[Added by Ord. No. 1021]
For the specific purposes of this article, the
following terms, whenever used herein or referred to in this article,
shall have the respective meanings assigned to them hereunder unless
a different meaning clearly appears from context:
Those portions of a building or 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.
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.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of premises where such condition exists.
Any person residing, living or sleeping in or on the premises
or having actual possession, use of occupancy of a dwelling premises
or unit or operating a business therein, or any person or entity in
possession of or using any premises or part thereof, whether or not
the owner thereof and regardless of the duration of time of such possession,
use or occupancy.
Any person, persons or entity not the owner, who has charge,
care or control of a dwelling or premises 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 owner, or as a 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 lease of any
part or all of any building, structure or land shall be deemed to
be co-owner with the lessor for the purposes of this article and shall
have responsibility over the portion of the premises so sublet, leased
or assigned.
A lot, plot, or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon.
All solid waste matter or materials, combustible or noncombustible,
including but not limited to garbage, trash, ashes, paper goods and
products, wrappings, cans, bottles, containers, yard clippings, garden
refuse, brush and containers of waste materials, chemicals or oil
other than garbage containers used and intended to be picked up in
the normal weekly scavenger collection service; debris, junk, glass,
boxes, crockery, wood, mineral matter, plastic, rubber, leather, furniture,
household goods, appliances, fixtures, bedding, scrap lumber, scrap
metal, construction material (except during construction); inoperable
machinery or parts thereof, dead or rotting vegetation, excluding
compost piles which are not otherwise prohibited in this section,
abandoned, inoperative, unused or unusual automobiles and vehicles,
or parts or components of automobiles, motor vehicles, motorcycles
or vehicles of any kind, and solid commercial or industrial waste.
Every residential and nonresidential building,
structure, lot and the premises or part of the premises on which it
is situated in the Borough, previously or presently used or intended
to be used for dwelling, commercial, business, recreational, service,
transportation, institutional, religious, charitable, quasi-public,
professional or industrial occupancy and uses accessory thereto, shall
comply with the provisions of this article whether or not any such
building or structure shall have been constructed, altered or repaired
before or after the enactment of this article and irrespective of
any permits or licenses which may have been issued for the use or
occupancy of such building or for the installation or repair of equipment
or facilities prior to the effective date of this article. Vacant
lots, lands and premises are also required to comply with the provisions
of this article.
In any case where the provisions of this article
impose a higher or stricter standard than set forth in any other ordinance
or regulation of the Borough of Franklin Lakes or under the laws or
regulations of the State of New Jersey or any of its agencies, then
the standards as set forth herein shall prevail, but if the provisions
of this article impose a lower or lesser standard than any other regulation
or ordinance of the Borough of Franklin Lakes 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.
Compliance with this article shall not constitute
a defense against any violation of any other ordinance of the Borough
applicable to any structure or premises, nor shall any one act of
compliance constitute a defense against any subsequent or other violation
of this article.
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this article,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder nor be entitled to assert as a defense
against any charge made against him or them for violation of this
article the fact that another owner, operator or occupant or any other
third person or entity is also responsible therefor and in violation
thereof.
Any alterations to buildings, structures or
appurtenances thereto, or changes or use therein, which may be caused
directly, indirectly by the enforcement of this article, shall be
done in accordance with all applicable sections of the Uniform Construction
Code of the Borough.[1]
Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of Chapter 300, Land Use and Development, or zoning laws of the Borough.
Nothing in this article shall be deemed to abolish
or impair existing remedies of the Borough 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.
In furtherance of the purposes of this article,
it shall be the duty and responsibility of the owner, operator or
occupant of the premises to comply with any or all of the requirements
and standards of this article, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
A.
Sanitation. All exterior property areas and premises
shall be maintained in a clean, safe and sanitary condition, free
from any accumulation of rubbish, garbage or household goods.
B.
Containers. The operator of every commercial and industrial
establishment producing garbage, vegetable wastes or other putrescible
materials shall provide, and at all times cause to be used, leakproof
approved containers, provided with close-fitting covers, for the storage
of such materials until removed from the premises for disposal. Garbage
or trash dumpsters shall not be maintained in front yards unless permitted
by site plan approval from the Planning Board or Board of Adjustment
or municipal approval for temporary construction or renovation purposes.
C.
Grading and drainage. All premises shall be graded
and maintained so as to prevent the accumulation of stagnant water
thereon. Stagnant surface or ground water accumulations which create
or are likely to create mosquito or other insect-breeding areas are
prohibited.
D.
