[Adopted 7-8-1997 by Ord. No. 20-97]
The purpose of this article is to protect the
City of Long Branch and thereby the population of the same from the
increasing burden of costs incurred by the City in maintaining neglected
and/or abandoned property which has become dangerous to the citizens
of the City of Long Branch as a whole and detrimental to the life,
health, property and safety thereof.
The provisions of this article are remedial
and shall apply to the condition of all land and materials thereon,
whether man-made or natural, and premises and the use, occupancy,
structural condition, removal and demolition of all structures and
appurtenances connected or attached thereto, irrespective of their
date of construction, alteration, repair or installation.
A.
Except for emergency circumstances, this article shall be enforced only after violations have first been brought to the attention of the owner (as defined herein) of the premises by the issuance of a violation notice and a reasonable time and full opportunity for voluntary compliance has been afforded to said owner as enumerated in § 262-10.
B.
After such notice and reasonable opportunity for compliance,
the City may proceed to enforce this and other Code sections in Municipal
Court and the Superior Court to recoup all costs incurred by the City
in remediating said violation, including attorneys' fees and costs.
The following terms, wherever used herein or
referred to in this article, shall have the respected meanings assigned
to them, unless a different meaning clearly appears from the context:
Any vehicle, including a trailer, which is without a currently
valid license plate and is in either a rusted, wrecked, discarded,
dismantled, partially dismantled, inoperative or an abandoned condition.[1]
To allow or cause deterioration of structures and/or premises,
including unsightly conditions which affect the health, welfare and
safety of the community, including any diminution in property values
of the surrounding area.
The revised Municipal Ordinances of the City of Long Branch
and those documents, statutes, regulations and rules adopted by reference
therein.
A building or buildings, or any part thereof, and the lot
or tract of land upon which the building or buildings are situated,
where commercial activity of any kind takes place. Commercial activity
shall include but is not limited to gasoline service stations; stores
for retail sales; liquor stores, taverns and inns; restaurants, including
but not limited to drive-in restaurants, snack bars, hot dog, hamburger
or ice cream stands; professional activities, including but not limited
to medical, dental, legal, architectural and accounting; personal
services, including but not limited to real estate, insurance, barbershops
and hairdressers; repair shops of all kinds; and amusements, including
but not limited to movies, skating rinks and bowling alleys; whether
part of a shopping area or not. Commercial activity shall not include
sale of agricultural products produced on the premises.
The condition of a building or structure or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
missing members, rusting or other evidence of physical decay or neglect,
lack of maintenance or excessive use.
A room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking and eating.
Any premises or land or any part thereof of any building
or structure or any part thereof which may be lawfully viewed by the
public or any member thereof.
Open space on the premises outside of any building located
thereon.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and/or consumption of food. (See also
"refuse" and "rubbish.")
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, home laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
or utility rooms. Other rooms or spaces that are not used frequently
or for an extended period of time or have less than 50 square feet
of interior floor area shall not be considered as habitable rooms.
Any condition, man-made or natural, which may afford a breeding
place or hiding place for rodents, insects or other pests.
The presence of insects, rodents, vermin or other pests on
the premises which constitutes a health hazard either to the occupants
of the premises and/or to surrounding properties and/or residents.
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more units of dwelling
space are occupied or intended to be occupied, or as defined in the
Hotel and Multiple Dwelling Act, N.J.A.C. 5:10, as amended.
Any public nuisance recognized in common law
or in equity jurisprudence or as provided by the statutes of the State
of New Jersey or the ordinances of the City of Long Branch.[2]
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building on the
exterior of premises or upon an unoccupied lot. Attractive nuisances
include but are not limited to abandoned swimming pools, abandoned
ice boxes and/or refrigerators, motor vehicles, any structurally unsound
fences or structures, lumber, trash, fences, debris or holes and/or
excavations or vegetation, such as poison ivy, oak or sumac, which
may prove hazardous for inquisitive minors.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
Inadequate or insanitary sewerage or plumbing
facilities in violation of the Uniform Constitution Code, N.J.A.C.
5:23-1 et seq., as amended, and this Code and any laws, regulations
and rules adopted thereby.
