This chapter shall be known as the "Property
Maintenance Code of the Borough of Norwood" and may be referred to
in this chapter in the short form as "this code."
It is hereby found and declared that there exists
in the borough buildings and premises used for residential and nonresidential
purposes which are or may become substandard with respect to structural
integrity, equipment or maintenance, and further, that such conditions,
including but not limited to structural deterioration, lack of exterior
maintenance, infestation, lack of minimal essential heating, plumbing,
storage or refrigeration equipment, lack of maintenance or upkeep
of essential utilities and facilities, existence of fire hazards,
inadequate provisions for light and air, unsanitary conditions and
overcrowding, constitute a menace to health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the borough. It is further
found and declared that there are certain problems endemic to multiple
dwellings, and certain greater protections are necessary.
The purpose of this code is to protect the public
health, safety and welfare by establishing standards governing the
maintenance, condition and occupancy of premises situated in the borough,
used or intended to be used or designed to be used, in whole or in
part, for residential and nonresidential purposes; to establish standards
governing utilities, facilities and other physical components and
conditions essential to make such premises fit for human habitation,
occupancy and use; to fix certain responsibilities and duties upon
owners and operators and distinct and separate responsibilities upon
occupants; to prevent blighting conditions; to authorize and establish
procedures for the inspection of such premises; to correct violations
or to fix penalties for the violations of this code; to provide for
the right of access across adjoining premises to permit repairs. This
code is hereby declared to be remedial and essential for the public
interest, and it is intended that this code be liberally construed
to effectuate the purposes as stated herein.
As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED MOTOR VEHICLE
An unregistered motor vehicle or a junked motor vehicle as defined by §
224-1 of this Code, which is exposed to public view.
[Amended 8-9-2017 by Ord. No.
17:10]
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.
BOARDINGHOUSE
Any building in which there are one or more independent rooms
for sleeping, whether furnished or unfurnished, available for occupancy
by five or more persons for compensation and where there are not individual
eating facilities. Such buildings shall be governed by the provisions
applicable to multiple family dwellings.
BUILDING
A combination of materials intended to form a safe and stable
structure used for multiple dwelling residential purposes and including
any accessory buildings 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, lacking structural maintenance, whether
interior or exterior.
DWELLING UNIT
Any room or group of rooms forming a single habitable unit
which includes or is intended to include living, sleeping, bathing,
toilet and cooking facilities.
EXPOSED TO PUBLIC VIEW
Any building or 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 PREMISES
Those portions of a building which are exposed to public
view or the elements and the open space of any premises not occupied
by any building.
GARBAGE
Animal, vegetable, and other organic waste, resulting from
handling, preparing, cooling and consumption of food or other products. (See also definitions of "refuse" and "rubbish" in this
section.)
HABITABLE ROOM
A room occupied by one or more persons for living, eating
or sleeping, but not including bathrooms, laundries, serving and storage
pantries, corridors, foyers, vestibules, cellars, boiler and utility
rooms or spaces that are not used frequently or for an extended period
of time or areas that have less than 50 square feet of floor area.
INFESTATION
The presence of insects, rodents, vermin or other pests on
or within the premises.
MIXED OCCUPANCY
Any building containing two or more dwelling units and also
having a portion thereof devoted to nonresidential uses. The applicable
provisions for residential and nonresidential buildings shall control.
NONRESIDENTIAL
Refers only to the nondwelling use of a mixed-occupancy building.
NUISANCE
A.
Any public nuisance known at common law or in
law or equity jurisprudence or as provided by the statutes of the
State of New Jersey or the ordinances of the borough.
B.
Physical conditions dangerous to human life
or detrimental to health of persons, including but not limited to
any inadequately protected well, shaft, basement or excavation; abandoned
motor vehicle; structurally unsound fence, wall or building; lumber,
trash, debris or vegetation, such as poison ivy, poison oak, poison
sumac or ragweed; or other condition which is detrimental to the safety
or health of persons as well as anything which might constitute an
attractive nuisance to children.
C.
Inadequate or unsanitary sewerage or plumbing
or heating facilities in violation of this code.
OCCUPANT
Person or persons, including the owner having actual possession
of, and using a building or any part thereof.
OPERATOR
Person who has charge, care or control of a building or premises,
or any part thereof, whether acting with or without the knowledge
and consent of the owner.
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 shall have charge, care
or control of any dwelling unit as owner or agent of the owner or
as executor, administrator, trustee, receiver or guardian of an estate
or as a mortgagee in possession regardless of how such possession
was obtained. Any person who is a lessee, sublessee or assignee of
all or any part of the building 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 such lessee.
