[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 6-23-2004 by Ord. No. 2004:920.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 81.
Unfit buildings — See Ch. 85.
Uniform construction codes — See Ch. 89.
Fire prevention — See Ch. 106.
Solid waste — See Ch. 169.
Zoning — See Ch. 200.
[1]
Editor's Note: This ordinance also repealed
former Ch. 147, Property Maintenance, adopted 5-24-1972 by Ord. No.
1972:233 (Ch. 73 of the 1967 Code), as amended.
A.
Title. This chapter shall be known as the "Property
Maintenance Code of the Borough of Closter" and may be referred to
as "this chapter."
B.
Findings. The Borough of Closter hereby finds that
certain unsafe, unsanitary, undesirable and unhealthy conditions exist
at various properties in the Borough and the public health, safety
and welfare make it desirous to terminate unsafe, unsanitary, undesirable
and unhealthy conditions and to prevent other similar conditions from
arising in the future on any properties in the Borough.
C.
Purposes. The purpose of this chapter is to protect
the public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance and condition of residential
and nonresidential structures and all existing premises; to establish
minimum standards governing facilities and other physical components
and conditions essential to make the aforesaid facilities fit for
human habitation and use; to abate certain responsibilities and duties
upon owners, operators and occupants; and to affix penalties for the
violation of this chapter. This chapter is hereby declared to be remedial
and essential for the public interest, and it is intended that this
chapter be liberally construed to effectuate the purposes stated herein.
D.
Severability. If a section, subsection, sentence,
clause or phrase of this chapter is, for any reason, held to be unconstitutional
or otherwise invalid, such decision shall not affect the validity
of the remaining portions of this chapter.
E.
Effective date. This chapter shall take effect immediately
upon passage and publication according to law.
A.
General. The provisions of this chapter shall apply to all matters affecting or relating to structures and premises, as set forth in § 147-1. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.
B.
Maintenance. Equipment, systems, devices and safeguards
required by this chapter or a previous regulation or chapter under
which the structure or premises was constructed, altered or repaired
shall be maintained in good working order. Except as otherwise specified
herein, the owner, operator or occupants shall be responsible for
the maintenance of buildings, structures and premises.
C.
Conflict with other provisions. In any case where
the provisions of this chapter impose a higher or stricter standard
than set forth in any other ordinance or regulation of the Borough
of Closter or under the laws or regulations of the State of New Jersey
or any of its agencies, then the standard as set forth herein shall
prevail; but, if the provisions of this chapter impose a lower or
lesser standard than any other regulation or ordinance of the Borough
of Closter or the laws and regulations of the State of New Jersey
or any of its agencies, then the higher standard contained in any
such other ordinance, regulation or law shall prevail.
D.
Compliance with other ordinances. Compliance with
this chapter shall not constitute a defense against any violation
of any other ordinance of the Borough of Closter applicable to any
structure or premises, nor shall any one act constitute a defense
against any subsequent chapter.
E.
Responsibilities independent.
(1)
Owner, operators and occupants shall have all 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 or be entitled to assert as a defense
against any charge made against him, her or them for violation of
this chapter based upon the fact that another owner, operator or occupant
or any other third person or entity is also responsible and in violation
thereof.
(2)
Unless expressly provided to the contrary in this
chapter, the respective obligations and responsibilities herein of
the owner and operator on the one hand and the occupant on the other
shall not be altered or affected by any agreement or contract by and
between any of the aforesaid or between them and other parties.
F.
Application of building code.[1] Any alterations to buildings, structures or appurtenances
thereto or changes of use therein which may be caused directly or
indirectly by the enforcement of this chapter shall be done in accordance
with all applicable sections of the Building Code of the municipality.
H.
Existing remedies to remain in effect. 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.
A.
Creation. There is hereby created the position of
Code Enforcement Officer.
B.
Duties. The Code Enforcement Officer shall enforce
the provisions of this chapter and other relevant ordinances as prescribed
therein and shall also have the authority to enforce any conditions,
stipulations or requirements of development approvals of the Planning
Board and Zoning Board of Adjustment.
C.