Paved areas. In commercial and industrial areas, all
driveways, parking areas, loading areas, automobile service stations
and drive-in food establishments shall be paved with bituminous concrete
or equivalent surfacing and shall be free from dirt and other litter
and kept in good repair. Pavement which is severely cracked with a
deteriorated surface, frost heaved or with potholes shall be repaired.
When lighted for nighttime use, lights shall not be permitted to cast
directly upon dwellings nearby. All motor vehicles will park only
on paved areas.
E.
Traffic safety maintenance. All traffic-flow and control
signs, whether painted on pavement or vertical structures, shall be
properly maintained in a functional condition. Bent and leaning sign
poles shall be replaced and/or straightened. Painted directional and
parking-bay strips shall be maintained in a readable condition. Bent
and broken traffic control guardrails and fencing shall be replaced.
F.
Litter and maintenance of solid waste disposal facilities.[1] All industrial and commercial sites shall be kept free
from noticeable accumulation of paper and solid waste debris. Common
refuse storage areas shall be kept in a clean and repaired state in
full conformance with the site plan provisions for such facilities.
All parking areas, walkways, sidewalks and pathways on industrial
and commercial sites shall be cleared of snow and ice within 24 hours
of the end of any snow or ice storm.
G.
Insect and rat control. All premises shall be kept
free of rodents, vermin, pest infestation or rodent harborages. An
owner of a structure or property shall be responsible for the extermination
of insects, rats, vermin or other pests in all exterior and interior
areas of the premises.
H.
Public areas. All sidewalks, steps, driveways, parking
spaces and similar paved areas for public use shall be kept in a proper
state of repair.
I.
Noxious vegetation. The exterior of all premises shall
be kept free of the following matter, materials or conditions: weeds,
brush, stumps, roots which are obnoxious, noxious or detrimental to
public health and safety; this includes but is not limited to poison
ivy, poison oak, poison sumac and ragweed growth. This shall also
include dead and dying trees and limbs or other natural growth, including
compost heaps or piles which, by reason of rotting or deteriorating
conditions, create obnoxious odors or blighting and unsightly factors
for adjoining properties or the Borough of Franklin Lakes. Under no
circumstances are compost heaps or piles permitted in front or side
yards. The provisions of this article shall not apply to farmland,
pastureland, grazing land, natural areas and undeveloped tracts.
J.
Exhaust vents. A person shall not construct, maintain
or operate pipes, ducts, conductors, fans or blowers discharging gases,
steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes so as to discharge directly upon abutting or adjacent public
and private property or that of another tenant.
K.
Accessory structures. All accessory structures, including
detached garages, fences and walls, shall be maintained structurally
sound.
L.
Prohibited conditions. The exterior of all premises
shall be kept free of the following matter, materials or conditions:
(1)
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar opening, basement hatchways, foundations
or excavations.
(2)
Abandoned iceboxes, refrigerators, heaters, television
sets and other similar major appliances.
(3)
Animal excrement piles or manure piles within 100
feet of a property line.
(4)
Hidden uncovered ground or surface hazards, such as
holes, sudden depressions, sharp or jagged projections or obstructions.
(5)
Buried rubble, refuse or rubbish.
(6)
Nuisances as hereinabove defined.
(7)
Vehicles or parts thereof, including boats and trailers,
motorized or not, licensed or unlicensed, registered or unregistered,
which vehicles or parts thereof are or have been junked, abandoned,
dismantled or are in a state of visible disrepair for a period of
more than two weeks. This subsection shall take effect only where
the conditions described herein are visible from surrounding or adjoining
properties. This subsection, however, shall not be applicable to vehicles
located on properties upon which the business of an automobile body
or repair shop or automobile dealership is conducted, where ongoing
repairs are being conducted in a vehicle for up to 45 days.[2]
(8)
Dangerously loose and overhanging objects, including
but not limited to dead trees or tree limbs, accumulations of ice
or any 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.
(9)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotten 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 or loose, crumbling
or falling bricks, stones, mortar or plaster.
(10)
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.
(11)
Broken glass or windows or rotted, missing or
substantially destroyed window frames and sashes, door frames, exterior
doors or other major exterior component parts of buildings or structures.
M.
Streams, brooks and public drainage facilities. The
dumping or discarding of lawn clippings, vegetation, leaves or yard
waste into any stream, brook, or public drainage easement, swale,
ditch or facility shall be strictly prohibited.
[Amended 11-21-2017 by Ord. No. 1728]
N.
Maintain area between street and property line. Every
owner shall cut and maintain the grass, weeds, brush, hedges or trees
from the curbline or edge of street pavement to the owner’s
property line in a neat and orderly manner so that the same do not
extend over sidewalk, curb or street in such manner as to obstruct
or otherwise interfere with the free use of said sidewalk, curb or
street, such interference being deemed maintenance of a nuisance.