Insanitary conditions or anything offensive
to the senses or dangerous to health in violation of this Code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards/dangerous conditions or any dangerous
or hazardous conditions that are outlined as follows:
Dangerous conditions that are liable to cause
or contribute to the spread of fire in or on said premises, building
or structure or endanger the occupants thereof.
Conditions that would interfere with the efficiency
and use of any fire-protection equipment.
Obstruction to or on fire escapes, stairs, passageways,
doors or windows liable to interfere with the egress of occupants
or the operation of the Fire Department in case of fire.
Accumulations of dust or waste material in air-conditioning
or ventilating systems or grease in kitchen or other exhaust ducts.
Accumulations of grease on kitchen cooking equipment
or oil, grease or dirt upon, under or around any mechanical equipment.
Accumulations of rubbish, waste, paper, boxes,
shavings or other combustible materials or excessive storage of any
combustible material.
Hazardous conditions arising from defective
or improperly used or installed electrical wiring, equipment or appliances.
Hazardous conditions arising from defective
or improperly installed equipment for handling or use of combustible,
explosive or otherwise hazardous materials.
Insufficient ventilation or illumination in
violation of this Code.
Any person having actual possession of the premises or any
part thereof.
Any person who has charge, care or control of a dwelling
or premises or any part thereof, whether with or without the knowledge
and consent of the owner.
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 who shall have charge,
care or control of any dwelling unit as owner or agent of the owner
or as executor, executrix, administrator, administratrix, trustee,
receiver or guardian of the estate or as a mortgagee in possession,
regardless of how such possession was obtained. Any person who is
a lessee subletting or assigning any part of any dwelling or 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.
All individuals, associations or corporations who have interest
of record in a building, structure or property and any who are in
actual possession thereof.
Includes all manner of corporations and commercial entities
as well as individuals.
The control and elimination of insects, rodents, vermin,
vegetation and fungus.
A lot, plot or parcel of land, including the buildings or
structures thereof.
Any officer who is in the employ of any department or branch
of the government of the City of Long Branch, County of Monmouth or
State of New Jersey, relating to health, police/public safety activities,
fire, property maintenance, code enforcement, building regulations
or to other activities concerning buildings and land in the municipality.
The City Administrator is hereby designated to serve as the
public officer hereunder, and all inspections, regulations, enforcement
and hearings on violations of the provisions of the following Code
sections, unless expressly stated to the contrary, shall be under
his direction and supervision. He may appoint or designate such other
local public officers or employees to perform duties as may be necessary
to the enforcement of this Code, including but not limited to the
making of inspections and the holding of hearings.
Any putrescible and nonputrescible solid waste (except bodily
waste), including but not limited to garbage, rubbish, ashes, street
cleanings, offal, abandoned automobiles and solid market and industrial
wastes. (See also "garbage" and "rubbish.")
Nonputrescible solid waste consisting of both combustibles
and wastes, such as paper, wrappings, cigarettes, cardboard, tin cans,
yard clippings, leaves, wood, glass, bedding, crockery and similar
materials. (See also "garbage" and "refuse.")
One or more buildings or parts thereof designed or existing
as a unit, occupied or to be occupied by one or more businesses for
the conduct of retail sales with parking space.
The exterior of the premises, the exterior of
structures and the condition of accessory structures shall be maintained
so that the appearance of the premises and structures shall not constitute
a blighting factor for adjoining property owners. Such maintenance
shall include the following:
A.
In a residential zone, there shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials and/or vehicles relating to commercial or industrial uses unless permitted under Chapter 345, Zoning.
B.
Premises with landscaping and lawns, hedges and bushes
shall be kept trimmed and from becoming overgrown and unsightly where
exposed to public view and where the same constitute a blighting factor
depreciating adjoining property.
C.
Reconstructed walls and sidings of nonresidential
structures shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front such that the materials
used will not be a kind that, by their appearance under prevailing
appraisal practices and standards, would depreciate the values of
the neighboring and adjoining premises as aforesaid.
D.