Rule-making authority. The Code Enforcement Officer
shall have authority as necessary in the interest of public health,
safety and general welfare to adopt and promulgate rules and procedures;
to interpret and implement the provisions of this chapter; to secure
the intent thereof; and to designate requirements applicable because
of local climate or other conditions. Such rules shall not have the
effect of waiving structural or fire performance requirements specifically
provided for in this chapter or of violations of accepted engineering
methods involving public safety.
D.
Other enforcement. In addition to the Code Enforcement Officer, all members of the Borough of Closter Police Department are hereby designated as Assistant Code Enforcement Officers for purposes of the enforcement of this chapter and as described in § 147-3B above.
E.
Right of entry. The Code Official is authorized to
enter the structure or premises at reasonable times to inspect, subject
to constitutional restrictions on unreasonable searches and seizures.
If entry is refused or not obtained, the Code Official is authorized
to pursue recourse as provided by law, including but not limited to
seeking the execution of an inspection search warrant by a Municipal
Court Judge upon the establishment of probable cause.
Whenever there are practical difficulties involved
in carrying out the provisions of this chapter, the Code Official
shall have the authority to grant modifications for individual cases,
provided the Code Official shall first find that special individual
reason makes the strict letter of this chapter impractical and the
modification is in compliance with the intent and purpose of this
chapter and that such modification does not lessen health, life and
fire safety requirements.
A.
Unlawful acts. It shall be unlawful for a person,
firm or corporation to be in conflict with or in violation of any
of the provisions of this chapter.
B.
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 147-6 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the person who shall violate this chapter, upon conviction, will be punished as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of the Closter Code. Also, the Official can require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
[Amended 11-23-2009 by Ord. No. 2009:1061]
The notice shall be in writing and served via hand delivery by the Code Enforcement Officer or other Closter official designated by § 147-3D of this chapter as Assistant Code Enforcement Officers. Alternatively, service shall be by certified mail to the property owner or person(s) responsible. If, in the judgment of the Property Maintenance Officer, the property is permanently vacant, unoccupied or abandoned, said notice shall be posted on the front door of the subject property and mailed via certified mail to the address of the last known owner of record of the subject property on file with the Borough. The notice shall contain the following:
A.
Such notice shall designate the building, structure
or premises or portion thereof in violation.
B.
Such notice shall contain a statement of the violations
existing in the building, structure or premises or portion thereof
and the correction thereof sought by the Enforcement Officer.
C.
Such notice shall specify a reasonable time, not to
exceed 30 days from the date of service of the notice, in which the
notice shall be complied with and the violation abated, corrected
or eliminated.
A.
ACCESSORY STRUCTURE OR BUILDING
BLIGHTING
BUILDING
DETERIORATION
DONATION BIN
EXPOSED TO PUBLIC VIEW
EXTERIOR OF PREMISES
IMMINENT DANGER
INFESTATION
JUNKED VEHICLE
LITTER or RUBBISH
NUISANCE
(1)
(2)
(3)
(4)
(5)
OCCUPANT
OPERATOR
OWNER
PODS
PREMISES
REFUSE
SOLICITATION or SOLICIT
STORAGE CONTAINER
STRUCTURE
TRAILER
The following terms, wherever used herein or referred
to in this chapter, shall have the respective meanings assigned to
them unless a different meaning clearly appears from the context:
A subordinate structure on the same lot as the principal
or main building or use.
A deteriorating influence or conditions affecting use and
value of real estate.
Any building, structure or part thereof, having a roof supported
by columns or walls, whether used for human habitation, use or occupancy
or unused, vacant, unoccupied or abandoned, and includes any necessary
buildings and appurtenances belonging thereto or usually enjoyed therewith.
The condition or appearance of a building or a 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.
Any enclosed receptacle, container or other depository made
of metal, steel or a similar product and designed or intended for
the donation and the temporary storage of clothing or other materials.
[Added 2-8-2012 by Ord. No. 2012:1113]
Any premises or any part of any premises which may be lawfully
viewed by the public or any member thereof.
Those portions of a building or a structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto, and the open land
space of any premises outside of any building or structure erected
thereon.
A condition that could cause serious or life-threatening
injury or death at any time.
The presence on or within a premises of any insects, rodents
or other pests that present a safety hazard.
Any vehicle or trailer which is without a current valid license
plate and/or is unregistered as required by Title 39 of the New Jersey
statutes and/or is in a rusted, wrecked, discharged, dismantled, partly
dismantled, inoperative or abandoned conduit on. The Code Enforcement
Officer determines whether or not a vehicle warrants this classification.
