Editor's Note: See also the Revised General Ordinances
of the Board of Health of the Borough of Roselle Park for additional
regulations.
[1980 Code § 165-1; Ord. No. 2514-2018]
Chapters 1, 2, 3, 4 and 8, as hereinafter modified and supplemented, of the 2015 International Property Maintenance Code and its successor documents, as published by the International Code Council (ICC), are hereby adopted and established as the Property Maintenance Code of the Borough of Roselle Park. Copies of the Code shall be made available to any member of the public upon request submitted to the Borough Clerk.
[1980 Code § 165-2]
Nothing contained herein shall be construed to affect any suit
or proceeding now pending in any court or before any administrative
body or any right, liability or cause of action acquired or existing
under any prior law.
[1980 Code § 165-3]
a.
Section PM-100.1 of this Code is supplemented to include the name
of this jurisdiction, that is, the Borough of Roselle Park.
b.
Section PM-109.2 of this Code is supplemented to include the following
penalties for violations: "a fine of not less than $50 nor more than
$500 or imprisonment for a term not to exceed 30 days, or both, at
the discretion of the court."
c.
Section PM-105.0, Condemnation, consisting of Sections PM-105.1 through
PM-105.2, is hereby deleted in its entirety.
d.
Section PM-106.1 of this Code is supplemented to include the following:
"If there is a similar violation involving the same property at any
time before the expiration of one year from the time that the last
notice of violation has been served, no notice shall be required under
this section prior to action being taken under Sections PM-106.4 and/or
PM-109.0."
[12-9-1985 by Ord. No. 1350]
e.
Section PM-106.3.1 is hereby deleted in its entirety.
f.
Section 106.4 of this Code is hereby amended to read:
PM-106.4 Penalties: Penalties for noncompliance of orders and/or
notices shall be subject to the penalties set forth in Section PM-109.2.
If a similar violation occurs involving the same property within one
(1) year, after an original notice shall be deemed adequate and sufficient,
notice of the similar violation and no additional notice is required
before an action is commenced in Municipal Court.
g.
Section PM-107.0, Placarding, consisting of Sections PM-107.1 through
PM-107.3, is hereby deleted in its entirety.
h.
Section PM-111.0, Demolition, consisting of Sections PM-111.1 through
PM-111.6, is hereby deleted in its entirety.
i.
All references in this Code to "Code Official" shall be deemed to
refer to the Construction Code Official or such appropriate subcode
official as he shall designate.
k.
All references in the Basic Property Maintenance Code to "rat" shall
be deemed to refer to "rodent."
l.
BEDROOM
DINING ROOM
KITCHEN
LIVING ROOM
Section PM-202.0, General Definitions, is amended to add the following
definitions:
A room furnished with a bed and intended primarily for sleeping.
A room (area) used for the taking of meals. A dining room
(area) is not to be used for sleeping purposes.
A room (area) with cooking facilities.
A room in a residence used for the common social activities
of the occupants.
m.
Section PM-405.0, Occupancy Limitations, is hereby amended to read
as follows:
1.
In every dwelling unit other than a rooming unit, every room occupied
or intended to be occupied for sleeping purposes by one occupant shall
have a minimum usable floor area of 70 square feet, and every room
occupied or intended to be occupied for sleeping purposes by more
than one occupant shall have a usable floor area of at least 50 square
feet, for each such occupant; provided, however, that children under
the age of two years shall not be considered to be additional occupancy.
2.
The maximum occupancy of the dwelling unit shall be determined by
using only the square footage of the bedroom (Bed S).
3.
For the purposes of calculating square footage to be used for maximum
occupancy, living rooms, kitchens, bathrooms, hallways and dining
rooms shall not be considered.
4.
For the purposes of establishing the number of occupants residing
in a given apartment, there shall be a rebuttable presumption that
there is one occupant for each bed in the apartment.
[1980 Code § 165-4]
Nothing contained herein shall be construed to permit any use,
structure or activity or any other thing otherwise prohibited by any
ordinance of the Borough of Roselle Park or by any law of this State.
[1980 Code § 165-9; amended 5-5-2022 by Ord. No. 2680]
The owners or tenants of lands lying within this Borough shall
keep all brush, hedges and other plant life from growing within 10
feet of any property line, the interior edge of the sidewalk and/or
within 25 feet of any intersection of two roadways, as shown in Figure
1 below, cut to a height of not more than 12 inches. In the event
that such brush, hedges or other plant life growing within 10 feet
of any property line, the interior edge of the sidewalk and/or and
within 25 feet of any intersection of two roadways shall exceed a
height of 12 inches, the owners or tenants of such land shall cause
the same to be cut within 10 calendar days after receipt of a notice
to cut the same.
 |
[1980 Code § 165-10; amended 5-5-2022 by Ord. No. 2680; 12-15-2022 by Ord. No. 2707]
a.
The owners of property within this Borough shall remove any brush,
weeds, stumps, and/or roots, from said property frontages within 10
calendar days after notice sent via certified mailing to remove the
same.
b.
The owners of property within this Borough shall remove dead and
dying trees, filth, garbage, trash and debris from any portion of
said property within 10 calendar days after notice sent via certified
mailing to remove the same.
