[Ord. No. 90-718, §§ 1—5; amended 7-16-2019 by Ord. No. 2019-1448]
There is hereby adopted the Property Maintenance Code of the Borough of Tinton Falls, Monmouth County, New Jersey, that certain building code known as "2018 International Property Maintenance Code," as published by International Code Council, LLC, for the control of buildings and structures as provided therein and each and all the regulations, provisions, penalties, conditions and terms of the 2018 International Property Maintenance Code, a copy of which is annexed hereto and are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes prescribed in Subsection 12-1.3.
One copy of the 2018 International Property Maintenance Code
is on file in the office of the Borough Clerk, similarly marked, and
shall remain on file for the use and examination of the public.
The 2018 International Property Maintenance Code is amended
and revised in the following respects:
a.
Section 101.1: Insert for name of jurisdiction, "Borough of Tinton
Falls, Monmouth County, New Jersey."
b.
Section 103.5: Insert "Borough of Tinton Falls General Ordinance."
c.
Section 112.4: Insert "$500" and "$1,250." This shall be in addition
to any court-imposed fines or fees.
d.
Section 302.4: Insert "10 inches."
e.
Section 304.14: Insert "April" and "November."
f.
Section 602.3: Insert "October" and "April."
g.
Section 602.4: Insert "October" and "April."
Any amendments to the 2018 International Property Maintenance
Code, adopted by International Code Council, LLC, are to be incorporated
into the International Property Maintenance Code without further action,
either by ordinance or resolution, of the Borough Council, so long
as such amendments are appended to the International Property Maintenance
Code, a copy of which is to be on file for public inspection in Borough
Hall.
If any portion of this section is declared to be ineffective,
unenforceable or void, only that portion of this section shall be
excised and the remainder of this section shall remain and continue
in effect.
[1982 Code § 74-1; Ord. #75]
Whenever it shall appear necessary and expedient to the Mayor
for the preservation of the public health, safety, general welfare
or to eliminate a fire hazard, to remove from lands lying within the
Borough brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris, the Administrator shall cause notice
thereof to be given to the owner, tenant, occupant or person in control
of such lands, and said owner, tenant, occupant or person in control
shall, within 10 days after notice thereof remove the same.
[1982 Code § 74-2; Ord. #75; Ord. #348]
In case the owner, tenant, occupant or person in control of
any such lands shall refuse or neglect to remove the said brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris within 10 days after notice thereof and in the manner
required by the Borough, the same shall be removed by or under the
direction of the Construction Official, the Code Enforcement Officer
or such other officer of the Borough as the Mayor may designate.
[1982 Code § 74-3; Ord. #75; Ord. #348]
In cases where brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris are removed from
any lands as provided for herein by or under the direction of the
Construction Official, Code Enforcement Officer or such other officer
as the Mayor may designate from time to time, the Construction Official,
Code Enforcement Officer or such other officer shall certify the cost
thereof to the Mayor, who shall examine the certificate and, if found
correct, shall cause the cost as shown thereon to be charged against
these lands; the amount so charged shall forthwith become a lien upon
such lands and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such 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.
[1982 Code § 74-4; Ord. #75]
The word "person," for the purpose of this section shall mean
any individual, firm, corporation, partnership or group of persons,
and the plural or singular and the masculine, feminine or neuter shall
be inferred, whichever is appropriate for the effectuation of this
section.
[1982 Code § 74-5; Ord. #75]
Any person violating any provision of this section shall be
liable to a fine of not more than $100 or to imprisonment not exceeding
10 days, or both, in the discretion of the court. Each day that the
violation or violations continue to exist shall be a separate violation.
[1982 Code § 74-6; Ord. #199]
Every owner and tenant of lands lying in the Borough shall keep
all brush, hedges and other plant life growing within 10 feet of any
roadway and within 25 feet of the intersection of two roadways cut
to a height of not more than 2 1/2 feet where it shall be necessary
and expedient for the preservation of the public safety, within 10
days after notice from the Administrator to cut the same.
[1982 Code § 74-7; Ord. #199]
Every owner or tenant of lands lying within the Borough shall
remove all soil, sand, dirt, stone or similar material located within
10 feet of any roadway and within 25 feet of the intersection of two
roadways so that the same shall not exceed a height of more than 2 1/2
feet above road grade where it shall be necessary and expedient for
the protection of persons and property and for the preservation of
the public safety, within 10 days after notice from the Administrator
to remove the same.