Specifically exempt from the definition of a "junked vehicle" are
vehicles registered as historic vehicles.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, its governmental agencies or the ordinances of
the Borough of Closter.
Any condition which may be detrimental to the
health or safety of all persons, whether on or inside a building,
on the lands and premises containing a building or in or upon an unoccupied
lot. This includes, but is not limited to, such conditions created
by abandoned, open or structurally unsound wells, shafts, towers,
basements, foundations or excavations; abandoned iceboxes, refrigerators,
motor vehicles or parts thereof; structurally unsound buildings, structures
or fences; lumber, trash, debris, rubbish, refuse containers, construction
material, tree stumps, dead or dying trees, stones, appliances, furniture
or household goods; or sudden depressions or holes in the land.
Any physical condition potentially dangerous
or hazardous to human life or safety or tending to be detrimental
to the health of persons on or near or passing within the proximity
of the premises where said condition exists.
Any condition which creates a fire hazard.
Any condition which is deemed unsightly by the Code Enforcement Officer or other Closter official designated by § 147-3D of this chapter as Assistant Code Enforcement Officers.
Any individual living or sleeping in a building or having
possession of a space within a building.
Any person who has charge, care or control of a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the owner.
The owner or tenant of a single lot in the Borough of Closter.
For the purposes of this section, the term "owner" also means the
person or entity who files a summons and complaint in an action to
foreclose, and this person or entity shall be responsible for maintenance
and upkeep of vacant residential properties.
[Amended 10-12-2011 by Ord. No. 2011:1106; 12-22-2014 by Ord. No. 2014:1180]
Portable on-site demand storage.
[Added 10-12-2011 by Ord. No. 2011:1106]
A lot, plot or parcel of land, including the building or
structures thereof.
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, ashes, street cleaning, dead
animals, abandoned automobiles and parts thereof, solid market and
industrial wastes.
The request, directly or indirectly, for money, credit, property,
financial assistance or other thing of any kind of value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
[Added 2-8-2012 by Ord. No. 2012:1113]
A receptacle or container that is less than 1,500 cubic feet,
or any aggregate of that total (if multiple PODS), that is suitable
for the depositing of household furnishings, clothing and similar
materials for the purpose of storage of same by the owner on a temporary
basis when moving, construction or renovation is ongoing by the owner
on his/her lot in the Borough, PODS®, a registered trademark,
is included within this definition of a storage container, which PODS
or storage container must also be in good condition.
[Added 10-12-2011 by Ord. No. 2011:1106]
An assembly of materials forming a construction, including
but not limited to buildings, platforms, sheds, bins, shelters, walls,
fences and display racks and signs. Also defined as a combination
of materials to form a construction for use, occupancy or ornamentation
whether installed on, above or below the surface of land or water.
A structure standing on blocks, wheels, towed or hauled by
another vehicle and used for carrying materials, goods, objects or
as a temporary office.
B.
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 apply to several persons or parties as well as to one person,
and to females as well as males, and to bodies, corporations, associations
or partnerships 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.
A.
Maintenance. 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, boxes and broken glass) and
all nuisances and hazards to tenants, occupants, pedestrians and other
persons having access to the premises and maintained in a sanitary
condition. The word "hazards" shall include, but not limited to, the
following:
(1)
Refuse.
(2)
Dangerous loose and overhanging objects, including
but not limited to dead trees or tree limbs, accumulations of ice
or any other object, natural or man-made, which could threaten the
health and safety of persons if caused to fall or other similar dangerously
loose and overhanging objects which, by reason of their location above
ground level, constitute an actual hazard to persons or vehicles in
the vicinity thereof.
(3)
Abandoned iceboxes, refrigerators, boilers, hot-water
heaters, television sets and other similar major appliances or any
other attractive nuisance.
B.
Weeds. All premises and exterior property shall be
maintained free from weeds or plant growth in excess of eight inches.
"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.
C.
Landscaping. Landscaping, hedges and bushes shall
be kept from being overgrown where exposed to public view and from
becoming a blighting factor for adjoining properties.
D.
Rodent harborage. All structures and exterior property
shall be kept free from rodent harborage and infestation.
E.
