[1985 Code § 8-2.1]
The Construction Official of the Borough is hereby designated
and appointed to exercise the following power enumerated within this
section relating to buildings deemed unfit for human habitation, occupancy
and use.
[1985 Code § 8-2.2]
When a petition is filed with the Construction Official by the
Mayor and Council or by at least five residents of the Borough charging
that any building is unfit for human habitation, occupancy or use,
the public officer shall, if his preliminary investigation discloses
a basis for such charges, issue to the owner or the parties in interest
of the building a complaint stating the charges. The complaint will
include a notice that a hearing will be held before the public officer
or his designated agent, at a place therein fixed, not less than seven
days nor more than 30 days after serving of the complaint. The aforesaid
complaint and notice shall further state that the owners and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person; or be represented by an attorney licensed
to practice law in the State of New Jersey and give testimony at the
place and time fixed on the complaint and that the rules of evidence
prevailing in the courts shall not be controlling in hearing before
the public office.
[1985 Code § 8-2.3]
If after such notice and hearing, the public officer determines
that the building under construction is unfit for human habitation
or occupancy or use, he shall state in writing his findings in support
of such determination and shall issue and cause to be served upon
the owner thereof and parties in interest an order. The order shall
give provisions:
a.
Requiring the repair, alteration or improvement of the building to
be made by owner within a reasonable time to be set forth in the order,
or at the option of the owner, to vacate or have the building vacated
and closed within the time set forth in the order.
b.
If the building is in such a condition as to make it dangerous to
the health, and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the building within the time
specified in the order, than the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
[1985 Code § 8-2.4]
If the owner fails to comply with an order to repair, alter,
improve, or at option of the owner, to vacate and close the building,
the Construction Official may cause such building to be repaired,
altered, or improved, or to be vacated and closed to the public. Once
the building is closed a placard should be displayed with the following
words: "This building is unfit for human habitation, occupancy, or
use. The use or occupation of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish
the building, the public officer may, after obtaining a consent resolution
from Mayor and Council, cause such building to be removed or demolished
or may contract for the removal or demolition thereof after advertisement
and receipt of bids.
[1985 Code § 8-2.5]
Municipal liens shall be held for the following:
a.
The cost of the filing of legal papers, expert witness fees, search
fees, and advertising charges incurred in favor of the municipality;
b.
The cost of repairs, alterations, or improvements, or vacating, and
closing, or removal or demolition, if any of the amounts of the balance
remaining after deduction of the sum, if any, realized from the sale
of materials derived from such building or from any contract for removal
or demolition thereof, shall be a municipal lien against the real
property upon such cost was incurred.
c.
If the building is removed or demolished by the public officer, he
shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition, including the clearance
and if necessary leveling of the site, the proceeds of any sale of
such materials of any sum derived from any contract for the removal
or demolition of the building. If there are no such credits or if
the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Municipal Tax Assessor or other custodian of the records
of the tax liens, and a copy thereof shall be forwarded to the owner
by registered mail. If the total of the credits exceeds such costs,
the balance remaining shall be deposited in the Superior Court by
the public officer and shall be secured in such manner as may be directed
by such court, and shall be disbursed according to the order or judgment
of the court to the persons found to be entitled thereto by final
order or judgment of such court. Any owner or party in interest may
within 30 days from the date of the filing of the lien certificate
proceed in a summary manner to the Superior Court to contest the reasonableness
of the amount or accuracy of the cost set forth in the municipal lien
certificate.
[1985 Code § 8-2.6]
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or structurally unsafe building the Construction
Official or his designee may after taking such measures as may be
necessary to make such building temporarily safe, seek a judgment
in a summary proceeding in the Superior Court for the demolition of
the building.
[1985 Code § 8-2.7]
Nothing in this section shall be construed to impair or limit
the power of the municipality to define and declare nuisances and
to cause their removal or abatement by summary proceedings, or otherwise,
nor is anything in their act intended to limit the authority of the
enforcing agency or Construction Official under the State Uniform
Construction Code Act (P.L. 1975 c. 217) 52:27D-119 et seq.) or any
rules or regulations adopted thereunder.
[1985 Code § 8-3.1]
No building, wall or structure or any part thereof which is
or may become dangerous to life or health or which creates a fire
hazard shall be permitted to remain in such condition in the Borough
of East Newark.
