[HISTORY: Adopted by the Mayor and Council
of the Borough of Alpha as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 163.
Uniform construction codes — See Ch. 178.
Flood damage prevention — See Ch. 222.
Littering — See Ch. 253.
Nuisances — See Ch. 269.
Snow and ice removal — See Ch. 327.
Solid waste; recycling — See Ch. 334.
Stormwater management — See Ch. 340.
Inoperable vehicles and machinery — See Ch. 392.
Public health nuisances — See Ch. 433.
[Adopted 10-26-1993 by Ord. No. 489 (Ch. 91 of the 1974 Code);
amended 5-11-2021 by Ord. No. 2021-04]
A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Alpha, being marked and designated as the BOCA National Property Maintenance Code, Fourth Edition, 2018 as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Alpha, in the State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 302-2 of this chapter.
The BOCA National Property Maintenance Code is amended and revised
in the following respects:
A.
Section PM-101.1, Title (page 1, second line): insert "Borough of
Alpha."
B.
Section PM-103.5, (page 2): insert "No fees currently associated
with property maintenance."
C.
Section PM-112.4, (page 7): insert "not less than $50 or more than
$2,000."
D.
Section PM-302.4, (page 11): insert "eight inches."
E.
Section PM-304.14, (page 13): insert "from 4/1 to 11/1."
F.
Section PM-602.3, (page 23): insert "from 11/1 to 5/1."
G.
Section PM-602.4, (page 23): insert "from 11/1 to 5/1."
[Adopted 10-28-2008 by Ord. No. 2008-14]
All sidewalks, walkways, stairs, driveways, parking spaces and
similar paved areas shall be kept in a proper state of repair, free
of all snow, ice, mud, debris, overhanging trees and shrubs which
obstruct the walkways and shall be maintained free from hazardous
conditions. If any sidewalk or driveway or portion thereof by virtue
of its state of repair shall constitute a danger to public health
and safety, the sidewalk or driveway or portion thereof shall be repaired
or replaced. Steps shall comply with the dimensional requirements
for exterior stairways. Sidewalks that are heaved or cracked with
loose concrete or having open holes will constitute a violation. Sidewalks
heaved greater than one inch must be reset level or replaced. Sidewalks
heaved at or less than one inch may be filled in and blended with
the adjacent sidewalk. Blended areas shall have a maximum slope of
1:6 pitch. It shall be the responsibility of the property owner to
maintain the sidewalks, curbs and gutters in the public right-of-way
which front or border their property.
[Amended 6-10-2014 by Ord. No. 2014-08]
All premises and exterior property shall be maintained free
from weeds or plant growth in excess of eight inches (203.2 mm). All
noxious weeds shall be prohibited. "Weeds" shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not include cultivated flowers
and gardens. The property owner shall ensure that trees growing on
his or her property do not create a hazardous condition on their property
or directly upon an abutting or adjacent property, including public
rights-of-way and highways, over which his or her tree(s) has/have
grown. A hazardous condition will be deemed to exist if the tree is
decayed or dead or its branches touch a structure or interfere with
any utility wire or hang less than 13 feet above the surface of a
street or sidewalk. It shall be the responsibility of the property
owner to cut and maintain the grass strip and eliminate any hazardous
conditions upon his/her property or on the public right-of-way which
fronts or borders his/her property.
[Amended 6-10-2014 by Ord. No. 2014-08]
A.
The Borough
shall have the right, after notification to property owners, to plant,
prune, maintain and/or remove trees, plants and shrubs within the
lines of all streets, alleys, avenues, lanes, squares and public grounds,
as may be necessary to ensure public safety or to preserve or enhance
the symmetry and beauty of such public grounds.
B.
The Borough
may remove or cause or order to be removed any tree or part thereof
which is in any unsafe condition or which by reason of its nature
is injurious to sewer lines, gas lines, waterlines or other public
improvements or is affected with any injurious fungus, insect or other
pest.
C.
The Borough
may provide notice to each property owner whose property contains
hazardous conditions thereon or extending into or on the public right-of-way,
as herein described above, by doing so by personal service or certified
mail, return receipt requested. Upon notice the property owner shall
have 10 days to abate the condition, or at that point, the Borough
may take the appropriate action and charge the property owner or add
an assessment to the property or the property's tax bill. Nothing
in this subsection shall preclude the property owner from being charged
and convicted of violating this article.
Any person who shall violate any of the provisions or regulations
of this article shall, upon conviction, be punished as provided in
the Borough Code and according to the applicable New Jersey law. Each
day that such violation continues shall constitute a separate offense.