Sanitation. All exterior property and premises shall
be maintained free from any accumulation of rubbish, garbage or household
goods and shall be in a sanitary condition at all times.
F.
Grading and drainage. All premises shall be graded
and maintained to prevent the erosion of soil and to prevent the accumulation
of stagnant water thereon, or within any structure located thereon,
and to prevent the runoff of drainage water upon bordering properties.
G.
Accessory structures. All accessory structures, including
but not limited to detached garages, fences, walls and stairways,
shall be maintained structurally sound, free from hazardous conditions
and in good repair.
H.
Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces, paved areas and similar areas shall
be kept in a state of good repair and maintained free from cracks
and crevices, potholes and other hazardous conditions.
I.
Swimming pools. Swimming pools shall be maintained
in a clean and sanitary condition, in good repair and free from hazardous
conditions.
J.
Waterways, brooks etc. All waterways, brooks, drainage
ditches and swales, to the extent that the same are located on or
immediately adjacent to the premises, shall be maintained in good
condition, free of debris, plantings or other obstructions.
K.
Motor vehicles and trailers. No motor vehicle or trailer
which is either without a current inspection sticker; or without current
license plates; or without a currently valid New Jersey registration;
or is classified as a junked vehicle by the definition set forth in
this chapter shall be parked, kept or stored on any premises, and
no motor vehicle shall at any time be in a state of major disassembly,
disrepair or in the process of being stripped or dismantled unless
such vehicle is kept within a garage or automobile service station
service bay. Exception: Specifically exempt from the aforesaid are
vehicle registered as historic vehicles, vehicles at approved towing
yards and vehicles being repaired at approved auto body shops.
L.
Residential parking. No person shall park, stop or
stand any motor vehicle on any portion of any premises except on driveways
constructed and installed in compliance with applicable Borough ordinances.
M.
Trailers. No person shall park, stop or stand any
trailer on any portion of any premises at any time. Exception: Specifically
exempt from the aforesaid are trailers licensed or classified as "recreational."
N.
Compost pile. Compost piles must be shielded from
public view and must be kept free from garbage, offensive odors and
rodents.
O.
Firewood. Firewood must be stored in the rear yard
only.
P.
Screening. All commercial areas, including nonconforming
uses, for which no site plan approval has been granted by the Borough
Planning Board shall be screened from adjacent noncommercial areas
by means of a fence, partition, screen, structure, wall, planting
or similar device. Any such fence, partition, screen, structure, wall,
planting or similar device shall be constructed or planted and maintained
in compliance with the ordinance or ordinances governing such structure
or planting in effect for the Borough of Closter.
Q.
Outdoor lighting.
[Added 12-27-2006 by Ord. No. 2006:977]
(1)
The outdoor lighting provisions of the Property Maintenance
Code are intended to:
(a)
Provide for and control lighting in outdoor
public places where public health, safety and welfare are potential
concerns.
(b)
Protect drivers and pedestrians from disabling
glare or nonvehicular light sources.
(c)
Protect neighbors, wildlife, and the night sky
from nuisance glare and light trespass from improperly selected or
poorly aimed, placed, applied, maintained or shielded light sources.
(d)
Promote energy-efficient lighting design and
operation.
(e)
Protect and retain the intended character of
the various portions of the municipality.
(2)
Control of nuisance and disabling glare (excessive
brightness in the field of view).
(a)
All lighting shall be aimed, located, designed,
fitted and maintained so as not to present a hazard to drivers or
pedestrians by impairing their ability to safely traverse and so as
not to create a nuisance by projecting or reflecting objectionable
light onto a neighboring use or property.
(b)
All lighting that is not fully cut off or fully
shielded, where specifically approved by the municipality, shall be
so installed and aimed so that it does not project its output into
the windows of neighboring residences, adjacent uses, past the object
being illuminated, skyward or onto a public roadway.
A.
