[Ord. No. 17-80, S1]
This chapter shall be known and may be cited as "The Property
Maintenance Code of the Borough of Cliffside Park" and is referred
to herein as "this code."
[Ord. No. 17-80, S2]
The purpose of this code is to protect the public health, safety
and welfare and to preserve property values by establishing minimum
standards governing the maintenance, appearance and condition of premises.
This code is hereby declared to be remedial in promoting the public
interest and is to be liberally construed to effectuate the purpose
as stated herein.
[Ord. No. 17-80, S3]
All buildings and the premises on which they are situated in the borough, used or intended to be used for residential, commercial, business or industrial occupancy, shall comply with the provisions of this code, whether or not such building shall have been constructed altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building, or for the installation or repair of equipment or facilities prior to the effective date of this code. This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building, equipment, or facilities contained therein, except as provided in section 22-5 of this code.
[Ord. No. 17-80, S4]
In any case where the provisions of this code impose a higher
standard than set forth in any other ordinances of the borough or
under the laws of the State of New Jersey, then the standards as set
forth herein shall prevail. If, however, the provisions of this code
impose a lower standard than any other ordinances of the borough or
under the laws of the State of New Jersey, then the higher standard
contained in any such other ordinance or law shall prevail.
[Ord. No. 17-80, S4]
After the date of enactment hereof, all licenses and permits
shall be issued upon compliance with this code as well as compliance
with the ordinances under which such licenses and permits are granted.
[Ord. No. 17-80, S5]
Owners and operators shall have all the responsibilities as
prescribed in this code and the regulations promulgated pursuant thereto,
and no owner or operator shall be relieved from any such duty and
responsibility nor be entitled to defend against any charge or violation
thereof by reason of the fact that the occupant is also responsible
therefor and in violation thereof.
Occupants shall have all the duties and responsibilities as prescribed in section 22-8 and all the regulations promulgated thereto and the occupants shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
[Ord. No. 17-80, S6; Ord. No. 2010-03]
The exterior of the premises shall be kept free of litter and
all nuisances and hazards to the safety of tenants, occupants, pedestrians
and other persons having access to the premises, and free of unsanitary
conditions; and any of the foregoing shall be promptly removed and
abated. The word "hazards" shall include but is not limited to the
following:
a.
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths,
garbage, trash, rubbish, refuse and debris.
b.
Natural growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
c.
Overhangings. Loose and overhanging objects, and accumulations of
snow and ice, which by reason of the location above ground level constitute
a danger of falling on persons in the vicinity thereof.
d.
Ground surface hazards or unsanitary conditions. Holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow,
and excretion of personal pets on paths, outdoor fireplaces, walls,
fences, walks, driveways, parking lots and parking areas and other
parts of the premises (e.g. exterior porches, landings, balconies,
stairs and fire escapes) which are to be accessible to be used by
persons on the premises. All such holes and excavations shall be filled
and repaired, walks and steps replaced and other conditions removed
where necessary to eliminate hazards or unsanitary conditions with
reasonable dispatch upon their discovery.
e.
Recurring accumulation of storm water. Adequate runoff drains shall
be provided and maintained in accordance with borough ordinances to
eliminate any such recurrent or excessive accumulation of storm water.
Leaders and gutters shall be maintained in good condition and capable
of performing their functions.
f.
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
g.
Chimneys and vent attachments thereto. Chimneys, flues and vent attachments
thereto shall be maintained structurally sound, free from defects
and so maintained as to capably perform at all times the functions
for which they were designed and constructed. Chimneys, flues, gas
vents and other draft producing equipment shall provide sufficient
draft to develop the rated output of the connected equipment, shall
be structurally safe, durable; smoke tight, and capable of withstanding
the action of flue gases.
h.
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained, structurally
sound, in good repair, well painted or otherwise provided with a protective
treatment to prevent deterioration, and free from defects.
i.
Storage of commercial and industrial materials. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas, equipment and materials relating to commercial
or industrial uses unless permitted under the zoning ordinance for
the premises.
j.
General property maintenance. The premises shall be maintained in
an orderly state, free from becoming overgrown, littered and unsightly
where such would constitute a blighting effect on adjoining and nearby
property. Open areas shall be maintained to avoid unsightly or unsafe
conditions.
k.
Freedom from accumulations and obstructions. No accumulation or obstruction
from garbage, refuse or rubbish shall be permitted on exterior stairways,
areaways, balconies, porches, alleyways, except that garbage stored
in proper containers may be set out for removal.
l.
Change of topography. No change in the topography of the land shall
be made which shall endanger or interfere with the property rights
of adjacent or adjoining property owners. In any event, a design plan
must be submitted to the building inspector before any change in topography
or excavation is made on private property and such change in topography
or excavation shall not be made without a permit from the building
inspector who has the right to refuse such change if the design plan
or the work to be performed by the change in topography may be a detriment
to adjacent or adjoining property owners or to the public at large.
m.
Procedure upon failure. If within three days after a notice to remove
all grass, weeds, impediments, debris, etc., a property owner or agent
fails to remove same, the borough may proceed to utilize municipal
employees and/or bid and/or obtain private contractors if said cost
does not exceed the bid threshold for the removal of any such grass,
weeds, impediments, debris, etc. Upon completion of the municipal
clean up process, the municipal official shall submit a certification
to the council as to the actual cost of removing said grass, weeds,
impediments, hedges, debris, etc. The council upon resolution shall
direct the municipal tax collector to charge the cost incurred by
the municipality as a lien upon lands in form of property taxes to
be assessed or levied upon such lands, same to bear interest at the
same rate as taxes and collected and enforced by officers in the same
manner as taxes. The aforestated provisions are consistent with N.J.S.A.
40:65-12 and 40:48-2.27.
[Ord. No. 17-80, S7]
The exterior of the premises shall be maintained by the owner
or operator so that the appearance thereof shall reflect a level of
maintenance in keeping with the standards of the neighborhood or such
higher standards as may be adopted by the Borough of Cliffside Park
and such that the appearance thereof shall not constitute a blighting
effect upon neighboring properties nor an element leading to a progressive
deterioration and downgrading of neighboring properties with an accompanying
diminution of property values, including the following:
[Ord. No. 17-80, S7.1]
Where exposed to public view, the landscaping of premises shall
be maintained in an orderly state with lawns and bushes trimmed and
free from becoming overgrown, littered and unsightly where such would
constitute a blighting effect, depreciating adjoining and nearby properties.