[1985 Code § 8-3.2]
Any vacant building or structure in an unsafe condition and
liable to create a fire hazard shall be repaired or removed.
[1985 Code § 8-3.3]
Any building or part thereof which is unfit for human habitation
by reason of its being infected with disease or by reason of its being
in a condition dangerous to life or health, or to be likely to cause
illness among the occupants, or any part thereof of the building so
decided to be unfit for human habitation shall be vacated by all occupants
and shall be repaired or removed as hereinafter provided.
[1985 Code § 8-3.4]
The Borough Council may determine that a dwelling is unfit for
human habitation if it finds that conditions exist in such dwelling
which are dangerous or injurious to the health or safety of the occupants
of such dwelling, the occupants of neighboring dwellings or other
residents of the Borough. Such conditions may include the following
(without limiting the generality of the foregoing) defects therein
increasing the hazards of fire, accident or other calamities; lack
of adequate ventilation; light or sanitary facilities; dilapidation;
disrepair; structural defects, and uncleanliness.
[1985 Code § 8-3.5]
[1985 Code § 8-3.6]
Whenever any building or part thereof violates the description of conditions set out in subsections 18-3.1 through 18-3.4 it shall be the duty of the Construction Official, Health Department, Fire Department or Police Department, as the case may be, to report that condition to the Borough Council as soon as possible. If from the preliminary investigation it shall be disclosed to the Borough Council a basis for the charges filed, the Borough Council shall issue and cause to be served upon the owner of the parties in interest of such dwelling or building a complaint stating the charges to that respect. The complaint shall contain a notice that a hearing will be held before the Borough Council at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the complaint.
[1985 Code § 8-3.7]
The owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person, by counsel, or
otherwise, and give testimony at the time and place fixed in the complaint.
[1985 Code § 8-3.8]
The rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Borough Council.
[1985 Code § 8-3.9]
When after such a notice and hearing, the Borough Council determines that a violation of the conditions described in subsections 18-3.1 through 18-3.4 exists or that the building, wall or structure under consideration is unfit for human habitation, or is or may become dangerous to life or health or might tend to extend a conflagration, then the Borough Council shall by resolution cause an order to be served upon the owner or other parties in interest requiring that he or they repair, remove or destroy such building, wall or structure.
[1985 Code § 8-3.10]
The order required by the preceding section shall contain a
description of the property affected, sufficiently definite in terms
to identify same, as well as the manner in which such repair, removal
or destruction is to be carried out, and notice or further order that
unless such repair, removal or destruction, or cause the same to be
repaired, removed or destroyed, under the provisions of this section,
and the statutes in such case made and provided, and the cost of such
repair, removal or destruction shall be charged against the property
affected as a municipal lien.
[1985 Code § 8-3.11]
Upon the failure of the owner of such property to comply with
the terms of such order, the Construction Official is hereby authorized
to repair, remove or destroy, or cause to be repaired, removed or
destroyed, the buildings, walls or structures described in such order,
keeping an accurate account of the cost and expenses thereof, together
with the cost and expenses in removing the debris from the premises,
and shall file a true statement, under oath, with the Borough Clerk;
and upon the examination by the Borough Council of the statement and
the ascertainment that the same is properly made and correct, and
confirmed by the Borough Council, the same shall be filed in a book
to be kept for that purpose and who shall certify the amount to the
Collector of Taxes, to be charged upon the books of the Borough against
the land on which the buildings, walls or structures were repaired,
or removed, which charge, with interest thereon, shall forthwith become
a lien on the premises and shall be added to and form a part of the
taxes next to be assessed and levied upon such lands and be collected
in the same manner as other taxes. In addition, the Construction Official
shall cause to be posted on the main entrance of any building, dwelling
or structure so closed, a placard with the following words:
"This building is unfit for human habitation; the use or occupation
of this building for human habitation is prohibited and unlawful."
