[HISTORY: Adopted by the Township Council of the Township
of Little Falls 11-14-2011 by Ord. No. 1143; amended in its entirety 2-24-2014 by Ord. No.
1189. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code
of the Township of Little Falls" and may be referred to in the short
form as the "Property Maintenance Code" or in this chapter as "this
code."
It is hereby found and declared that there exists in the Township
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance and,
further, that such conditions, including but not limited to structural
deterioration, lack of maintenance of exterior premises and vacant
lots, infestation, lack of maintenance or upkeep of essential facilities
and utilities, existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare, and reasonable
comfort of the citizens and inhabitants of the Township. It is further
found and declared that by reason of lack of maintenance and ensuing
progressive deterioration, certain properties have the further effect
of creating blighting conditions and that, by reason of timely regulations
and restrictions, as herein contained, the growth of this blight may
be prevented and the neighborhood and property values thereby maintained,
the desirability and amenities of dwellings and neighborhoods enhanced
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
and condition of the exterior of residential and nonresidential premises;
to avoid, prevent and eliminate the maintenance of or creation of
hazards to the public health or safety; to avoid, prevent and eliminate
conditions which, if permitted to exist or continue, will depreciate
or tend to depreciate the value of adjacent or surrounding properties;
to prevent the creation, continuation, extension or aggravation of
blight; to fix certain responsibilities and duties upon owners, operators
and occupants of property; and to provide for administration and enforcement
of this chapter.
Every residential and nonresidential structure and the premises
on which they are situated in the Township 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 structure
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 structure
or for the installation or repair of equipment or facilities prior
to the effective date of this code.
In any case where the provisions of this code impose a higher
standard than that set forth in any ordinance of the Township 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 any ordinance of the Township or of the laws of
the State of New Jersey, then the higher standard contained in any
such other ordinance or law shall prevail.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, be defined as follows:
The condition of a structure 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.
For the purposes of this chapter, that portion of a residential
lot existing for the purpose of parking vehicles.
The Township of Little Falls Construction Official, Zoning
Official and/or their assistants or designees, or such other Township
employee as may be designated by the Township Administrator for such
purpose. The terms "Enforcement Officer" and "Enforcement Official"
shall be used interchangeably.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent properties,
including all outside surfaces and appurtenances thereto, and the
open space on the premises outside any building or structure erected
thereon.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food by poison spraying,
fumigating, trapping or any other approved pest elimination methods.
Anything or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
That space on the same residential lot with a principal building
situated between the front street line or lines and the front line
of the building projected to the side property lines, specifically
excluding any driveway for the purposes of this chapter.
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
Any spray-painted writing, sign, symbol or picture, placed
on any exterior surface of any wall exposed to view by the public.
Any public or private condition that would constitute a "nuisance"
according to the statutes, laws and regulations of the State of New
Jersey, any of its agencies or this code; any physical condition existing
in or on the exterior of any premises which is potentially dangerous,
detrimental or hazardous to the health or safety of persons on, near
or passing in proximity of the premises where said condition exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of, residing, living or sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this chapter.
Any person, persons or entity not the owner, who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building, structure
or part thereof, as owner or agent of the owner, or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this section and
shall have responsibility over that portion of the premises so sublet,
leased or assigned.
Any container designed for the outdoor storage of personal
property, including a portable on-demand storage structure ("PODS®") or similar storage container, which is typically
rented to owners or occupants of property for their temporary use
and which is delivered and removed by vehicle.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
All combustible and noncombustible waste materials other
than garbage, and the term shall include paper, rags, cartons, boxes,
wood, tires, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and the residue from burning wood,
coal or other combustible material, solid commercial and industrial
waste, scrap construction materials and lumber, household appliances
(including, but not limited to, refrigerators, boilers, hot-water
heaters, television sets, boilers, and major appliances), scrap metal,
inoperable machinery or inoperable vehicles and parts thereof. No
chemicals such as those used in swimming pools, oil, gasoline or any
other chemical which could cause a fire, explosion or obnoxious gas
shall be considered "rubbish."
Any means of motorized conveyance, whether operable or not,
including, but not limited to, cars, boats, recreational vehicles,
motorcycles, and trailers.
Owners, operators and occupants of all real property, buildings,
and structures shall have all the duties, obligations and responsibilities
prescribed in this chapter, and no such person or entity shall be
relieved of any such duty, obligation or responsibility hereunder,
nor may any such person or entity assert as a defense against any
charge made under this chapter that another owner, operator or occupant
or any other third person or entity is also responsible therefor and
in violation thereof.