PREMISES
A lot, plot or parcel of land and any buildings located thereon,
including but not limited to sidewalks, yards and parking areas.
REFUSE
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to brush, weeds, broken glass,
debris of any description, garbage, rubbish, ashes, street cleanings,
dead animals, abandoned motor vehicles and solid market and industrial
wastes.
RESIDENTIAL
Any use or improvement, in whole or in part, of any premises
for or as a dwelling unit or dwelling units, whether or not that use
or improvement is permitted by this Code in the zoning district in
which the premises are located.
[Added 8-9-2017 by Ord. No. 17:10]
RUBBISH
Combustible and noncombustible waste materials, excluding
garbage but including liquid commercial and industrial waste.
WEATHERING
The deterioration, decay or damage caused by exposure to
the elements.
In addition to the standards and regulations
set forth in this chapter, which standards and regulations are incorporated
by reference in this section as if set forth at length herein, the
following additional standards and regulations shall apply to mixed-occupancy
buildings and premises:
A. Storage of commercial and industrial material. There
shall not be stored or used at a location exposed to public view equipment
and materials relating to commercial or business uses.
B. Standards of maintenance. The exterior of mixed-occupancy
buildings and premises shall be maintained so that the appearance
thereof shall not constitute a blighting effect upon the neighboring
properties nor an element leading to a progressive deterioration and
downgrading of neighboring properties.
C. Signs and billboards. All permanent signs and billboards
exposed to public view permitted by borough ordinance and regulated
by the Sign Ordinance or other regulations 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 its
supporting members, be removed forthwith or put into a state of good
repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supporting members, be removed forthwith. All
campaign or garage sale signs shall be removed after the event or
sale.
D. All windows exposed to public view shall be kept clean
and free of marks and foreign substances. Except when used for display
purposes, no materials, stock or inventory shall be permitted in window
areas exposed to public view unless such areas are first screened
by drapes, venetian blinds or other means of making the windows opaque.
All screening of interiors shall be maintained in a clean and attractive
manner and in a good state of repair.
E. Repair and painting of exteriors of buildings. All
storefronts and the exteriors of all mixed-occupancy 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.
[Amended by Ord. No. 96-0-22]
A. Public officer. The Borough Council shall designate
the public officer who shall serve for a term of one year to exercise
the powers prescribed by this code and by the laws of the state. The
public officer may appoint or designate such other public officials
or employees of the borough or appropriate experts who have such background
and training necessary to perform such of his functions and powers
under this code as he deems necessary for its enforcement. The public
officer may be the Construction Official.
B. Inspections. All nonresidential premises within the
borough covered by this code shall be subject to inspection from time
to time by the public officer to determine the condition thereof in
order that he may perform his duty of safeguarding the health and
safety of the persons occupying the same and of the general public.
For the purpose of making such inspections, the public officer is
hereby authorized to enter, with the express consent of the occupant,
examine and survey at all reasonable times all such premises; provided,
however, that entries are made in such a manner as to cause the least
possible inconvenience to the persons in possession.
C. Search warrant. If the public officer is denied the
right of inspection he may, upon affidavit establishing good cause,
apply to the Municipal Court or such other court of competent jurisdiction
for a search warrant to permit entry into the premises in question.
D. Notice and hearing where violation discovered.
(1) Where a violation of this code is found to exist or upon petition of at least five borough residents and investigation by the public officer, a written notice from the public officer shall be served on the person or persons responsible for the correction thereof. Notice of violations of property maintenance, building, or other property codes for any property declared vacant and abandoned pursuant to this chapter will be given to a foreclosing creditor pursuant to the procedures of §
177-15 of this Code.
[Amended 12-30-2015 by Ord. No. 15:19]
(2) The notice shall specify the violation or violations
committed, what must be done to correct or abate same, a reasonable
period of time not to exceed 30 days to make such corrections, the
right of the person served to request a hearing and that the notice
shall become an order of the public officer 10 days after the service
unless a hearing is requested pursuant to this section. The thirty-day
time limit set forth herein shall not be effective where specific
times limits are set forth in other sections of this code.
(3) Notice may be served personally on an owner, operator or occupant or agent for the owner or operator as set forth in §
177-6 of this chapter. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises where the owner or lessor cannot otherwise be served, pursuant to §
177-6. Where the notice is directed to an occupant, service may also be made by posting same on the door or entrance to the area he occupies.
(4) Ten days from the date of service of a notice, the
notice shall constitute a final order unless any person affected by
the notice requests a hearing thereon and serves a written request
within the ten-day period in person or by mail on the public officer.
Such request for a hearing shall set forth briefly the grounds or
reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The public officer, upon receipt of the request, shall
within 30 days therefrom and upon five days' notice to the party aggrieved
set the matter down for hearing.