[Added 2-26-2008 by Ord. No. 1400]
A.
General. The exterior of a structure shall be maintained
structurally sound and sanitary so as not to pose a threat to the
health and safety of the occupants and so as to protect the occupants
from the environment and shall be maintained so that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining properties or the Borough of Franklin Lakes, such as
but not limited to structural collapse, excessive peeling paint, graffiti,
rotting or decay. The exterior structure or accessory structure, including
signs and fences, shall be maintained in good repair. The same shall
be maintained free of broken glass, loose shingles, crumbling stone
or brick, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated on adjoining
properties and the Borough of Franklin Lakes be protected from blighting
influences.
B.
Structural members. All supporting structural members
of all structures shall be kept structurally sound, free of deterioration
and maintained capable of safely bearing the dead and live loads imposed
upon them.
C.
Exterior surfaces (foundations, walls and roof). Every
foundation, exterior wall, roof and all other exterior surfaces shall
be maintained in a workmanlike state of maintenance and repair and
shall be kept in such condition as to exclude rats.
D.
Foundation walls. All foundation walls shall be maintained
so as to carry the safe design and operating dead and live loads and
shall be maintained plumb and free from open cracks and breaks, so
as not to be detrimental to public safety and welfare.
E.
Exterior walls. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers and any other
conditions which might admit rain or dampness to the interior portions
of the walls or to the occupied spaces of the building. All exterior
surface materials, including wood, composition or metal siding, shall
be maintained weatherproof and shall be properly surface-coated when
required to prevent deterioration.
F.
Roofs. The roof shall be structurally sound and tight
and shall not have defects which might admit rain, and roof drainage
shall be adequate to prevent rainwater from causing dampness in the
walls or interior portion of the building.
G.
Chimneys. All chimneys, cooling towers, smoke stacks
and similar appurtenances shall be maintained structurally safe, sound
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust.
H.
Stairs and porches. Every stair, porch and balcony,
and all appurtenances attached thereto, shall be so constructed as
to be safe to use and capable of supporting the loads to which they
are subjected and shall be kept in sound condition and good repair.
I.
Properties with landscaping, lawns, hedges and bushes
shall be kept from becoming overgrown and unsightly where exposed
to public view and from becoming a blighting factor for adjoining
properties of the Borough of Franklin Lakes. Grass located in any
landscaped or improved or cleared area which is taller than five inches
shall be considered overgrown and a violation of this section.
The interior of a structure and its equipment
shall be maintained structurally sound and in a sanitary condition
so as not to pose a threat to the health and safety of the occupants,
and to protect the occupants from the environment.
Enforcement Officers are hereby granted the
discretion to provide a notice of violation prior to the issuance
of a summons. The notice of violation when issued shall provide the
property owner no more than 10 days to correct the violation. Notices
shall not be provided where there have been prior similar violations.
Notices may be personally delivered or mailed certified mail to the
property or to the address of the property owner as on file with the
Municipal Tax Collector. This section shall not be intended as a requirement
that a notice be issued and the Enforcement Officer shall take into
consideration the continuing impact on neighboring properties when
issuing the notice.
A.
Maximum penalty. For a violation of any provision of Chapter 373 of the Code of the Borough of Franklin Lakes, unless a specific penalty is otherwise provided for the specific violation, the maximum penalty upon conviction shall be a fine not exceeding $2,000 and/or imprisonment in the county jail for a period not exceeding 90 days and/or 90 days of community service.
[Amended 3-15-2016 by Ord. No. 1656R]
B.
Separate violations. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter
exists shall constitute a separate violation.
C.
Application. The maximum penalty stated, in the general
penalty clause is not intended to state an appropriate penalty for
each and every violation. Any lesser penalty, including a nominal
penalty or no penalty at all, may be appropriate for a particular
case or a particular violation. The court is directed to take into
consideration when imposing a penalty the nature of the violation,
as well as the existence of prior similar violations.[1]
[Added 6-18-2019 by Ord. No. 1792]
A.
No gasoline service station shall permit its premises to be used,
hired or rented for the outdoor storage or parking of licensed vehicles
which have not been temporarily left in the custody of the operator
of the service station for service or repair, nor for overnight storage
or parking of any unlicensed or unregistered vehicle under any circumstance.
Furthermore, no more than seven vehicles temporarily left in the custody
of the operator of the service station for service or repair shall
be stored or parked outdoors overnight on the premises and no such
vehicle shall remain on the premises for more than 10 consecutive
days.
B.
There shall be no overnight outdoor display or storage of materials,
merchandise, supplies or accessories, including, but not limited to,
tires and auto parts.
