This chapter shall be known as "The Property Maintenance Code
of the Borough of Englewood Cliffs" and may be referred to in the
chapter in the short form as "The Property Maintenance Code" or as
"this code".
It is hereby found and declared that there exists in the Borough
of Englewood Cliffs structures used for residential and nonresidential
purposes which are, or may become in the future, substandard with
respect to structure, equipment or maintenance, and further that such
conditions including, but not limited to, structural deterioration,
inadequate maintenance, infestation, inadequate provisions for light
and air, and unsanitary conditions constitute a menace to the health,
safety and welfare of the residents and inhabitants of the Borough
of Englewood Cliffs. It is further found and declared that the existence
of such conditions has the further effect of creating blights and
substandard neighborhoods, and that by the enactment of timely regulations
and restrictions as herein contained, the development of blight may
be prevented and neighborhood and property values maintained and the
public health, safety and welfare protected and fostered.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance,
appearance, condition and occupancy of residential and nonresidential
premises: to establish minimum standards governing facilities and
other physical components and conditions essential to make the aforesaid
facilities fit for human habitation, occupancy and use: to fix certain
responsibilities and duties upon owners, operators and occupants:
and to fix penalties for the violation of this code. This code is
hereby declared to be remedial and essential for the public interest
and it is intended that this code be liberally construed to effectuate
the purposes as stated herein.
The following terms wherever herein or referred to in this code
shall have the respective meanings assigned to them unless a different
context:
Shall mean a building or use that is: (a) on the same lot:
or (b) subordinate to: and (c) under the same ownership of control
as: and (d) used for the purpose customarily incident to the use of
the main building.
Shall mean any grass, leaves, parts of trees, stumps, or
any other similar material, paper, cigarettes, cans, bottles, construction
waste or any manner or type of refuse.
Shall mean the condition or appearance of a building or part
thereof, characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay or neglect, lack
of maintenance or excessive use.
Shall mean those portions of a building which are exposed
to public view and the open space of any premises outside of any building
erected thereon.
Shall mean any grass, leaves, parts of trees, stumps or any
other similar material.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
(See also Refuse, Rubbish)
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard.
Shall mean any portions, parts or wholes of any usable item,
including glass, metal or similar material.
Any public nuisance known as common law or in equity jurisprudence,
or as provided by the statutes of the State of New Jersey, or in the
ordinances of the Borough of Englewood Cliffs.
Any attractive nuisance which may prove detrimental to the health
or safety of children whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes, but is not limited
to: abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash or debris.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Unsanitary conditions or conditions which render air, food or
drink detrimental to the health of human beings.
Shall mean any person living, sleeping, or having actual
possession of a dwelling unit or rooming unit.
Shall mean any person who, alone or jointly or severally
with others, shall have legal or equitable title to any premises with
or without accompanying actual possession thereof: or shall have charge,
care or control of any dwellings or dwelling unit, as owner or agent
of the owner, or as fiduciary, including but not limited to: executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate or as a mortgagee in possession regardless of how much
possession was obtained. Any person who is a lessee subletting, or
reassigning any part or all of any dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
Shall mean a lot, plot or parcel of land including the buildings
or structure thereon.
Shall mean all putrescible and nonputrescible solid wastes
including, but not limited to: garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes. (See also Garbage, Rubbish)
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials. (See also Garbage, Refuse)
Shall mean anything that is built or constructed and permanently
affixed on or under the ground or upon another structure or building.
No person shall within the limits of the borough throw, dump,
cast or deposit or permit to be maintained paper, paper products,
bottles, tin cans, containers, automobile parts, junk, unusable machines
or parts of machines, metal, trash, garbage, natural parts of foliage
including stumps, and trees, debris or other waste materials upon
open fields, woods, or private property vacant or not vacant or upon
or along any public street, highway or other public place, provided
that this section shall not be construed to prohibit the placing of
such materials as are removed from the borough by the individual,
firm, or department authorized by the borough to remove the same when
placed in suitable containers for that purpose.