[1980 Code § 165-10.1; amended 5-5-2022 by Ord. No. 2680]
a.
All commercial and industrial uses within the Borough of Roselle
Park which front an R-1 Single-Family Residential Zone shall provide
for a landscaped screening buffer area.
b.
The purpose of this subsection is to shield residential units from
the negative impact of commercial and industrial activity and uses
conducted on a site.
c.
The landscaped area shall consist of any of the following materials,
such as closed fencing, evergreens, shrubs, berms, bushes or combinations
thereof to achieve the objective of shielding the subject property
from public view throughout the full coverage of the year.
d.
The landscaped screening buffer area shall be fixed at the established
building setback line of the building located within one hundred (100)
feet of the subject property.
e.
The landscaped screening buffer area shall be solid, continuous and
adequately maintained by the owner of the subject premises.
f.
The owner of the subject property shall be responsible to install
and continuously maintain the landscaped screening buffer area in
accordance with the requirements established herein.
g.
The landscaped screening buffer area shall be subject to the approval
of the Construction Code Official or their designee.
h.
All landscaped screening buffer areas shall be maintained in a clean,
rubbish- and debris-free condition by the property owner.
i.
Each day that a property owner fails to comply with the terms of
this section shall be deemed a separate and distinct violation.
j.
Property owners shall conform to the requirements of this section
within 90 days of enactment.
k.
Property which has obtained site plan approval from the Municipal
Land Use Board shall be exempt from the requirements of this section,
but shall be bound by the requirements of any and all site plan approvals
granted.
[1980 Code § 165-11; amended 5-5-2022 by Ord. No. 2680; 12-15-2022 by Ord. No. 2707]
When any fence or other form of enclosure fronting on any municipal
street, highway, lane, alley or public place is dangerous to the use
of any such street, highway, lane, alley or public place, the owners
of the property upon which the fence or other form of enclosure is
located shall remove the fence or other form of enclosure within ten
(10) calendar days after receipt of notice sent via certified mailing
to remove the same.
[1980 Code §§ 165-112; 165-13; amended 5-5-2022 by Ord. No. 2680; 12-15-2022 by Ord. No. 2707]
a.
Upon a failure of the owners to cut or remove the same within such
period of 10 calendar days after due notice, the Superintendent of
Public Works, in coordination with the Department of Code Enforcement,
shall cause the same to be removed.
b.
The Superintendent of Public Works shall certify the cost of the
work associated with Paragraph a of this subsection (including, but
not limited to: the time, labor, materials, equipment, disposal, outside
consultants, outside contractors, traffic control, coordination with
any utilities, outside agencies and all associated costs) to the Borough
Administrator and/or the Chief Financial Officer. If said cost is
found to be acceptable by the Borough Administrator and/or the Chief
Financial Officer, then an invoice shall be issued by certified mail
to the property owner(s) for full reimbursement to the Borough of
Roselle Park of said cost. The invoice amount shall be paid in full
to the Borough of Roselle Park within 30 calendar days of the certified
mailing. Thirty calendar days after the certified mailing, said amount
shall become charged as a lien upon the property or lands and/or shall
form part of taxes next to be assessed and levied upon such lands.
[1980 Code § 165-14; New; amended 5-5-2022 by Ord. No. 2680; 12-15-2022 by Ord. No. 2707]
a.
Any person failing to cut any such brush, hedges or other plant life
or to remove any such fence or other enclosure or brush, weeds, dead
and dying trees, stumps, roots, filth, garbage, trash and debris when
so ordered by the Superintendent of Public Works and Department of
Code Enforcement shall, upon a conviction, be liable for a penalty.
b.
Any property owner who has been notified and fails to remedy the
removal of any such brush, hedges or other plant life or to remove
any such fence or other enclosure or brush, weeds, dead and dying
trees, stumps, roots, filth, garbage, trash and debris as directed
by the Borough or its representative(s) within 10 calendar days after
notice is so given shall be deemed guilty of violation of this section
and shall be fined not more than $750 for each offense. Every seven
calendar days following the expiration of the initial 10 calendar
days specified after the notice, where the issue remains yet to be
rectified, shall constitute a separate offense for the purpose of
this subsection.
[1980 Code § 89-1]
Any owner or occupant required to make repairs or otherwise improve his property in accordance with the Property Maintenance Code in effect in the Borough or the State Uniform Construction Code (Chapter 16) and unable to comply therewith without having a right of access to his property through or across adjoining premises not owned by him or under his control and having such access refused by the owner, occupant or person having the power to grant such access, or none of such persons being found or located, may make application for issuance of a Certificate of Necessity.
[1980 Code § 89-2]
In order to apply for a Certificate of Necessity, an applicant
shall file an affidavit or certification with the Borough Engineer
setting forth the facts justifying the issuance of a Certificate of
Necessity.
[1980 Code § 89-3]
Upon submission of an application, the Borough Engineer shall
serve written notice upon the applicant and upon the adjoining owner,
occupant and/or person empowered to grant access of a hearing in connection
with the application. This notice shall state the matters to be considered
at the hearing and shall be served either personally or by certified
mail at least ten (10) days prior to the hearing date. If the addresses
of the adjoining owner, occupant and/or person empowered to grant
access is unknown or cannot be ascertained by the Borough Engineer
in the exercise of reasonable diligence, then, and in the event, the
officer may publish a notice of the hearing in a newspaper generally
circulating in the Borough of Roselle Park on two (2) occasions, the
first insertion to be at least thirty (30) days prior to the hearing
date.
