[HISTORY: Adopted by the Borough Council
of the Borough of Alpine as Ch. XXIV (Ord. No. 481) of the 1970 Revised
General Ordinances. Amendments noted where applicable.]
A.
Title. This chapter shall be known as, and may be
cited by, the short form title of the "Property Maintenance Ordinance,"
herein referred to as "this chapter."
B.
Findings and declarations of policy. Experience and
observation have shown that lack of maintenance may lead to progressive
deterioration. In turn, this may lead to blighting conditions which,
if not curtailed or removed, may grow and spread and necessitate the
expenditure of large amounts of public funds to correct or eliminate.
Through the establishment of the regulations and restrictions contained
herein, the desirability of residential and nonresidential uses and
the amenities of neighborhoods will be enhanced and the general health,
safety and welfare of all residents fostered and protected.
C.
Purpose. The purpose of this chapter is to protect
the public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance and condition of residential
and nonresidential premises. It fixes certain responsibilities upon
owners, operators, occupants and other persons. It authorizes and
establishes procedures for the inspection of residential and nonresidential
premises. It fixes penalties for the violations of this code and provides
procedures for correcting violations in those cases requiring borough
action. This chapter is hereby declared to be protective, preventive
and essential for the public interest.
The following words and terms whenever used
in this chapter shall have the respective meanings herein assigned
to them and shall be construed to include the plurals of these words:
A subordinate structure, the purpose of which is incidental
to that of the main structure of the same lot.
Any roofed structure and any platform, terrace or porch having
a vertical face taller than three feet above the elevation of the
ground at any point.
A condition characterized by holes, breaks, rot, crumbling,
cracking, peeling, rusting or other evidence of physical decay or
neglect, vandalism, lack of maintenance, excessive use and/or the
uncorrected consequences of natural catastrophe.
Any premises, or any part thereof, which may be viewed lawfully
by the public or any member thereof.
Open space on the premises exclusive of any structures.
Any device or condition likely to cause fire and situated
so as to endanger other persons or property, including but not limited
to accumulation or storage of ignitable or explosive material in sufficient
amount or located so as to jeopardize either persons or property by
obstructing safe and ready means of entrance and exit.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The presence of vermin on the premises which constitute a
nuisance or a health hazard.
To keep in good repair and to preserve property.
Premises or portions thereof, not used for or associated
with dwelling units.
Any condition so defined by common law, the
statutes of the State of New Jersey, or the ordinances of the Borough
of Alpine;
Any condition which may prove attractive but
detrimental to health and safety;
Physical conditions dangerous or detrimental
to the public health and safety;
Anything which renders air, food or drink unwholesome
or detrimental to the public health;
A fire hazard.
Any person who has charge, care or control of premises, or
any part thereof, with or without the knowledge and/or consent of
the owner.
Any person who, alone or jointly or severally with others,
has a legal or equitable interest in any premises, with or without
actual possession of those premises; or shall have charge, care or
control of any premises.
A lot, plot or parcel of land including all the buildings
or structures thereon.
Any officer who is in charge of any department or branch
of the government of the municipality, county or state relating to
health, fire, building regulations, or to other activities concerning
buildings in the municipality.
(See also "garbage.") All nonputrescible solid wastes, including
but not limited to ashes, street cleanings, abandoned vehicles or
portions of vehicles, abandoned toys or recreational means or devices,
abandoned shopping carts, solid market and industrial wastes, household
furnishings including bedding and crockery; such combustible materials
as paper, wrappings, cigarettes, cardboard, leaves and wood; tin cans,
glass and other litter, grass and yard clippings and such putrescible
materials as human or animal wastes, dead animals and other organic
materials not classified as garbage.
Anything constructed, assembled or erected, the use of which
requires location on or in the ground or attachment to something having
its location on or in the ground, and includes fences, tanks, swimming
pools, shelters, towers, advertising devices, bins, tents, lunch wagons
and trailers, dining cars or similar structures on wheels or other
supports used for commercial or residential purposes. Wires and their
supporting poles, towers, and frames of electrical or telephone utilities,
or service utilities entirely below the ground, are also deemed to
be "structures."
Any of various insects or undomesticated animals which are
potentially destructive, annoying or injurious to health.
A.
Applicability. All structures and premises shall comply
with the provisions of this chapter whether or not those structures
and premises have been constructed, altered or repaired before or
after the enactment of this chapter and irrespective of any permits
or licenses which may have been issued for their use or occupancy
prior to the effective date of this chapter.
B.
Higher standard to prevail in case of conflict with
other laws or ordinances. In any case where the provisions of this
chapter impose a higher standard than set forth in any other chapter
of this Code or under the laws of the State of New Jersey, then the
standards set forth in this chapter shall prevail. If the provisions
of this chapter impose a lower standard than any other chapter of
this Code or the laws of the State of New Jersey, then the higher
standard shall prevail.
C.
Enforcement of and compliance with other ordinances.
No certificate of compliance with this chapter shall constitute a
defense against any violation of any other chapter of this Code, nor
shall any provision herein relieve any person from complying with
any other chapter of this Code nor any borough official from enforcing
any other provision.
A.