No person shall keep, store, abandon or leave upon any parcel
of land, street, or parkway in the borough, any motor vehicle not
currently used for transportation and not being licensed for the current
year or which cannot be readily operated under its own power; provided
however that nothing herein contained shall be determined to prohibit
the placing, keeping, storing, or abandonment or any such motor vehicle
in a garage or other building in the borough.
No person shall litter or dump upon any property vacant or unoccupied
located within the borough any debris, junk or foliage.
No person shall permit land to be covered with, or contain,
refuse or debris resulting from the construction activities or the
demolishing of a building, which refuse or debris has remained on
the land for more than 30 days after the completion of the construction
activities or demolition work.
All owners of real property within the borough shall keep all
brush, brushes, hedges, and other plant life, growing within 10 feet
of the curbline of any public roadway and within 25 feet of the intersection
of the curbline of two public roadways, cut to a height of not more
than 2 1/2 feet where same shall be necessary and expedient for
the preservation of the public safety within the borough. This determination
shall be made by the enforcing agency on the basis that the growth
obstructs the vision of automobile operators so as to cause a hazard
to motorists and pedestrians.
Every residential and nonresidential building and the premises on which it is situated in the Borough of Englewood Cliffs previously or presently used or intended to be used for dwelling, 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 of 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 subsection 10-3.2.
In any case where the provisions of this code impose a higher
standard than set forth in any other ordinance of the Borough of Englewood
Cliffs, or under the laws of the State of New Jersey, then the standards
as set forth herein shall prevail, but if the provisions of this code
impose a lower standard than other ordinances of the Borough of Englewood
Cliffs or of the laws of the State of New Jersey, then the higher
standard contained in any such other ordinance or law shall prevail.
No certification of compliance with this code shall constitute
a defense against any violation of any other ordinance of the Borough
of Englewood Cliffs, applicable to any structure or premises.
Owners and operators shall have all the duties and responsibilities
as prescribed in this code, and no owner or operator shall be relieved
from any such duties and responsibilities nor be entitled to defend
against any charge of 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 10-6 of this code and the occupant shall not be relieved from any such duties and responsibilities 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.
Unless expressly provided to the contrary in this code, the
respective obligations and responsibilities of the owner and operator
on one hand, and the occupant on the other, shall not be altered or
affected by any agreement or contract by and between any of the aforesaid
or between them and other parties.
The exterior of the premises and all structures including retaining
walls thereon shall be kept free of any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises, and free of
unsightly or unsanitary conditions and any of the foregoing shall
be promptly removed and abated. It shall be the duty of the owner
or operator to keep the premises free of hazards and unsightly or
unsanitary conditions which include, but are not limited to the following:
a.
Refuse. Including, without limitation: junk, debris, scrap lumber,
scrap metal, inoperable machinery or parts and fragments thereof glass,
stumps and trash;
b.
Loose and overhanging objects. Including, without limitation, dead
and dying trees, accumulations of ice or other similar conditions
which by reason of their location above ground level constitute a
hazard to persons in the vicinity thereof;
c.
Ground surface hazards. Including, without limitation, holes, excavations,
breaks, projections, obstructions which constitute a hazard to persons
using the premises;
d.
Inadequate foundation wall, piers, retaining walls and columns. Foundation
walls, piers, retaining walls, columns, or similar load-bearing components
shall be kept structurally sound, free from defects and damage, and
capable of bearing imposed loads safely:
e.
Unsafe exterior facilities. Including, without limitation, exterior
porches, landing, balconies, stairs and fire escapes, all of which
shall be kept structurally sound and in good repair and shall be provided
with banisters or railings properly designated and maintained.
[Ord. No. 8925 § 2; Ord. No. 9209 § 1; Ord. No. 2014-02; Ord. No. 2014-04]
a.
Residential. The exterior of the premises, the exterior of dwelling
structures and the condition of accessory structures shall be maintained
so that the appearance of the premises and all buildings thereon shall
reflect a level of maintenance in keeping with the residential standards
of the neighborhood and/or such that the appearance of the premises
and structures shall not constitute a blighting factor depreciating
adjoining properties nor an element leading to the progressive deterioration
and downgrading of the neighborhood with the accompanying diminution
of property values.