[1985 Code § 8-3.12]
All notices, complaints, or orders required or authorized by
this section may be served upon the owner resident in the Borough
in person or by leaving the same at his usual place of residence with
a member of the family above the age of 14 years; in case any such
owner shall not reside in the Borough, the document may be served
upon the owner personally or mailed to his last-known post office
address, or may be served upon the occupant of the property or upon
the agent of the owner in charge thereof; in case the owner of any
such property shall be unknown or service for any reason cannot be
made as above directed, notice thereof shall be published at least
once, not less than 30 days before the proposed repair, removal or
destruction, in a newspaper circulated in the Borough; there may be
inserted in such advertisement notice to the owner of several different
parcels of land, notice to infant owners or owners of unsound mind
shall be served upon their guardians; where lands are held in trust,
service shall be made upon the trustee; where lands are held by two
or more joint tenants, tenants in common or tenants by entirety, service
upon one of such owners shall be sufficient and shall be deemed and
taken as notice to all. In all other situations not provided for aforesaid,
service shall be made pursuant to the rules governing the Civil Practice
in the Superior Court of the State of New Jersey, with the exception
that wherever the word "Sheriff" appears in said Rules, the Borough
Attorney may be used in lieu thereof.
[1985 Code § 8-3.13]
The Borough Attorney shall file, within 10 days thereafter,
proof of service of the notices or orders provided by this section,
or proof of publication, if advertised, with the Collector of Taxes.
The failure to file the same shall not invalidate the processing if
service has actually been made as herein provided.
[1985 Code § 8-3.14]
In addition to the foregoing provisions of this section, buildings
or other structures which shall be unsafe so as to endanger life and
limb shall immediately, upon notice from the Construction Official,
be made safe and secure, or taken down, and when the public safety
requires immediate action, the Construction Official may forthwith
enter upon the premises with such assistants as may be necessary and
cause such structure to be made secure or taken down at the expense
of the owner or party interested.
[1985 Code § 8-3.15]
The powers conferred by this section shall be in addition and
supplemental to the powers conferred by any other law or ordinance.
[1985 Code § 8-3.16]
[Ord. No. 05-12 § 1.1]
It shall be unlawful for any owner, lessee or occupant of any
lot or land to dump or permit to be dumped thereon, or allow to accumulate
or remain thereon, or to permit to grow thereon, brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and other debris, or any other offensive or unsightly matter
and material.
[Ord. No. 05-12 § 1.2]
It shall be unlawful for any person to deposit upon any property belonging to another person, without express permission of the owner, lessee, or any other person entitled to the possession thereof, or upon any public street, sidewalk or waterway, any brush, weeds, dead trees, old stumps and roots, filth, garbage, trash, debris or other offensive or unsightly matter. In case any such material shall be deposited with the consent of the owner, lease or any other person entitled to the possession thereof, the responsibility thereof shall then pass to the owner, lessee, or other person legally entitled to the possession thereof, in accordance with the provisions of subsection 18-4.1.
[Ord. No. 05-12 § 1.3]
It shall be unlawful for any owner, lessee or occupant of any
property to maintain any hedge, shrubbery, or other vegetation in
such manner as to encroach upon any sidewalk or street, or in such
manner as to interfere with the free and unobstructed passage of persons
upon the sidewalks or streets.
[Ord. No. 05-12 § 1.4]
In the event that the owner, lessee or occupant of lands fails
to remove or eliminate the brush, weeds, old and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash, debris and other
unsightly matter and material within 10 days after notice to remove
and eliminate the same, the Borough of East Newark shall cause the
same to be done under the direction of the Public Works Supervisor.
The Public Works Supervisor shall, upon the completion of the work,
certify the cost thereof to the Borough Council, who shall examine
the certificate of cost, and, if found correct, shall cause the cost
as shown thereon to be charged against the lands, and the amount so
charged shall forthwith become a lien upon the lands and shall be
added to and become and form part of the taxes next to be assessed
and levied upon the lands, the same to bear interest at the same rate
as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
[Ord. No. 05-12 § 1.5]
The notice hereinabove provided for shall be in writing and
shall be served upon the last known owner as the same appears upon
the tax records at the office of the Tax Collector. If the last known
owner be a resident of the Borough of East Newark, service shall be
effected by handing a copy of the notice to the owner personally or
by leaving it at his usual place of abode. If the owner be a nonresident
of the Borough of East Newark, service shall be effected by mailing
a copy of the notice to his last known address, as shown by the tax
records, by registered mail, return receipt requested. If the owner
be a corporation, service shall be effected upon the registered agent
in the manner hereinabove set forth.