Open areas shall be graded evenly to eliminate holes, depressions,
gullies, mounds, accumulations of debris, excavated material or other
unsightly or unsafe conditions.
[Added 7-12-2022 by Ord. No. 2022-10]
a.
No resident, land owner, or landscaping entity or private person,
shall use any type of gasoline powered equipment and/or machinery
for landscaping of any type on Sundays or Holidays between the hours
of 6:00 a.m. and 12:00 Noon.
b.
The enforcement of this section shall be the responsibility of the
Borough's Building Department or Police Department or their duly
authorized designee.
c.
Violations of this subsection:
|
First Offense
|
Written Warning
|
|
Second Offense
|
$250 fine plus Court Costs
|
|
Third Offense
|
$500 fine plus Court Costs
|
|
Fourth and Subsequent Offense(s)
|
$1,000 fine plus Court Costs
|
d.
A summons will be issued to both the homeowner/resident wherein the
equipment is used, as well as to the person/entity using the gasoline
powered equipment.
[Ord. No. 17-80, S7.2]
All permanent signs and billboards exposed to public view permitted
by the zoning ordinance and regulated by the building code or other
regulations or as a lawful nonconforming use shall be maintained in
good repair. Any sign or billboard which has weathered excessively
or faded or on which the paint has excessively peeled or cracked shall,
with the supporting members, be removed forthwith or put into a state
of good repair. All non-operative or broken electrical signs shall
be repaired or shall, with their supporting members, be removed forthwith.
[Ord. No. 17-80, S7.3]
All windows exposed to public views shall be kept clean and
free of marks and foreign substances. Except when necessary in the
course of changing displays, no storage of materials, stock or inventory
shall be permitted in window display areas ordinarily exposed to public
view unless such areas are first screened by drapes, venetian blinds,
or other means of making the windows non-transparent. All screening
of interiors shall be maintained in a clean and attractive manner
and in good state of repair.
[Ord. No. 17-80, S7.4]
All store fronts and the exteriors of all buildings shall be
kept in good repair, painted where required or otherwise provided
with protective treatment sufficient to prevent deterioration and
shall not constitute a safety hazard nor nuisance. In the event repairs
to the store front become necessary, such repairs shall be made in
harmony with the original design with the same materials or materials
of appearance similar to those used in the construction of the store
front in such a manner as to permanently repair the damaged area or
areas.
[Ord. No. 17-80, S7.5]
Except for "for rent" signs, any temporary sign or other advertising
material glued or otherwise attached to a window or otherwise exposed
to public view shall be removed (a) at the expiration of the event
or sale for which it was erected or posted, or (b) within 30 days
after it was erected or posted, whichever shall have occurred sooner.
Except during the course of repairs or alterations, not more than
33-1/3 percent of the square footage of any single window or single
window display area shall be devoted to temporary signs or other advertising
material attached thereto or otherwise exposed to public view.
[Ord. No. 17-80, S7.6]
Any awning or marquee and its accompanying structural members
which extend over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall be so maintained as to
not constitute a nuisance or a safety hazard. In the event any such
awning or marquee is not properly maintained in accordance with the
foregoing, it shall, together with its supporting members, be removed
forthwith. In the event any such awning or marquee is made of cloth,
plastic or similar materials, such materials where exposed to public
view shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
deterioration. Nothing herein contained shall be construed to authorize
any encroachment of an awning, marquee or its accompanying structural
members on streets, sidewalks or other parts of the public domain.
[Ord. No. 17-80, S7.7]
No temporary painting, scaffolding or other temporary equipment
used for construction, repair or maintenance shall be permitted to
remain in place beyond a period of 30 days after erection and placement
thereof without the permission of the enforcement officer.
[Ord. No. 17-80, S7.8]
No security window or glass door covering which completely obstructs
the view of the interior of the premises may be placed or installed
upon any premises. The owner, operator or occupant must submit a photograph,
sample or drawing of the proposed security window covering to the
building inspector for approval prior to installation. Only those
security window coverings which are dignifiedly decorative and which
permit visibility into the premises shall be permitted, subject to
the prior approval of the building inspector. "Security window coverings"
shall mean those metal and other rigid substances which are used by
stores, and commercial establishments to safeguard their premises
from vandals, burglars, civil disturbances or other such unlawful
acts. A permit from the building inspector is required for the installation
of security window coverings for which there shall be no fee.
[Ord. No. 17-80, S8]
The roof of every building shall be maintained watertight and
the exterior of every building, including gutters and leaders, shall
be maintained in good repair, and all exterior surfaces thereof shall
be kept painted or otherwise provided with a protective treatment
where necessary for purposes of preservation and appearances. All
exterior surfaces thereof shall be maintained free from broken glass,
loose shingles or siding, crumbling masonry, excessively peeling paint
or other condition reflective of deterioration or inadequate maintenance
to the end that the building itself may be preserved, safety and fire
hazards eliminated, and adjoining property and the neighborhood protected
from blighting influences.
[Added 10-5-2021 by Ord.
No. 2021-08]
In order to maintain a building's facade in a safe condition,
the following requirements shall apply to all existing buildings or
buildings constructed, which: (1) are more than three stories in height,
and/or (2) consist of a masonry, structural steel, stucco or planking
and/or brick attached dwellings in excess of 20 feet:
a.
A visual facade inspection, including photographs, and report under
seal shall be conducted every five years by a licensed architect or
engineer. This report shall include, but is not limited to, inspection
of all exterior walls and appurtenances. This inspection shall be
in addition to any other building inspections required by law.
1.
The initial inspection shall be completed by December 31, 2022. Thereafter,
a facade inspection must be conducted every five years.
2.
The facade inspection shall include a complete review of the most
recently prepared engineering report in possession of the property
owner, condominium or cooperative association including, but not limited
to, facade, which may be constructed in brick or planking or any other
construction material.
3.
The facade inspection shall be conducted in accordance with applicable
engineering forms prepared by the Borough Engineer expressly for this
Ordinance, which shall be made accessible through the Building Department
to all property owners, condominium or cooperative associations.
4.
The property owner, condominium or cooperative association shall
be responsible for the cost and municipal review of such inspection,
and for any necessary repairs, and/or additional inspections that
may be required to bring the building into municipal compliance.
b.
Reporting Requirements. Facade inspections must be complete by December
31 of each year in which an inspection is mandated. Within 30 days
of the inspection, property owners, condominium and cooperative Associations
must submit a written Facade Inspection Report under seal, prepared
by a licensed architect or engineer to the Building Department.