1.
General maintenance. 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) shall be kept painted or whitewashed
where necessary for purposes of preservation and appearance, free
of broken glass, loose shingles, crumbling stone or brick or excessive
peeling paint. The grounds shall be maintained to an extent sufficient
to prevent the appearance thereof from constituting a blighting factor
depreciating adjoining properties and impairing the residential character
of the neighborhood. All residential property, both vacant or improved,
shall be maintained free of debris, foliage, tree stumps, litter or
junk.
2.
Front yard parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer the same to be done, in any front yard
area of premises occupied by a dwelling except on driveways and parking
areas constructed and installed in compliance with applicable borough
ordinances.
(a)
No person shall park any vehicle in any residential or commercial
zones except on paved areas such as driveways and parking spaces.
Parking on grass or any unimproved land shall be strictly prohibited.
3.
Sidewalks, driveways, etc. The sidewalks, driveways, walkways and
entrance stairways shall be maintained in a safe condition, such as
will not constitute a hazard to persons using the premises.
4.
Waterways, brooks, etc. All waterways, brooks, drainage ditches and
swales, to the extent that the same are located on or immediately
adjacent to the premises, shall be maintained in good conditions,
free from debris, plantings or other obstructions.
5.
Construction equipment, vehicles and/or construction materials. No
person shall keep, store or leave, either permanently or temporarily,
any construction equipment, vehicle or construction materials on any
residential lot within the Borough of Englewood Cliffs, and which
premises are not then currently being improved for development as
the result of a permit issued by the construction code official.
b.
Nonresidential. The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of
the premises and all buildings thereon shall reflect a level of maintenance
in keeping with the standards of the zoning district in which the
property is located and/or such that the appearance of the premises
and structures shall not constitute a blighting factor depreciating
adjoining properties nor an element leading to the progressive deterioration
and downgrading of the neighborhood and/or the zoning district in
which the property is located.
1.
General maintenance. 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 all fences) shall be maintained in good repair
and all surfaces thereof shall be kept painted or whitewashed where
necessary for purposes of preservation and appearance, free of broken
glass, loose shingles, crumbling stone or brick or excessive peeling
paint. The ground shall be maintained to an extent sufficient to prevent
the appearance thereof from constituting a blighting factor depreciating
adjoining properties and impairing the character of the neighborhood.
All nonresidential property, vacant or improved, shall be maintained
free of any accumulation of debris, foliage, tree stumps, litter or
junk.
2.
Conditions of approval. All conditions of approval incorporated in
resolutions or other acts of the Englewood Cliffs Borough Council
or of any duly constituted board or agency of the Borough of Englewood
Cliffs shall be adhered to and shall be construed to be continuing
conditions of approval. 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 Englewood Cliffs Borough Council or any duly constituted board
or agency of the Borough of Englewood Cliffs shall be maintained in
good and serviceable condition at all times.
3.
Windows. No storage of materials, stock, or inventory shall be permitted
in window display areas unless said areas are first screened from
public view by drapes, venetian blinds or other permanent rendering
of the windows opaque to the public view. All such screening of interiors
shall be maintained in a clean and attractive manner and in a good
state of repair.
4.
Store fronts. All store fronts shall be maintained in good repair
and all surfaces thereof shall be kept painted when necessary for
purposes of preservation and appearance. In the event repairs to a
portion of a store front are made, such repairs shall be performed
with materials identical or compatible with the materials used in
the area not undergoing repair, to the end that the appearance of
the store front shall be uniform and attractive and shall not constitute
a blighting factor depreciating adjoining properties.
5.
Awnings and marquees. 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
not constitute a nuisance or a safety hazard. In the event such awning
or marquees are not properly maintained in accordance with the foregoing,
they shall together with their supporting members, be removed forthwith.
