This article shall be known as the "Property Maintenance Code of the Borough of Barrington" and may be referred to in this article as the "Property Maintenance Code."
[Adopted 10-9-1990 by Ord. No. 555 (Ch. 95, Art. I, of the 1982 Code)]
The purpose of this article is to protect the public health, safety and welfare by establishing minimum standards governing maintenance, appearance, condition and occupancy of residential and nonresidential premises; to avoid, prevent and eliminate the maintenance or creation of hazards to the public; to prevent the creation, continuation, extension or aggravation of blight; to prevent and eliminate physical conditions in or on property which constitute nuisances and are potentially dangerous or hazardous to the life, health or safety of persons on or near the premises where such conditions exist; to establish minimum standards governing the maintenance and condition of land, buildings, structures and premises in the Borough; to fix responsibility and duties upon owners, lessees, operators and occupants of property; and to provide enforcement administration and fix penalties.
The following terms, wherever used herein, shall have the respective meanings assigned them hereunder unless a different meaning clearly appears from the context:
A building or use that is on the same lot as, subordinate to, under the same ownership or control as and used for the purpose customarily incident to the use of the main structure.
Any premises or any part of any premises which may be lawfully viewed by the public or any member thereof.
Those portions of a building which are exposed to public view or are visible from adjoining or adjacent lots and the open space of any premises outside of any building erected thereon.
The control and elimination of insects, rodents and vermin.
That space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the "front yard" shall be measured along a line perpendicular to the front street line from the furthest point of the foundation of the structure or building furthest from such street line.
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce.
The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
Any vehicle, including but not limited to automobiles, boats, truck trailers, house trailers, campers or motorcycles, which is without a currently valid license plate or plates and is in a rusted, wrecked, discarded, dismantled, inoperative or abandoned condition. A "junk vehicle" shall be classified as to its condition in one of the two following categories:
RESTORABLEA junked vehicle that is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding the estimated value when repaired.
WRECKA junked vehicle in such condition that it is economically unsound to restore the same to operating condition, considering the repairs to be made, age of the vehicle and market value of the vehicle, if it were restored, or in such condition that the Code Enforcement Officer, exercising reasonable discretion, determines that it warrants "wreck" classification.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Borough.
Any physical condition existing in or on the exterior of any premises, which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of the premises where such condition exists.
[Amended 2-8-2005 by Ord. No. 809]
Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures.
Any premises which are manifestly capable of being a fire hazard or are manifestly unsafe or unsecure as to endanger life, limb or property.
Any premises which are unsanitary or which are littered with rubbish or garbage or which have an uncontrolled growth of grass, weeds, shrubs, trees, or other vegetation injurious to the health and safety of persons at, adjacent to, adjoining or passing by the premises. Grass, weeds and other vegetative growth cannot exceed five inches when measured from the ground to the top of the growth.
[Amended 2-8-2005 by Ord. No. 809]
Any structure or building that is in a state of dilapidation, deterioration or decay, of faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter or in danger of collapse or failure and is dangerous to anyone on or near the premises.[1]
Any person residing, living or sleeping in or on the premises or having actual possession or use of the premises or any part thereof, whether or not the owner thereof and regardless of the duration of time of such possession or use.
Any person, persons or entity who is not the owner, who has charge, care and control of a premises or part thereof, with or without the knowledge, consent or authority of the owner. Operator shall also include a creditor, as defined in P.L. 2014, c. 5,[2] that has served a notice of intention to foreclose on a mortgage on a residential property pursuant to P.L. 1995, c. 244,[3] and that property has become vacant after the filing of this intention to foreclose.
[Amended 7-8-2014 by Ord. No. 1022]
Any person who, alone or jointly or severally with others, has legal or equitable title to any premises, with or without accompanying actual possession thereof or shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as fiduciary, including executors, administrators, trustees, receivers, guardians or mortgagees in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lease of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this article and shall have the responsibility over the portion of the premises so sublet, leased or assigned.
A lot, plot or parcel of land, including the buildings or structures thereon.
All putrescible and nonputrescible solid wastes, including but not limited to abandoned automobiles and parts thereof, abandoned machinery and parts thereof, ashes, dead animals, debris, junk, scrap lumber, solid market and industrial wastes, street cleanings, paper goods and products, wrappings, cans, bottles, containers, glass, crockery, mineral matter, plastic, rubber, leather furniture, household goods, appliances, bedding, construction material, garden or farming implements and supplies, tires and solid or liquid commercial and industrial wastes.
