Owners and operators shall have all the duties and responsibilities
as prescribed in this chapter, and no owner or operator shall be relieved
from any such duties and responsibilities nor shall be entitled to
defend against any charge of violation thereof by reason of the fact
that another person or entity is also responsible therefor and in
violation thereof.
Unless expressly provided to the contrary in this chapter, the
respective obligations and responsibilities of the owner or operator
shall not be altered or affected by any agreement or contract.
The exterior and condition of all structures and accessory structures
shall be maintained so that such property and structures shall not
constitute, contain, or harbor a hazard or nuisance so as to provide
for the safety and enjoyment of owners, operators, occupants and other
persons utilizing the property and of pedestrians and the public who
may come into proximity or contact with the property. It shall be
the duty of the owner or operator to keep the property free of hazards
and nuisances and to promptly abate the same if they should develop.
A.
Bird feeding.
(1)
A residential property consisting of two or fewer dwelling units
shall be permitted to have one bird feeder or suet, but not both,
to be located in the rear yard of the property behind the house, no
closer than 12 feet to any property line.
(3)
Bird feeders shall be hung no less than three feet nor more than
eight feet from the ground.
(4)
Bird feeders shall be filled with no more than 10 ounces of bird
feed or bird food at any time, to be placed inside the feeder only.
(5)
A suet is a formulation of animal fat and other ingredients in cake
or brick form. A suet shall be placed in either a mesh bag or wire
cage and suspended close to the trunk of a tree between five and six
feet from the ground.
(6)
No bird seed or any form of bird food shall be thrown or scattered
on the ground of any property. No suet shall be smeared on any tree.
Seed shells or bird food dropped by birds or which otherwise falls
to the ground shall be removed immediately so that no accumulation
results.
B.
Feeding of pigeons.
(1)
Purpose. It has been determined that the presence of large numbers
of pigeons in and around the Borough causes a public health nuisance
which is detrimental to the health and general welfare of the public.
The purpose of this subsection is to prevent such conduct that may
attract such pigeons to properties in the Borough.
(2)
PIGEONS
Definitions: As used in this subsection, the following terms shall
have the meanings indicated:
Shall include any of various related birds with a small head,
short neck, stout bodies with short legs, and sleek plumage and have
a fleshy or waxy protuberance, the cere, at the base of the bill.
(3)
No person shall systematically feed, cause to be fed or provide food
for pigeons in the Borough on lands either publicly or privately owned.
C.
Feeding of stray or wild animals.
(1)
Purpose. It has been determined that attracting stray or wild animals
in and around the Borough causes a public health nuisance which is
detrimental to the health, safety, and general welfare of the public.
The purpose of this subsection is to prevent such conduct that may
attract such animals to properties in the Borough.
(2)
STRAY ANIMALS
WILD ANIMALS
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any dog, cat, or other normally domesticated animal which
is not owned, housed, and registered by a Borough resident with the
Wood-Ridge Board of Health pursuant to the Borough Code.
Any nondomesticated animal, including, but not limited to,
raccoons, skunks, groundhogs, rabbits, opossums, etc.
(3)
No person shall systematically feed, cause to be fed, or provide
food for wild animals in the Borough on lands either publicly or privately
owned.
D.
Any person who violates the terms and provisions of this subsection
shall be subject to the fines and penalties set forth in this chapter.
In order to preserve property values, eliminate safety hazards
and protect adjoining properties and the neighborhood from blighting
influences, the exterior of every structure or accessory structure,
including fences and retaining walls, shall be maintained in good
repair, free of broken glass, loose shingles, peeling paint or crumbling
stone, brick or cement. The grounds shall be maintained to an extent
sufficient to prevent them from becoming a nuisance. No hazards or
nuisances shall exist on any properties within the Borough of Wood-Ridge.
The driveways, walkways, entrances, entrance stairways, and
sidewalks, whether public or private, on or adjoining any property
shall be maintained by the property's owner or operator in a safe
condition, so as to not constitute, contain, or harbor a hazard or
a nuisance to persons on the property or the public right-of-way.
A.
All conditions of approval incorporated in the resolutions or other
acts of the Borough Council or of any duly constituted board or agency
of the Borough of Wood-Ridge shall be adhered to and shall be construed
to be continuing conditions of approval.
B.
Any on-site improvements of every kind or nature, including, without
limitation, sidewalks, curbs, catch basins, storm drains and driveways,
installed pursuant to the requirements of the Borough Council or any
duly constituted board, agency, or official of the Borough of Wood-Ridge,
shall be maintained by the property's owner or operator in good and
serviceable condition at all times.
No persons shall park, stop, or stand any motor vehicle, or
permit or suffer the same to be done, in any area of a property or
yard except on driveways and parking lots designated on a property's
site plan and constructed and installed in compliance with applicable
Borough ordinances. Under no circumstances may vehicles park on dirt,
grass, gravel or any unpaved or unimproved area of a property.