[1980 Code § 89-4]
The applicant, at the hearing, shall have the burden of demonstrating
why he should be permitted access to the adjoining premises in order
to comply with the Property Maintenance Code or Uniform Construction
Code. The adjoining property owner, occupant or person empowered to
grant such access shall be provided the opportunity to demonstrate
why access should not be permitted.
[1980 Code § 89-5]
If the Borough Engineer determines that access is necessary
to accomplish or complete repairs or improvements for compliance with
the Property Maintenance Code and/or Uniform Construction Code, then
the official shall issue a Certificate of Necessity granting the applicant
access and ordering the adjoining property owner, occupant and/or
person empowered to grant such access to permit same. The Certificate
of Necessity shall set forth thereon the person or persons to whom
the certificate shall apply, such conditions as shall be deemed necessary
to protect the adjoining property, reasonable time limits during which
the certificate shall operate, precautions to be taken to avoid any
damage to the adjoining property and, where deemed appropriate, that
a bond be procured by and at the expense of the applicant against
any damage to persons or property arising out of such access.
[1980 Code § 89-6]
The amount of the bond, if required, shall be determined by
the Borough Engineer by considering the extent, nature and duration
of the repairs and improvements required, the proximity of the property
to the adjoining property over which access has been sought, and the
potential risk of damage to the adjoining property. If the bond is
required, it shall be filed with the Borough Engineer.
[1980 Code § 89-7]
If the owner, occupant and/or person empowered to grant access
to an adjoining property refuses to comply with the Certificate of
Necessity or interfere with the purposes for which the Certificate
of Necessity was issued, such person shall be deemed to be in violation
of this section and subject to the penalties provided herein. In that
event, the Borough Engineer may apply to the Municipal Court for a
warrant authorizing such access, if the court is satisfied, based
upon an affidavit submitted by the Borough Engineer, setting forth
the pertinent facts thereof.
[1980 Code § 89-8]
The Borough Engineer is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out the purposes
and provisions of this section, including but not limited to the following,
in addition to other powers herein granted:
a.
Administer oaths, affirmations, examine witnesses and receive evidence.
b.
Make and adopt such written rules and regulations as he may deem
necessary and the Mayor and Council approves by resolution for the
proper enforcement of the provisions of this section; provided, however,
that such rules and regulations shall not be in conflict with the
provisions of this section or otherwise alter, amend, add to or supersede
any of the provisions hereof. A certified copy of such rules and regulations
shall be on file in the office of the Borough Engineer and the Borough
Clerk.
[1980 Code § 89-9]
Any person who shall violate any of the provisions of this section
shall, upon conviction, be punishable by a fine of not less than fifty
($50) dollars and not more than one thousand ($1,000) dollars, or
by imprisonment for a period not to exceed ninety (90) days, or both.
[1980 Code § 231-1]
It shall be unlawful for any person to dump or deposit upon
any property any barrels, boxes, cans, bottles, glasses, papers or
containers, broken or otherwise, capable of holding or containing
liquids; or any junk, garbage, rubbish, live or dead vegetation, grass,
leaves, trees, branches, stumps, cast-off building materials, soil,
offals or other unsightly matter.
[1980 Code § 231-2; Ord. No. 2198]
a.
Subject to the provisions of the following Subsection b, it shall be unlawful for any owner, lessee or occupant of any lot or land to dump or deposit or permit to be dumped or deposited thereon, or allow to accumulate thereon and fail to remove within five (5) days after service of notice hereinafter provided for in Subsection 19-4.5 any barrels, boxes, cans, containers or other debris; or any obnoxious growth, filth, garbage, discarded building materials, sewage or trash.
b.
It shall be unlawful for any individual to use Borough-owned litter
baskets and/or containers to dispose of any material (including but
not limited to household garbage, building materials, sewage, toxic
liquids or waste, etc.) other than sidewalk litter. For the sake of
this section, the term "sidewalk litter" shall include candy wrappers;
cigarette wrappers; empty beverage containers (cans, plastic or glass
bottles); used newspapers, etc.
[Amended 8-15-2019 by Ord. No. 2582[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
b, regarding the Special Improvement District, and redesignated former
Subsection c as Subsection b.
[1980 Code § 231-3; Ord. No. 2306; Ord. No. 2417; Ord. No. 2512-2018]
a.
It shall be unlawful for any owner, lessee or occupant of any lot
or land to permit or maintain on such lot or land or the curbline
of any street any growth of weeds, grass or brush to height of six
(6) inches or more.
b.
Enforcement; Serving of Notice; Failure to Comply.
1.
If an above-described condition exists on a property, the Deputy
Property Maintenance Enforcement Official shall issue a notice to
remedy the same. The notice shall be in writing and shall be served
upon a resident owner, lessee or occupant personally or by leaving
the notice at the resident's usual place of abode. Service upon a
nonresident shall be by mail to his or her last known address as shown
by the tax records.