Anything that is built or constructed and affixed on or under the ground or upon another structure or building.
Every residential and nonresidential building, structure, lot and the premises or part of the premises on which they are situated in the Borough of Barrington previously or presently used or intended to be used for dwelling, public, professional or industrial occupancy, commercial, research, recreational, service, transportation, institutional, religious or charitable use or uses accessory thereto shall comply with the provisions of this article, whether or not any such building or structure shall have been constructed, altered or repaired before or after the enactment of this article and irrespective of any permits or licenses which may have been issued for the use or occupancy of such building or for the installation or repair of equipment or facilities prior to the effective date of this article. Vacant lots, lands and premises are also required to comply with the provisions of this article; provided, however, that the provisions of this article are not intended to interfere with the otherwise lawful and permitted operation (pursuant to state law or Borough ordinance) of a business in the zoning district or those which, by virtue of application of the New Jersey Land Use Act, N.J.S.A. 40:55D-1 et seq., may continue.
[Added 1-25-2007 by Ord. No. 870; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Certificate of occupancy; property maintenance; compliance required. A certificate of occupancy is required in the Borough of Barrington every time a residential or residential rental unit changes owners, users, or occupants. A certificate of occupancy shall be issued by the Construction Official of the Borough of Barrington prior to occupancy by a new owner on resale, new rental user, or occupancy. A certificate of occupancy shall not be issued until an inspection has been requested and completed by the Borough of Barrington Construction Department, and a "pass" inspection has been issued by and filed with the Borough Construction Department of the Borough of Barrington. The purpose of this inspection for a certificate of occupancy is to ensure that the property is habitable, and/or meets the minimum standards for structural and safety requirements under the codes of the Borough of Barrington and the codes and laws of the State of New Jersey.
B.
Residential resales. All residential buildings and/or structures shall be inspected and a certificate of occupancy shall be issued prior to the resale of any residential building and/or structure in the Borough of Barrington.
C.
Residential rentals. All residential rentals, single-unit dwelling, or two- or three-unit dwelling, or multidwelling unit (four or more) shall be registered and inspected and a certificate of occupancy shall be issued prior to any re-renting or new occupancy. The owner/landlord of a single-unit dwelling, or a two- to three-unit dwelling, shall be registered with the Construction Department of the Borough of Barrington. For multidwelling units (four of more), the owner/landlord shall register with the Construction Department and file a copy of the certificate of registration with the New Jersey Bureau of Housing Inspection with the Clerk of the Borough of Barrington. No person, group of persons, association, partnership, business, or corporation thereof who owns, manages, conducts or operates a residential rental unit or units shall rent, lease, let or sublet or permit the same to be occupied or re-rented by another without first securing from the Borough of Barrington Construction Office a certificate of occupancy for said residential rental unit.
[Added 1-25-2007 by Ord. No. 870; amended 7-14-2009 by Ord. No. 937; 2-9-2021 by Ord. No. 1132; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No certificate of occupancy shall be issued by the Construction Department until a "pass" inspection has been received. An application for inspection shall be provided by the Construction Department. The application shall be completed and filed by the owner, landlord, or landlord management, and the required fee paid prior to an inspection being scheduled. A copy of the list of items to be inspected shall be provided to the applicant as part of the application form. In conducting the inspection, the Construction Department will use the International Property Maintenance Code 2006 and as it may be amended from time to time.
A.
The inspection shall be completed within 14 days following the date that a complete application is filed with the appropriate fees paid to the Construction Department. No certificate of occupancy shall be issued unless the condition of the unit complies with the International Property Maintenance Code 2006, or as may be amended from time to time. The certificate of occupancy shall be signed by the Construction Official after a "pass" inspection by a qualified inspector carrying the necessary and appropriate New Jersey Department of Community Affairs credentials who is an employee of the Borough of Barrington.
In any case where the provisions of this article impose a higher standard than those set forth in any other chapter or regulation of the Borough of Barrington or under the laws or regulations of the State of New Jersey or its agencies, then the standards as set forth herein shall prevail, but if the provisions of this article impose a lower standard than any other ordinance or regulation of the Borough of Barrington or of the laws and regulations of the State of New Jersey or any of its agencies, then the higher standard contained in such other ordinance, regulation or law shall prevail, with the exception of Chapter 336, which, to the extent of inconsistency only, is hereby repealed to such extent.