Exterior surfaces. All exterior surfaces, including
but not limited to doors, door and window frames, roofs, cornices,
porches, trim, balconies and decks shall be maintained in good condition
and free from any hazards. Exterior wood surfaces, other than decay-resistant
woods, shall be protected from the elements and decay by painting
or other protective covering or treatment. Peeling, flaking and chipped
paint shall be eliminated and surfaces repainted. All surfaces shall
be maintained free from broken glass, loose shingles, crumbling stone
or brick or other condition reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety hazard eliminated and adjoining properties and the neighborhood
protected from blighting influence. All reconstruction of walls and
siding shall be of standard quality and their appearance shall commensurate
with the character of the properties in the Zoning district in which
the premises is located, such that the materials used will not be
of a kind that, by their appearance under prevailing appraisal practices
and standards, will depreciate the value of neighboring and adjoining
premises.
B.
Exterior walls. All exterior walls shall be free from
holes, breaks, and loose or rotting materials and maintained weatherproof
and properly surface coated where required to prevent deterioration.
C.
Roofs. All roofs shall be structurally sound, maintained
free from safety hazards and in good repair and shall not have defects,
which may admit rain, and roof drainage shall be adequate from causing
dampness in the walls or interior portion of the building.
D.
Drainage. Roof drains, gutters and downspouts shall
be maintained in good repair and free from obstructions. Roof water
shall not be discharged in a manner that creates a public nuisance.
E.
Decorative features. All cornices, corbels, terra
cotta trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage so not to constitute
a nuisance or safety hazard.
F.
Overhang extensions. All overhang extensions, including
but not limited to canopies, marquees, signs, metal awnings and exhaust
ducts shall be maintained in good repair and properly anchored so
as to be kept in a condition which shall not constitute a nuisance
or a safety hazard. In the event that such overhang extensions are
not properly maintained with the foregoing, they shall, together with
their supporting members, be removed forthwith. If such overhang extensions
are made of cloth, plastic or of similar materials, said material
shall be maintained in a condition that shall not show evidence of
excessive weathering, discoloration, ripping, tearing or other holes.
No overhang extension shall be permitted to encroach on any streets,
sidewalks or other parts of the public domain.
G.
Stairways, decks, porches and balconies. Every exterior
stairway, deck, porch and balcony, and all appurtenances attached
thereto, shall be maintained structurally sound, free of safety hazards
and in good repair, with proper anchorage and capable of supporting
the imposed loads.
H.
Chimneys. All chimneys, smoke stacks and similar appurtenances
shall be maintained structurally sound and in good repair.
I.
Storefronts. All storefronts shall be maintained in
good repair and free from safety hazards, and all surfaces thereof
shall be painted, where applicable, for purposes of preservation and
appearance. In the event repairs to the storefront are completed,
such repairs shall be performed with materials identical or compatible
with the materials used in the area not undergoing repair, to the
end that the appearance of the storefront shall be uniform and attractive
and shall not constitute a blighting factor depreciating adjoining
properties.
J.
Building street numbers. All residential and commercial
building numbers shall be visible from the road and maintained in
good repair at the cost and expense of the property owner or owners.
A.
General. The interior of a structure and equipment
therein shall be maintained in good repair, structurally sound, free
from nuisances and in a sanitary condition.
B.
Windows. No storage of materials, stock or inventory
shall be permitted in window display areas unless said areas are first
screened from the public view by permanent rendering of the windows
opaque to the public view. All such screening of interiors shall be
maintained in a clean and attractive manner and in a state of good
repair.
A.
Accumulation of rubbish or garbage. All exterior property
and premises shall be free from any accumulation of rubbish or garbage.
B.
Disposal of rubbish or garbage. Every occupant of
a structure shall dispose of all rubbish and garbage in a clean and
sanitary manner by placing the aforementioned in approved containers.
All conditions, stipulations and/or requirements
of approval incorporated in resolutions or other acts of the Borough
of Closter or of any duly constituted board or agency of the Borough
shall be adhered to and shall be construed to be continuing conditions
of approval.
[Amended 11-23-2009 by Ord. No. 2009:1061]
In the event that any owner, tenant or person in possession fails to cut any brush, hedges or other plant life or to cut or trim any tree or vegetation after notice is given, as set forth in § 147-6, the same shall be cut or trimmed under the direction and supervision of the Superintendent of the Department of Public Works, who shall certify the cost thereof to the governing body. The governing body shall examine the certification of such costs and, if found correct, shall cause the costs as shown thereon to be charged against the affected property and to be assessed and levied as a lien as allowed pursuant to N.J.S.A. 40:48-2.27. In the event that such costs are deemed excessive, the governing body shall cause reasonable costs to be charged against said property. The amount so charged shall forthwith become a lien upon the affected property, the same to bear interest at the same rate as other taxes and which shall be collected and enforced by the same officers and in the same manner as taxes.