2.
In the event that the owner, lessee or occupant of the subject property
fails to correct the above-described conditions within five (5) days
after service of the notice, the Deputy Property Maintenance Enforcement
Official may request the Borough Department of Public Works or an
outside contractor to perform the necessary work. The Deputy Property
Maintenance Enforcement Official and/or the Department of Public Works
shall cause the cost of such work to be charged against and become
a charge and lien upon the property. The fee schedule for mowing of
residential properties is as follows:
|
Square Footage
|
Cost
|
|---|---|
|
0 to 5,000
|
$150
|
|
5,001 to 7,500
|
$250
|
|
7,501 to 10,000
|
$350
|
|
Above 10,000
|
$450
|
|
Should the actual cost exceed the above captioned schedule,
the actual cost of such work shall be imposed.
|
3.
No additional warning, either in writing or verbally, shall be given
for subsequent violations.
[1980 Code § 231-4; Ord. No. 2417]
It shall be unlawful for any owner, lessee or occupant of any lot to maintain thereon any unguarded excavation or any excavation in which water may become stagnant and continue such condition in excess of ten (10) days after service of the notice hereinafter provided in Subsection 19-4.5.
[1980 Code § 231-5; Ord. No. 2417]
In the event that the owner lessee or occupant of lands fails to remove the substances or conditions prescribed in Subsections 19-4.2, 19-4.3 and 19-4.4 above within ten (10) days after notice to remove or remedy the same, the Board of Health may cause the same to be done. The Superintendent of Public Works and the Board of Health shall cause such cost to be charged against and become a charge and lien upon such real estate. The notice herein provided for shall be in writing and shall be served upon a resident of the Borough of Roselle Park by mailing to his last known address as shown by the tax records. This remedy is additional to the penalties hereinafter provided.
[1980 Code § 231-6; Ord. No. 2417]
It shall be the duty of the Health Officer of the Board of Health
of the Borough of Roselle Park to enforce the provisions of this chapter.
[1980 Code § 231-7; Ord. No. 2198; Ord. No. 2417]
Any person violating any provision of this section shall be
punished by a fine of not less than fifty ($50) dollars or more than
five hundred ($500) dollars for each day in which the violation continues,
constituting separate offenses.
[Ord. No. 2497-2017 § 1]
Whenever a building, of any type or use, shall exhibit conditions
where its means of ingress or egress, including but not limited to
windows and doorways, are breached so as to leave the building itself
open to the effects of adverse weather conditions, wildlife, intruders,
and other undesirable effects, it shall be the responsibility of the
owner of such building to board-up the breached means of ingress or
egress in accordance to the provisions of this section.
[Ord. No. 2497-2017 § 2]
The board-up of buildings qualified by Subsection 19-5.1 of this chapter shall be conducted in a manner which utilizes polycarbonate clear boarding materials. Such materials should be fully transparent so as to allow clear sight into and out of the building. Such materials shall be affixed to the building so as so eliminate the exposure of the internal structure to exterior elements. The use of plywood is expressly prohibited.
[Ord. No. 2497-2017 § 3]
a.
The enforcement of this section shall be the responsibility, and
under the authority, of the Director of Code Enforcement and the Deputy
Code Enforcement Officer on behalf of the Borough of Roselle Park.
b.
This section shall be enforced throughout the Borough in its entirety without exception. The Borough shall not grandfather any buildings that are shown to have exhibited the conditions in Subsection 19-5.1 prior the effective date of this section.[1] Nothing in the forgoing subsection shall be construed
as to authorize a retroactive penalty or fine.
c.
Upon written notice of violation, the Borough shall provide fourteen (14) days in which the owner of a building may legally and without penalty abate conditions referenced in Subsection 19-5.1.
d.
Upon the expiration of the fourteenth (14th) day after the issuance of a written notice of violation a penalty shall be imposed pursuant to the provisions of the General Penalty, § 1-5 of the Code of the Borough of Roselle Park. Such aforementioned penalty shall compound each and every day that such violation shall exist in accordance with, and as permitted in Subsection 1-5.7 of the Code.
[Ord. No. 2499-2017 § 1]
The purpose of this chapter is to create a regulation regarding
registration and maintenance of vacant and abandoned residential properties
in foreclosure.
[Ord. No. 2499-2017 § 2]
a.
CREDITOR – Shall mean a State chartered bank, saving and loan
association or credit union, any person or entity required to be licensed
under the provisions of the "New Jersey Residential Mortgage Act,"
P.L. 2009, c .53 (N.J.S.A. 17:11C-51 et seq.), any foreclosure entity
subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127,
Sec. 17, as amended from time to time) and any entity acting on behalf
of the creditor named in the debt obligation including, but not limited
to, services.
b.
VACANT AND ABANDONED RESIDENTIAL PROPERTY – Shall mean, consistent
with N.J.S.A. 2A:50-73, residential real estate, where a notice of
violation has been issued pursuant to N.J.S.A. 40:48-2.12s(1)(b).
Residential property shall further be deemed vacant and abandoned
where a mortgage property is not occupied by a mortgagor or tenant
and at least two (2) of the following conditions exists:
1.
Overgrown or neglected vegetation;
2.