1.
The Facade Inspection Report shall comply with the Inspection Form
prepared by the Borough Engineer. The Report shall consist of:
(a)
Certification of the results of such inspection;
(b)
Clearly documenting the condition of the building's facade,
inclusive of photographs, noting the conditions as safe or unsafe;
and
(c)
Provide repair and maintenance recommendations if applicable,
including information on which repairs are emergent and a timeline
for which all repairs must be made.
c.
Repairs. If the inspection indicates repairs, if any, are needed
to the building or its facade, the property owner, condominium or
cooperative association, shall be responsible for such repairs and
shall immediately undertake such measures as may be required to secure
public safety. All repairs must be made pursuant to the recommendations
and timeline set forth in the Facade Inspection Report and in conjunction
with the recommendations and approval of the Borough Engineer and
Construction Code Official.
[Added 10-5-2021 by Ord.
No. 2021-08]
a.
Following completion of the repairs, the licensed architect or engineer
shall inspect the building and the property owner, condominium or
cooperative association shall file, under seal, an amended Facade
Inspection Report, prepared by the licensed architect or engineer,
setting forth the conditions of the building with the Building Department
within 30 days of repairs being completed.
b.
If repairs are not made in accordance with the recommendations and
timeline set forth in the Facade Inspection Report as may be amended,
inclusive of the mandated repairs directed by the Construction Code
Official and/or Borough Engineer, the Construction Code Official shall
have the power to "Redtag" the building and order the evacuation of
residents who are residing in the building that is an imminent threat
to the safety and welfare of the occupants or residents of Cliffside
Park.
c.
The facade inspection and subsequent inspection shall be conducted
in accordance with applicable inspection guidelines promulgated by
the Borough's Engineer with the advice and consent of the Construction
Code Official.
d.
If the Construction Code Official orders the evacuation of any or
all residents, the property owner or condominium or cooperative association
shall be fully responsible for all relocation costs including temporary
housing not to exceed 120 days. If the relocation requirement exceeds
120 days, the Borough and property owner, condominium or cooperative
association shall review the emergent housing situation and develop
a reasonable housing alternative. The entire relocation cost shall
be the obligation of the property owner, condominium or cooperative
association who shall tender payment to the Borough within 10 business
days of receipt of invoice. If the property owner, condominium or
cooperative association shall fail to reimburse the Borough for their
out-of-pocket relocation expenses, the Council shall have the authority
upon resolution and notice of said resolution to the property owner
or condominium or cooperative association to place a real property
tax lien on the property.
[Added 10-5-2021 by Ord.
No. 2021-08]
a.
The fee for the filing and review of the Facade Inspection Report
shall be as follows:
b.
If after 30 days the property owner, condominium or cooperative association
fails to repair the building per the report, the Borough shall have
the right but not the obligation to have the building repaired at
the expense of the property owner, condominium or cooperative association
with the right to lien, upon resolution, and notice to recoup all
expenses.
[Added 10-5-2021 by Ord.
No. 2021-08]
a.
If the property owner, condominium or cooperative association fails
to remedy any construction issue noted in the report as needed to
be repaired within the time period established by the Borough's
Construction Code Official and Borough Engineer and any reasonable
extensions thereto, the property owner, condominium or cooperative
association shall be issued a summons for each day the restoration
work is not completed as follows:
|
Days 1-5
|
$1,000 per day
|
|
Days 6-10
|
$2,000 per day
|
|
Days 11-17
|
$3,000 per day
|
|
Days 18-25
|
$4,000 per day
|
|
Days 26 until completion of work to the satisfaction of the
Construction Code Official and Borough Engineer
|
$5,000 per day
|
b.
Each day shall be deemed a separate offense.
[Added 10-5-2021 by Ord.
No. 2021-09]
Structural Inspection Requirement. In order to maintain a building's
structural integrity, the following requirements shall apply to all
existing buildings or buildings constructed of steel, stick, brick,
stucco or fabricated panel facades, and/or concrete buildings more
than four stories in height or buildings consisting in excess of 12
residential units:
a.
A visual structural inspection, including photographs and a report
under seal shall be conducted and submitted to the Borough every 10
years by a licensed architect or engineer. This report shall include,
but is not limited to, inspection of foundations, balconies, all structural
members, and waterproofing. This inspection shall be in addition to
any other building inspections required pursuant to this ordinance
or required by state building codes.
1.
The initial inspection shall be completed by December 31, 2022. Thereafter,
a structural inspection shall be conducted every 10 years thereafter.
2.
The structural inspection shall include a complete review of the
most recently prepared engineering report in possession of the property
owner condominium or cooperative association including, but not limited
to, roof, structural integrity, facade, boiler, et seq.
3.
The structural inspection shall be conducted in accordance with the
applicable engineering forms prepared by the Borough Engineer expressly
for this section, which shall be made accessible through the Building
Department to all property owners, condominium or cooperative associations.
4.
The property owner, condominium or cooperative association shall
be responsible for the cost and municipal review of such inspection,
and for any necessary repairs or additional inspections that may be
required to bring the building into municipal compliance.
b.
Reporting Requirements. Structural inspections must be completed
by December 31 of each year in which an inspection is mandated. Within
30 days of the inspection, Property Owners must submit a written Structural
Inspection Report under seal, prepared by a licensed architect or
engineer to the Building Department.
1.
The Structural Inspection Report shall comply with Inspection Forms
prepared by the Borough Engineer. The Report shall consist of:
(a)
Certification of the results of such inspection;
(b)
Clearly document the condition of the building's structure,
inclusive of photographs, noting the respective conditions as safe
or unsafe; and
(c)
Provide repair and maintenance recommendations if applicable,
including information on which repairs are emergent and a timeline
for which all repairs must be made.
c.
Repairs. If the inspection indicates structural or that any repairs
are needed, the property owner or condominium or cooperative association
shall be responsible for such repairs and shall immediately undertake
such measures as may be required to secure public safety. All repairs
must be made pursuant to the recommendations and timeline set forth
in the Structural Inspection Report and in conjunction with the recommendations
and the approval issued by the Construction Code Official and Borough
Engineer.
[Added 10-5-2021 by Ord.
No. 2021-09]
a.
Following completion of the repairs, the licensed architect or engineer
shall inspect the building and the property owner, condominium or
cooperative association shall file, under seal, an amended Structural
Inspection Report, prepared by the licensed architect or engineer,
setting forth the conditions of the building with the Building Department
within 30 days of repairs being completed.
b.