In the event said awnings or marquees are made of cloth, plastic,
or of a similar material, said cloth or plastic where exposed to public
view shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing, or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks, or other parts of the public domain.
6.
Signs. All signs, including the structural and supporting components
thereof and all light stanchions and poles shall be maintained in
good repair.
7.
Parking lines. 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 Englewood Cliffs Borough Council or any other duly constituted
board or agency of the Borough of Englewood Cliffs.
8.
Sidewalks, driveways, etc. The sidewalks, driveways, and entrance
stairways shall be maintained in a safe condition, such as will not
constitute a hazard to persons using the premises.
9.
Waterways, brooks, etc. All waterways, brooks, drainage ditches and
swales, to the extent that the same are located on or immediately
adjacent to the premises, shall be maintained in good condition, free
from debris, plantings or other obstructions.
a.
Residential. Every dwelling and accessory structure shall be kept
structurally sound and in a state of good repair to avoid safety or
health hazards, including: terioration or corrosion are to be restored
and protected against weathering or seepage.
b.
Nonresidential. The exterior of every structure or accessory structure
(including fences and store fronts) shall be maintained in good repair
and all surfaces thereof shall be kept painted or whitewashed where
necessary for purposes of preservation of appearance. All surfaces
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint 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. All reconstruction
of walls and siding shall be of standard quality and appearance commensurate
with the character of the properties in the zoning district in which
the premises are located; such that the materials used will not be
of a kind that by their appearance under prevailing appraisals, practices
and standards will depreciate the value of the neighboring and adjoining
premises as aforesaid.
a.
Basement and cellars. Basements, cellars and crawl spaces are to
be maintained free of moisture, and ventilation shall be required
where necessary to prevent accumulations of moisture and dampness.
b.
Freedom from infestation. All parts of the premises shall be maintained
as to prevent infestation.
c.
General sanitation and safety. All parts of the premises shall be
kept in a clean and sanitary condition, free of nuisances and free
from health, safety and fire hazards.
d.
Accumulations of garbage. No accumulation or obstruction from garbage,
refuse, rubbish, or refuse shall be permitted on common stairways,
areas, balconies, porches, hallways, basements or cellars.
e.
Floors, interior walls and ceilings. Floors, interior walls and ceilings
of every structure shall be structurally sound and maintained in a
clean and sanitary condition.
f.
Floors generally. Floors shall be considered to be structurally sound
when capable of safely bearing imposed loads, and shall be maintained
at all times in a condition so as to be smooth, clean, free from cracks,
breaks and other hazards.
g.
Bathrooms, water closet compartment and kitchen floors. Bathroom
water closet compartment, shower room and kitchen floors shall be
kept at all times in a clean and sanitary condition.
h.
Walls and ceilings generally. Walls and ceilings shall be maintained
in good repair and free from cracks, breaks, loose plaster and similar
conditions. Walls shall be provided with paint, paper, sealing material
or other protective covering so that the said walls and ceilings shall
be kept clean, free or visible foreign matter, sanitary and well maintained
at all times.
i.
Stairs and railings. Interior stairs of every structure shall be
structurally sound and free from defects. Stairs shall be adequately
lighted in all places with controlled switches operable from each
story to permit safe use at night for persons ascending or descending,
except where artificial lighting for hallways and common areaways
is supplied in accordance with State law from a master control switch.
j.
Garbage disposal. All structures shall be provided with water-tight
receptacle with tight fitting covers sufficient in capacity to hold
all refuse, garbage and waste matter from said building or structure
which receptacles shall not be located nor maintained in such a manner
as to provide the creation of a nuisance or a health hazard.
[Ord. No. 2017-07 § 2]
No person shall, within the limits of the Borough of Englewood
Cliffs:
a.
Throw, dump, cast or deposit, or permit to be maintained, paper,
paper products, bottles, tin cans, containers, automobile parts, junk,
natural foliages, parts or foliage, including stumps and tree debris
or other waste materials upon open fields, woods, or private property
vacant or not vacant or upon or along any public street, highway or
other public place, provided that this section shall not be construed
to prohibit the placing or such materials as are removed from the
borough by the individual, firm or department authorized by the said
borough to remove the same when placed in suitable containers for
that purpose.
b.