No certification of compliance with this article shall constitute a defense against any violation of any other ordinance of the Borough of Barrington applicable to any structure or premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Owners, operators and occupants shall have all the duties and responsibilities as prescribed in this article, and an owner, operator or occupant shall not be relieved of any such duty, obligation or responsibility hereunder and shall not be entitled to assert as a defense against any charge made against them for a violation of this article the fact that another owner, operator or occupant or any third person or entity is also responsible and in violation thereof.
It shall be the duty and responsibility of the owner, operator or occupant of the premises to comply with any or all of the requirements and standards hereof to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent and/or abate such conditions and violations.
Any alterations to buildings, structures or appurtenances thereto or changes of use therein which may be caused directly or indirectly by the enforcement of this article shall be done in accordance with all applicable sections and regulations of the Building Code of the Borough of Barrington.[1]
Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of Chapter 360, Zoning, or other ordinances regulating the use of land in the Borough of Barrington.
The conditions for maintenance of the exterior property shall be the minimum conditions, and no person or entity shall occupy as an owner or occupant or let to another for occupancy or use premises which do not comply with the following:
A.
Premises shall be kept in good general repair and sufficiently maintained to an extent so as to prevent and avoid conditions that violate the purpose of this article as defined herein.
B.
Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition, as provided herein, so as not to cause a blighting problem or adversely affect the public health and safety.
C.
All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of garbage, refuse or rubbish.
D.
Operators and occupants of every commercial and industrial establishment shall provide and at all times cause to be used leakproof containers with close-fitting covers for the storage of garbage, refuse or rubbish.
E.
Directional and parking bay stripes shall be readable and control guardrails and fencing replaced when broken or severely damaged.
F.
Extermination of the exterior of a structure or property shall be undertaken whenever infestation exists in the shared or public part of the premises, whether infestation is exterior or interior.
G.
All sidewalks, steps, driveways, parking lots and similar paved areas used by the public must be kept in good general repair. Any potholes or broken or deteriorated areas must be repaired. All sidewalks shall be kept free of accumulated snow and ice.
[Amended 2-8-2005 by Ord. No. 809]
H.
All areas shall be kept free from grass, weeds, or plant growth which is noxious, dangerous or detrimental to public health and safety or which may be unsightly or unattractive.
[Amended 2-8-2005 by Ord. No. 809]
I.
All accessory structures, including detached garages, storage sheds, fences and walls, shall be maintained in good repair.
J.
The exterior of all premises shall be kept free of the following materials and conditions:
(1)
Abandoned, uncovered or structurally unsound wells, shafts, towers, cellar openings, basement hatchways, foundations or excavations.
(2)
Animal excrement.
(3)
Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, sharp or jagged projections or obstructions.
(4)
Nuisances as described herein.
(5)
Restorable vehicles, as described herein, shall not be stored in the front yard or in the side yard. Wrecks in commercial zones shall not be exposed to public view. Wrecks in residential zones shall not be permitted. Any vehicles, including but not limited to automobiles, boats, tractor trailers, house trailers, campers or motorcycles, must have a valid license plate and registration to be allowed to be stored in residential zones.
[Amended 2-8-2005 by Ord. No. 809]
(6)
Dangerously loose and overhanging objects, including but not limited to dead trees or tree limbs, accumulations of ice or any object, natural or man-made, which could threaten the health and safety of persons if caused to fall or other similar dangerously loose and overhanging objects which, by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof.
(7)
Missing, loose, dangerous, crumbling, broken, rotten or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, cupolas, fire escapes, signs and loose, crumbling or falling bricks, stones, mortar or plaster.
(8)
Broken glass or windows, rotted, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other major exterior components, parts of buildings or structures.
A.
The provisions of this article shall be enforced by the Environmental Compliance Officer, the Fire Marshal, members of the Board of Health and the Construction Official (enforcement officer) with the assistance of the Police Department and any other Borough official as designated by Borough Council.
[Amended 9-13-1994 by Ord. No. 641; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Whenever a Borough official charged with enforcement of this article determines that there is or has been a violation of any provision of this article, he or she shall give notice of such violation to the person, persons or entities listed as owners of the subject property on the records of the Borough Tax Assessor in accordance with Subsection C below. The notice shall direct that the violation be removed, abated, cured, prevented or desisted within five days of the date of service of the notice, exclusive of the date of service, or summons issued for such violation. The enforcement officer may extend the time for compliance with the notice for up to 30 additional days, provided that, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the five-day period. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the specified period as set forth in the notice, a summons may then be issued by the enforcement officer against the person, persons, entity or entities so notified.
