This article shall be known as the "General Property Maintenance Code" and may be referred to hereafter as "this Code."
[Adopted 5-22-2025 by Ord. No. 25-07[1]]
[1]
Editor's Note: This ordinance also repealed former Art. V, Residential Property Maintenance, adopted 4-14-2022 by Ord. No. 04-22; amended 10-10-2024 by Ord. No. 24-23.
The provisions of this Code shall apply to all residential and nonresidential structures, and premises on which same are situated in the Borough of Rockaway and shall constitute the minimum requirements and standards for all such structures, premises and property for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupants of existing structures and premises, and for administration, enforcement and penalties.
A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Rockaway, being marked and designated as the "International Property Maintenance Code," 2024 edition, as published by the International Code Council, are hereby adopted and incorporated as the General Property Maintenance Code of the Borough of Rockaway, County of Morris and State of New Jersey, to provide additional and supplemental regulations of the conditions and maintenance of all residential and nonresidential structures, premises and property; by providing additional standards and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and each and all of the regulations, provisions, conditions and terms of said International Property Maintenance Code, 2024 edition, are hereby referred to, adopted, and made a part hereof, as if set forth fully herein, with the additions, insertions, modifications, deletions and changes, if any, prescribed in § 197-58 of this article.
The above adopted provisions of the International Property Maintenance Code are hereby amended and revised as follows:
A.
Section 101.1 is amended to insert "Borough of Rockaway."
B.
Section 101.2.1 is amended and revised to provide for the adoption of Appendix A, Boarding Standard, of the International Property Maintenance Code.
C.
Section 102.3 is amended and revised as follows: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of State Uniform Construction Code Act, the State Uniform Safety Act, the ordinances of the Borough of Rockaway and the laws of State of New Jersey and by federal law.
D.
Section 103 is deleted in its entirety.
E.
Section 104.2 is deleted in its entirety.
F.
Section 105.7 is deleted in its entirety.
G.
Section 106 is deleted in its entirety.
H.
Section 107.2 is amended and revised as follows: The official code shall serve notice of violation in accordance with the provisions of this article.
I.
Section 107.3 is deleted in its entirety.
J.
Section 108.1 is amended and revised as follows: All such stop work orders shall be issued in the manner and means authorized by law.
K.
Section 109, Unsafe Structures, is amended and revised as follows: Notwithstanding any other provision of this Code, when a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such shall be referred to the Public Officer in accordance with Chapter 109, the Construction Official and/or such other authorized officer or official of the Borough for further action. The provisions of this Code may be taken into account by the Public Officer for purposes of Chapter 109.
L.
Section 110 is deleted in its entirety.
N.
Section 302.4 is deleted and replaced in its entirety as follows:
Weeds. Premises and exterior property shall be maintained free of weeds or plant growth in excess of 12 inches. For purposes of this article weeds shall be defined as all grasses, annual plants and vegetation, other than trees, shrubs, cultivated flower beds and gardens. This Code shall not apply to invasive and pervasive weeds and plants not reasonably capable of control and that grow and spread naturally and spontaneously without planting or human assistance.
O.
Section 304.14, insert dates in both locations: April 1 to November 1.
P.
Section 602.3, insert dates in both locations: October 1 to May 1.
Q.
Section 602.3, insert dates in both locations: October 1 to May 1.
R.
The Code is further amended and supplemented to add the following: This Code shall not apply to municipal, County, State and Federal structures, premises and property and any other structure, premises or property that is exempt from, or not otherwise subject to, regulation by the Borough of Rockaway.
S.
The Code is further amended and supplemented to add the following: Notwithstanding any other provision of the Code to the contrary, any and all unsafe structures, conditions and equipment shall be assessed, addressed, repaired, restored, corrected and/or abated in accordance with the State Uniform Construction Code Act, the State Uniform Safety Act, and any other standards or procedures required by the laws of State of New Jersey and by federal law and under the direction, supervision and authority of the appropriate enforcement officer or official. Nothing in this Code shall be construed to cancel, modify or set aside any provision of the Uniform Construction Code and Ordinances of the Borough of Rockaway.
U.
The Code is further amended and supplemented to add the following: All references to "misdemeanor" shall be replaced with "ordinance."
It shall be the duty and legal responsibility of the owner, owner's authorized agent, operator or occupant of premises to comply with any or all of the requirements and standards of this article, to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions.
A.
This Code establishes minimum standards for the maintenance of all premises, property and structures in the Borough of Rockaway. Every premises, property and structure shall comply with the provisions of this Code, whether or not such structures 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 any structure or repair of equipment or facilities prior to the effective date of this Code. This Code shall not be construed to replace or lessen standards otherwise established for the construction, repair, alteration, installation, use or continued use of any premises, property and structure prior or subsequent to the adoption of this Code.
B.
This Code does not replace or modify standards established in Article II of this chapter with respect to nonresidential property. This Code shall be construed, and is intended to supplement the provisions of Article II as it pertains to the regulation and enforcement of property maintenance standards for nonresidential property.
C.
Vacant residential lots, lands and premises are also required to comply with the provisions of this article.
A.
Nothing in this article shall be construed as repealing or amending any provision of any other municipal ordinance regulating or controlling property maintenance or any portion thereof which, by its terms, regulate, set standards for or control property maintenance or its incidental activities either directly or indirectly, or which further the general purposes of this article in any way.
B.