No person shall keep, store, abandon or leave any parcel of land,
street, road, alley way or parkway in the borough, any motor vehicle
not currently used for transportation and being licensed for the current
year or which cannot be readily operated under its own power, provided
however, that nothing herein contained shall be determined to prohibit
the placing, keeping, storing or abandonment of any such motor vehicle
in a garage or other building in the borough.
Further, no person shall keep, store or leave any construction
equipment, vehicle or construction materials on any property within
the borough, and which properties not then currently being improved
by development as a result of a permit issued by the construction
code official's office.
c.
No person shall litter or dump upon any property, vacant or unvacant,
located within the Borough of Englewood Cliffs, any debris, junk or
foliage.
d.
Permit land to be covered with or contain refuse or debris resulting
from the construction activities or the demolishing of a building
which refuse or debris has remained on the land for more than 30 days
after the completion of the said construction activities or demolition
work.
e.
All buildings, whether residential or commercial, shall have prominently
displayed the address of said building in order to promote public
safety in regard to fire and police and rescue. Said address shall
be clearly visible from the curbline of said building or buildings.
No certificate of occupancy shall be issued for any building unless
it complies with the provisions of the subsection.
The provisions of subsection 10-7.2e shall be enforced by the construction office and/or police department as deemed appropriate.
f.
Specific requirements for numbers.
A house or building number shall be:
1.
In Arabic numerals or letters.
2.
A minimum height of three inches. If a house or building is set back
more than 50 feet from the curbline, the numbers shall have a minimum
height of six inches and be clearly legible from the street.
3.
Mounted in a secure fashion at the front of the building so as to
be clearly visible from the street.
4.
Of a contrasting color to the background and arranged in such a manner
so as to be clearly legible from the street, both day and night.
5.
At least 36 inches above ground level and so placed that trees, shrubs
and other obstructions do not block the line of sight of the numbers
from the street upon which the building fronts.
6.
If the house or building is set back from the street in a location
that the provisions of this chapter cannot be complied with, then
the owner, occupant or lessee shall, in addition to displaying the
number of the building, provide a post, rod or other type of fixture
of a substantial and permanent nature with the number and a directional
symbol affixed thereon and so located on the premises that the number
and directional symbol shall be conspicuous and visible from the street
upon which the building property fronts.
7.
All numbers shall be easily discernible at night with the aid of
an emergency support light.
g.
Violations and penalties. Any person or persons, association, firm
or corporation violating any of the terms or provisions of this chapter
shall, upon conviction, be liable to pay a fine of not less than $250
for the first offense, $500 for the second offense and $1,000 for
the third offense and the jurisdiction as to the enforcement of this
chapter shall be in the Borough of Englewood Cliffs Municipal Court.
The continuation of the offense shall, in each case, constitute a
new offense.
All members of the police department, building department, board
of health, department of public works and authorized enforcement officers
for purposes of the enforcement of the provisions of this code.
Whenever any enforcement officer determines, after appropriate
investigation, that there exists a violation of any provision of this
chapter, he or she shall give written notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided.
Such notice shall:
a.
Be in writing;
b.
Include a statement of the reasons why it is being issued;
c.
Be served upon the owner or occupant of the premises, or the agent
of either of them; provided that such notice shall be deemed to be
properly served if a copy thereof is served upon such person, personally,
or sent by certified or registered mail to his last known address;
or posted in a conspicuous place in or about the premises affected
by the notice. Such notice shall also state that, unless within 10
days from service of the notice, the condition complained of is abated,
a municipal court summons will be issued and/or the borough will undertake
to abate the violation and charge a lien on the property as hereinafter
provided. A copy of the Notice shall also be sent to the borough clerk.
