[HISTORY: Adopted by the Borough Council
of the Borough of Mountain Lakes 11-12-2002 by Ord. No. 27-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 95.
Environmental factors — See Ch. 102.
Fertilizer — See Ch. 115.
Fire prevention — See Ch. 120.
Hazardous materials — See Ch. 128.
Littering — See Ch. 142.
Solid waste — See Ch. 200.
Shade trees — See Ch. 223.
[1]
Editor's Note: This ordinance also superseded former Ch. 182, Property Maintenance, which consisted of the following: Art. I, Cutting of Brush and Hedges, adopted 6-23-1980 as Sec. 3-9 of the 1980 Code; and Art. II, Property Maintenance Code, adopted by Ord. No. 4-90, as amended by Ord. No. 16-95.
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.
A.
If the owner or tenant shall fail to cut the brush,
hedges or other plant life within 10 days after the giving of notice,
the cutting shall be done by the Department of Public Works.
B.
The Director of Public Works shall certify the cost
thereof to the Borough Manager at its next regular meeting thereafter.
The Manager shall examine the certificate and, if found to be correct,
shall cause the cost, as shown thereon, to be charged against the
lands. In the event such cost is found to be excessive by the Manager,
the Manager shall cause a reasonable cost therefor to be charged against
the lands. The amount so charged shall forthwith become a lien on
the lands and shall be added to and become and form a part of the
taxes next to be assessed and levied upon the lands and shall bear
interest at the same rate as other taxes and be collected and enforced
by the same officers and in the same manner as taxes.
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.
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.
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.
Open space on the premises outside of any building located
thereon.
The control and elimination of insects, rodents and vermin.
Putrescible and vegetable waste resulting from the handling,
preparation, cooking and/or consumption of food. (See also "refuse"
and "rubbish.")
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.
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.
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.
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.
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.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
Overcrowding of a room with occupants in violation
of the State Fire Code.
Inadequate or unsanitary sewage or plumbing
facilities in violation of this code.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
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.
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.
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.
All individuals, associations and corporations who have interest
of record in a building and any who are in actual possession thereof.
A lot, plot or parcel of land, including the buildings or
structures thereon.
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.
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.")
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.")
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.
A.
The term "multiple dwelling" shall have the same meaning
as set forth at length in N.J.S.A. 55:13A-3(k), and the aforesaid
definition of "multiple dwelling" is incorporated herein by reference.
B.
Property maintenance for multiple dwellings shall
be regulated and governed by the Regulations for Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1.1 et seq., which regulations
are hereby adopted by the Borough of Mountain Lakes and incorporated
herein by reference.
C.
Copies of the Regulations for Maintenance of Hotels
and Multiple Dwellings shall be on file in the offices of the Borough
Clerk and the Board of Health and shall be available for inspection
upon request.
D.
The procedures governing the inspection of multiple
dwellings and the enforcement of violations shall be as set forth
in the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.,
and the Regulations for Maintenance of Hotels and Multiple Dwellings,
N.J.A.C. 5:10-1.1 et seq.
A.
All structures and premises in the Borough of Mountain
Lakes shall be kept free of all the following conditions:
(1)
Broken glass, excessive brush, weeds, stumps and roots,
obnoxious growth, filth, garbage, trash, refuse and debris.
(2)
Dead and dying trees, limbs or other natural growths
which by reason of rotting, deteriorating conditions, storm damage
or weathering constitute a hazard to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed to prevent such conditions.
(3)
Loose and overhanging objects and accumulations of
ice and snow which by reason of location above ground level constitute
a danger of falling on persons in the vicinity thereof.
(4)
Holes, excavations, breaks, projections, obstructions,
icy conditions and other safety hazards of walks, driveways, parking
lots, parking areas and other parts of the premises which are accessible
to and used by persons on the premises. All such holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate safety hazards or unsanitary
conditions.
(5)
Sources of infestation or potential infestation by
rodents, mosquitoes, flies and other harmful vermin.
B.
The exterior of every structure or accessory structure,
including fences, shall be maintained in good repair, and all surfaces
thereof shall be kept painted and finished where necessary for purposes
of preservation and appearance. The same shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, excessive
peeling of paint or other conditions reflecting weathering, deterioration
or inadequate maintenance, to the end that the property itself may
be preserved, safety and fire hazards eliminated and adjoining properties
in the neighborhood protected from blighting influences.
C.
There shall not be stored or used, at a location visible from the sidewalk, streets or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under Chapter 245, Zoning, of this Code for the particular premises.
D.
Natural vegetation, landscaping, lawns, hedges and
bushes shall not be allowed to become overgrown and unsightly where
exposed to public view.
E.
Receptacles for garbage and recyclables shall be stored
in the back or side yards. They may be stored in the garage and placed
in front of the garage on the day of the regularly scheduled pickup.
Receptacles are not to be placed at the curb of Borough roadways.
F.
All parts of the premises shall be kept in a clean
and sanitary condition, free of nuisances and free of health, safety
and fire hazards.
G.
Adequate runoff drains shall be provided and maintained
to eliminate any recurrent or excessive accumulations of stormwater.
H.
Vehicles and other items of personal property stored outdoors shall
be maintained free of broken glass, excessive peeling of paint, or
other conditions reflecting excessive weathering, deterioration, or
inadequate maintenance. These items shall be stored in such a manner
that safety and fire hazards are eliminated and adjoining properties
in the neighborhood are protected from blighting influences.
[Added 10-12-2016 by Ord.
No. 08-16]
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."
A.
Where a violation of this article or the regulations
hereunder is found to exist, a written notice from the enforcing agent
shall be served upon the owner responsible for correcting such condition.
The notice shall contain the following:
B.
The enforcing agent may extend the time for correction
and abatement of any violation of this article for a period, not to
exceed 30 days, except where major capital improvement or renovations
are involved, in which case the time for completion may be extended
for such a period of time as the enforcing officer may deem reasonably
adequate.
A.
A violation of this article by failure to comply with an order entered by the enforcing agent pursuant to § 182-12 shall be punishable by a fine not to exceed $1,000 for each violation committed hereunder. Each violation of a different section of this code shall constitute a separate and distinct violation independent of any other section. Each day's failure to comply with any provision of this code shall constitute a separate violation.
B.
After initial notification, any subsequent violation
of any subsection of the article will be considered to be in violation
and shall be subject to a summons without further notification. All
notifications are considered for a two-year period after the initial
notification.