(5) Hearing.
(a)
At any hearing required hereunder the Municipal
Court of Norwood shall conduct and decide issues presented to it.
Said hearing shall be conducted by the Judge of the Municipal Court
of Norwood.
(b)
The Municipal Court Judge shall be vested with
all the powers provided by law to compel the attendance of witnesses
and parties in interest by issuance and service of a subpoena, to
require by subpoena the production of books, records or other documents
at any such hearing which may be pertinent to matters to be determined
by it and to enforce any such subpoena or secure any other for the
enforcement of any such subpoena as provided by law. A determination
shall be made within 10 days from the completion of the hearing. The
Judge of the Municipal Court shall issue an order either incorporating
the determinations and directions contained in the notice, modifying
the same or withdrawing the notice.
(6) The Judge of the Municipal Court, where necessary,
may extend the time for correction or abatement of the violations
for an additional period of time not to exceed 30 days, except where
major capital improvements or renovations are involved, in which instance
the time for completion may be extended for a period not to exceed
90 days beyond the expiration date of the original notice.
(7) Where the violation or condition existing on the premises
is of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the public officer may either abate
the violation or condition immediately or order the owner, operator
or occupant to abate the violation or condition within a period of
time not to exceed three days, and upon failure to do so, the public
officer shall abate the condition immediately thereafter.
(8) Where abatement of any nuisance, as nuisance is defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to comply with the requirements of any municipal ordinances or state law applicable thereto requires expending borough moneys therefor, the public officer shall present a report of the work proposed to be done to accomplish the foregoing, or in the event of an immediate threat to life and limb as set forth in Subsection
D(7) of this section, the work to be done shall be presented to the Mayor and Council with the cost, or an estimate of the cost thereof, as the case may be, along with a summary of the proceedings undertaken by the public officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and order of the Municipal Court Judge with reference thereto. The Mayor and Council may thereupon by resolution authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the borough and laws of the state. The public officer may thereafter proceed to have the work performed in accordance with said resolution at borough expense not to exceed the amount specified in the resolution, and shall upon completion thereof submit a report of moneys expended and costs to the Mayor and Council. After review of the same, Mayor and Council may approve said expenses and cost, and they shall become a lien against said premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced in the same manner as are taxes. A copy of the resolution approving said expenses and cost shall be certified by the Mayor and Council and filed with the Tax Collector, and a copy of this report and resolution shall be sent by certified mail to the owner.
Any person who shall violate any of the provisions
of this code shall, upon conviction, be punished by a fine not to
exceed $500, plus any cost to the borough for enforcement of this
chapter, or by imprisonment in the County Jail for a period not to
exceed 90 days, or both such fine and imprisonment. Each violation
of any of the provisions of this code and each day the same is violated
shall be deemed and taken to be a separate and distinct offense.
[Added 12-30-2015 by Ord.
No. 15:19]
A. Pursuant to the provisions of the Public Laws of 2014, Chapter 35,
N.J.S.A. 40:48-2.12s, a creditor filing a summons and complaint to
foreclose a lien on a vacant and abandoned residential property in
the Borough will be responsible for the care, maintenance, security
and upkeep of the exterior of the residential property in accordance
with the provisions of this chapter, whether the filing of the summons
and complaint is made before or after the determination that the property
is vacant and abandoned.
B. If the public officer or other authorized municipal official determines that a creditor obligated to care for, maintain, secure and keep up a vacant and abandoned property has failed to comply with the provisions of §
177-15A, the public officer or other authorized municipal official will issue a notice of violation to the creditor that has filed a summons and complaint to foreclose the lien on the property in question. The notice will require the creditor to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice will constitute evidence that a property is vacant and abandoned for purposes of N.J.S.A. 2A:50-73.
C. An out-of-state creditor will include the full name and contact information of its in-state representative or agent in the notice required to be provided to the Municipal Clerk pursuant to Paragraph (1) of Subsection
(a) of N.J.S.A. 46:10B-51.
D. Any person, firm, corporation, or entity violating any provision of this section will, upon conviction, be punishable as provided in §
177-14 of this Code, except that:
(1) A creditor responsible for the care, maintenance, security, and upkeep of property under this section cited in a notice issued pursuant to §
177-15B will be subject to a fine of $1,500 for each day of the violation as found by a court of competent jurisdiction; and
(2) An out-of-state creditor found by a court of competent jurisdiction to have violated §
177-15C is subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period set forth in Paragraph (1) of N.J.S.A. 46:10B-51 with respect to notifying the Municipal Clerk that an action to foreclose the lien on the property has been filed.