[Ord. No. 05-12 § 1.6]
The purpose of this section is to preserve the public health,
safety, general welfare, and to eliminate fire hazards in the Borough
of East Newark.
[Ord. No. 05-12 § 1.7]
[Ord. No. 05-12 § 1.8]
The creation of a lien upon the lands involved in accordance with the provisions of this section shall not be considered in lieu of the imposition of a penalty in accordance with the provisions of subsection 18-4.7, and likewise, the imposition of a penalty in accordance with subsection 18-4.7, shall not be considered in lieu of the creation of a lien.
[Ord. No. 05-12 § 2.1]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Ord. No. 05-12 § 3.1]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any litter or accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
or her premises free from litter. All sweepings shall be collected
and property containerized for disposal.
[Ord. No. 05-12 § 4.1]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[Ord. No. 05-12 § 4.2]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential except in
a fully enclosed structure or on days designated for the collection
of tires.
[1973 Code § 83-25; Ord. No. 05-12 § 5.1]
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
[Ord. No. 05-12 § 6.1]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots, in driveways and on residential lawns except
in a fully enclosed structure, any motor vehicle, trailer or semi-trailer,
which is:
[Ord. No. 05-12 § 7.1]
The owner of any property in the Borough which consists primarily
of virgin, undeveloped meadowland, which contains any service road
leading to or from a public road, shall erect and maintain a fence
across the service road, sufficient to impede the travel of any motor
vehicle.
[Ord. No. 05-12 § 7.2]
Such fence shall be equipped with a gate which may be locked
or unlocked; provided, however, that a key to the gate must be left
with the Chief of the Fire Department or his authorized agent at all
times.
[Ord. No. 05-12 § 7.3]
[Ord. No. 05-12 § 8.1]
This section shall be known as the "Property Maintenance Code
of the Borough of East Newark" and will be referred to in this chapter
as "the Property Maintenance Code."
[Ord. No. 05-12 § 8.2]
The Mayor and Council hereby find, determine and declare that
there exists, have existed and persist in the Borough of East Newark
conditions of deterioration in housing, in commercial and industrial
installations and in other physical components of community life which
constitute a menace to the health, safety and welfare of the inhabitants
of the Borough, but that such conditions are amenable to correction
and amelioration by a concerted strategy embodied in the Property
Maintenance Code.
[Ord. No. 05-12 § 8.3]
The purpose of the Property Maintenance Code is (1) to protect
the public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
both residential and nonresidential premises; (2) to establish minimum
standards to make facilities fit for human habitation, occupancy and
use; (3) to fix certain responsibilities and duties upon owners, operators
and occupants; and (4) to fix penalties for the violation of the Property
Maintenance Code. It is intended that the Property Maintenance Code
be construed liberally to effectuate the purposes stated herein.
[Ord. No. 05-12 § 8.4]
As used in the Property Maintenance Code, the following words
have the following definitions, unless the context otherwise indicates:
Shall mean a building that is used for the benefit of a main
building on the same lot and under the same ownership or control.
Shall mean the condition or appearance of a building or part
thereof, characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay, neglect, lack
of maintenance or excessive use.
Shall mean those portions of a building which are exposed
to public view and the open space on any premises outside of any building.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean the presence of insects, rodents, vermin or other
pests which constitute a health hazard.
Shall mean:
Any public nuisances recognized by the courts of New Jersey
to be such and any conditions which unreasonably interfere with the
health, safety, peace, comfort or convenience of the general East
Newark community;
Any attractive nuisance detrimental to the health or safety
of children whether in a building or on premises where a building
is located, or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned ice-boxes,
refrigerators, motor vehicles, lumber, trash or debris and any structurally
unsound fences or structures;
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist;
Unsanitary conditions or conditions which render air, food or
drink detrimental to the health of human beings.
Shall mean any person who has charge, care or control of
a dwelling or premises, or a part thereof, whether with or without
the knowledge and consent of the owner.