Whenever the enforcement officer finds that an emergency exists
which requires immediate attention to protect the public health or
safety, he or she may, without notice, issue an order reciting the
existence of such an emergency and requiring that such action be taken
as he deems necessary to meet the emergency. Notwithstanding any other
provisions of this chapter, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately,
but upon petition to the enforcement officer, shall be afforded a
hearing as soon as possible. In the event the order is disregarded
by the property owner or person to whom the order is directed, the
enforcement officer shall have the right to notify the borough clerk
for the purpose of instituting immediate remedial action, the cost
of which shall result in a lien on the premises. After such hearing,
the enforcement officer shall continue such order in effect, or modify
or withdraw it.
Any person who shall violate any of the provisions of this chapter
or may be promulgated hereunder shall, upon conviction, be punished
by a fine not to exceed $1,000, or by imprisonment in the county jail
for a period not to exceed 90 days or by both such fine and imprisonment,
and each violation of any of the provisions of this chapter and each
day that such violation shall continue shall be deemed to be a separate
and distinct offense.
In addition to the foregoing, and all other remedies available
to the borough, the borough treasurer, upon appropriate notification
from the mayor and council (after appropriate certification from the
enforcement officer), shall place a lien on any property determined
by the enforcement officer to be in violation of the provisions of
this code, in the amount of any and all administrative expenses, and
any and all actual expenditures for work necessary in order to maintain
the property and/or abate the violation. The lien placed upon such
lands shall be added to and become and form a part of the taxes next
to be assessed and levied upon said lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
In addition to all of the foregoing, and all other remedies
available to the borough, the cost of removal of any offensive construction
equipment, vehicles or construction materials, refuse, hazards, overhanging
objects, vehicles, or any other offending physical object, shall be
a lien on the property, the cost of which shall be added to and become
and form a part of the taxes next to be assessed and levied upon said
lands, the same to bear interest at the same rate as taxes and shall
be collected and enforced by the same officers and in the same manner
as taxes.
It shall be unlawful for any person to throw, drop, discard,
or otherwise place litter of any nature upon any public or private
property, other than a litter receptacle.
Shall mean any used or unconsumed substance or waste material
which has been discarded whether made of aluminum, glass, plastic,
rubber, paper or other natural or synthetic material, or any combination
thereof including, but not limited to, any bottle, jar or can, or
any top, cap, or detachable tab of any bottle, jar, or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic,
or paper containers or other packaging or construction material but
does not include the waste of the primary process of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture, on private property, except by written
consent of the owner of said property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including; sidewalks
used by pedestrians in active retail commercially zoned areas, such
that as a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and substations; parks,
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service stations islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
Shall mean a container suitable for the depositing of litter.
No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All litter sweepings shall be collected and
properly containerized for disposal.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
It shall be unlawful for any vehicle to be driven, moved, stopped,
or parked, on any public roadway unless such vehicle is constructed,
covered or loaded to prevent any of its load from dropping, sifting,
leaking or otherwise escaping therefrom. Any person operating a vehicle
from which any materials which constitute litter have fallen or escaped,
which could cause an obstruction, damage a vehicle, or otherwise endanger
travelers or public property, shall immediately cause the public property
to be cleaned of all such materials and shall pay the cost therefor.
It shall be unlawful for any owner, agent, or contractor in
charge of a construction or demolition site to permit the accumulation
of litter before, during, or immediately following completion of any
construction or demolition project. It shall be the duty of the owner,
agent, or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or non-flyable debris or trash at
areas convenient to construction areas, and to maintain and empty
the receptacles in such a manner and with such a frequency as to prevent
spillage of refuse.
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
from the sidewalk and curb abutting the building or structure free
from obstruction or nuisances of every kind, and to keep sidewalks,
areaways, backyards, courts and alleys free from litter.
It shall be unlawful for any person to place, to cause to be
placed, or to hire another person to place any advertisement, handbill
or unsolicited material of any kind in or on any street, sidewalk,
building or vehicle within the community in such a manner that it
may be removed by natural causes.
[Added 6-8-2022 by Ord. No. 22-05]
[Added 6-8-2022 by Ord. No. 22-05]
a.