A.
Exterior of premises. The exterior of all premises shall be kept
free from hazards, which include but are not limited to the following:
(1)
Garbage and rubbish, as defined in this chapter. Garbage containers
will be permitted adjacent to the roadway in the twenty-four-hour
period customarily designated for garbage pickup by the municipality.
Containers used for the storage of garbage and rubbish shall be limited
to 50 pounds, including contents and container. Only garbage and rubbish
resulting from the actual use of the premises may be permitted on
the premises.
(2)
Unsafe structures: structurally unsafe or unsound buildings, structures
or fences or abandoned, uncovered or structurally unsound wells, shafts,
towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(3)
Discarded appliances: abandoned refrigerators, boilers, hot-water
heaters, television sets and other similar major appliances.
(4)
Natural growth; lawns and shrubs.
(a)
Natural growth: dead and dying trees and limbs or other natural
growth which by reason of rotting or deteriorating condition or storm
damage constitutes a hazard to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such condition.
(b)
Lawns and shrubs: All lawns shall be maintained. Grass shall
be cut so as not to exceed a height of seven inches tall. All hedges
and shrubs shall be trimmed to a neat appearance.
(5)
Overhangings: loose and overhanging objects, whether natural or man-made,
and accumulations of ice and snow which by reason of location above
ground level constitute a threat to the health and safety of people
if caused to fall.
(6)
Ground surface hazards: hidden or uncovered ground or surface hazards,
such as holes, sudden depressions, excavations, sharp or jagged projections
or obstructions.
(7)
Recurring accumulations of stormwater: stagnant surface water or
groundwater accumulations which create or are likely to create mosquito
or other insect breeding areas.
(8)
Infestation: rodents, vermin, pest infestations and conditions causing
same.
(10)
Inoperable vehicles: vehicles or parts thereof, including boats
and trailers, motorized or not, regardless of whether licensed or
registered, which vehicles or parts thereof are or have been abandoned,
dismantled or are in a state of visible disrepair; provided, however,
that a major overhaul, including body work, of a single vehicle of
any type is permitted to be performed inside a structure or in a similarly
enclosed area designed and approved for such purpose.
(12)
The placement of vehicles in the front yard.
(13)
The placement of any portable storage unit in the front yard.
B.
Structural soundness. Every structure and accessory structure and
every part thereof shall be kept structurally sound and in a state
of good repair to avoid safety, health or fire hazards, including
but not limited to the following:
(1)
Foundation walls: inadequate or unsafe foundation walls, piers and
columns and other similarly unsound, damaged or defective load-bearing
components which are incapable of supporting the imposed loads safely
at all points.
(2)
Exterior porches, landings, balconies, stairs and fire escapes: structurally
unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe
exterior portions of buildings or structures, including but not limited
to porches, landings, balconies, stairways, handrails, steps, walls,
overhangs, roofs, fences, supporting members, timbers, abutments,
fire escapes, signs and loose, crumbling or falling bricks, stones,
mortar or plaster.
(3)
Projecting surfaces: exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith. All exposed surfaces
susceptible to decay shall be kept at all times painted or otherwise
provided with a protective coating sufficient to prevent deterioration.
Damaged materials must be repaired or replaced. Places showing signs
of rot, leakage, deterioration or corrosion, weathering or seepage
are to be restored and protected. In addition, it shall also be the
duty and responsibility of owners, occupants or operators to keep
all exposed surfaces which have been painted or provided with a protective
coating from flaking or badly fading. For the purpose of this article,
"badly fading" means a surface which has been painted or provided
with a protective coating which has deteriorated to such an extent
that a reasonably prudent person shall deem the surface in need of
repainting or recoating, taking into consideration not only the physical
condition of the surface but also the aesthetics of the surface in
the relationship to the building or structure as a whole and in consideration
of maintaining value to the property and to maintain its integrity.
(4)
Windows, doors, etc., broken glass or windows, rotten, missing or
substantially destroyed window frames and sashes, door frames, exterior
doors or other junior exterior component parts of buildings or structures.
(5)
Exterior walls, sidings and roofs. Exterior walls, sidings, gutters
and leaders and roofs shall be kept structurally sound, in good repair
and free from defects.
(6)
Exterior chimneys. Exterior chimneys shall be maintained in a structurally
sound condition, free from defects and so maintained as to capably
perform at all times the functions for which they were designed.
C.