Shall mean any person (1) who, alone or jointly or severally
with others, has legal or equitable title to any premises, whether
or not in actual possession thereof, or (2) who has charge, care or
control of any dwelling unit, as owner or agent of the owner, or as
a fiduciary, or as a mortgagee in possession regardless of how such
possession was obtained. Any person who is a lessee, sublessee or
assignee under any lease or sublease of any part or all of any dwelling
or dwelling unit shall, for purposes of the Property Maintenance Code,
be deemed to be a co-owner of, and shall have joint responsibility
with the owner respecting the part of the premises covered by the
lease or sublease.
Shall mean a lot, plot or parcel of land, including the buildings
or structures thereon.
Shall mean putrescible and nonputrescible solid wastes including,
but not limited to, garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Shall mean anything that is built or constructed and permanently
affixed over or under the ground or upon another structure or building.
[Ord. No. 05-12 § 8.5]
Every residential and nonresidential building and the premises on which it is situated, previously or presently used or intended to be used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of the Property Maintenance Code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of the Property Maintenance Code, and irrespective of any permits or licenses which shall been issued for the use or occupancy of the building or for the installation or repair of equipment or facilities prior to the effective date of the Property Maintenance Code. The Property Maintenance Code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained herein, except as provided in subsection 18-11.6.
[Ord. No. 05-12 § 8.6]
In any case where the provisions of the Property Maintenance
Code impose a standard higher than set forth in other ordinances of
the Borough or under the laws of the State of New Jersey, the standards
as set forth herein shall prevail. However, if the provisions of the
Property Maintenance Code impose a lower standard than those set forth
in other ordinances of the Borough or laws of the State of New Jersey,
the higher standard contained in any such other ordinances or laws
shall prevail.
[Ord. No. 05-12 § 8.7]
No certificate of compliance with this the Property Maintenance
Code shall constitute a defense against noncompliance with any other
ordinance of the Borough.
[Ord. No. 05-12 § 8.8]
a.
Owners and Operators. Owners and operators shall have all the obligations
and responsibilities prescribed in the Property Maintenance Code and
shall not be relieved therefrom, nor be entitled to defend against
any charge of a violation thereof, by reason of the fact that the
occupant is also responsible therefor and in violation thereof.
b.
Contract Not to Alter Responsibilities. Unless expressly provided
to the contrary in the Property Maintenance Code, the respective obligations
and responsibilities of an owner and operator on one hand and an occupant
on the other, shall not be altered, affected or diminished by any
agreement or contract by and between any of the aforesaid or between
them and other parties.
[Ord. No. 05-12 § 8.9]
The exterior of the premises and all structures thereon shall
be kept free of any hazards or threats to the safety of occupants,
pedestrians or other persons utilizing the premises, and shall be
kept free of unsightly or unsanitary conditions. Any such hazards
shall be removed promptly and abated. Hazards and unsightly or unsanitary
conditions shall include, but shall not be limited to, the following:
a.
Refuse including, without limitation, junk, debris, scrap lumber,
scrap metal, inoperable machinery or parts and fragments thereof,
glass, stumps and trash.
b.
Loose and overhanging objects including, without limitation, dead
and dying trees, accumulations of ice and other similar conditions
which by reason of their location above ground level constitute a
hazard to persons in the vicinity thereof.
c.
Ground surface hazards including, without limitation, holes, excavations,
breaks, projections and obstructions.
d.
Inadequate foundation or retaining walls, piers, columns or similar
load-bearing components which are not capable of bearing imposed loads
safely.
e.
Unsafe exterior facilities including, without limitations, exterior
porches, landings, balconies, stairs and fire escapes. All such shall
be kept structurally sound and in good repair and shall be provided
with banisters or railings properly designed and maintained.
f.
Inadequate run-off drains which shall fail to eliminate recurrent
or excessive accumulations of stormwater.
g.
Chimneys and all flue and vent attachments thereto not maintained
structurally sound and free from defects and not maintained as to
capably perform at all times the functions for which they were designed.
Chimneys, flues, gas vents or other draft-producing equipment shall
provide sufficient draft to develop the rated output of the connected
equipment and shall be structurally safe, durable, smoketight and
capable of withstanding the action of flue gases.
h.
Snow and ice which shall not have been removed from sidewalks, entrance stairways and walkways connecting entrance stairways to sidewalks as provided in subsection 20-3.1 of the Revised General Ordinances of the Borough of East Newark so as to constitute a hazard to persons using the premises.
i.