If repairs are not made in accordance with the recommendations and
timeline set forth in the Structural Inspection Report as may be amended,
inclusive of the mandated repairs directed by the Construction Code
Official and/or Borough Engineer; the Construction Code Official shall
have the power to "Redtag" the building and order the evacuation of
any residents, who are residing in a building that is an imminent
threat to the safety and welfare of the occupants and/or residents
of Cliffside Park.
c.
The structural inspection and subsequent inspection shall be conducted
in accordance with applicable inspection guidelines promulgated by
the Borough's Engineer with the advice and consent of the Construction
Code Official.
d.
If the Construction Code Official orders the evacuation of any or
all residents, the property owner or condominium or cooperative association
shall be fully responsible for all relocation costs including temporary
housing not to exceed 120 days. If the relocation requirement exceeds
120 days, the Borough and property owner, condominium or cooperative
association shall review the emergent housing situation and develop
a reasonable housing alternative. The entire relocation cost shall
be the obligation of the property owner, condominium or cooperative
association who shall tender payment to the Borough within 10 business
days of receipt of invoice. If the property owner, condominium or
cooperative association shall fail to reimburse the Borough for their
out-of-pocket relocation expenses, the Council shall have the authority
upon Resolution and notice of said Resolution to the property owner
or condominium or cooperative association to place a real property
tax lien on the property.
[Added 10-5-2021 by Ord.
No. 2021-09]
a.
The fee for the filing and review of the Structural Inspection Report
shall be as follows:
b.
If after 30 days the property owner, condominium or cooperative association
fails to repair the building per the report, the Borough shall have
the right but not the obligation to have the building repaired at
the expense of the property owner, condominium or cooperative association
with the right to lien, upon resolution and notice to recoup all expenses.
[Added 10-5-2021 by Ord.
No. 2021-09]
a.
If the property owner, condominium or cooperative association fails
to remedy any construction issue noted in the report as needed to
be repaired within the time period established by the Borough's
Construction Code Official and Borough Engineer and any reasonable
extensions thereto, the property owner, condominium or cooperative
association shall be issued a summons for each day the restoration
work is not completed as follows:
|
Days 1-5
|
$1,000 per day
|
|
Days 6-10
|
$2,000 per day
|
|
Days 11-17
|
$3,000 per day
|
|
Days 18-25
|
$4,000 per day
|
|
Days 26 until completion of work to the satisfaction of the
Construction Code Official and Borough Engineer
|
$5,000 per day.
|
b.
Each day shall be deemed a separate offense.
[Ord. No. 17-80, S9]
Floors, interior walls and ceiling of every structure used for
human habitation shall be structurally sound and maintained in good
repair and in a clean and sanitary condition. Floors shall be considered
to be structurally sound when capable of safely bearing normally imposed
loads. Walls and ceilings shall be considered to be in good repair
when clean, free from cracks, breaks, loose plaster, excessive blistering
paint and similar conditions.
The enforcement officer may order the owner to clean, repair, paint, whitewash or paper such walls, floors or ceilings when a wall, floor or ceiling has deteriorated as to provided a harborage for rodents or vermin, or the plaster wallboard or other covers have become loose or badly cracked or missing. Nothing in this section shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in subsection 22-13.2.
[Ord. No. 17-80, S9.1]
Bathroom and water closet compartment floors, walls and ceilings,
where deemed necessary by the enforcement officer, shall be surfaced
with water resistant material and shall be kept dry, clean and sanitary
condition at all times.
[Ord. No. 17-80, S9.2]
Supporting structural members shall be kept structurally sound,
free from deterioration and capable of safely bearing imposed loads.
[Ord. No. 17-80, S9.3]
In buildings containing not more than four occupancy units,
it shall be the responsibility of each of the occupants. In buildings
containing more than four occupancy units, it shall be the responsibility
of the owner and operator to furnish such receptacles as are needed
for the proper storage of garbage and rubbish until removal thereof
and to provide for the periodic removal of all garbage and rubbish
from the premises in accordance with the regulations and ordinances
of the Borough of Cliffside Park.
[Ord. No. 17-80, S9.4]
Storage bins, rooms and areas shall not be used for the storage
of accumulated garbage and rubbish unless:
a.
Such rubbish or garbage is stored in water-tight receptacles and
covered with tight fitting lids;
b.
Such storage bins, rooms and areas are of smooth, easily cleanable
construction and are kept in a sanitary condition;
c.
When rubbish and garbage are stored inside the building, the room
or area, the room or area containing such rubbish and garbage shall
be so constructed or protected as to prevent the spread of fire to
other parts of the building or buildings.
[Ord. No. 17-80, S9.5]
Rubbish and garbage shall be readily accessible for collection,
stored in such manner as to constitute the least likelihood of becoming
a fire hazard and shall be placed or kept on the property within the
building located thereon or not nearer to the street line than the
face of the building, whichever distance from the street line is the
greater, except during any "clean-up week" proclaimed by the borough
council.
[Ord. No. 17-80, S9.6]
Flammable or combustible liquids or other materials shall not
be stored on the premises unless they are of a type approved for storage
by regulation of the fire department and then only in such quantities
and in such fireproof storage containers as may be prescribed by the
Cliffside Park Fire Prevention Code as contained in the BOCA Code.
[Ord. No. 17-80, S9.7]
Every occupant of a single occupancy unit shall be responsible
for the extermination of any insects, rodents, or other pests therein
or on the premises. Whenever infestation exists in one or more of
the occupancy units in any building or in the common parts of any
building containing two or more occupancy units, extermination thereof
shall be the responsibility of the owners and operator.
[Ord. No. 17-80, S10]
No person owning or occupying any property within Cliffside
Park shall permit any "parking area" or "private street" to become
deteriorated and shall maintain such parking area and private street
in good repair, smoothly graded, hard-surfaced and adequately drained.
All dangerous parking areas and private streets within the terms of
this chapter are hereby declared to be a public nuisance and shall
be repaired and maintained as hereinafter provided.
[Ord. No. 17-80, S10.1]
The following standards shall be followed in substance by the
building inspector in ordering repairs and maintenance:
a.
If a dangerous parking area or private street can reasonably be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered repaired;
b.
Restoration and repair shall be in accordance with the specifications
of the Borough of Cliffside Park as approved by the borough engineer;
c.
The surface shall conform to proper grade for entrance and exit onto
the public thoroughfares;
d.
Owner and occupant shall notify the borough building inspector before
repair work is commenced;
e.
