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:
EXTERIOR OF PREMISES
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.
NUISANCE
A.
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.
B.
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.
OCCUPANT
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.
OPERATOR
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.
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.
PREMISES
A lot, plot, or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon.
REFUSE OR RUBBISH
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.
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.
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.
[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.