The exterior of every structure or accessory structure,
including fences, shall be maintained in good repair. The same shall
be maintained free of broken glass, loose shingles, crumbling stone
or block, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance, to the end that the property
itself may be preserved safely, fire hazards eliminated and properties
protected from blighting influences. Sidewalks and driving and/or
parking areas shall be maintained in good repair.
[Amended 10-27-1998 by Ord. No. 36-98]
A.
Outside building walls shall not have any holes, loose
boards or any broken or missing members or cracked or damaged finish
which admits rain, cold air, dampness, rodents, insects and/or vermin.
B.
Every building shall be so maintained as to be weathertight,
watertight and verminproof. All exposed surfaces thereof subject to
deterioration shall be protected against weathering by a protective
coating appropriate for the particular material involved, as needed.
C.
Basements, cellars and crawl spaces shall be free
of moisture resulting from seepage, and cross ventilation shall be
required where necessary to prevent accumulation of moisture and dampness,
shall be paved with stone or concrete not less than four inches thick
and shall be maintained at all times in a condition so as to be smooth,
clean and free from cracks, breaks and/or other hazards. This subsection
does not apply to single-family owner-occupied dwellings.
D.
All parts of the premises shall be maintained so as
to prevent infestation.
E.
All parts of the dwelling shall be kept in a clean
and sanitary condition, free of nuisance and free from health, safety
and fire hazards.
F.
Every roof, roof gutter, flashing, rainwater conductor
and roof cornice shall be weathertight, raintight and verminproof
and shall he kept in good repair.
A.
The owner or operator shall have the duty and responsibility of removing garbage whenever a janitor is required for the premises in accordance with the provisions of Subsection C.
B.
All accumulations of trash and debris shall be removed
daily from collection areas and trash chutes if a trash compactor
is not provided or if the existing trash compactor is out of order.
In a dwelling containing four or more dwelling units, storage areas
or storage bins of fireproof construction and containing fireproof
walls and partitions of at least two hours', rating shall be provided,
except when storage areas are outside and not adjoining the building.
C.
In every dwelling containing three or more dwelling
units or rooming units, or combinations thereof, the owner shall provide
or designate a superintendent, janitor, caretaker or housekeeper who
shall at all times maintain the premises in compliance with this Code
and keep the premises free from filthy garbage, refuse and rubbish
and who shall be responsible for the daily collection of garbage and
other refuse from the occupants on a regular schedule. Said person
shall be regularly available on the premises to perform the foregoing
duties in accordance with N.J.A.C. 5:10. In the event that said superintendent,
janitor, caretaker or housekeeper fails to comply with the provisions
of this Code, actions of the superintendent, janitor, caretaker or
housekeeper or alternative individuals referred to in this Code, even
in disobedience of instructions received from the owner or operator,
shall not relieve the owner or operator from the duties and responsibilities
imposed by this Code. It shall be the obligation of the owner or operator
to register the name, address and telephone number of said owner and
operator with the public officer in accordance with the applicable
provisions of this Code.
D.
Exterior parking areas, pedestrian walkways or other
portions of the premises subject to regular and recurrent use by occupants
at night shall be illuminated continually from 1/2 hour before sunset
to 1/2 hour after sunrise unless the lighting is connected to a dusk-to-dawn
photoelectric control device to enable safe passage of persons of
normal vision.
E.
All interior walls, ceilings and other exposed surfaces
in units of dwelling space shall be kept smooth, clean, free of flaking,
loose or peeling paint, plaster or paper and capable of being maintained
free of visible foreign matter and vermin and in a sanitary condition.
If and where necessary to accomplish the foregoing or any part thereof,
such interior surfaces shall be spackled, painted, papered or otherwise
provided with a protective coating appropriate for the surface material
and shall be done at least once every three years unless it is clearly
unnecessary. Responsibility for the cost of said painting, papering,
surface preparation or other protective coating shall be as set forth
in the lease to the premises. Where the lease makes no provision for
said cost, it shall be presumed to be the responsibility of the landlord.
It shall also be the responsibility of the landlord when required
to correct conditions under this article other than normal wear and
tear.