During repair work, every reasonable and necessary precaution shall
be taken by the owner or occupant to keep the area free of safety
hazards.
[Ord. No. 17-80, S11]
Every building shall be provided with electric service where
required in accordance with the standard of the National Electrical
Code, as amended from time to time.
[Ord. No. 17-80, S11.1]
Every bathroom and water closet compartment shall be provided
with permanently installed and operating artificial lighting fixtures
with switches and wall plates so located and maintained that there
is no danger of electrical shock from a simultaneous contact with
a water supply fixture.
[Ord. No. 17-80, S11.2]
Maximum fuse sizes as specified by the National Electrical Code,
as amended from time to time, shall be posted conspicuously on the
inside cover of all fuse boxes and no fuse shall be installed therein
in excess of the stated maximum. Owners and operators shall not be
held responsible for violations in fuse sizes where the correct maximum
size is stated and the fuse box is located within any part of the
building which is the exclusive possession of an occupant or occupants
other than the owner.
[Ord. No. 17-80, S11.3]
In the absence of any written contract or agreement to the contrary,
it shall be the duty and responsibility of the owner or person in
charge of any building to supply heat sufficient to maintain a minimum
inside temperature of 70 degrees Fahrenheit from 6:00 a.m. to 11:00
p.m. and 65 degrees Fahrenheit from 11:00 p.m. to 6:00 a.m. in all
units, offices and stores therein, except in rooms specifically designed
for cold temperatures. The temperatures shall be taken as close as
possible to the center of the room at a height approximately three
feet above the floor.
[Ord. No. 17-80, S12]
Upon discovery by an occupant of any condition on the premises
which constitutes a violation of this code, the occupant shall report
the same to the enforcement officer.
[Ord. No. 17-80, S13]
The building inspector is hereby designated to supervise and
direct all inspections, regulations, enforcements and hearings on
violations of the provisions of this code, unless expressly stated
to the contrary. Other public officials or employees of the borough
may be designated by ordinance or the building inspector to perform
duties as may be necessary to the enforcement of this code, including
the making of inspections and holdings of hearings.
[Ord. No. 17-80, S13.1]
All buildings and exterior premises are subject to inspections
from time to time by the enforcing officer of the borough. At the
time of such inspections, parts of the exterior premises must be available
and accessible for such inspections, and the owner, operator and occupant
are required to provide the necessary arrangements to facilitate such
inspections.
[Ord. No. 17-80, S13.2]
Where a violation of this code or the regulations hereunder is found to exist, a written notice from the enforcing officer shall be served on the person or persons responsible for the correction thereof. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 32 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order ten days after service, unless a hearing is requested pursuant to section 22-13. The notice shall also advise the recipient that, if the violation is not corrected or abated, the municipality may do the same, the cost of which shall become a lien on the subject property. Notice may be served personally or by registered mail. In the case of an occupant, notice may be posted upon the door of the structure. Where it is ascertained that the owner does not reside on the premises, the "last known address" shall be that shown in the office of the tax assessor; and if the last known address cannot be ascertained, notice shall be printed in the legal advertising media of the Borough of Cliffside Park at least once weekly for two weeks successively. Date of service of the notice shall be determined as the day following the day of mailing of the notices, or the next regular delivery date.
[Ord. No. 17-80, S13.3]
Within ten days of the date of service of a notice, the notice
shall constitute a final order unless any person affected by the notice
serves a written request within the ten day period in person or by
registered mail on the building inspector. Such request for a hearing
shall set forth briefly the reasons for which the request is based
and the factual matters contained in the notice of violation to be
disputed at the hearing. Upon receipt of the request, the building
inspector shall set the matter down for hearing within 30 days therefrom
and upon five days' notice to the aggrieved party.
[Ord. No. 17-80, S13.4]
At any hearing provided hereunder, the building inspector shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require by subpoena the production of books, records or other documents
at any such hearing which may be pertinent to matters to be determined
by him and to enforce any such subpoena ten days from the completion
of the hearing. The building inspector shall issue an order either
incorporating the determinations and directions contained in the notice,
modifying same or withdrawing of the charges.
[Ord. No. 17-80, S13.5]
The building inspector may extend the time for correction or
abatement of the violations for an additional period of time not to
exceed 30 days, except where major capital improvements or renovations
are involved, in which instance the time for completion may be extended
90 days beyond the expiration date of the original notice.
[Ord. No. 17-80, S13.6]
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the building inspector may either
abate the violation or condition or order the owner, operator or occupant
to correct the violation or condition within a period of time not
to exceed three days. Upon failure to do so, the building inspector
shall abate the condition immediately thereafter.
[Ord. No. 17-80, S13.7]
Where abatement of any nuisance as defined herein, correction
of a defect in the premises or the maintenance of the premises in
a proper condition so as to conform to the municipal ordinances or
State law applicable thereto requires expending borough monies therefor,
the enforcing officer shall present a report of work proposed to be
done to accomplish the foregoing to the building inspector with an
estimate of the cost thereof along with a summary of the proceedings
undertaken to secure compliance including the notices served upon
the owners, operators, lessors or agents, as the case may be, and
hearing and orders of the building inspector with reference thereto.
The building inspector may thereupon determine to order the abatement
of the nuisance and correction of the defect or work necessary to
place the premises in proper condition and in compliance with ordinances
of the borough and laws of the State. The enforcing officer may thereafter
proceed to have the work performed in accordance with such order at
borough expense, not to exceed the amount specified in the order,
and shall upon completion thereof submit a report of the monies expended
and costs to the building inspector. After review of the same, the
borough council may approve the expenses and costs, whereupon the
same shall become a lien against the premises, collectible as provided
by law. A copy of the resolution approving the expenses and costs
shall be certified by the borough clerk and filed with the tax collector
of the borough who shall be responsible for the collection thereof,
and a copy of this resolution shall be sent by registered mail to
the owner.
[Ord. No. 17-80, S13.8]
Where there exists a violation of this code, an owner or operator
upon receipt of the notice of violation and if unable to eliminate
the violation by peaceable means within the period of time specified
in such notice, may commence within such period legal action to dispossess,
evict or eject the occupants who cause the violation. No further action
hereunder shall then be taken against the owner or operator so long
as the action aforesaid is pending in the court and is prosecuted
expeditiously and in good faith.
[Ord. No. 17-80, S13.9]
No notice shall be required on the enforcement of section 22-10 hereof, as to the removal of accumulated snow or ice from paths, walks, driveways, ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where such snow and ice remain uncleared within 24 hours after the termination of the snowfall.