A.
All storefronts and all sides of structures, including windows and
doors, that face a public sidewalk or street or a public or private
walkway, driveway, or parking lot for use by owners, operators, and/or
customers shall be maintained in good repair, proper working order,
and in a condition that is clean, undamaged, and without deterioration.
B.
Store or business windows facing a public sidewalk or street or a
public or private walkway, driveway, or parking lot for use by owners,
operators, and/or customers may not be covered, either partially or
fully, by any fixtures, materials or substances other than by curtains,
blinds, or shades designed for such purpose and capable of being opened,
closed, and/or adjusted and/or by signs, displays, or advertisements
that are in furtherance and support of, and ordinary and customary
to, the business occupying the space. Nothing herein shall be construed
as permitting a sign, display, or advertisement that is not permitted
by the Borough's Zoning Code[1] or that which has not been approved by either the Borough
Zoning Officer or Planning Board.
C.
Owners and/or operators of stores and other businesses shall be responsible
for removing litter, garbage, leaves, weeds, and any other debris
from public sidewalks and rights-of-way adjacent to their property.
Any awning or marquee and its accompanying structural members
which extend over any street, sidewalk or any portion of the property
shall be maintained in good repair, proper working order, and in a
condition that is clean, undamaged, and without deterioration and
shall not constitute a nuisance or a safety hazard. In the event that
such awnings or marquees are not properly maintained in accordance
with the foregoing, they shall, together with their supporting members,
be repaired or removed forthwith. In the event that said awnings or
marquees are made of cloth, plastic or similar materials, said cloth
or plastic, where exposed to public view, shall be maintained in good
condition and shall not show evidence of excessive weathering, ripping,
tearing, holes, or deterioration. Nothing herein shall be construed
to authorize any encroachment on streets, sidewalks or other parts
of the public right-of-way.
All signs, including structural and supporting components thereof,
and all light fixtures, stanchions, and poles shall be maintained
in good repair, proper working order, and in a condition that is clean,
undamaged, and without deterioration.
All parking areas shall be marked with clearly visible parking
lines and necessary directional arrows. Such markings shall be consistent
with any requirements as to parking areas imposed by the Borough Council
or any other duly constituted board, agency, or official of the Borough
of Wood-Ridge.
A.
The owner or operators of property adjoining or bordering on public
streets, avenues, rights-of-way or highways within the limits of the
Borough of Wood-Ridge shall remove or cause to be removed all snow
and ice from the sidewalks and driveway aprons adjacent to such property
within 12 hours of daylight after the same shall have formed or fallen
thereon.
B.
No person shall place, sweep, shovel, push, plow or throw, hereinafter
"placed," snow or ice into or upon any public street, sidewalk, or
property, or any private property belonging to another, nor shall
any person direct, permit or suffer another to so do any of the foregoing
from any property owned, occupied, used or leased by such person.
Snow or ice may be placed in the public right-of-way located between
a public sidewalk and a public street, except for any portion containing
an ADA depressed curb ramp and/or located adjacent to a pedestrian
crosswalk.
C.
Any person who violates the terms and provisions of this section
shall be subject to the fines and penalties set forth in this chapter.
D.
If the owners or operators of any such property shall refuse or neglect
to remove all ice and snow from the sidewalks and driveway aprons
adjacent such property as required by this section, it shall be the
duty of the Property Maintenance Code Enforcement Officer and/or the
Superintendent of Public Works to cause such work to be done.
E.
The Property Maintenance Code Enforcement Officer and/or the Superintendent
of Public Works shall certify the cost of the removal of such ice
and snow to the Borough Administrator. After verification by the Administrator,
the cost shall be charged against the property adjoining or bordering
said sidewalk, and the amount so charged shall become a lien upon
the property and its owner. Said amount shall be added to and become
a part of the taxes next to be assessed and levied upon such property,
and the same shall bear interest at the same rate as taxes.
F.
The Mayor and Borough Council shall adopt a resolution directing
that the cost shall be charged against such property and shall cause
a certified copy of such resolution to be delivered to the Tax Collector,
who shall collect such taxes at the time of collection of the taxes
next to be assessed and levied upon such property.
No person shall dump, place or throw, or permit to be dumped,
placed or thrown, any garbage, for the purpose of discarding the same,
upon any public street or sidewalk or any public or private property.
Nothing herein contained shall be construed to prevent or prohibit,
in case of snow or ice accumulation upon a public street or sidewalk,
the temporary deposit or spreading of clean rock salt, calcium chloride,
or similarly purposed material or chemical upon any street, sidewalk
or property to enable the safe use of the same.