[Added 10-12-2011 by Ord. No. 2011:1106]
A.
General instructions.
(1)
A single storage container of 1,500 cubic feet or any aggregate of
that total (if multiple containers) or less shall be permitted on
any lot in the Borough on a temporary basis as set forth hereafter.
Larger-size storage containers are prohibited in all residential zones.
(2)
It may be located in any yard area but no closer than five feet from
all interior property lines, and it shall not be located any closer
than 10 feet to any street line.
(3)
The location of the temporary storage container on a corner property
shall not cause a sight obstruction at an intersection.
(4)
A storage container(s) shall be permitted in accordance with this
section, but it shall only remain on the lot for a maximum of 30 days
from the date that the permit is issued.
(5)
A storage container(s) with a valid permit issued pertaining to the
need for a storage container shall only remain on the lot for a maximum
of 90 days when there is a need for a storage container.
B.
Permit requirements. Before any owner shall be permitted to place
a storage container(s) on the lot, an application to the Building
Department for a permit to do so shall be filed and approved. The
application shall identify the owner and/or the tenant, location,
size and the length of time that the storage container is requested.
(2)
The owner may seek to keep the storage container for an additional
period of time by making a separate application for extension to the
Building Department with the understanding and acknowledgment that
any extension granted will not be further extended and additional
fees will be required unless extenuating circumstances apply, such
as a fire or natural disaster.
C.
Fees. In addition to submitting the applications referred to above,
each application shall be accompanied with payment of a fee to the
Borough of $50 and in the case of an extension application, with payment
of a fee to the Borough of $100. The fees in question will cover the
administrative costs of the Borough, as well as any oversight to make
certain that the applicant performs in accordance with its application,
including but not limited to the removal of the container at the expiration
of the permit.
D.
Violations and penalties. Any person who violates any provisions
of this section shall, upon conviction, be punished by a fine not
to exceed $200 or by imprisonment not to exceed 90 days, or both.
Each and every day that a violation exists shall be deemed a separate
and distinct violation.
[Added 2-8-2012 by Ord. No. 2012:1113]
A.
Purpose. Pursuant to N.J.S.A. 40:48-2.60 through 40:48-2.64, the
purpose of this section is to provide a uniform set of procedures
for administering the placement and maintenance of clothing bins within
the Borough of Closter ("Borough"), as well as providing for a uniform
set of procedures for administering the issuance and revocation of
all permits issued by the Borough for the placement of clothing bins,
consistent with state law.
B.
Permit required. Notwithstanding any other provision of law to the
contrary, no person shall place, use or employ a clothing bin for
solicitation purposes within the Borough without first obtaining a
permit, valid for a period of one year, from the Borough Construction
Official as hereinafter provided.
C.
Application for permit; fee.
(1)
Application for a permit to place and/or maintain a clothing bin
shall be made, in writing, to the Borough Construction Official prior
to placing and/or maintaining the clothing bin.
(2)
The application shall contain the following information:
(a)
The name, address and telephone number of the person, firm,
corporation, club or charitable organization, institution or association
placing and/or maintaining such clothing bin;
(b)
The name and address of the owner of the premises on which the
clothing bin is to be located, and the written consent of the owner
if the applicant is other than the owner;
(c)
The location where the clothing bin would be situated, as precisely
as possible;
(d)
A description, including dimensions of the proposed clothing
bin;
(e)
The manner in which the person, firm, corporation, club or charitable
organization, institution or association anticipates any clothing
or other donations collected via the clothing bin would be used, sold
or dispersed, and the method by which the proceeds of collected donations
would be allocated or spent; and
(f)
The schedule of pickups removing the articles from the clothing
bins, which can be no less often than once per week, and the name
and telephone number of the person to be notified if the clothing
bin is overflowing prior to the scheduled date of pickup.
(3)
The fee for such application for the permit to place and/or maintain
a clothing bin shall be $60.
(4)
The permit shall expire one year (12 months) after the date of issue.
