Editor's Note: Source history of this chapter includes Ord. No. 12-87 and Ord. No. 6-05.
[Ord. No. 12-09 § 8-4.1]
It is hereby found and determined that there exist in the Borough of Ogdensburg structures used for residential and nonresidential use which are or may become in the future substandard with respect to structure, equipment or maintenance. It is further found that conditions of the above-described property, including but not limited to structural deterioration, lack of maintenance and appearance of the exterior of premises, infestation, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to health, safety, welfare and reasonable comfort of the citizens and inhabitants of the Borough of Ogdensburg. The Borough Council further finds and declares that, by reason of lack of maintenance and the existence of progressive deterioration, certain properties have the further effect and/or the further potential effect of creating blighted conditions that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate, in time, the expenditure of public funds to correct and eliminate the same and that, by reason of timely regulation and restrictions as herein contained, the growth of depressed areas, slums and blight may be prevented. It is further found that such prevention will maintain neighborhood and property values, as well as the desirability and amenities of residential and nonresidential uses; and it is further found that such prevention will protect and foster the public health, safety and welfare.
[Ord. No. 12-09 § 8-4.2]
The purposes of this Property Maintenance Code are as follows:
a. 
To protect the public health, safety and welfare of the citizens of Ogdensburg by establishing minimum standards governing the maintenance, appearance, conditions and occupancy of property.
b. 
To authorize and establish procedures for the enforcement of this code.
c. 
To fix certain responsibilities and duties upon owners and operators and establish distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises.
d. 
To fix penalties for the violations of this code.
[Ord. No. 12-09 § 8-4.3]
Nothing in this article shall be construed to abrogate or impair the powers of the Borough of Ogdensburg to enforce any provisions of its ordinances or regulations or prevent or punish violations thereof, and the power conferred by this chapter shall be in addition to and supplemental to the powers conferred by any other law or ordinance.
[Ord. No. 12-09 § 8-4.4]
a. 
The term "multiple dwelling" shall have the same meaning as set forth at length in N.J.S.A. 55:13A-3(k), and the aforesaid definition of "multiple dwelling" is incorporated herein by reference.
b. 
Property maintenance for multiple dwelling structures shall be regulated and governed by the Regulations for Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1.1 et seq., which regulations are hereby adopted by the Borough and incorporated herein by reference. The regulations for exterior property maintenance set forth in this chapter shall apply to multiple dwellings.
c. 
Copies of Regulations for Maintenance of Hotels and Multiple Dwellings shall be on file in the offices of the Borough Clerk and the Board of Health and shall be available for inspection upon request.
d. 
The procedures governing the inspection of multiple dwellings and the enforcement of violations shall be as set forth in the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., and the Regulations for Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1.1 et seq.
[Ord. No. 12-09 § 8-4.5]
a. 
All structures and premises in the Borough shall be kept free of all the following conditions:
1. 
Broken glass, excessive brush, weeds, stumps and roots, obnoxious growth, filth, garbage, trash, refuse, rubbish and debris.
2. 
Dead and dying trees, limbs or other natural growths which by reason of rotting, deteriorating conditions, storm damage or weathering constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. Naturally wooded areas are exempt from this section which pertains to the vicinity of a residence.
3. 
Loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
4. 
Holes, excavations, breaks, projections, obstructions, icy conditions, and other safety hazards related to walks, driveways, parking lots, parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate safety hazards or unsanitary conditions.
5. 
Sources of infestation or potential infestation by rodents, mosquitoes, flies and other harmful vermin.
6. 
Runoff drains shall be maintained to eliminate any recurrent or excessive accumulations of storm water.
b. 
The exterior of every structure or accessory structure, including fences, shall be maintained in good repair, and all surfaces thereof shall be kept painted and finished where necessary for purposes of preservation and appearance. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling of paint or other conditions reflecting weathering, deterioration or inadequate maintenance, to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties in the neighborhood protected from blighting influences. All accessory structures must have functional doors and windows where necessary.
c. 
There shall not be stored or used, at a location visible from the streets or other public areas, equipment and materials relating to commercial or industrial uses.
d. 
Natural vegetation, landscaping, lawns, hedges and bushes shall not be allowed to become overgrown and unsightly where exposed to public view. The length of lawn grass shall not exceed nine inches at any time.
e. 
Firewood shall not be stored in front of any residence. All tarps used to cover such firewood or stored trailers, boats, etc., shall be dark green, brown, blue, black or camouflage tarpaulin or canvas.
f. 
All parts of the premises shall be kept in a clean and sanitary condition, free of nuisances and free from health, safety and fire hazards.
[Ord. No. 12-09 § 8-4.6]
a. 
Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Code Enforcement Officer shall be served upon the owner responsible for correcting such condition. The notice shall contain the following:
1. 
A description of the property sufficient for identification;
2. 
An identification of the conditions constituting the violation;
3. 
The necessary corrective action;
4. 
A time period not to exceed 10 days after service of the notice upon the owner to correct or abate the violation;
5. 
A statement that the notice shall become an order of the Code Enforcement Officer in 10 days after service; and
6. 
A statement of the penalty for violation of the notice.
b. 
The notice may be served personally or by certified mail at the last known address of the owner alleged to be in violation. Where it is ascertained that the owner does not reside on the premises and the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the affected building. Service upon any owner may also be achieved by service of any notice upon a member of the family of the owner, provided that such family member is 16 years of age or older and resides with such owner.
c. 
After 10 days from the date of service of the notice, the notice shall constitute a final order. If the violation is not corrected or abated at the time the notice constitutes a final order, the Code Enforcement Officer shall issue a summons to the owner to appear in municipal court for violation of the final order, pursuant to N.J.S.A. 2B:12-17a.
d. 
The Code Enforcement Officer may extend the time for correction and abatement of any violation of this chapter for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which case, the time for completion may be extended for such period of time as the Code Enforcement Officer may deem reasonably adequate.
e. 
In the event that the Owner of the property does not respond to violation notices, fails to abate the subject of the violation notice, or cannot be located after diligent inquiry and effort, the Borough may take reasonable steps to abate or minimize the violations for the health, safety and welfare of the surrounding properties. In the case of failing to maintain a lawn constituting a violation, the Borough may, at its sole discretion, cut the grass or hire a contractor to cut the grass. The owner shall be charged $100 per hour for grass cutting and the Borough shall record the charges as a lien against the property.
[Ord. No. 12-09 § 8-4.7]
A violation of this chapter by failure to comply with an order entered by the Code Enforcement Officer pursuant to the Property Maintenance Code shall be punishable by a fine not to exceed $250 for the initial violation, not to exceed $500 for the second violation and not to exceed $1,000 for the third violation committed hereunder. Each violation of a different section of this code shall constitute a separate and distinct violation independent of any other section. Each day of noncompliance with any provision of this code, and any subsequent violation, shall constitute a separate violation and shall be subject to a summons without further notification. An owner shall be considered "notified" of the violation for a period of two years after the initial notification.