"Creditor" shall mean, consistent with Section 3 of P.L. 2008, c.
86, a state-chartered bank, savings bank, savings and loan association
or any credit union, or any person required to be licensed under the
provisions of the "New Jersey Residential Mortgage Lending Act," and
any entity acting on behalf of the Creditor named in the debt obligation,
including but not limited to, mortgage loan servicers.
b.
"Public officer" shall mean the Code Enforcement Officer or his/her
designee.
c.
"Vacant and abandoned" shall mean residential property shall mean, consistent with section 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate for which a notice of violation has been issued pursuant to Section 10-11 of this chapter and subsection b. of section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s). Where a notice of violation has not been issued pursuant to Subsection 11-3.3 of this Chapter and subsection b. of section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s), residential property shall be deemed "Vacant and Abandoned" where a mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to section 4 of the "Fair Foreclosure Act," P.L. 1995, c. 244 (N.J.S.A. 2A:50-56) and at least two of the following conditions exist:
1.
Overgrown or neglected vegetation;
2.
The accumulation of newspapers, circulars, flyers or mail on the
property;
3.
Disconnected gas, electric, or water utility services to the property;
4.
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
5.
The accumulation of junk, litter, trash or debris on the property;
6.
The absence of window treatments such as blinds, curtains or shutters;
7.
The absence of furnishings and personal items;
8.
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
9.
Windows or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken and unrepaired;
10.
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
11.
A risk to the health, safety or welfare of the public, or any adjoining
or adjacent property owners, exists due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
12.
An uncorrected violation of a municipal building, housing, or similar
code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
13.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
14.
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
15.
Any other reasonable indicia of abandonment.
[Added 6-8-2022 by Ord. No. 22-05]
a.
A Creditor filing a summons and complaint in an action to foreclose
on a Vacant and Abandoned property, or a Creditor who has previously
filed a summons and complaint to foreclose on a residential property
which subsequently becomes Vacant and Abandoned, shall within 30 calendar
days after the building becomes Vacant and Abandoned or within 30
calendar days after assuming ownership of the Vacant and Abandoned
property, whichever is later; or within 10 calendar days of receipt
of notice from the Borough, and annually thereafter, file a registration
statement for such Vacant and Abandoned property with the municipal
clerk on forms provided by the Borough for such purposes. Any failure
to receive notice from the Borough shall not constitute grounds for
failing to register the Vacant and Abandoned property.
b.
Each Vacant and Abandoned property having a separate block and lot
number as designated in the official tax maps of the Borough shall
be registered separately.
c.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the Creditor as the authorized agent
for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such Creditor in connection with the enforcement of any
applicable code.
d.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the Abandoned and Vacant property. The individual
or representative of the firm responsible for maintaining the Abandoned
and Vacant property shall be available by telephone or in person on
a twenty-four-hour per day, seven-day per week basis. The two entities
may be the same or different persons. Both entities shown on the statement
must maintain offices in the State of New Jersey or reside within
the State of New Jersey.
e.
The registration shall remain valid for one year from the date of
registration except for the initial registration which shall be valid
through December 31 of the year in which it was filed. The Creditor
shall be required to renew the registration annually as long as the
building remains Vacant and Abandoned and shall pay a registration
or renewal fee in the amount prescribed in Paragraph i of this section
for each Vacant and Abandoned property registered.
f.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
g.
The Creditor shall notify the municipal clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the municipal clerk for
such purpose.
h.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the Creditor.
i.
Fee Schedule. The initial registration fee for each Vacant and Abandoned
property under the provisions of this section shall be $500. The fee
for the first annual renewal shall be $1,500 and the fee for the second
annual renewal shall be $3,000. The fee for any subsequent annual
renewal beyond the second renewal shall be $5,000.
[Added 6-8-2022 by Ord. No. 22-05]
a.
A Creditor filing a summons and complaint in an action to foreclose
on a residential property within the Borough shall be immediately
responsible for the care, maintenance, security, and upkeep of the
exterior of the property, after the property becomes Vacant and Abandoned,
as defined in this chapter. This responsibility shall, include, but
not be limited to the following:
1.