(5)
An expiring clothing bin permit may be renewed upon payment of the
renewal fee of $60 and by application to the Borough Construction
Official for renewal that shall include the following information:
(a)
The name, address and telephone number of the person, firm,
corporation, club or charitable organization, institution or association
placing and/or maintaining such clothing bin;
(b)
The name and address of the owner of the premises on which the
clothing bin is to be located and the written consent of the owner
if the applicant is other than the owner, and, if the applicant intends
to move it, the new name and address of the owner of the premises
on which the clothing bin is to be located and the written consent
of the owner if the applicant is other than the owner;
(c)
The location where the clothing bin would be situated, as precisely
as possible, and, if the applicant intends to move it, the new location
where the clothing bin would be situated, as precisely as possible;
(d)
A description, including dimensions of the proposed clothing
bin;
(e)
The manner in which the person, firm, corporation, club or charitable
organization, institution or association has used, sold or dispersed
any clothing or other donations collected via the clothing bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person, firm, corporation, club or charitable
organization, institution or association anticipates it may make in
these processes during the period covered by the renewal; and
(f)
The schedule of pickups removing the articles from the clothing
bins, which can be no less often than once per week, and the name
and telephone number of the person to be notified if the clothing
bin is overflowing prior to the scheduled date of pickup.
D.
Information to be displayed on bins; health or safety hazard; accessory
use; maintenance of bin area.
(1)
The following information shall be clearly and conspicuously displayed
on the exterior of the clothing bin:
(a)
The permit number and its date of expiration;
(b)
The name and address of the registered person, firm, corporation,
club or charitable organization, institution or association that owns
the clothing bin and of any other entity which may share or profit
from any clothing or other donations collected via the bin;
(c)
The telephone number of the person, firm, corporation, club
or charitable organization, institution or association's bona
fide office and, if applicable, the telephone number of any other
entity which may share or profit from any clothing or other donations
collected via the bin;
(d)
In cases when an entity other than the person who owns the clothing
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person, firm, corporation, club or charitable
organization, institution or association who owns the bin and identifying
all such entities which may share or profit from such donations; and
(e)
A statement indicating the manner in which the person, firm,
corporation, club or charitable organization, institution or association
anticipates any clothing or other donations collected via the bin
would be used, sold or dispersed, and the method by which the proceeds
of collected donations would be allocated or spent.
(2)
An application for a permit to place and/or maintain a clothing bin
shall not be granted and a permit may be revoked if the Borough Construction
Official determines that the placement of the bin could constitute
a health or safety hazard. Such hazards shall include, but are not
limited to, the placement of a clothing bin in parking spaces, in
any area that interferes with pedestrian or vehicular traffic, landscaping
or required setbacks or within 100 yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases
or is likely to or does attract vermin or litter.
(3)
Each clothing bin shall be accessory to an existing nonresidential
use.
(4)
Each clothing bin and surrounding area shall be maintained in a neat,
clean and orderly condition. Failure to maintain the clothing bin
and surrounding area in a neat, clean and orderly condition shall
be cause for revocation of the permit granted hereunder.
E.
Enforcement. This section shall be enforced by the Building Department
and/or Borough Construction Official. All clothing bins shall be subject
to inspection by the Building Department or any duly authorized representative
of the Borough.
F.
Receipt and investigation of complaints.
(1)
The Building Department and/or Borough Construction Official shall
receive and investigate, within 30 days, any complaints from the public
about a clothing bin.
(a)
Whenever it appears that a person, firm, corporation, club or
charitable organization, institution or association has engaged in,
or is engaging in, any act, omission or practice which violates this
section, the person, firm, corporation, club or charitable organization,
institution or association who placed and/or maintains the clothing
bin shall be issued a warning, stating that if the violation is not
rectified or a hearing is not requested within 45 days, the bin will
be seized or removed at the expense of the person, firm, corporation,
club or charitable organization, institution or association which
placed the bin, and any clothing or other donations collected via
the bin will be sold at public auction or otherwise disposed of.
(b)
In addition to any other means used to notify the person, firm,
corporation, club or charitable organization, institution or association
which placed the bin, such warning shall be affixed to the exterior
of the bin itself.
(2)
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Borough may seize the bin, remove it, or have it
removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Borough.
G.
Violations and penalties; remedies.