[Amended 9-13-1994 by Ord. No. 641; 2-8-2005 by Ord. No. 809; 7-8-2014 by Ord. No. 1022; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Service of notice.
(1)
In the event of a violation of this article, notice of said violation shall be served upon the property owner of the subject property as determined from the records of the Borough Tax Assessor, either personally or by mail. In the event of service by mail, it shall be made by registered or certified and by regular mail. Service by mail shall be considered valid unless all of the mailings are returned by the post office. If all of the mailings are returned undeliverable, service shall be accomplished by posting the notice at the subject property.
(2)
Personal service of the notice is valid upon personal service of the violation notice upon a member of the family of the subject property owner over 14 years of age, residing in the same dwelling as the owner.
[Amended 9-13-1994 by Ord. No. 641]
(3)
Notice; alternate service. In the event that personal service cannot be made, or in the event that service by certified mail is not accepted, service shall be accomplished by posting said notice in a conspicuous place on the premises, or by electronic mail to an email address provided by the property owner, operator or occupant, with a read receipt request provided.
[Added 7-8-2014 by Ord. No. 1022]
(4)
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if a residential property becomes vacant at any point subsequent to the operator's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the operator or any other third party, and the property is found to be a nuisance and/or in violation of any of the provisions of this article, the Code Enforcement Officer shall notify the operator, which shall have the responsibility to abate the nuisance and/or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or this article. The Borough shall include a description of the conditions that gave rise to the violation with the notice of violation, and shall provide a period of not less than 30 days from the operator's receipt of the notice for the operator to remedy the violation. If the operator fails to remedy the violation within that time period, the Borough may impose penalties allowed for such violations pursuant to § 258-17 of this article.
[Added 7-8-2014 by Ord. No. 1022][1]
D.
Emergency situations. Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement officer may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the enforcement officer shall abate the condition immediately.
[Amended 9-13-1994 by Ord. No. 641]
In the event that the owner of the subject property does not abate the violation within the time set by the enforcement officer pursuant to § 258-14B of this article, in addition to any other penalty, the enforcement officer shall immediately notify the Superintendent of Public Works and direct him or her to abate the violation. Upon completion of the work, the Superintendent of Public Works shall present to the Mayor and Council a report of the work and all costs associated therewith, along with a summary of the proceedings undertaken by the enforcement officer to secure compliance, including notices served upon the owner of the subject property. The Mayor and Council may thereupon, by resolution, approve the amount of costs expended in the abatement of the violation, whereupon the same shall become a lien against the subject property, collectible as provided by law. A copy of the resolution approving the amount of costs shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for collection of the costs, and a copy of the resolution shall be mailed to the owner of the subject property by certified mail.
[Added 7-8-2014 by Ord. No. 1022]
Where the owner, operator and/or occupier refuses and/or neglects to correct the violation(s) within five days after receipt of notice as referenced in this article, and the Borough is required to take corrective measures as referenced in § 258-15 of this article, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property for a period of 120 days from the expiration of five days following service and/or posting of notice as provided in § 258-14C of this article.
A.
Where any owner, operator or occupant fails to comply with an order issued pursuant to this article, the owner shall be deemed in violation of this article and shall be subject to the penalties provided herein. It shall be the duty of the enforcement officer to cause a summons to be issued from the Municipal Court for such violation, but nothing contained herein shall limit the power of the enforcement officer to take such further action under the criminal and civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate any nuisance.
B.
Any owner, operator or occupant who or which shall violate any of the provisions of this article shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in § 1-1 of the Code of the Borough of Barrington, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made, but in no event shall the fine be less than $100. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this article.
[Amended 7-8-2014 by Ord. No. 1022; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Where abatement of any nuisance, as defined herein, was accomplished and premises brought into compliance with this article through the expenditures of Borough funds, such costs shall be assessed against the premises cited as a lien in the same manner as real estate taxes.
Upon issuance of a notice of violation pursuant to this article, the property owner, operator or occupant shall correct the condition and notify the enforcement officer that said condition has been corrected. A compliance inspection shall then be made. Should full compliance not be achieved at the time of said inspection, the Borough shall be reimbursed by the property owner for the cost of all reinspections. Failure to reimburse the Borough shall result in a lien for said cost being placed against the property in the same manner as real estate taxes.
There shall be no fee for an initial compliance inspection made following the issuance of a notice of violation required pursuant to this article. Fees for subsequent inspections to determine compliance shall be $25 for the first inspection and shall increase in increments of $25 for subsequent inspections.