Steps, walks, driveways and parking lots. Steps, walks, driveways,
parking lots, parking spaces and similar paved areas shall be maintained
so as to afford safe passage under normal use and weather conditions.
Any holes or other hazards that may exist shall be filled, or necessary
repairs or replacement shall be performed promptly.
A.
Coordination of enforcement. Inspection of premises and the issuing
of orders in connection therewith under the provisions of this code
shall be the exclusive responsibility of the Enforcement Official
and/or his or her assistants or designees. Wherever in the opinion
of the Enforcement Official it is necessary or desirable to have inspections
of any condition by any other department, he shall arrange for this
to be done. No order for correction of any violation under this code
shall be issued without the approval of the Enforcement Official,
and it shall be the responsibility of that official before issuing
any such order to determine that it has the concurrence of any other
department or official of the government concerned with any matter
involved on the case in question.
B.
Inspections. The Enforcement Officer is authorized to enter upon
any land at any reasonable time for the purpose of performing his
duty under this code.
C.
Enforcement procedure. Whenever an Enforcement Official determines
that there is or has been a violation of any provision of this chapter,
he shall give notice of such violation to the person, persons or entities
responsible therefor under this section. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by certified and regular mail to the last
known address of the person or entity upon which the same is served,
as shown by the most recent tax records of the municipality, or a
copy thereof handed to said person or persons, or a copy thereof left
at the usual place of abode or office of said persons or entities.
Notice shall be given as aforesaid within or without the municipality.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted within 10 days of the date of service
of such notice (exclusive of the date of service), a summons shall
be issued for such violation. The Enforcement Officer may extend the
period for compliance with the requirements of this section in regard
to the violation stated in the notice for a period in excess of the
aforesaid 10 days if, in his judgment, the abatement, removal, prevention,
cessation or cure of the condition violated cannot reasonably be effected
within the ten-day period, and in such cases, the Enforcement Officer
shall state such reasonably required extended period in the notice,
which shall then be applicable instead of the aforesaid 10 days, such
extension not to exceed 30 days. In the event that the violation is
not abated, removed, cured, prevented or desisted from or otherwise
fully remedied within said ten-day period or within such extended
period as set forth in the notice, a summons may be issued against
the person, persons, entity or entities so notified. If a person,
persons, entity or entities are issued a notice for a violation of
this chapter and thereafter such person, persons, entity or entities
fail to abate, cure, prevent or remedy the violation, the Mayor and
Council of the Township of Little Falls may authorize the Township
of Little Falls to take such action as deemed necessary to remedy
said violation and condition, and the cost of said remedy, together
with any other charges incurred, shall be a principal lien against
the real property upon which said costs and charges were incurred
in the same manner of real property taxes, such costs to include the
manpower cost per hour of Township employees required to complete
said remedies as certified by the Director of Public Works, direct
costs for materials, and costs of any third-party contractor.
D.
Emergency conditions.
(1)
Whenever the Enforcement Officer finds that an emergency condition
in violation of this chapter exists, which condition requires immediate
attention in order to protect the public health or safety, he may,
without a hearing, issue an order reciting the existence of such a
hazardous or serious violation or emergency and requiring that such
action be taken as he deems necessary to meet the emergency or to
remedy the hazardous or serious violation. Notwithstanding the other
provisions of this chapter, such order shall be effective immediately
but upon petition to the Enforcement Officer shall be afforded a hearing
as soon as possible. After such hearing and decision by the Enforcement
Officer, depending upon his findings as to whether or not the provisions
of this chapter have been complied with, the Officer shall continue
such order in effect, or modify or withdraw it, subject to the issuance
of a summons for violation thereof if such order is continued.
(2)
In the event that the owner of the premises fails to correct said
emergency condition within the period set forth in such order and
such emergency condition is a hazard or inimical to public health
and safety, the order may provide for the Township of Little Falls
to take such action as deemed necessary to remedy said emergency condition,
and the cost of said remedy, together with any other charges incurred,
shall be a principal lien against the real property upon which said
costs and charges were incurred, such costs to include the manpower
cost per hour of Township employees required to complete said remedies
as certified by the Director of Public Works, direct costs for materials,
and costs of any third-party contractor.
Any person or entity who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable as follows:
In any case where a provision of this chapter is found to be
in conflict with or inconsistent with a provision of any other ordinance
which establishes a lower standard for the promotion and protection
of the safety, health and welfare of its inhabitants, the provisions
of this chapter shall prevail, and such other ordinance or parts thereof
are hereby declared to be repealed to the extent that they may be
so found to be in conflict with this chapter.