[1982 Code § 74-8; Ord. #199; Ord. #348]
In cases where the owner or tenant shall have refused or neglected
to comply with the aforesaid notice in the manner and within the time
provided above, the said work may be undertaken by the Borough under
the direction of the Administrator or Code Enforcement Officer, who
shall certify the cost thereof to the Mayor. The Mayor shall examine
the certificate of cost and, if found correct shall cause the cost
as shown thereon to be charged against said lands, or, in the event
that such cost is excessive shall cause the reasonable cost thereof
to be charged against said lands. The amount so charged shall forthwith
become a lien upon such lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon such lands,
the same to bear interest at the same rate as other taxes and shall
be collected and enforced by the same officer and in the same manner
as taxes.
[1982 Code § 74-9; Ord. #199]
The notice to the owner or tenant as hereinabove provided shall
only be given after the Administrator has made a determination that
such work is necessary and expedient as hereinabove mentioned.
[1982 Code § 74-10; Ord. #199]
The notice herein required shall be served upon an owner or
tenant residing in the Borough by certified mail or in person or by
leaving the same with a member of his family over the age of 14 years,
and, upon an owner or tenant not residing in the Borough, either by
personal service or by mailing the same to him at his last known post
office address or by service upon the occupant, manager, operator
or agent of the owner in charge of the property. In the event the
owner or tenant is unknown or service cannot for any reason be made,
the notice shall be published at least once, not less than 30 days
before the proposed cutting or removal, in a newspaper circulating
in the Borough.
[1982 Code § 74-11; Ord. #199; New]
[Ord. #95-880, § 1]
a.
All vehicles parked on the premises of detached single family homes
shall be parked in a garage, on the driveway or on a prepared parking
area which is an extension of and consonant with the driveway surface
except for:
[Ord. #09-1256, § 1]
It shall be the duty of any property owner abutting upon a public street or public sidewalk in the Borough to reconstruct, repair, alter or re-lay any sidewalk or curb, or section thereof requiring repair or reconstruction due to defects including holes, cracks, projections, obstructions or other dangerous conditions existing therein or as may be required for the public health, safety and welfare to permit the safe passage of persons and vehicles, as the case may be and in accordance with the terms of this section within a reasonable time after such conditions have been discovered by the responsible persons or brought to the attention of the responsible person, his agents, servants or employees. All repairs so required shall be accomplished in accordance with Chapter 15 of the General Ordinances of the Borough of Tinton Falls incorporated herein by reference.
a.
In case the owner or occupant of such land shall not comply with
the requirements of this section, it shall be lawful for the Street
Department of the Borough, upon notice, via certified mail posting
to the owner and/or occupant and posting said notice on the property,
to cause the required work to be done and paid for out of the moneys
of the Borough available for that purpose.
b.
The cost of such work shall be certified by the Department or person
having charge thereof to the Department or person having charge of
the collection of assessments in the Borough.
c.
Upon filing the certificate with the Tax Collector, the amount of
the cost of such work shall be and become a first and paramount lien
upon the abutting lands in front of which such work was done to the
same extent that assessments for local improvements are liens in the
Borough under its Charter or the general law and shall be collected
in the manner provided by law for the collection of such other assessments,
including attorneys fees for such collection and shall bear interest
at the same rate.
d.
In addition thereto, the Borough may have an action to recover the
amount against the owner of the lands and collection costs for same
in any court having competent jurisdiction thereof. A certified copy
of the aforesaid certificate shall in such action be prima facie evidence
of the existence of a debt due from the owner to the Borough.
e.
All moneys recovered or paid to the Borough under the provisions
of the last preceding paragraph shall be credited to the account out
of which the cost of such work was paid if collected in the year the
work was performed by the Borough. If paid in a subsequent year, the
monies will be credited to the appropriate revenue account.
[Ord. #09-1256, § 2]
a.
The owner, occupant and/or tenant of premises abutting or bordering
on any street in the Borough shall remove all snow and ice from the
abutting sidewalks of such street or the abutting right-of-way actually
used by the public or, in the event of ice which may be so frozen
as to make removal impractical, shall cause the same to be thoroughly
covered with sand or ashes within 24 hours after the same shall fall
or be formed thereon.
b.
The owner, occupant and/or tenant of premises used by the public
or business invitees shall remove all snow and ice from the sidewalks,
streets, rights-of-way and parking areas used by the public in the
transaction of business thereat and, in the event of ice which may
be so frozen as to make removal impractical, shall cause the same
to be thoroughly covered with sand or ashes, within 24 hours of daylight
after the same shall fall or be formed thereon.