Sidewalks which are not unencumbered, broom clean, free from filth,
slops and litter.
[Ord. No. 05-12 § 8.10]
The exterior of premises, including the exteriors of dwelling
structures and accessory structures, shall be maintained so that the
appearance of the premises and all buildings thereon shall not constitute
a blight factor.
a.
General Maintenance. To preserve property values, eliminate safety
hazards and protect adjoining properties and the neighborhood from
blighting influences, the exterior of every structure or accessory
structure, including fences, shall be maintained in good repair. All
surfaces thereof shall be kept free of broken glass, loose shingles,
crumbling stone and brick or excessive peeling paint.
b.
Storage. Equipment and materials relating to business, commercial
or industrial uses shall not be stored on the premises unless permitted
under the zoning ordinances.
c.
Motor Vehicles. No unregistered, uninspected or inoperable motor
vehicle shall be parked outside on any residential property. At no
time shall any vehicle in a state of major disassembly, disrepair
or in the process of being stripped or dismantled be parked outside
on any residential property. However, nothing herein shall prevent
ordinary repairs or maintenance to be made on any personally owned
noncommercial vehicles by residents of the property on which the vehicles
are located.
d.
Front Yard Parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer any vehicle to be parked, stopped or
standing, in the front yard area of any residential premises except
on driveways and parking areas constructed and installed in compliance
with applicable Borough ordinances.
e.
Waterways, Brooks, Etc. All waterways, brooks, drainage ditches and
swales located on or immediately adjacent to the premises shall be
maintained in good condition, free from debris or other obstructions.
[Ord. No. 05-12 § 8.11]
The exteriors of premises and accessory structures shall be
maintained so that the appearance of the premises and all buildings
shall not constitute a blight factor.
a.
General Maintenance. To preserve property values, eliminate safety
hazards and protect adjoining properties and the neighborhood from
blighting influences, the exterior of every structure or accessory
structure, including fences shall be maintained in good repair and
all surfaces thereof shall be kept free of broken glass, loose shingles,
crumbling stone or brick and excessive peeling paint.
b.
Conditions of Approval. All conditions of approval incorporated in
other ordinances or resolutions of the Borough, or of any duly constituted
board or agency of the Borough, shall be adhered to and shall be construed
to impose continuing conditions of approval hereunder. On-site improvements
of every kind or nature, including, without limitation, sidewalks,
curbs, catch basins, storm drains and driveways shall be maintained
in good and serviceable condition at all times.
c.
Windows. No storage of materials, stock or inventory shall be permitted
in window display areas unless the areas are first screened from the
public view by drapes, venetian blinds or other permanent rendering
of the windows opaque to the public view. All such screening of interiors
shall be maintained in a clean and attractive manner and in a good
state of repair. This section shall not apply to the ordinary display
of goods and materials offered for sale at that location.
d.
Store Fronts. All store fronts and all surfaces thereof shall be
maintained in good repair. In the event repairs to a portion of a
store front are made, such repairs shall be performed with materials
identical or compatible with the materials used in the area not undergoing
repair so that the appearance of the store front shall be uniform
and attractive and shall not constitute a blighting factor depreciating
adjoining properties.
e.
Motor Vehicles. Unregistered, uninspected or inoperable motor vehicles
shall not be permitted on any property in any business, commercial
or industrial zone. At no time shall any vehicle be in any state of
major disassembly, disrepair or in the process of being stripped or
dismantled, except at an approved automobile repair facility and then
only when such vehicle is in the process of being repaired. At no
time shall any vehicle of any type undergo major overhauling, including
body work, in a business, commercial or industrial zone, except at
an approved automobile repair facility when such vehicle is in the
process of being repaired.
f.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. If such awnings or marquees
are not properly maintained in accordance with the foregoing, they,
and their supporting members, shall be removed forthwith. If the awnings
or marquees are made of cloth, plastic or of similar materials, the
cloth or plastic, where exposed to public view, shall be maintained
in good condition and shall not show evidence of excessive weathering,
discoloration, ripping, tearing or holes. Notwithstanding, nothing
herein shall be construed to authorize any encroachment not otherwise
permitted on streets, sidewalks or other parts of the public domain.
g.