(1)
Any person, firm, corporation, club or charitable organization, institution
or association violating any of the provisions of this section and/or
Section 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61), which results
in the seizure of the donation clothing bin shall be:
(a)
Subject to a penalty of up to $20,000 for each violation. The
Borough Construction Official may bring this action in the Municipal
Court or Superior Court as a summary proceeding under the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., and any penalty
monies collected shall be paid to the Borough; and
(b)
Deemed ineligible to place and maintain a clothing bin pursuant
to this section. A person, firm, corporation, club or charitable organization,
institution or association disqualified from placing and/or maintaining
a clothing bin by violating the provisions of this section may apply
to the Borough Construction Official to have eligibility of that person,
firm, corporation, club or charitable organization, institution or
association restored. The person, firm, corporation, club or charitable
organization, institution or association may have its eligibility
restored if that person, firm, corporation, club or charitable organization,
institution or association has:
(2)
In addition to any other penalties or remedies under this section,
any person, firm, corporation, club or charitable organization, institution
or association that violates any provision which results in a threat
to public health or safety shall be subject to all penalties and remedies
available under the Borough's police powers.
[Added 11-8-2017 by Ord.
No. 2017:1231]
A.
Purpose. This section is adopted to control the planting, cultivating
or growing of bamboo in the Borough of Closter, and to require barriers
to prevent the spread of existing bamboo into other areas of the Borough.
B.
Regulation of planting, growing or cultivating of bamboo. Subject
to certain exemptions set forth in this section, no persons, or other
property owners or tenants, shall plant, cultivate, or cause to grow
any bamboo on any lot or parcel of ground in the Borough of Closter,
subject to the following exceptions:
(1)
The root system of such bamboo plants is entirely contained within
an above-ground-level planter, barrel, or other vessel of such design,
material, and location as to entirely prevent the spread of growth
of the bamboo plants' root system beyond the container in which
it is planted; or
(2)
The root system is contained within a properly constructed and maintained
barrier system.
(3)
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than 10 feet from any property line
or right-of-way.
C.
Exemptions. This section shall not apply to any land owner or possessor
who, prior to the effective date of this section, has planted or caused
to grow any bamboo on any property within the Borough limits unless
the Chief of Police or Construction Code Official or member of the
Closter Police Department determines, on his or her own or upon complaint
from any abutting or nearby property owner, that any portion of such
bamboo has been allowed to grow upon, extend roots across, or extend
branches, stalks or leaves over any public way or any private property
not owned by or in the possession of such land owner, tenant or any
possessor of said land.
D.
Complaint notice; order for removal; compliance. Whenever a complaint
is received by the Borough regarding the encroachment of any bamboo
plant or root, or whenever the Borough on its own observation and
inspection determines that there is an encroachment of bamboo plants
or roots on to the property of another, the Borough, through its delegated
official, shall forward a notice of violation to the alleged offending
person, property owner, or other in possession of such property (hereinafter
the "violator"), which notice shall be substantially as follows:
(1)
The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage, and also by first-class
mail. Notice by certified mail shall be deemed complete on the date
of personal delivery, or the date the certified mail is marked refused
or unclaimed or otherwise undeliverable by the United States Post
Office, when the first-class mail was not returned.
(2)
The notice shall specify the nature of the violation.
(3)
The notice shall state that the violation must be corrected within
30 days from the date of the received or returned mailing.
(4)
The notice shall state specifically what must be done by the violator
to correct the violation.
E.
Violations and penalties.
(1)
Any person determined by any court of competent jurisdiction to have
violated this section shall be subject to pay a fine of not less than
$25 per day, nor more than $100 per day, for each day the violation
existed after the date for cure as set forth in the notice. Each day
of a continuing violation shall constitute a separate offense, for
which an additional fine can be levied. The per-day fine will be in
addition to a penalty for failure to comply with this section. This
fine can be up to the maximum penalty set by the State of New Jersey.
(2)
If the violation is not remedied within the time set forth in the
aforesaid notice, the Borough is hereby authorized to remove or have
removed any encroaching bamboo and to take all reasonable steps to
eradicate the regrowth of the bamboo on the public rights-of-way,
including sidewalks, and to restore such land to its normal condition,
prior to such removal and eradication.
(3)
The cost of the corrective action together with any civil penalties,
legal fees and other costs shall be recoverable from the violator
or other responsible party.
