This chapter shall be known as the "Property
Maintenance Code of the Borough of Paramus" and may be referred to
in this chapter in the short form as the "Property Maintenance Code"
or as "this code."
The following words and terms, wherever used
herein or referred to in this code, shall have the respective meanings
assigned to them unless a different meaning clearly appears from the
context:
ACCESSORY STRUCTURE
A building or use that is on the same lot as; subordinate
to; under the same ownership or control as; and used for the purpose
customarily incident to the use of the main building.
DETERIORATION
The condition or appearance of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, other evidence of physical decay or neglect, lack of maintenance
or excessive use.
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
NUISANCE
A.
Any public nuisance known at common law or in
equity jurisprudence or as provided by the statutes of the state or
the ordinances of the Borough.
B.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, on the
premises of a building or upon an unoccupied lot. This includes but
is not limited to abandoned wells, shafts, basements, excavations,
abandoned iceboxes, refrigerators or motor vehicles, any structurally
unsound fences or structures, lumber, trash or debris.
C.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
D.
Unsanitary conditions or conditions which render
air, food or drink detrimental to the health of human beings.
OCCUPANT
Any person living, sleeping or having actual possession of
a dwelling unit or rooming unit.
OPERATOR
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.
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 or dwelling unit as owner or agent of the
owner or as fiduciary, including but not limited to executor, executrix,
administrator, administratrix, 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 subletting or reassigning
any part or all of any dwelling or dwelling unit 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 said lessee.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
REFUSE
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
(See also "garbage" and "rubbish.")
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials. (See also "garbage" and "refuse.")
STRUCTURE
Anything that is built or constructed and permanently affixed
on or under the ground or upon another structure or building.
Every residential and nonresidential building
and the premises on which it is situated in the Borough previously
or presently used or intended to be used for dwelling, commercial,
business or industrial occupancy shall comply with the provisions
of this code, whether or not such building shall have been constructed,
altered or repaired before or after October 9, 1968, and irrespective
of any permits or licenses which shall have been issued for the use
or occupancy of the building or for the installation or repair of
equipment or facilities prior to October 9, 1968.
This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein except as provided in §
339-7.
In any case where the provisions of this code
impose a higher standard than set forth in any other ordinance of
the Borough or under the laws of the state, then the standards as
set forth herein shall prevail, but if the provisions of this code
impose a lower standard than any other ordinance of the Borough or
of any law of the state, then the higher standard contained in any
such other ordinance or law shall prevail.
No certification of compliance with this code
shall constitute a defense against any violation of any other ordinance
of the Borough applicable to any structure or premises.
Owners and operators shall have all the duties
and responsibilities as prescribed in this code, and no owner or operator
shall be relieved from any such duties and responsibilities nor be
entitled to defend against any charge of violation thereof by reason
of the fact that the occupant is also responsible therefor and in
violation thereof.
Occupants shall have all the duties and responsibilities as prescribed in §
339-15 of this code, and the occupant shall not be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or occupant is also responsible therefor and in violation thereof.
Unless expressly provided to the contrary in
this code, the respective obligations and responsibilities of the
owner and operator on 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.
[Amended 10-13-2009 by Ord. No. 09-24]
The Construction Code Official and/or any Zoning
Officer of the Borough are hereby designated as the officers charged
with the enforcement of this code and shall be considered Enforcement
Officers with regard to the provisions of this code. For purposes
of conducting hearings in accordance with the provisions of this code,
the Construction Code Official shall be designated as the Hearing
Officer before whom hearings shall be held. In addition, all members
of the Police Department and authorized inspectors of the Volunteer
Fire Department, Building Department and Board of Health of the Borough
are hereby designated as Assistant Enforcement Officers for purposes
of the enforcement of this code. Enforcement Officers are hereby authorized
and directed to exercise the powers prescribed by this code, to enforce
this code and to make inspections to determine the condition of commercial,
business and industrial premises, structures and buildings, residential
premises, structures and buildings and dwellings, dwelling units,
lodging units (hereinafter "premises") and any and all properties
(vacant or otherwise) located within the Borough of Paramus in order
that they may perform their duties of safeguarding the health, welfare
and safety of the occupants thereof and of the general public. For
the purpose of making such inspections, the Enforcement Officers are
hereby authorized to enter, examine and survey at all reasonable times
all such premises. The owner or occupant of such premises, or the
person in charge thereof, shall give the Enforcement Officers free
access thereto at all reasonable times for the purpose of such inspection,
examination and survey. No inspection shall interfere with the legal
or constitutional rights of the owner, operator or occupant. Every
occupant shall give the owner thereof, or his or her agent or employee,
access at all reasonable times for the purpose of making such repairs
or alterations as are necessary to effect compliance with the provisions
of this chapter or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this chapter.