Where the building inspector, after hearing, shall determine
that there was a violation and notice served upon the owner, operator
or occupant and within the space of one year thereafter, there shall
be a second violation by the same owner, operator or occupant of the
same provision of this code on the same premises, the offender may
be prosecuted on the second violation without the enforcing officer
first serving notice and giving the opportunity for a hearing to the
owner, operator or occupant by the filing of a complaint by the enforcing
officer with the municipal court.
Where the building inspector has on two different occasions
found violations by the same owner, operator or occupant on the same
premises and has issued notices on each and has held at least one
hearing and issued an order thereon, and upon discovering a third
or subsequent violation by the same owner, operator or occupant on
the same premises within the space of one year of any section of this
code, he may thereupon prosecute the offender by filing a complaint
with the municipal court for the violation without first providing
notice and opportunity for a hearing by the building inspector.
[Ord. No. 17-80, S14; amended 3-20-2023 by Ord. No. 2023-03]
Violation of any section or subsection of the Property Maintenance
Code shall be subject, upon conviction, to a penalty not less than
five hundred ($500.00) dollars, nor more than five thousand ($5,000.00)
dollars per offense. Each violation of a section or subsection of
this code shall constitute a separate offense and a distinct violation.
Each day’s failure to comply with such section or subsection
shall also constitute a separate offense and a distinct violation.
The Municipal Magistrate shall have the option in the interest of
justice and equity to impose the fines as required or waive or structure
any other equitable relief, plus Court costs.
[Ord. No. 17-80, S14.1]
Where an operator, owner or occupant has been convicted of a violation of this code and within one year thereafter has been found guilty by the judge of the municipal court of a second violation, the court may, if it finds that the second violation was willful and inexcusable, sentence the offender in addition to or in lieu of the fine set forth in section 22-14 hereof to imprisonment in the county jail for a period not to exceed 90 days.
[Ord. No. 17-80, S14.2]
Where the defendant is other than a natural person or persons, section 22-14 shall also apply to any agent, superintendent, officer, member, or partner who shall alone or with others have charge, care or control of the premises.
[Ord. No. 17-80, S14.3]
In the event of the imposition of a fine or penalty by the municipal
court or any other court of competent jurisdiction against the owner,
operator or occupant of any building or structure in the borough,
the fine or penalty shall be collectible as a lien against the premises,
in addition to any other remedies now provided by law.
[Ord. No. 17-80, S15]
The repeal of any provisions of any other ordinances by this
code shall not affect any action for prosecution or abatement under
any such ordinance or any notice, complaint or order issued by any
officer or agency of the borough prior to the effective date hereof
or concerning which any prosecution or other steps of enforcement
have been taken or are being taken within any administrative agency
or in the municipal court for enforcement thereof.
[Ord. No. 17-80, S16]
The building inspector is hereby authorized and empowered to
promulgate such written rules and regulations as may be necessary
for the proper interpretation and administration of the provisions
of this code, provided that such rules and regulations do not conflict
with this code and conform to the general standards prescribed by
this code.
[Ord. No. 17-80, S17]
Whenever an owner, operator, occupant, prospective purchaser,
mortgagee or prospective occupant shall apply to the enforcing officer
for an inspection in order to ascertain if any section of this code
has been violated, the enforcing officer shall, upon payment of the
fee hereunder stated, cause an inspection to be made of the premises
and issue an informational certificate or report of the inspection
to the applicant, indicating therein any violations of this code on
the premises. The applicant for such inspection shall state in writing
his full name, residence and the reasons for which the inspection
is requested. The enforcing officer may deny the application for failure
to comply with this requirement.
[Ord. No. 17-80, S17.1]
Where, in lieu of an inspection, an owner, operator, occupant,
lessee, prospective purchaser, mortgagee or prospective occupant requests
a status report as to whether or not there are any known violations
presently pending on the premises, upon payment of the fee prescribed
herein, a copy of any notice or order on any violation then pending
shall be sent to the applicant.
[Ord. No. 17-80, S17.2]
No inspection report issued under this section or status report
issued under this section shall be construed as providing a defense
against any violation of this code or any other ordinance of the borough
which may be discovered thereafter whether or not the condition or
violation existed at the time of any such inspection or status report.
The inspection or status report is provided as a convenience to the
public and shall not constitute a limitation on the full enforcement
of this code. The inspection or status report shall include only such
matters as are embraced in this code.
[Ord. No. 17-80, S17.2]
[Ord. No. 17-80, S18]
If any section, subsection, paragraph, sentence, clause, phrase
or word contained in this code shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this code, which shall remain in full force and effect, and to
the end the provisions of this code are hereby declared to be severable.
[Added 2-7-2023 by Ord. No. 2023-02]
[Added 2-7-2023 by Ord.
No. 2023-02]
As used in this section:
Means the Commissioner of the Department of Community Affairs.
Means Department of Community Affairs.
Means Department of Community Affairs.
Means the New Jersey Department of Health.
Means a sample collected by wiping a representative surface
and tested in accordance with a method approved by the United States
Department of Housing and Urban Development (HUD).
Means a building containing a room or rooms, or suite, apartment,
unit, or space, that is rented and occupied or intended to be rented
and occupied for sleeping and dwelling purposes by one or more persons.
Means a unit within a building that is rented and occupied
or intended to be rented and occupied for sleeping and dwelling purposes
by one or more persons.
Means a set of measures designed to reduce temporarily human
exposure or likely exposure to lead-based paint hazards, including
specialized cleaning, repairs, maintenance, painting, temporary containment,
ongoing monitoring of lead-based paint hazards or potential hazards,
and the establishment and operation of management and resident education
programs and as it is defined under 42 U.S.C. § 4851b and
regulations implemented pursuant thereto.
Means a set of measures designed to permanently eliminate
lead-based paint hazards in accordance with standards established
by N.J.A.C. 5:17.
Means a firm certified by the Department to perform lead
abatement work pursuant to N.J.A.C. 5:17.
Means an individual certified by the New Jersey Department
of Health (DOH) to perform lead abatement work pursuant to N.J.A.C.
8:62.
Means a firm certified by the Department to perform lead
inspection and risk assessment work pursuant to N.J.A.C. 5:17. This
includes the ability to perform dust wipe sampling.
Means that a dwelling or dwelling unit has been confirmed
to have fully abated all lead-based paint hazards or that no lead-based
paint exists in the dwelling or dwelling unit.