Posting a sign affixed to the building indicating the name, address, and telephone number of the Creditor, consistent with Subsection 10-11.1a, the Creditor's in-state authorized agent for the purpose of service of process consistent with Subsection 10-11.2c, and the Creditor's agent responsible for the day-to-day supervision and management of the building, consistent with Subsection 10-11.2d. The sign shall be in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches.
2.
Enclosing and securing the building against unauthorized entry as
provided in the applicable provisions of the Borough Code or as set
forth in the rules and regulations supplementing those codes.
3.
Securing the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete.
4.
Ensuring that the exterior grounds of the structure, including yards,
sidewalks, walkways, rights-of-way, alleys, retaining walls, attached
or unattached accessory structures, and driveways, are well-maintained
and free from trash, debris, loose litter, and grass and weed growth,
including provision for regular grass cutting as required by Borough
code.
5.
Providing for winterization of the property by the cessation of water
service to the property and the draining of water lines, other than
buildings with a fire sprinkler system.
6.
Providing for the cessation of electric or gas utility services to
the property, other than buildings with a fire safety system.
7.
Providing for Borough access to the property to conduct exterior
and interior inspections of the building to determine compliance with
municipal codes, upon reasonable notice to the property owner or designated
agent.
b.
Where a Creditor is located out-of-State, the Creditor shall be responsible for appointing an in-State representative or agent to act on the Creditor's behalf for the purpose of satisfying the requirements of Paragraphs c and d of Subsection 10-11.2. Notice of said representative or agent shall be provided to the Borough clerk in a manner that is consistent with subsection a. of section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51a) (the "Save New Jersey Homes Act of 2008"), and shall further include the full name and contact information of the in-State representative or agent.
[Added 6-8-2022 by Ord. No. 22-05]
a.
Any public officer designated by the Borough or authorized municipal official responsible for the administration of any property maintenance or public nuisance code shall be authorized to issue a notice to a Creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Town, if an Enforcement Officer pursuant to Subsection 10-11.5 determines that the Creditor has violated this chapter by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property, consistent with Subsection 10-11.3a. Where a Creditor is an out-of-State Creditor, the notice shall be issued to the representative or agent that has been identified by the Creditor pursuant to Subsection 10-11.3b of this chapter and the Save New Jersey Homes Act of 2008.
b.
The notice referenced in paragraph a of this section shall require
the Creditor to correct the violation(s) within 30 days of receipt
of the notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
c.
The issuance of a notice pursuant to paragraph a of this Section
shall constitute proof that a residential property is "Vacant and
Abandoned" for the purposes of this chapter.
[Added 6-8-2022 by Ord. No. 22-05]
The duty of administering and enforcing the provisions of this
chapter is conferred upon the municipal clerk, construction official,
zoning officer, Borough Police, and any other duly appointed representatives.
[Added 6-8-2022 by Ord. No. 22-05]
a.
A Creditor subject to this chapter that is found by the municipal
court of the Borough, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this chapter shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this subsection shall
commence 31 days following the Creditor's receipt of the notice,
except where the violation is deemed to present an imminent risk to
the public health and safety, in which case any fines shall commence
11 days following receipt of the notice.
b.
An out-of-state Creditor subject to this chapter that is found by the municipal court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on an out-of-state Creditor for the failure to appoint an in-State representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of subsection a. of section 17 of P.L. 2008, c.127 (N.J.S.A. 46:10B-51) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
c.
A Creditor subject to this section that is found by the municipal court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to register a Vacant and Abandoned property pursuant to Subsection 10-11.2 shall be subject to a fine not exceeding $2,000. Any fines imposed on a Creditor under this paragraph shall commence 11 days following receipt of notice from the Borough pursuant to Subsection 10-11.2a.
d.
No less than 20% of any money collected by the Town pursuant to this
section shall be utilized by the municipality for municipal code enforcement
purposes, pursuant to N.J.S.A. 40:48-2.12(s)(1)(d).