The accumulation of newspapers, circulars, flyers, or mail on the
property;
3.
Disconnected gas, electric, or water utility to the property;
4.
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
5.
The accumulation of junk, litter, trash, or debris on the property;
6.
The absence of window treatments such as blinds, curtains or shutters;
7.
The absence of furnishings and personal belongings;
8.
Windows or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken, and unrepaired;
9.
Doors to the property that are smashed through, broken-off, unhinged,
or continuously unlocked;
10.
A risk to the health, safety, or welfare of the public, or any adjoining
or adjacent property owners, exists due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
11.
An uncorrected violation of a municipal building, housing, or similar
code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
12.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
13.
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
14.
Any other reasonable indicia of abandonment.
c.
A residential property shall not be considered "vacant and abandoned"
if, on the property:
1.
There is an unoccupied building which is undergoing construction,
renovation or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
2.
There is a building occupied on a seasonal basis, but otherwise secure;
or
3.
There is a building that is secure, but is the subject of a probate
action, action to quiet title, or other ownership dispute.
[Ord. No. 2499-2017 § 3]
a.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Borough of Roselle Park, shall
be immediately responsible for the care, maintenance, security, and
upkeep of the exterior of the property, after the property becomes
vacant and abandoned.
b.
Where a creditor is located out-of-State, the creditor shall be responsible
for appointing an in-State representative or agent to act on the creditor's
behalf for the purpose of satisfying the requirements of N.J.S.A.
2A:50-73(d)(1). Notice of said representative or agent shall be provided
to the Municipal Clerk pursuant to N.J.S.A. 40:48-2.12(b)(3) &
(4) and pursuant to N.J.S.A. 46:10B-51(a)(1).
c.
A creditor filing a summons and complaint in an action to foreclose on a residential property within the Borough of Roselle Park, shall post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for purposes of service of process (if designated pursuant to Subsection b of this subsection), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18" x 24".
[Ord. No. 2499-2017 § 4]
a.
The owner and/or creditor of any vacant property shall provide access
to the Borough of Roselle Park to conduct an exterior and interior
inspection of the building to determine compliance with the Municipal
Code following reasonable notice.
b.
The enforcement officers designated in Subsection 19-6.5 shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Borough of Roselle Park, if the enforcement officers determine that the creditor has violated this section by failing to provide the care, maintenance, security, and upkeep of the exterior of a vacant and abandoned property, or otherwise fail to comply with this section.
c.
Where a creditor is an out-of-State creditor, the notice shall be
issued to the representative or agent that has been identified by
the creditor pursuant to N.J.S.A. 2A:50-73(d)(2) and N.J.S.A. 46:10B-51(a)(1).
d.
The notice referenced in Subsections b and c of this subsection shall require the creditor to correct the violation(s) within thirty (30) days of receipt of the notice, or within ten (10) days of the receipt of the notice if the enforcement officer has deemed the violation presents an imminent threat to public health and safety.
[Ord. No. 2499-2017 § 5]
The duty of administering and enforcing the provisions of this
chapter is conferred upon the Municipal Clerk, Director of Code Enforcement,
Zoning Officer, Deputy Code Enforcement Officer, Board of Health,
or their designees, and any other duly appointed representative of
the Borough of Roselle Park.
[Ord. No. 2499-2017 § 6; Ord. No. 2508-2017]
The creditor of any property defined in Subsection 19-6.2, as defined herein shall, within thirty (30) days after the property becomes vacant and abandoned as defined herein, file a Registration Statement for such property with the Municipal Clerk of the Borough of Roselle Park on such form as may be provided by the Borough for such provisions. Failure to receive notice by the Municipality shall not constitute grounds for failing to register the property. Each registration shall contain the following:
a.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
b.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years of age or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and email (if applicable) of the firm and the actual name(s) of the
firm's individual principal(s) responsible for maintaining the property.
The individual or representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a twenty-four
hour per day, seven day per week basis. The two (2) entities may be
the same or different persons. Both entities shown on the statement
must maintain offices in the State of New Jersey or reside within
the State of New Jersey as applicable.
c.
The registration shall remain valid for one (1) year from the date of registration, except for the initial registration which shall expire December 31st regardless of when it is filed. The owner shall be required to renew the registration annually as long as the building remains a vacant and abandoned property and shall pay a registration or renewal fee in the amount prescribed in Subsection 19-6.7, of this section for each vacant property registered.
d.
The annual renewal shall be completed by January 1 each year.
e.
The owner shall notify the Municipal Clerk within thirty (30) calendar
days of any change in the registration information by filing an amended
registration statement.
f.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
owners of the building.
[Ord. No. 2499-2017 § 7]
The initial registration fee for each building, subject to Subsection 19-6.6 shall be $500 per annum. The fee for the first renewal is $1,500 per annum; the fee for the second renewal is $3,000 per annum; and the fee for any subsequent renewal beyond the second renewal is $5,000 per annum.
The initial registration fee shall apply upon initial registration
of a building qualified by this section, or upon transfer of ownership
to another creditor.
[Ord. No. 2499-2017 § 8]
a.