Means an individual certified by DOH to perform lead inspection
and risk assessment work pursuant to N.J.A.C. 8:62. This includes
the ability to perform dust wipe sampling.
Means that a dwelling has no outstanding lead-based paint
hazards, but the dwelling is not necessarily lead free.
Means interim controls, as defined above. Note that this
definition is specific to lead-based paint inspections in rental dwellings
and is not to be confused with the lead hazard control work as defined
within the Department's regulations for Lead Hazard Evaluation
and Abatement, N.J.A.C. 5:17.
Means paint or other surface coating material that contains
lead in excess of 1.0 milligrams per centimeter squared or in excess
of 0.5% by weight, or such other level as may be established by federal
law.
Means any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces, that would result in adverse human health effects.
Means the certification issued pursuant to the regulations
promulgated pursuant to P.L. 2021, c. 182, which confirms that a periodic
inspection, as defined below, was performed, and no lead-based paint
hazards were found. This certification is valid for two years from
the date of issuance.
Means any building or structure and any land appurtenant
thereto, and any portion thereof, in which three or more dwelling
units are occupied or intended to be occupied by three or more persons
living independently of each other.
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Multiple dwelling also means any group of 10 or more buildings
on a single parcel of land or on contiguous parcels under common ownership,
in each of which two dwelling units are occupied or intended to be
occupied by two persons or households living independently of each
other, and any land appurtenant thereto, and any portion thereof.
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Multiple dwelling does not include those buildings and structures
that are excluded by statute (See N.J.S.A. 55:13A).
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Means the initial inspection of all applicable dwelling units
at the earlier of two years from the effective date of P.L. 2021,
c. 182, July 22, 2022, or tenant turnover, and thereafter the earlier
of three years or upon tenant turnover for the purposes of identifying
lead pursuant to P.L. 2021, c. 182.
Based paint hazards in dwellings subject means a local, municipal
agency maintained for the purpose of conducting inspections and enforcing
laws, ordinances, and regulations concerning buildings and structures
within its jurisdiction. This may include local building agencies,
health agencies, and housing agencies.
Means interim controls or lead abatement work undertaken
in conformance with this section to address lead-based paint hazards.
Remediation is often used synonymously with interim controls and does
not include abatement; however, in the context of P.L. 2021, c. 182,
remediation is defined as encompassing both interim controls and abatement.
Means the time at which all existing occupants vacate a dwelling
unit, and all new tenants move into the dwelling unit or the time
at which a new tenant enters a vacant dwelling unit.
Means a visual examination for deteriorated paint or visible
surface dust, debris, or residue.
[Added 2-7-2023 by Ord.
No. 2023-02]
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq., and N.J.S.A 55:13A-1 et seq.
[Added 2-7-2023 by Ord.
No. 2023-02]
The owner, landlord and/or agent of every single-family, two-family,
and/or multiple dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards within
two years of the effective date of the law, July 2, 2022, or upon
tenant turnover, whichever is earlier. In any event, the First Inspection
must take place on or before July 22, 2024.
[Added 2-7-2023 by Ord.
No. 2023-02]
a.
After the initial inspection required by Subsection 22-19.3, the owner, landlord, and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
b.
In accordance with P.L. 2021, c. 182, single-family, two-family,
and multiple rental dwellings must be inspected for lead-based paint
hazards, except for the following:
1.
Dwellings that were constructed during or after 1978.
2.
Single-family and two-family seasonal rental dwellings which are
rented for less than six-months duration each year by tenants that
do not have consecutive lease renewals. This exemption for seasonal
rental dwellings does not extend to seasonal multiple dwellings.
3.
Dwellings that have been certified to be free of lead-based paint
pursuant to N.J.A.C. 5:17-3.16(b) either after an abatement is completed
or an evaluation has confirmed that there is no lead-based paint in
the dwelling.
4.
Multiple rental dwellings that have been registered with the Department
of Community Affairs for at least 10 years and have no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law"
(N.J.S.A. 55:13A-1). Cyclical inspections currently occur every five
years in multiple dwellings.
(a)
This means that all multiple dwellings constructed prior to
1978 and registered with the Department for at least 10 years that
have a certificate of inspection issued by the Department of Community
Affairs, Bureau of Housing Inspection, are exempt from this requirement.
A certificate of inspection means there are no outstanding violations.
[Added 2-7-2023 by Ord.
No. 2023-02]
a.
For nonexempt units, after the initial inspection, units shall be
inspected pursuant to the following:
1.
An inspection upon tenant turnover is not required if the owner has
a valid lead-safe certificate;
2.
Lead-safe certificates are valid for two years;
3.
If the lead-safe certificate has not expired upon tenant turnover,
the next inspection will be three years from the prior inspection.
4.
If the lead-safe certificate has expired upon tenant turnover (i.e.,
more than two years after the issuance of the certificate, but before
the three-year mark), an inspection is required upon tenant turnover;
5.
An inspection upon tenant turnover will reset the three-year inspection
requirement, or reletting of the dwelling, whichever event is first
to occur;
6.
If it is determined upon inspection that no lead-based paint hazards
exist in a dwelling, the lead evaluation contractor or local enforcing
agency shall certify the dwelling unit as lead-safe. The lead-safe
certification is valid for a period of two years.
[Added 2-7-2023 by Ord.
No. 2023-02]
If lead-based paint hazards are found during an inspection,
the owner of the dwelling unit shall remediate the lead-based paint
hazard by using lead-based paint hazard control methods including
interim controls or abatement, as outlined in this section.
[Added 2-7-2023 by Ord.
No. 2023-02]
a.
Interim controls are statutorily mandated measures designed to temporarily
reduce human exposure to lead-based paint hazards.
b.
Interim controls may also be appropriate if the housing unit is slated
for demolition or renovation;
c.
Interim control measures include the following:
1.
Paint Stabilization: All deteriorated pain on exterior surfaces shall
be stabilized in accordance with the HUD Guidelines.
2.
Smooth and cleanable surfaces:
(a)
All surfaces, such as floors, stairs, and interior windowsills,
that are rough, pitted, or porous shall be made smooth;
(b)
Minor surface damage may be correctable by spackling and recoating.
If more practical the area shall be covered or coated with plastic,
sheet vinyl, linoleum, or another comparable material.
[Added 2-7-2023 by Ord.
No. 2023-02]
a.
If interim controls are unlikely to be effective, then abatement
procedures shall be implemented.
b.