In any case where the provisions of this Code impose a higher or stricter standard than set forth in any other ordinance or regulation of the Borough of Rockaway or under the laws or regulations of the State of New Jersey or any of its agencies, then the standards as set forth herein shall prevail; but if the provisions of this Code impose a lower, lesser or more lenient standard than any other regulation or ordinance of the Borough of Rockaway or the laws or regulations of the State of New Jersey or any of its agencies, then the higher or stricter standard contained in any other such other ordinance, regulation or law shall prevail.
C.
If any provision of this article is inconsistent with the statutes and/or regulations of the State of New Jersey or of the Federal Government, the State or Federal statutes and regulations shall prevail. Nothing in this article shall be construed to supersede any applicable federal or state laws.
D.
The provisions of this article shall control and take precedence over the Code, as incorporated by reference pursuant to this article, in the event of any conflict or inconsistency between the ordinance and the Code. In the event any provision of any other ordinance of the Borough intending or providing for an exclusive or specific means of regulation or enforcement, said ordinance shall apply and control over this article.
A.
Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this Code, and no such owner, operator or occupant shall be relieved of any duty, obligation or responsibility hereunder, nor entitled to assert as a defense against any violation of this Code the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and/or in violation hereof.
B.
Compliance with this article shall not constitute a defense against any violation of any other ordinance of the Borough applicable to any structure, premises or property, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this article.
C.
No license or permit or other certification of compliance with this Code shall constitute a defense against any violation of any other ordinance of the Borough applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision, nor any official of the Borough from enforcing any such other provision.
A.
Whenever a code official determines that there is or has been a violation of any provision of this article, the code official shall give notice of such violation to the person, persons or entities responsible thereof under this article. Such notice shall be in writing and shall include a concise statement of the basis for its issuance.
B.
Service of the notice may be made by personal service on the owner, occupant or operator; or by certified mail, return receipt requested, to the last known address of the person or entity upon which the same is served, as shown on by the most recent tax lists of the municipality; or a copy thereof left at the usual place of abode or office of such person or entity. Notice may be served either within or without the municipality. The notice shall also state that unless the violation is abated, removed, cured, prevented or desisted from within 10 days or such other reasonable period of time as prescribed, not to exceed 30 days, of the date of service of such notice, exclusive of the date of service, a summons shall be issued for the stated violation.
C.
The code official may, at the time of issuance of the notice or thereafter, extend the time for compliance if, in the judgment of the code official, the abatement, removal, prevention, cessation or cure of the condition in violation cannot reasonably be effected within the time period stated in the notice, and in such cases, the code official shall state such reasonably required extended period in the notice, which shall then be applicable instead of the time period stated in the notice.
A.
In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the time period prescribed or extended period as set forth in the notice, a summons shall then be issued against the person, persons, entity or entities charged with a violation.
B.
In addition to the issuance of summons for an unabated violation, and where it shall be necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, and upon the certification of the code official and after the approval of the governing body, the code official may provide for the removal of or destruction of overgrown brush, weeds, including ragweed, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, debris in accordance with state law.
A.
In addition to any civil and/or other penalties authorized by law, this article of the Borough Code and/or any costs associated with a lien or abatement, any person found to be in violation of any provision of this article shall, after issuance of a summons and upon conviction, for each such violation, be subject to a fine of not less than $100, nor more than $2,000. Each violation of any of the provisions of this article and each distinct offense constituting a violation shall continue shall be deemed to be a separate and distinct offense.
B.
In addition to the foregoing and all other remedies available to the Borough, where the destruction or removal is performed by the municipality by or under the direction of the code official, the code official shall obtain and certify the proposed costs thereof to the Mayor and Borough Council, who shall examine the certificate, and if found to be correct and appropriate shall authorize and direct by way of resolution the costs as shown thereon to be charged against said dwelling or lands and the amounts so charged shall forthwith become a lien upon such a dwelling or lands and shall be added to and become part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes. A copy of the resolution authorizing and directing the removal and the costs and expenses to be charged shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection thereof, with a copy of the report and resolution sent by certified mail to the owner and/or occupant of the premises. If the amount of the lien is not paid, the Tax Collector may sell the unpaid municipal lien at the next tax sale. Notwithstanding anything to the contrary contained herein, nothing shall prevent the Borough from simultaneously proceeding to collect these costs and expenses, as well as to impose fines and penalties upon the owner and occupant by commencing and continuing a proceeding in the Municipal Court of the Borough against those responsible for noncompliance with this Code.
A.
The provisions of this article shall be enforceable by the Construction Official, Zoning Officer, Health Officer, Fire Official, Property Maintenance Officer, Borough Engineer, or other authorized officer or employee of the municipality authorized to enforce the provisions of the Borough Code, all of whom, unless otherwise specified by ordinance or state law, shall be considered the "code official" for purposes of this article.
B.
Violations of the provisions, standards and requirements set forth or referenced herein may be enforced in any lawful manner the municipality may deem appropriate, including but not limited to in accordance with the provisions of this article. Notwithstanding and in addition to any other violations, fines, penalties, remedies or relief pursuant this article, any violation of this article shall also be subject to enforcement under any other applicable provision of the Borough Code. Any violation of any other Borough ordinance or of any statute or regulation, observed or suspected by the code official, will be referred to the appropriate enforcement official for further action and investigation. In addition to the aforementioned, the Borough, if appropriate, may also institute proceedings for injunction, temporary or final restraints, mandamus, abatement or other appropriate civil, equitable or other remedies to prevent, enjoin, abate or remove any violations of this article. The imposition of a fine shall not exempt the violator from compliance with the provisions of this article.