A creditor subject to this chapter that is found by the Roselle Park
Municipal Court or by any other court of competent jurisdiction, to
be in violation of the requirement to correct, care, maintenance,
secure, or upkeep violation cited in a notice issued pursuant to this
chapter shall be subject to a fine of one thousand five hundred ($1,500)
dollars for each day of the violation. Any violation imposed pursuant
to this subsection shall commence thirty-one (31) days following the
receipt of the notice, except if the violation presents an imminent
risk to public health and safety, in which case any violation shall
commence eleven (11) days following receipt of the notice.
b.
An out-of-State creditor subject to this chapter that is found by
the Municipal Court of the Borough of Roselle Park, or by any court
of competent jurisdiction, to be in violation of the requirement to
appoint an in-State representative or agent pursuant to this chapter
shall be subject to a fine of two thousand five hundred ($2,500) dollars
for each day of the violation. Any fines imposed on a creditor for
the failure to appoint an in-State representative or agent shall commence
on the day after the ten (10) day period set forth in N.J.S.A. 46:10B-51(a)(1)
for providing notice to the Municipal Clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
c.
A creditor subject to this section that is found by the Roselle Park Municipal Court or by any other court of competent jurisdiction, to be in violation of the requirement to register a vacant and abandoned property pursuant to Subsection 19-6.6 of this section shall be subject to a penalty imposed pursuant to the provisions of the General Penalty, § 1-5 of the Code of the Borough of Roselle Park.
[Ord. No. 2499-2017 § 9]
No properties and/or buildings shall be grandfathered.
[Added 7-18-2019 by Ord. No. 2577]
This regulation is adopted to control the planting, growing
and cultivation, and maintenance of bamboo within and/or involving
the Borough of Roselle Park, in order to protect and promote the public
health, safety and welfare through restriction and prohibition of
new plantings of bamboo and the maintenance of existing plantings
of bamboo.
As used in this section:
Any tree-like tropical or semi-tropical fast-growing grass
of the genus Bambusa, having hollow woody-wall stems with ring joints
and edible youth shoots (bamboo shoots), including all types and species
of bamboo.
Any owner of property where bamboo exists.
Bamboo whose rhizomes originate from a culm, bud, or shoot
located on one property and which have grown to encroach upon another
property. Any bamboo found 1) on a property which has no other bamboo
likely to be the source, and 2) whose rhizomes emanate from the direction
of an adjoining property which has bamboo growth that is more mature
than the bamboo that is believed to be a result of encroachment, shall
be presumed an invading plant and the owner of the property on which
the more mature bamboo is located shall be presumed the owner of such
invading plants, even if the rhizomes cannot be entirely traced to
the source plant.
A horizontal underground plant stem capable of producing
the bud, shoot, and root system of a new plant.
An impervious root barrier that is either i) made of sixty-millimeter
to eighty-millimeter-thick polyethylene sheet buried 22 inches to
34 inches deep with a lip of at least two inches above ground, or
ii) a solid reinforced concrete container with no drainage holes,
or iii) another material not subject to rot, rust, cracking under
normal but extended use, and which is impervious to penetration by
bamboo rhizomes.
a.
No person or entity located within the Borough of Roselle Park shall
plant, cultivate, or cause to grow any bamboo on any lot, plot, or
parcel of ground anywhere within the geographical boundaries of the
Borough of Roselle Park, except under the following circumstances:
1.
Where the root system of such bamboo is entirely contained within
an above-ground-level planter, barrel or other vessel of such design,
material, and location as to entirely prevent the spread of growth
of the Bamboo's root system beyond the container in which it is planted,
and located, trimmed and maintained such that no part of the plant
shall cross any property line, structure, utility line, or swimming
pool at any time.
2.
Where planted in the ground within a rhizome barrier and located,
trimmed, and maintained such that no part of the Bamboo shall cross
any property line, structure, utility line, or swimming pool at any
time.
a.
Where bamboo exists prior to the effective date, such bamboo owner
must, within 90 days of the effective date of this section or within
such reasonable additional time as the Office of Code Enforcement
may allow due to weather or other extenuating circumstances, i) place
the bamboo rhizome completely within a rhizome barrier, or ii) remove
such bamboo.
b.
The owner of an invading plant(s) shall be liable for any damages
caused to any property by such bamboo, including, but not limited
to, the costs of removal of any bamboo that grows on the affected
property, provided that such encroachment occurs after the effective
date of this section.
a.
Whenever a complaint is received by the Borough of Roselle Park regarding
the planting, growing, maintenance or encroachment of any bamboo,
or whenever the Borough of Roselle Park, on its own observation and/or
inspection, determines that there have been prohibited plantings of
bamboo, a failure to erect and maintain a proper barrier and to trim
and maintain the bamboo to prevent such bamboo from growing beyond
the permitted boundaries and/or encroachment of bamboo on the property
of another land owner, the Borough of Roselle Park Department of Code
Enforcement shall place the responsible party on notice and the following
actions shall occur:
1.
The notice shall specify the nature of the violation(s).
2.
The notice shall state that the violation(s) must be abated and comply
with this section within 60 calendar days from the date the notice
was received or returned mailing.
3.
The notice shall state specifically what must be done by the responsible
party to cure the violation(s).
b.