All abatement work must be undertaken in accordance with the State
regulations for Lead Hazard Evaluation and Abatement, which are described
in N.J.A.C. 5:17;
c.
Abatement:
1.
The removal of lead-based paint by mechanical methods. Acceptable
procedures include wet scraping, wet sanding, and nonabrasive blasting;
2.
Abatement constitutes the systematic removal of any building component
which contains a lead- based paint hazard.
(a)
New components shall not be brought into the working area until
all dust-generating activity is completed and has been cleaned to
ensure the new component is not exposed to lead hazards.
3.
Required procedures include enclosing lead-based paint hazards behind
other materials.
[Added 2-7-2023 by Ord.
No. 2023-02]
a.
After remediation, whether through interim controls or abatement,
the municipality or lead evaluation contractor shall perform an additional
inspection within 60 days of the initial periodic lead-based paint
inspection to conclude there are no other lead-based paint hazards.
b.
Upon reinspection of remediated dwellings, using interim controls,
if it is determined that no lead-based paint hazards are found, the
municipality or inspector shall certify the dwelling to be lead safe
pursuant to P.L. 2021, c. 182. The certificate will be valid for two
years.
c.
Pursuant to N.J.A.C. 5:17-9.1, post abatement results and the receipt
of the lead abatement clearance certificate, issued at the final clearance
inspection shall exempt the dwelling from future inspections pursuant
to P.L. 2021, c. 182.
[Added 2-7-2023 by Ord.
No. 2023-02]
b.
Municipal Investigations:
1.
Failure to comply with the requirements of P.L. 2021, c. 182, shall
result in the issuance of penalties.
2.
If a property owner has failed to comply with the requirements of
this section, the property owner shall be given 30 days from the date
of the determination to cure any violation by either obtaining a new
inspection or by initiating remediation.
3.
If the violations are note remediated within 30 days, the owner shall
be subject to a penalty not to exceed $1,000 per week until the required
inspection has been conducted or remediation efforts have been initiated.
Remediation efforts are considered initiated when the owner has hired
a lead abatement contractor or other qualified party to perform lead-hazard
control methods.
[Added 2-7-2023 by Ord.
No. 2023-02]
Notwithstanding any other fees due pursuant to this Chapter,
the following fees shall be paid:
a.
Certification Submission and Administrative Fee. The Borough shall
not permit the dwelling owner or landlord to hire a private lead evaluation
contractor who is certified to provide lead paint inspection services
by the Department of Community Affairs to satisfy the requirements
utilizing the services of Certified Lead Paint Inspection.
b.
The Borough shall retain and dispatch Certified Lead Based Paint
Inspectors who shall be responsible for inspection for all rental
units per this section.
c.
Upon requesting acceptance per this section, the property owner shall
submit payment to the Building Department of $20 as an administrative
fee plus a State fee of $20 per unit, dedicated for deposit into the
Lead Hazard Control Assistance Fund.
[Added 2-7-2023 by Ord.
No. 2023-02]
A copy of the Lead Safe Certificate is attached hereto and incorporated
herein as if set forth in its entirety.
Editor's Note: The Lead Safe Certificate is on file in the Borough
offices.
[Ord. No. 2013-05; Ord. No. 2016-02]
The Borough of Cliffside Park does hereby adopt the 2015 Edition of the International Property Maintenance Code which will regulate and govern the conditions and maintenance of all property, buildings and structures by providing the standards for supplies and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; the condemnation of buildings and structures unfit for human occupancy and use, the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees; each and all of the regulations provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Building Department; hereby referred to, adopted, and made a part hereof, as if fully set forth in this ordinance with the additions, insertions, deletions and changes, if any prescribed in subsection 22-20.2 of this section.
[Ord. No. 2013-05]
The following sections are hereby revised:
2.01 Section 101.1. Title. These regulations shall
be known as the International Property Maintenance Code of the Borough
of Cliffside Park, hereinafter referred as "this Code."
2.02 Section 103.5. Fees. The fees for activities
and services performed by the department in carrying out its responsibilities
under this code shall be as indicated in the following schedule.
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[INSERT APPROPRIATE SCHEDULE.]
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2.03 Section 112.4. Failure to Comply. Any person
who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be liable to a fine of not
less than $250.00 (two hundred fifty dollars) or more than $1,000.00
(one thousand dollars) per offense; each day of non-compliance shall
be deemed a separate offense.
2.04 Section 302.4. Weeds. All premises and exterior
property shall be maintained free from weeds or plant growth in excess
of ten (10) inches. All noxious weeds shall be prohibited. Weeds shall
be defined as all grasses, annual plants and vegetation, other than
trees or shrubs provided; however, this term shall not include cultivated
flowers and gardens.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, the
property owner or tenant shall be subject to prosecution in accordance
with Section 106.3 and as prescribed by the authority having jurisdiction.
Upon failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction
shall be authorized to enter upon the property in violation and cut
and destroy the weeds, growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
This ordinance permits the tax collector to issue a municipal lien
on the property to ensure collection.
2.05 Section 304.14. Insect Screens. During the
period from May to October 1, every door, window and other outside
opening required for ventilation of habitable rooms, food preparation
areas, food service areas or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch (16 mesh per 25mm), and
every screen door used for insect control shall have a self-closing
device in good working condition.
Exception: Screens shall not be required where
other approved means, such as air curtains or insect repellent fans,
are employed.
2.06 Section 602.3. Heat Supply. Every owner and
operator of any building who rents, leases or lets one or more dwelling
units or sleeping units on terms, either expressed or implied, to
furnish heat to the occupants thereof shall supply heat during the
period from October 1 to May 1, to maintain a temperature of not less
than 68°F (20°C) in all habitable rooms including, bathrooms
and toilet rooms.
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Exceptions:
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1. When the outdoor temperature is below the winter outdoor
design temperature for the locality, maintenance of the minimum room
temperature shall not be required provided that the heating system
is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be as indicated in Appendix D of
the International Plumbing Code which is incorporated herein as if
set forth in its entirety.
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2. In areas where the average monthly temperature is above 30°F
(-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
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2.07 Section 602.4. Occupiable Work Spaces. Indoor
occupiable work spaces shall be supplied with heat during the period
from October 1 to May 1 to maintain a temperature of not less than
65°F (18°C) during the period the spaces are occupied.
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Exceptions:
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1. Processing, storage and operation areas that require cooling
or special temperature conditions.
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2. Areas in which persons are primarily engaged in vigorous
physical activities.
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