Signs. All signs, including the structural and supporting components
thereof, and all light stanchions and poles shall be maintained in
good repair.
h.
Parking Lines. All parking areas shall be marked with clearly visible
parking lines and necessary directional arrows. Such markings shall
be consistent with requirements as to parking areas imposed by other
ordinances or resolutions.
i.
Waterways, Brooks, Etc. All waterways, brooks, drainage ditches and
swales, to the extent that the same are located on or immediately
adjacent to the premises, shall be maintained in good condition, free
from debris, plantings or other obstructions.
[Ord. No. 05-12 § 8.12]
a.
Residential. Every dwelling and accessory structure, and every part
thereof, shall be kept structurally sound and in a state of good repair
to avoid safety or health hazards.
1.
Exterior Walls, Sidings and Roofs. Exterior walls, sidings and roofs
shall be kept structurally sound in good repair and free from defects.
2.
Structures or portions of structures showing signs of rot, leakage,
deterioration or corrosion are to be restored and protected against
weathering or seepage.
b.
Nonresidential. The exterior of every structure or accessory structure,
including fences and store fronts, shall be maintained in good repair.
Exterior walls, sidings and roofs shall be kept structurally sound
in good repair and free from defects. All surfaces shall be maintained
free of broken glass, loose brick, excessive peeling paint, or other
conditions reflective of deterioration or inadequate maintenance.
All reconstruction of walls and siding shall be of standard quality
and appearance commensurate with the character of the properties in
the zoning district in which the premises are located.
[Ord. No. 05-12 § 8.13]
Vacant buildings shall be locked. All windows, doors and other
openings, shall be kept adequately secured to exclude trespassers,
but shall not be boarded up except on a temporary basis with the prior
approval of the Construction Official.
[Ord. No. 05-12 § 8.14;
amended 7-8-2020 by Ord. No. 06-2020]
There is hereby created the position of Code Enforcement Officer
whose position shall be appointed by the Mayor, in either a full-time
or part-time capacity as determined by the Mayor and who shall serve
under, and at the discretion of, the Borough Administrator. The Code
Enforcement Officer's salary shall be determined by the Mayor in according
with the applicable salary ordinance. The Code Enforcement Officer's
primary duties shall include, but not be limited to, enforcing provisions
of this chapter in concurrent jurisdiction with the Construction Official
(or his or her designee), Health Department, Police Department and
any other Borough Official charged with enforcement of the provisions
of this chapter. The Construction Official may designate the Code
Enforcement Officer to carry out any of the duties of this chapter
normally charged to the Construction Official. The Construction Official
(or his or her designee), Police Officer, Code Enforcement Officer,
or any Borough official shall be responsible for all inspections,
regulations and enforcement. All hearings on violations of the provisions
of the Property Maintenance Code, unless expressly stated to the contrary,
shall be under his direction and supervision.
[Ord. No. 05-12 § 8.15]
All buildings and premises subject to the Property Maintenance
Code are subject to inspections by the Construction Official for compliance
with the provisions of the Property Maintenance Code. Such inspections
shall be made only between 5:00 p.m. and 7:00 p.m. Tuesday and Thursday,
unless the Construction Official obtains prior approval from the Mayor
and Council or where there is reason to believe that a violation exists
of a character which is an immediate threat to health or safety, requiring
inspection and abatement without delay.
[Ord. No. 05-12 § 8.16]
The Construction Official shall request consent of the owner,
or other person in charge of a structure prior to entry. If any owner,
or person in charge of a structure refuses, impedes, inhibits, interferes
with, restricts or obstructs entry, the Construction Official may
seek a warrant as per subsection 18-11.17.
[Ord. No. 05-12 § 8.17]
The Construction Official may apply to the Judge of the East
Newark Municipal Court for a search warrant, setting forth factually
in his sworn application the conditions and circumstances which he
alleges provide a reasonable basis for believing that a violation
of the Property Maintenance Code exists.
[Ord. No. 05-12 § 8.18]
Where a violation of the Property Maintenance Code is found
to exist, a written notice from the Construction Official shall be
served on the person or persons responsible for the correction thereof.
