The provisions of this article shall constitute the standards to guide the Public Officer and his agents in determining the fitness of premises for human habitation, use and occupancy and in determining whether premises are being maintained in such condition as to 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.
A. 
The words, terms or phrases listed below, for the purposes of this code, are hereby defined and shall be interpreted as follows:
BATHROOM
Any enclosed space which contains one or more of the following, i.e., bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.
BUILDING
Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
DETERIORATION
The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive wear.
EXPOSED TO PUBLIC VIEW
Any premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES
(1) 
Any part of the premises not occupied by any building thereon;
(2) 
Any open space on the outside of any building; or
(3) 
Any part of any building which is exposed to the elements.
EXTERMINATION
The control and elimination of insects, rodents, bats, birds, pigeons and vermin by eliminating their harborage places or by removing or making inaccessible material that may serve as their food or by poisoning, spraying, fumigating, trapping or any other approved means of pest elimination.
GARBAGE
The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.
INFESTATION
The presence, on or within a premises, of any insects, rodents, bats, birds and pigeons or other pests.
MIXED USE
Any building containing one or more dwelling units, rooming units or hotel or motel accommodations and also having a portion thereof devoted to nonresidential uses.
[1]
NUISANCE
(1) 
Any public nuisance known in law or equity jurisprudence, or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Cresskill.
(2) 
Any inadequately protected well, shaft, basement, excavation or abandoned motor vehicle or structurally unsound fence or building, lumber, trash, debris, storage of excavated material or vegetation such as poison ivy, oak or sumac, or other condition which is or may be detrimental to the safety or health of persons.
(3) 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
(4) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
(5) 
Fire hazards.
OCCUPANCY UNIT
Any room or group of rooms, or part thereof, forming a single usable unit (used or intended to be used or designed to be used for nonresidential purposes) and located within a building used or intended to be used or designed to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.
OCCUPANT
Any person or persons, including the owner, in actual possession of and using an entire building or any occupancy unit in a building.
OPERATOR
Any person who has charge, care or control of a premises, or part thereof, whether with or without the knowledge and consent of the owner.
OWNER
The holder or holders of the title to premises in fee simple.
PARTIES OF INTEREST
All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PERSON
Given the same meaning as defined in N.J.S.A. 1:1-2.
PREMISES
A lot, plot or parcel of land and any buildings located thereon.
PUBLIC OFFICER
The person or persons who are authorized by this Part 1 to exercise powers prescribed by this code.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Includes all combustible and non-combustible waste material, except garbage.
STRUCTURE
An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences, walls, mobile homes or trailers, portable buildings and display racks and signs.
TRANSLUCENT
The property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.
WATER CLOSET COMPARTMENT
An enclosure containing a single water closet.
WEATHERING
Deterioration, decay or damage caused by exposure to the elements.
WINDOW
An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent or translucent material.
WINDOW DISPLAY AREA
That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Meaning of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person and to females as well as males and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.
The exterior of the premises shall be kept free of litter (including, without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass) and all nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises and be kept free of insanitary 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, filth, garbage, trash, rubbish, refuse and debris of any description.
B. 
Natural growth. Dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
C. 
Overhangings. Loose, overhanging and projecting objects and accumulations of ice and snow which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof.
D. 
Ground, surface and insanitary conditions. Holes, excavations, breaks, projections, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.
E. 
Recurring accumulation of stormwater. Adequate runoff drains shall be provided and maintained in accordance with Borough ordinances to eliminate any such recurrent or excessive accumulation of stormwater. Leaders and gutters shall be maintained in good condition and capable of performing their functions.
F. 
Sources of infestation. (See § 201-12, definition of "infestation.")
G. 
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
H. 
Chimneys and flue and vent attachments thereto. Chimneys and flue 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, smoketight and capable of withstanding the action of flue gases.
I. 
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.
The exterior of the premises shall be maintained 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 Cresskill 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:
A. 
Landscaping. 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 property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris, excavated material or other unsightly or unsafe conditions.
B. 
Signs and billboards. All permanent signs and billboards exposed to public view permitted by the Zoning Ordinance and regulated by the Building Code[1] 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 the paint on which has excessively peeled or cracked shall, with the supporting members, be removed forthwith or be put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forth with.
[1]
Editor's Note: See Ch. 275, Zoning, and Ch. 101, Construction Codes, Uniform, respectively.
C. 
Windows and window display areas. All windows exposed to public view 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 nontransparent. All screening of interiors shall be maintained in a clean and attractive manner and in good state of repair.
D. 
Repair and painting of exteriors of buildings. All storefronts 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 or nuisance. In the event that repairs to the storefront 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 storefront in such a mannner as to permanently repair the damaged area or areas.
E. 
Sign or advertisement removal.
(1) 
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 at the expiration of the event or sale for which it was erected or posted or within 90 days after it was erected or posted, whichever shall have occurred sooner.
(2) 
Except during the course of repairs or alterations, not more than 33 1/3% 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.
F. 
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 be so maintained as to not constitute a nuisance or a safety hazard. In the event that 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 that any such awning or marquee is made of cloth, plastic or similar materials, said 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 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.
G. 
Scaffolding. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period of 90 days after erection or placement thereof without permission of the Public Officer.
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 appearance. 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 properties and the neighborhood protected from blighting influences.
A. 
Floors, interior walls and ceilings 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 normal 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.
B. 
The Public Officer may order the owner to clean, repair, paint, whitewash or paper such walls, floors or ceilings when a wall, floor or ceiling within a building has deteriorated so as to provide a harborage for rodents or vermin or the plaster wallboard or other covers have become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the non-resident owner responsibilities for cleanliness contained in § 201-26B.
Bathroom and water closet compartment floors, walls and ceilings, where deemed necessary by the Public Officer, shall be surfaced with water-resistant material and shall be kept in a dry, clean and sanitary condition at all times.
Supporting structural members shall be kept structurally sound, free from deterioration and capable of safely bearing imposed loads.
A. 
In buildings containing not more than four occupancy units, it shall be the responsibility of each of the occupants, and, 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 the 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 Cresskill.
B. 
Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
(1) 
Such garbage is stored in watertight receptacles of metal or other material approved by the Public Officer and covered with tight-fitting lids.
(2) 
Such rubbish is stored in nonleaking receptacles of metal or other material approved by the Public Officer.
(3) 
Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.
(4) 
When rubbish and garbage are stored inside the building, the room or area containing said rubbish and garbage shall be so constructed or protected as to prevent the spread of fire to other parts of the building or buildings.
(5) 
Such areas, if located outside of a building and visible from any public walk, street or public parking area, are shielded by a method approved by the Public Officer and c constructed in compliance with the applicable provisions of the Building Code of the Borough and in accordance with the Borough Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 101, Construction Codes, Uniform, and Ch. 275, Zoning, respectively.
C. 
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 building line or nearer to the street line than the face of the building, whichever distance from the street line is the greater, except during any cleanup week proclaimed by the Borough Mayor and Council.
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 applicable Fire Department regulations.
Every occupant of a single occupancy unit in a building comprising 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 owner and operator.
Every building shall be provided with electric service, where required, in accordance with the standards of the National Electrical Code, as amended from time to time.
Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wallplates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.
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.
In the absence of any contract or written 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 70º F. in all offices and stores therein during the normal working hours thereat 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.
A. 
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 Public Officer responsible for enforcement of this code.
B. 
All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, insanitary or unsafe or which would prevent the owner or operator from performing any duty required hereunder.