If the responsible party shall fail to mitigate the violation within
the time specified in the notice, a complaint alleging the violation
shall be filed with the Borough of Roselle Park Municipal Court initiated
by Code Enforcement.
a.
Any person or entity determined by the Borough of Roselle Park Municipal Court to have violated this section shall be subject to a fine, imprisonment, and/or community service as provided in § 1-5, General Penalty. Each day of a continued violation shall constitute a separate offense.
b.
Nothing herein shall be interpreted as limiting the rights of a private
property owner to seek relief through a Court of proper jurisdiction,
nor the institution of civil proceedings against proper parties, including
such actions arising out of bamboo that has spread to adjacent or
nearby properties either before or after this section is adopted.
[Added 3-19-2020 by Ord. No. 2613]
The purpose of this section shall be to create regulation regarding
the registration and maintenance of vacant and/or abandoned nonresidential
properties.
The following terms and definitions shall be established and
in effect for this section:
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec. 17
as amended by P.L. 2009, c. 296), or any other entity determined by
the Borough of Roselle Park to have authority to act with respect
to the property.
Any area within a building or structure that may be individually
leased or rented for any purposes other than residential use which
is not occupied or at which all lawful business or construction operations
or other occupancy have substantially ceased for a period of six months.
The owner of any vacant storefront as defined herein shall,
within 30 calendar days after the building becomes a vacant or within
30 calendar days after assuming ownership of the vacant storefront,
whichever is later, or within 10 calendar days of receipt of notice
by the municipality, file a registration statement for such vacant
storefront with the Municipal Clerk on such forms as provided by the
Borough for such purposes. Failure to receive notice by the municipality
shall not constitute grounds for failing to register the storefront.
a.
Each storefront having a separate and distinct mailing address as
designated in official records of the municipality shall be registered
separately.
b.
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 21
years of age or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and e-mail (if applicable) of the firm and the actual name(s) of the
firm's individual principal(s) responsible for maintaining the property.
The individual or representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. The two entities may be the same or different
persons. Both entities shown on the statement must maintain offices
in the State of New Jersey or reside within the State of New Jersey
as applicable.
c.
The registration shall remain valid for one year from the date of
registration, except for the initial registration which shall expire
December 31 regardless of when it is filed. The owner shall be required
to renew the registration annually as long as the building remains
a vacant and abandoned property and shall pay a registration or renewal
fee in the amount prescribed in this section for each vacant storefront
registered.
d.
The annual renewal shall be completed by January 31 each year.
e.
The owner shall notify the Municipal Clerk within 30 calendar days
of any change in the registration information by filing an amended
registration statement.
f.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
owners of the building.
The owner of any vacant storefront registered under this section
shall provide access to the Borough to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes, upon reasonable notice to the property owner or the designated
agent. Such inspections shall be carried out on weekdays during the
hours of 8:30 a.m. to 4:30 p.m., or such other time as may be mutually
agreed upon between the owner and the Borough.
a.
An owner who meets the requirements of this section with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate himself or herself as agent or as the
individual responsible for maintaining the property.
b.
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant storefront and all process in any
court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered property by service
of the notice or process on the authorized agent. Any owner who has
designated an authorized agent under the provisions of this section
shall be deemed to consent to the continuation of the agent's designation
for the purposes of this section until the owner notifies the Borough
of Roselle Park in writing of a change of authorized agent or until
the owner files a new annual registration statement.
c.
Any owner who fails to register a vacant storefront under the provisions
of this section shall further be deemed to consent to receive, by
posting on the building, in plain view, and by service of notice at
the last known address of the owner of the property on record within
the Borough of Roselle Park by regular and certified mail, any and
all notices of code violations and all process in an administrative
proceeding brought to enforce code provisions concerning the building.
a.
The initial registration fee for each vacant storefront shall be
$500. The fee for the first renewal is $1,500 and the fee for the
second renewal is $3,000. The fee for any subsequent renewal beyond
the second renewal is $5,000. In the event that a property meets the
definition of both a "vacant property" and "vacant storefront," and
it contains the same block and lot number as designated in official
records of the municipality, there shall only be one registration
fee applied.
a.
An owner subject to this section that is found by the Roselle Park
Municipal Court or by any other court of competent jurisdiction, to
be in violation of the requirement to correct, care, maintenance,
secure, or upkeep violation cited in a notice issued pursuant to this
chapter shall be subject to a fine of $1,500 for each day of the violation.
Any violation imposed pursuant to this subsection shall commence 31
days following the receipt of the notice, except if the violation
presents an imminent risk to public health and safety, in which case
any violation shall commence 11 days following receipt of the notice.
b.
The duty of administering and enforcing the provisions of this chapter
is conferred upon the Municipal Clerk, Director of Code Enforcement,
Zoning Officer, Deputy Code Enforcement Officer, or their respective
designees.
a.
No properties and/or buildings shall be grandfathered for the purposes
of enforcement of this section.
[Added 7-16-2020 by Ord. No. 2619]
For the purposes of this section of the Code, the following
terms shall have the meanings as indicated:
All newspaper, shoppers, circulars, leaflets, flyers, and
handbills, commercial and noncommercial, and all similar materials.
The printed matter referred to herein which has not been
ordered, subscribed to or requested by the recipient.