No person, owner, occupant and/or tenant of
a residential property in the City of Long Branch shall rake, blow,
push and/or drag leaves from his property onto the public streets
of the City of Long Branch, except as prescribed by ordinance.
No owner, occupant and/or tenant of residential
properties in the City of Long Branch shall place, put or stack branches,
trees or parts of trees in any paved right-of-way. Branches, trees
and/or parts of trees may be placed immediately adjacent to the curb
of the premises in question so as not to block the sidewalk extending
not further than three feet from the curb. Such placement may occur
not sooner than one day prior to scheduled pickup of branches, trees
and/or parts of trees after having scheduled such pickup with the
Department of Public Works of the City of Long Branch.
After inspection or the discovery of violations of this or any chapter of this Code, except as to emergency circumstances (see § 262-18 hereof), the enforcement officer, upon first determining that a violation of this or any chapter of this Code exists, shall issue a written violation notice advising the owner of the property in violation of the following:
A.
Nature of the violation(s), stating applicable Code
sections.
B.
A reasonable time, not to exceed 60 days, to achieve
voluntary compliance.
C.
If this notice is not complied with, then the City
of Long Branch shall issue a summons, to be heard in the Municipal
Court of the City of Long Branch, which Court shall hear the matter
within 60 days of the issuance of such notice.
D.
A violation notice need not be issued when conditions
constitute an emergency and present an eminent or immediate threat
of danger to human life or limb, health, property or the public safety.
E.
Upon evidence of good faith efforts to commence compliance
with such notice, the enforcement officer may, in his sole discretion,
grant a reasonable extension of the time to complete compliance.
In case any notice provided in § 262-10 is not complied with, the enforcement officer may institute an action in a court of competent jurisdiction to:
A.
Restrain, correct or remove the violation.
B.
Prevent the trespass, occupation or use of the structure
in violation of or not in compliance with the provisions of this article.
C.
Order the payment of the civil penalty authorized
by this article.
D.
Order such other relief as shall be just or equitable
to secure and protect the general public from conditions on premises
found to be dangerous or detrimental to human life, limb, health,
property or safety.
The enforcement officer shall issue a written
notice to vacate and to repair or remove whenever:
A.
An emergency circumstance that exists and presents
an eminent or immediate threat of danger to human life or limb, health,
property or the public safety.
B.
Voluntary compliance with the violation notice is
not achieved within the time indicated and a municipal court adjudication
has not resulted in abatement of the violation.
C.
Hearing.
(1)
Within 10 days of the issuance of this notice, a hearing
shall be held before the public officer as defined in this article,
at which time there will be an administrative determination of the
violation in this matter. The hearing shall follow these procedures:
the owner and parties in interest shall be given the right to file
an answer to the complaint and to appear in person or otherwise and
give testimony at the time and place fixed in the complaints; and
the rules of evidence prevailing in courts of law or equity shall
not be controlling in such hearings. Upon the termination of this
hearing, the public officer shall make an immediate finding as to
whether or not the violation charged has been substantiated and proven.
If the violation has been proven by a preponderance of the evidence,
then the public officer shall give the property owner an amount of
time to cure the violation no greater than 60 days from the date of
the hearing.
[Amended 10-27-1998 by Ord. No. 36-98]
(2)
A finding of guilt in the Municipal Court or any court
of competent jurisdiction shall create a presumption that a violation
exists, and the burden shall then be on the property owner to rebut
the presumption by clear and convincing evidence that the violation
has been abated.
Whenever the enforcement officer shall issue
a violation notice or notice to vacate and repair or remove, he shall
give such notice to the owner of record or agent as defined in this
article of the Code and to the person in control of the premises if
the same may be located with reasonable effort, by return receipt
registered or certified mail or by personal service issued through
an officer of the City of Long Branch or through other legally accepted
means. Service on nonresidents or persons who cannot be found in the
City of Long Branch shall be made by sending a copy of such notice
to the owner of record by registered or certified mail to such owner's
last known address.
A.
In the event that the owner of record fails to comply
with a notice to vacate, repair or remove within the time period enumerated
in the order given by the public officer, or in the event that there
exists an emergency circumstance which presents an eminent or immediate
threat of danger to human life or limb, health, property or public
safety, the enforcement officer may enter the premises concerned and
cause the same to be repaired or removed and any dangerous conditions
to be remedied, as the case may be, and any violation to be abated
at the expense of the owner of record as defined by this article.
