The owner or tenant of lands lying within the
limits of the Borough shall keep all brush, hedges and other plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two or more roadways cut to a height of not more than
2 1/2 feet, where the Borough Manager shall deem it necessary
and expedient for the preservation of public safety.
After a determination by the Borough Police
Chief or the Code Enforcement Official that it is necessary and expedient
for the preservation of public safety to cut brush, hedges or other
plant life, 10 days' notice shall be given by the Borough Police Chief
or the Code Enforcement Official, in writing, by mail or personal
service, to the owner or tenant, notifying him of the determination.
This article shall be known as the "Property
Maintenance Code" of the Borough of Mountain Lakes.
It is hereby found and determined that there
exist in the Borough of Mountain Lakes structures used for residential
and nonresidential use which are or may become in the future substandard
with respect to structure, equipment or maintenance. It is further
found that conditions of the above-described property, including but
not limited to structural deterioration, lack of maintenance and appearance
of the exterior of premises, infestation, lack of essential heating,
plumbing, storage of 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 the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Borough of Mountain Lakes. The Borough Council of the Borough
Mountain Lakes further finds and declares that, by reason of lack
of maintenance and the existence of progressive deterioration, certain
properties have the further effect and/or the further potential effect
of creating blighted conditions that, if the same are not curtailed
and removed, the aforesaid conditions will grow and spread and will
necessitate in time the expenditure of large amounts of public funds
to correct and eliminate the same and that, by reason of timely regulation
and restrictions as herein contained, the growth of depressed areas,
slums and blight may be prevented. It is further found that such prevention
will maintain neighborhood and property values, as well as the desirability
and amenities of residential and nonresidential uses; and it is further
found that such prevention will protect and foster the public health,
safety and welfare.
The purposes of this Property Maintenance Code
are as follows:
A. To protect the public health, safety and welfare of
the citizens of Mountain Lakes by establishing minimum standards governing
the maintenance, appearance, conditions and occupancy of property.
B. To authorize and establish procedures for the enforcement
of this code.
C. To fix certain responsibilities and duties upon owners
and operators and distinct and separate responsibilities and duties
upon occupants; to authorize and establish procedures for the inspection
of residential and nonresidential premises.
D. To fix penalties for the violations of this code.
The following terms, wherever used herein or
referred to in this code, shall have the respected meanings assigned
to them, unless a different meaning clearly appears from the context.
All definitions of the BOCA Basic Building Code are hereby included.
DETERIORATION
The condition of a building or structure or 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.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof of any building or structure
or any part thereof which may be lawfully viewed by the public or
any member thereof.
EXTERMINATION
The control and elimination of insects, rodents and vermin.
GARBAGE
Putrescible and vegetable waste resulting from the handling,
preparation, cooking and/or consumption of food. (See also "refuse"
and "rubbish.")
HABITABLE ROOMS
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water-closet compartments, home laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
or utility rooms. Other rooms or spaces that are not used frequently
or for an extended period of time or have less than 50 square feet
of interior floor area shall not be considered as habitable rooms.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard either to the occupants
of the premises and/or to surrounding properties and/or residents.
MIXED OCCUPANCY
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to non-dwelling uses
or as a motel.
NUISANCE
A.
Any public nuisance recognized in common law
or in equity jurisprudence or as provided by the statutes of the State
of New Jersey or the ordinances of the Borough of Mountain Lakes.
B.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, on the
exterior of premises or upon an unoccupied lot. Attractive nuisances
include but are not limited to: abandoned wells, shafts, basements,
excavations, abandoned swimming pools, abandoned ice boxes and/or
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation such as poison
ivy, oak or sumac which may prove hazardous for inquisitive minors.
C.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
D.
Overcrowding of a room with occupants in violation
of the State Fire Code.
E.
Inadequate or unsanitary sewage or plumbing
facilities in violation of this code.
F.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
G.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
H.
Fire hazards, which shall include but not be
limited to the maintenance and/or storage of combustible materials,
the maintenance and/or storage of flammable chemicals and/or the maintenance
of an uncontrolled open fire.
OPERATOR
Any person who has charge, care or control of a dwelling
or premises or any 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 who shall have charge,
care or control of any dwelling unit as owner or agent of the owner
or as executor, executrix, administrator, administrative trustee,
receiver or guardian of the estate or as a mortgagee in possession,
regardless of how such possession was obtained. Any person who is
a lessee subletting or assigning any part 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.
PARTIES IN INTEREST
All individuals, associations and corporations who have interest
of record in a building and any who are in actual possession thereof.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
PUBLIC OFFICER
Any officer who is in charge of any department or branch
of the government of the Borough of Mountain Lakes, County of Morris
or State of New Jersey, relating to health, fire, building regulations
or to other activities concerning buildings in the Borough. Includes
but not limited to Borough Manager, Code Enforcement Official, Police
Chief, Health Officer and Construction Official.
REFUSE
All putrescible and nonputrescible solid waste (except body
waste), 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 waste 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. (See also "garbage" and "refuse.")
VEHICLE
A machine propelled by other than human power, designed to
travel along the ground by use of wheels, treads, runners or slides
and to transport persons or property or pull machinery, including
an automobile, truck, trailer, motorcycle, tractor, buggy, wagon,
lawn mower and boats.
Nothing in this article shall be construed to
abrogate or impair the powers of the Borough of Mountain Lakes to
enforce any provisions of its ordinances or regulations or prevent
or punish violations thereof, and the power conferred by this article
shall be in addition to and supplemental to the powers conferred by
any other law or ordinance.
The provisions of this article shall be enforced
by the Borough Health Officer, Construction Official, Police Chief
and Code Enforcement Official, who shall be referred to herein as
the "enforcing agent."