[Ord. No. 05-12 § 8.19]
The notice shall specify (1) the violation or violations committed,
(2) what must be done to correct the same, (3) a reasonable period
of time, not to exceed 30 days, within which to correct or abate the
violation, (4) the right of the person served to request a hearing,
and (5) that the notice automatically shall become an order for the
Construction Official in 15 business days after service unless a hearing
is requested.
[Ord. No. 05-12 § 8.20]
The notice of violation may be served personally or by certified
mail, addressed to the last known address of the person to be served.
Where it is ascertained that the owner does not reside on the premises,
the last known address shall be the address of the owner as shown
on the tax rolls. If the last known address cannot be ascertained,
the notice may be posted on the outside front entrance of the building.
The Construction Official shall file and provide notice to any
owner, operator or occupant of any violation at an address other than
the last known address if such other address is filed with the Construction
Official. Service upon an owner, operator or occupant also may be
effected by service of the notice upon a member of the family of the
owner, operator or occupant. The date of service of the notice, where
service is by mail, shall be the day shown on the certified receipt.
[Ord. No. 05-12 § 8.21]
Ten business days after the date of service, the notice shall
constitute a final order unless a person affected by the notice serves
a written request for a hearing upon the Construction Official before
that time. Such a request for a hearing shall be to the Hudson County
Construction Board of Appeals or the Municipal Court, as the case
may require.
The Construction Official shall take immediate action in accordance
with the decision of the Board, unless the decision is stayed by a
Court of competent jurisdiction.
Any party, including the Construction Official, may appeal from
the decision of the Board to a Court of competent jurisdiction within
30 days of the decision.
[Ord. No. 05-12 § 8.23]
The Construction Official may extend the time for correction
or abatement of the violations for an additional period of time not
to exceed 30 days, except where major capital improvements or renovations
are involved. In such event the time for completion may be extended
for a period not to exceed 90 days beyond the expiration date of the
original notice.
[Ord. No. 05-12 § 8.24]
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to health or
safety unless abated without delay, the Construction Official may
either abate the violation or condition immediately or direct the
owner, operator or occupant to correct the violation or condition
within a period of time not to exceed three days. If the owner, operator
or occupant fails to do so, the Construction Official shall immediately
abate the condition.
[Ord. No. 05-12 § 8.25]
Where abatement of any nuisance, correction of a defect or rendering
the premises in compliance with any ordinance or State law requires
expending Borough moneys, the Construction Official shall present
a report of work proposed to be done to accomplish the foregoing to
the Mayor and Council, with an estimate of the cost thereof.
The Mayor and Council may thereupon by resolution authorize
the abatement of the nuisance, correction of the defect, or the work
necessary to place the premises in compliance. If the Mayor and Council
authorizes the work, the Construction Official may thereafter proceed
to have the work performed at Borough's expense not to exceed the
amount specified in the resolution. Upon completion of the work, he
shall submit a report of the moneys expended and costs to the Mayor
and Council. After review of the same, the Mayor and Council may approve
said costs, and any other costs related to the matter whereupon the
same shall become a lien against the premises collectible as provided
by law. A copy of the resolution approving said costs shall be certified
by the Mayor and filed with the Tax Collector who shall be responsible
for the collection thereof. The Tax Collector shall forthwith forward
to the owner as his, her or its name appears on the tax rolls a detailed
copy of the costs and the amount due by certified mail.
[Ord. No. 05-12 § 8.26]
Any failure to correct or abate violations in accordance with
the requirements of the Property Maintenance Code shall be punishable
by a fine not to exceed $500 for each violation committed hereunder.
Each violation of a section or subsection of the Property Maintenance
Code shall constitute a separate violation independent of any other
section or subsection. Each day's failure to comply with any such
section or subsection shall constitute a separate violation. No fine
may be levied against an owner-occupant or a nonowner-occupant of
a residential unit who submits adequate proof that he or she is not
financially able to correct the violations, but such circumstance
shall not preclude the construction official from proceeding pursuant
to subsection 18-11.24 of the Property Maintenance Code.
Where an owner or operator has been convicted of a violation
of the Property Maintenance Code and within 12 months thereafter has
been found guilty of a second violation of the Property Maintenance
Code, the Judge of the East Newark Municipal Court may, if he finds
the second offense was willful and inexcusable, sentence the offender,
to imprisonment in the County jail for a period not to exceed 90 days
in addition to or in lieu of the fine set forth.