B.
The enforcement officer shall certify as to the steps
that were taken to abate the nuisance, violation or eminent and immediate
threat and the costs incurred thereby.
A.
The City of Long Branch by resolution may instruct
any department or agency thereof to clean property or abate violations,
nuisances or emergency circumstances which present eminent or immediate
threat of danger to human life or limb, health, property or public
safety, as defined under this article of the Code, or hire an independent
contractor to do the same as such situations arise.
B.
The municipality may enact a resolution which will
contain a list of contractors available for such work. Such resolution
may be enacted on an annual basis, and the same shall be sufficient
for the incurrence of such costs which are less than the legal amount
which would require public bidding.
A.
Costs of cleanup, remediation, abatement or correction
of other violations as defined in this or any chapter of the Code,
including but not limited to relocation fees, shall be certified to
the Tax Collector, to be enforced on a parody as and with the lien
for unpaid real estate taxes. Said expenses shall thereby constitute
a lien on the premises and shall be entered on the tax records kept
by the Tax Collector and shall be collectible as are overdue taxes
pursuant to this Code.[1]
B.
The municipality may bring an action in the Superior
Court to recoup any and all costs and fees not made a part of a tax
lien, including attorneys' fees incurred in the abatement process
and in the effort to recoup costs.
[Added 3-10-1998 by Ord. No. 5-98]
A.
Fees shall be as follows:
(1)
Cutting and/or clearing and removal of grass, weeds,
overgrowth and brush:
|
Property Size
|
Growth Height Up to 12 Inches
|
Over 12 Inches
|
|---|---|---|
|
Up to 2,500 square feet
|
$ 75
|
$100
|
|
2,501 to 5,000 square feet
|
$100
|
$150
|
|
Over 5,000 square feet
|
$200
|
$225
|
(8)
Repair of excavations of dangerous conditions of property:
(9)
Towing/vehicle removal:
(a)
Police Department SOP will be used to remove
abandoned/unregistered vehicles.
B.
All of the fees set forth above shall be first certified
to the Administrator of the City of Long Branch and the Chief Financial
Officer of the City of Long Branch then shall be added as liens against
the property through the Office of the Tax Collector. In addition,
any and all filing fees incurred by the Office of the Tax Collector
shall be includable as additional liens.
[Amended 10-27-1998 by Ord. No. 36-98]
A.
Whenever the public officer finds that an emergency
exists which requires immediate action to protect the public health
or safety, he may, without notice or hearing, issue an order requiring
that such action be taken as he determines necessary, applying the
statutes and provisions of this article to meet the emergency, and
such order shall be effective immediately, and any person to whom
such order is directed shall be obliged to comply immediately. Any
such person may petition to the public officer for a hearing on such
order, which hearing shall be conducted not later than five days after
receipt of this petition.
B.
In the event that the public officer orders immediate action by the City of Long Branch's Department of Public Works, or such independent contractor as may be hired by the City, to protect the public health or safety pursuant to Subsection A hereof, the following costs and fees shall be charged to the affected property owner or owners for such emergency work, and which costs and fees shall be a lien against the subject property and collectible as provided in § 262-16 of this article:
(1)
During regular work hours: at an amount to be established
by the Council of the City of Long Branch on an annual basis via resolution.
(2)
After working hours: at an amount to be established
by the Council of the City of Long Branch on an annual basis via resolution.
(3)
Holidays and Sundays: at an amount to be established
by the Council of the City of Long Branch on an annual basis via resolution.
(4)
Materials and equipment used to be charged based upon
costs incurred by the City.
In any case where the provisions of this article
impose a higher standard then set forth in any other ordinance of
the City of Long Branch or other laws within the State of New Jersey,
then the standards set forth herein shall prevail; but if the provisions
of this article impose a lower standard then any other ordinance of
the City of Long Branch or other laws within the State of New Jersey,
then the higher standard contained in any such other ordinance or
laws shall prevail.