The Enforcement Officer may, at his election:
A. Prosecute violations of any section of this code involving
public health or public safety without notice, by the filing of a
complaint in the Municipal Court of the Borough.
B. Enforce the provisions of this code by notice and hearing as provided in §
339-18.
[Amended 10-13-2009 by Ord. No. 09-24]
A. Whenever
the Enforcement Officer or any Assistant Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this code, he or she shall give notice
of such alleged violation by preparing a complaint and forwarding
said complaint to the person or persons responsible therefor as hereinafter
provided. The owner or other person receiving said complaint shall
be given an opportunity to file an answer to said complaint.
B. Such notice
shall:
(2) Include
a statement of the reasons why it is being issued;
(3) State
that unless, within 10 days from service of the notice, a written
request is made for a hearing before the Hearing Officer, said notice
shall, at the expiration of such ten-day period, be deemed an order
to cease and desist from and to abate the described violation;
(4) Prescribe
a reasonable time within which such person shall be required to cease
and desist from and abate such violation.
C. The notice
and complaint may also contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this code.
D. The notice
and complaint may be served upon the owner or occupant of the premises
or the agent of either of them, provided that such notice shall be
deemed to be properly served if a copy thereof is served upon such
person personally or sent by certified or registered mail to his or
her last known address or posted in a conspicuous place in or about
the premises affected by the notice.
[Amended 10-13-2009 by Ord. No. 09-24]
At any hearing held before the Hearing Officer
pursuant to the provisions of this code, the Hearing Officer shall
be vested with all the powers provided by law to issue subpoenas to
compel the attendance of witnesses and parties in interest and to
require the production of books, records and other documents which
may be pertinent to matters to be determined by the Hearing Officer.
The Rules of Evidence prevailing in the New Jersey Court System shall
not apply at said hearing.
[Amended 10-13-2009 by Ord. No. 09-24]
A. Any person given notice pursuant to §
339-18 shall be entitled to a hearing, if requested, before the Hearing Officer.
B. If such
hearing is requested, it shall be commenced no later than 10 days
after request therefor is made, provided that for good cause the Enforcement
Officer may postpone such hearing for a reasonable time.
C. If, after
hearing, the Hearing Officer finds that no violation exists, the notice
of violation shall be withdrawn.
D. If the
Hearing Officer finds that violation does exist, it shall enter and
issue an order requiring the abatement of the same within a prescribed
reasonable time.
E. The proceedings
at such hearing, including the findings and decision of the Hearing
Officer, shall be summarized, reduced to writing and entered as a
matter of public record in the office of the Borough Clerk.
F. Failure
to comply. If the owner, operator or occupant of the premises fails
to comply with an order to repair, alter, clean, remove any violation,
or improve or, at the option of the owner, operator or occupant, to
vacate and close a building, the Enforcement Officer may cause such
building to be repaired, altered, cleaned, or improved, or to be vacated,
and closed, or to be demolished in compliance with the provisions
of N.J.S.A. 40:48-2.5 et seq., or take such other action as is required
to remove the violation found to exist. The Enforcement Officer may
instruct Borough employees to remove the violation or the Borough
may employ private contractors to remove the violation, all at the
property owner and/or occupant's expense.
[Amended 9-12-1989 by Ord. No. 89-35; 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2; 10-13-2009 by Ord. No. 09-24]
A. In addition to any other penalties or provisions contained hereunder, any person who shall violate any of the provisions of this chapter or any other promulgated hereunder shall, upon conviction, be subject to the penalties provided by §
1-15 of this code.
B. The cost
of the filing of legal papers, expert witness fees, search fees, publications
and advertising charges incurred in the course of any hearing or proceeding
taken under this chapter determined in favor of the Borough and such
cost of such repairs, cleanups, alterations or improvements to a building,
or of vacating and closing a building, or other action taken to remove
any violations of this chapter as authorized under this code, if any,
or the amount of the balance thereof remaining after deduction of
the sum, if any, realized from the sale of materials derived from
such building, shall be a municipal lien against the real property
upon which such cost was incurred. The Enforcement Officer shall certify
the cost thereof to the governing body which shall examine the certificate
and, if found correct, shall cause the cost as shown thereon to be
charged against said lands. The amount so charged shall forthwith
become a lien upon such lands and shall be added to and become and
form part of the property taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as property
taxes, and shall be collected and enforced by the same officers and
in the same manner as property taxes.