No person shall throw or distribute any printed material in
or upon any sidewalk, street, or other public place within the Borough
of Roselle Park or in or upon any unoccupied motor vehicle.
It shall be unlawful for any person to deliver or deposit, or
for any person, firm or corporation to cause the delivery or deposit
of, any unsolicited printed material to or upon any private premises
within the Borough of Roselle Park, except in accordance with the
following:
a.
Printed matter shall be placed only within a permanently installed
appurtenance to the premises designed and designated for the receipt
of such printed matter, or, if there is none, it shall be placed on
the ground or floor at a point beneath the place where such premises
receives its mail or within a three-foot radius of that point.
b.
Printed matter, which plainly bears upon it an address to which a written notice indicating the recipient's desire to cease future delivery of the particular item of printed matter may be sent, may at all times be delivered to private premises unless delivery is prohibited pursuant to the terms of Subsection 19-9.4.
It shall be a violation of this chapter when unsolicited printed matter is intentionally delivered to a private premises after the owner or tenant of said premises has notified the publisher or the delivery person, or in the case of printed matter referred to in Subsection 19-8.3b of this section, after the owner or tenant of the premises has provided notice, at the address so indicated, that delivery shall cease or be suspended for a stated period of time.
Any person, firm or corporation convicted of a violation of
any provision of this section shall be subject to a fine of not more
than $500. Each delivery shall constitute a violation of the terms
of this section and shall be deemed a separate offense.
[Added 4-6-2023 by Ord. No. 2717]
For the purposes of this Section, the following terms shall
have the meanings indicated:
Major providers of electricity and telecommunications regulated
by the New Jersey Board of Public Utilities; specifically Public Service
Electric & Gas, Comcast, and Verizon.
A vertical structure with one or more cables, wires, lines
or other structures used for the supplying and distribution of electricity
for light or power, or for the furnishing of telephone or other telecommunications
service.
[Added 4-6-2023 by Ord. No. 2717]
Before a Public Utility places, replaces or removes a Utility
Pole located in the Borough of Roselle Park, the Public Utility shall
notify the Borough's Construction Official in writing not less
than 24 hours before undertaking any excavation related to placement,
replacement or removal. In January of each calendar year, the Borough
of Roselle Park, through the Borough Clerk's Office, shall remind
and otherwise notify Public Utilities defined herein of the provisions
of this Section.
[Added 4-6-2023 by Ord. No. 2717]
a.
After completing any excavation involving a Utility Pole, the Public
Utility shall remove from such right-of-way any remaining Utility
Pole no longer in use as well as any other debris created from the
excavation. The Public Utility shall likewise restore the right-of-way
impacted by this placement, replacement or removal. Such restoration
shall return the right-of-way to a state equal to or better than its
previous condition to the greatest extent practicable.
b.
In the case of removal or replacement of a Utility Pole utilized
by two or more Public Utilities, the Public Utility last removing
its cables, wires, lines or other structures shall be liable for the
required removal and restoration unless a written agreement between
the public utilities provides otherwise.
1.
In this case, the Public Utility first removing itself from a Utility
Pole shall notify the Borough's Construction Official of the
identities of the remaining entities with cables, wires, lines or
other structures affixed to the Utility Pole. The Borough's Construction
Official shall thereafter contact such remaining Public Utilities
in writing to inform them that the transfer their structures to the
newer Utility Pole, and the removal of the older Utility Pole is a
requirement of the foregoing Section.
[Added 4-6-2023 by Ord. No. 2717]
a.
In the event a Public Utility does not meet the requirements of subsection 19-10.3 within 60 calendar days of the completion of any excavation involving a Utility Pole, or proper notifications made by the Construction Official in the case of subsection 19-10.3b, said Public Utility will be fined $100 each day until the requirements of subsection 19-10.3 are met.
1.
If the Public Utility is unable to complete restoration due to the
unavailability of necessary restoration materials or other extenuating
circumstances, such justification must be made in-writing to the Borough's
Construction Official for consideration prior to the expiration of
the sixty-day timeframe. The Construction Official shall utilize reasonable
discretion and sound judgement when weighing such justification from
a Public Utility against the need for enforcement. Notification must
be made by the Borough's Construction Official to the Mayor,
Ward Councilperson, and Councilperson-at-Large, of such discretion
so exercised by email or written letter.
[Added 4-6-2023 by Ord. No. 2717]
Under emergency conditions which significantly impact the placement of a Utility Pole resulting from natural forces or human activities beyond the control of the Public Utility, or which pose an imminent or existing threat of loss of electricity, power, telephone, or other telecommunication service, or which pose an imminent or existing threat to the safety and security of persons or property, or both, or which require immediate action by a Public Utility to prevent bodily harm or substantial property damage from occurring, the provisions of subsection 19-10.2 shall not apply when a Public Utility undertakes any construction or excavation related to the placement, replacement or removal of a Utility Pole in response to such an emergency. The Public Utility undertaking such construction or excavation must notify the Borough's Construction Code Official at the earliest reasonable opportunity and that all reasonable efforts are taken by the Public Utility to comply with the removal and restoration requirements of subsection 19-10.3 after responding to the emergency.