Every structure and accessory structure and every part thereof
shall be kept structurally sound and in a state of good repair to
avoid safety or health hazards. All surfaces shall be maintained free
of broken glass or holes open to light and air, loose or missing shingles,
loose or missing siding, peeling paint, crumbling stone, brick or
cement or other conditions reflective of deterioration or inadequate
maintenance to the end that property itself may be preserved, safety
hazards eliminated and adjoining properties and the neighborhood protected
from blighting influences.
A.
A structure's exterior walls, sidings, chimneys, roofs, windows,
and doors shall be kept structurally sound, in good repair and free
from defects.
B.
All exposed surfaces susceptible to decay shall be provided with
a protective coating sufficient to prevent deterioration.
C.
The exterior walls, roofs, windows, window frames, doors, door frames,
foundations and other portions of every building and structure shall
be so maintained as to prevent infiltration and/or deterioration from
water and weather. Damaged materials must be repaired or replaced
promptly. Structures showing signs of rot, leakage, deterioration
or corrosion are to be restored and protected against weathering or
seepage.
D.
All exterior structures and fixtures such as retaining walls, walkways,
driveways, fences, gates, patios, and decks shall be kept structurally
sound, in good repair and free from defects.
All vacant buildings and structures shall be thoroughly secured
so as to prevent unauthorized access, trespassing, and/or vandalism.
When a window or door breaks, it may be boarded over temporarily with
plywood or lumber until replacement doors or windows can be installed,
which shall be for a period not longer than 30 days. When doors and
windows are boarded over for this purpose, the construction and placement
of the plywood or lumber shall be done in a neat and workmanlike manner,
shall be painted the same color as the surrounding material, and shall
not be permitted to deteriorate so as not to constitute a blighting
influence on adjoining and neighboring properties and the community
at large.
A.
All vacant lots shall be maintained to be free of hazards and nuisances.
Parking or storage of any vehicles or materials shall not be permitted
on vacant lots unless otherwise permitted by the Borough Construction
Code Official pursuant to an approved building permit.
B.
In the case of vacant lots that have lot areas and/or lot dimensions
which, under the Borough Zoning Code, are less than the minimum required
on which to build a structure, the installation of any improvements,
including, but not limited to, structures, accessory structures, fences,
walls, sidewalks, driveways, driveway aprons, driveway curb cut-outs,
and utilities, etc., shall not be permitted without first obtaining
a site plan approval and/or use variance from the Borough Planning
Board.
There shall be no encroachment on streets, sidewalks or other
parts of the public right-of-way by the placement, display, or storage
of items for sale, rental or use, or by the placement of signs, displays,
or advertisements of any kind, or by the planting or overgrowth of
plants, shrubs, flowers, or weeds. This section shall not be construed
as prohibiting the placement of fixtures or displays by businesses
operating pursuant to their approved site plan and/or certificate
of occupancy or the provisions of the Borough's outdoor dining ordinance.[1]
There shall be adherence to the sight triangle requirements as defined in Chapter 335, Land Subdivision and Site Plan Review.
Parking lots, in every zone and for every purpose, shall at
all times be maintained with the following conditions and characteristics:
A.
Conforming to an approved site plan;
B.
Providing for the safety and security of people using said parking
lots;
C.
Promoting positive aesthetics to neighboring properties and the surrounding
area;
D.
Preventing deterioration, disturbance, degradation, hazards, nuisances,
or other negative impacts to affect or occur on neighboring properties
and to affect or be experienced by the people occupying neighboring
properties;
E.
Contain a sign listing any parking and/or occupancy rules, restrictions
and/or time limits;
F.
The surface shall be paved in a level and uniform manner, free of
cracks, potholes, ruts and vegetative growth penetrating it;
G.
Parking spaces, exits, entrances, and traffic patterns shall be delineated
with painted lines and symbols on the ground that are clearly visible,
not excessively faded, and free of graffiti;
H.
Any and all signs shall be properly installed and maintained so that
they are secure, straight, clearly visible, not excessively faded,
and free of graffiti;
I.
Concrete wheel stops shall be in good condition, in a solid, unbroken
state and permanently anchored to the ground;
J.
Free of litter, garbage, and/or graffiti;
K.
Contain a covered public garbage can that is regularly emptied so
as to not overflow;
L.
Any and all storage of garbage and recycling shall be stored in covered
containers, shielded by a fenced enclosure and shall be emptied not
less than twice per week;
M.
Solid fences shall be installed and properly maintained to provide
a buffer between adjoining properties;
N.
Landscaping, such as shrubs, bushes and/or trees, shall be installed
and properly maintained to provide a buffer between adjoining properties;
O.
Any and all fences shall be properly installed and maintained so
that they are secure, straight, clean, undamaged, and free of graffiti;
P.
Any and all landscaping shall be properly maintained and fallen leaves
and/or branches shall be removed not less than once per week;
Q.
Any and all lighting shall be properly maintained, in good working
order, and shall not spill or shine onto adjoining properties; and
R.
Snow and ice shall be removed promptly.