[Ord. #09-1256, § 3]
No owner, tenant or occupant of any premises abutting on any
street shall throw, place or deposit snow or ice into or on any street,
it being the intent and purpose of this provision to prohibit all
persons from throwing, casting, placing or depositing snow and ice
which accumulates within the private property belonging to that person
on the sidewalks or streets of the Borough.
[Ord. #09-1256, § 4]
In case snow or ice shall not be removed from the sidewalks
or shall be cast, deposited or placed on the sidewalks or the street
by the owner, tenant or occupant of any premises in violation of this
section, the same may be removed under the direction of the Director
of Public Works, and the cost of removal, as nearly as can be ascertained,
shall be certified by the Director of Public Works to the Borough
Tax Collector. The Borough Council shall examine the certification
and, if found to be correct, shall cause the cost to be charged against
the real estate abutting or bordering upon such sidewalk. The amount
so charged shall become a lien and a tax in the way and manner as
the taxes next to be levied and assessed upon the premises and shall
bear interest and collection costs therefor and be enforced and collected
by the same officers and in the same manner as other taxes. The imposition
and collection of a fine or any other penalty for violation of any
of the provisions of this section shall not constitute any bar to
the right of the Borough to collect the cost, as certified, for the
removal of snow or ice in the manner herein authorized.
[Ord. #09-1256, § 5]
A violation of this section, shall be punishable as provided in Chapter 1, General Provisions, Section 1-5 et seq. Every day that a violation occurs after due notice of such violation has been served upon the owner or occupant by the appropriate Borough Official via hand delivery, posting upon the property or certified mail posting shall be deemed a separate offense.
[Ord. No. 2017-1415]
The purpose of this section is to protect property and promote
public health through the control of the growth of invasive plant
species.
[Ord. No. 2017-1415]
As used in this section, the term:
Shall mean all native and non-native vines and vegetation
that grow out of place and are competitive, persistent and pernicious,
including but not necessarily limited to: bamboo (spreading or running
type), ragweed, multi flora rose, and kudzu vines.
[Ord. No. 2017-1415]
All new planting of invasive plant species are strictly prohibited.
[Ord. No. 2017-1415]
All pre-existing invasive plant species are highly recommended
to be removed, but if not removed, shall be subject to containment
through the use of appropriate barriers or other methods to prevent
growth beyond the boundaries of the property upon which such species
were previously planted. The failure to control the growth of pre-existing
invasive plant species beyond the boundaries of the property upon
which they were originally planted, or areas in which such invasive
plants exist on the effective date of this section, may constitute
a violation of this section if such growth enters other properties
or presents a public health hazard to a greater extent than currently
exists.
[Ord. No. 2017-1415]
All places or premises in the Borough of Tinton Falls shall
be subject to inspection by any duly appointed enforcing officer upon
a reasonable belief that any subsection of this section is being violated.
[Ord. No. 2017-1415]
a.
Whenever any invasive plant found on any plot of land, lot, premises
or place within the Borough of Tinton Falls is found to violate any
subsection of this section, a written notice of violation shall be
issued to the property owner to remove or abate the growth of the
invasive plant(s) as specified in said notice within 30 calendar days.
Such removal or abatement shall be at the property owner's sole
cost and expense.
b.
Within 15 calendar days of the receipt of a notice of violation under
this section, an administrative appeal or request for up to a 60 calendar
day maximum removal or abatement period extension may be made, in
writing, to the enforcing officer, which shall have sole discretion
to make a determination on the same based on the particular facts
and circumstances presented. If no determination is received in return
from the enforcing officer within seven calendar days of receipt of
the appeal or request, it shall be deemed to have been automatically
denied.
c.
If a property owner fails to comply with a notice of violation within the specified time, it shall constitute a violation subject to a penalty under subsection 12-6.7 of this section. Further, if the Borough of Tinton Falls is compelled to remove or abate any invasive plant growth unaddressed beyond the removal or abatement period under a duly issued notice of violation, it shall reserve the right to place a lien on the property to recover the actual cost of removing or abating the growth of the invasive plant species regardless of whether any penalties have been or may be imposed against the property owner.
[Ord. No. 2017-1415]
All violations and penalties of the provisions of this section shall be addressed pursuant to Section 1-5 of the Revised General Ordinances of the Borough.