Premises to be nuisance free. It shall be the duty
of the owner and/or operator to keep the exterior of the premises
free of nuisances which include but are not limited to:
(1)
Garbage and/or refuse.
(2)
Natural growth such as dead and dying or storm-damaged
trees and limbs or other growth which by reason of their condition
or nature (e.g., poison ivy, ragweed) constitute a hazard to persons
lawfully in the vicinity. Trees shall be kept pruned and trimmed to
prevent such conditions. Owners of vacant premises must keep them
free of nuisances.
(3)
Overhanging objects and accumulations of ice and/or
snow which by reason of their location above ground level constitute
a danger of falling on persons lawfully in the vicinity.
(4)
Ground surface hazards such as holes, excavation,
breaks and projections on residential premises within five feet of
an unfenced property line or on any part of a nonresidential premises
to which the public has lawful access.
(5)
Runoff drains must be provided and maintained to eliminate
any recurrent or excessive accumulation of stormwater which renders
any part of any premises unsafe for members of the public lawfully
thereon.
(6)
Sources of infestation, including all environments
and conditions conducive to the increase or spread of vermin.
B.
Maintenance of exteriors. It shall be the duty of
the owner and/or operator to keep and maintain the exterior of the
premises and structures so that the appearance of the same shall not
constitute a blighting factor, including but not limited to the following:
(1)
Storage of commercial and industrial material. There shall not be stored or used at a location exposed to public view equipment and materials relating to commercial or industrial uses, unless permitted under Chapter 220, Zoning.
(2)
Landscaping. Premises shall be kept from becoming
overgrown and/or unsightly. Vegetation along the public right-of-way
shall be kept from becoming a hazard to pedestrians and motorists.
(3)
Signs. All signs permitted by reason of other regulations shall be maintained in good repair and printed matter, pictures or illustrations contained on the signs shall be completely maintained and, when no longer in use, completely removed. Any temporary sign, including paper advertising material, glued or otherwise attached to a structure or windows or otherwise exposed to public view shall be removed at the expiration of the event for which it is granted or within 30 days after posting, whichever shall occur sooner. Signs shall otherwise comply with the provisions of Chapter 177, Signs.
(4)
General maintenance. The exterior of every structure
shall be maintained in good repair for purposes of preservation and
appearance and free of conditions reflective of deterioration or inadequate
maintenance.
(5)
Front yard parking. No person shall park any motor
vehicle in any front yard area except on driveways and parking areas
constructed and installed in compliance with borough ordinances.
[Amended by Ord. No. 514]
No person or persons, resident or nonresident,
within the legal borders of the Borough of Alpine shall dump or litter
on or destroy public or private property, including but not limited
to:
A.
Dumping. No person shall throw, dump or place any
garbage, trash, debris, refuse, rubbish or other waste material on
any public or private property within the limit of the borough except
for materials covered by scheduled pickup programs. Materials for
scheduled pickup may not be placed on the public right-of-way any
sooner than the 48 hours prior to the scheduled date of pickup.
B.
Littering. No person shall litter sidewalks, roadways,
railroad rights-of-way or vacant lots whether publicly or privately
owned.
C.
Destruction of plantings. No person shall pick, trample
or destroy any shrubbery, flowers, trees or plantings on any public
or private property other than his own.
D.
Destruction of structures or signs. No person shall
mark, mar, deface or destroy any public structure or sign on a public
or private building.
E.
Dumping in private receptacles or dumpsters. No person
shall discard personal accumulations of garbage or refuse in receptacles
or dumpsters maintained by businesses or the borough for their own
purposes, or in refuse containers owned and maintained by businesses
and the borough for the incidental discard of litter by patrons or
pedestrians. Dumpsters maintained by business shall be monitored against
overflow by those businesses.
F.
Unobstructed borough streets or rights-of-way. No
person shall throw, put or place or cause or permit to be thrown,
put or placed into, upon or within any public street, road or place
in the borough any substance, matter or thing whatsoever whereby the
safe, free or unobstructed use of the same by the public may be in
anywise impeded or interfered with or whereby the same may be rendered
unsightly in appearance, and no person shall put on, deposit or leave
any rubbish, refuse or other materials in or upon any of the sidewalks
or gutters of public streets or roads or placed within the borough.
No person shall erect, maintain or construct a structure, shelter
or bin to house garbage cans, trash cans or other receptacles in,
on or near the borough road or right-of-way. No person shall construct,
erect or maintain a basketball stand backboard in or near a borough
road or right-of-way.
The following are additional duties and responsibilities
of owners and operators applicable to all structures and premises
other than one- and two-family dwellings:
A.
Windows. All windows exposed to public view shall be kept clean and free of marks or foreign substances except for temporary signs permitted by Chapter 177, Signs, and when necessary in the course of changing displays. No storage of materials, stock or inventory shall be permitted in window areas exposed to exterior public view unless said areas are first screened from the public view by draperies, shades or blinds which shall be maintained in clean and attractive manner and in a good state of repair.
B.
Store fronts. All store fronts shall be kept painted
and/or in good repair and shall not constitute a safety hazard or
nuisance. Necessary repairs shall be made with identical materials
to those used in the original construction, when permitted by the
Uniform Construction Code or with materials qualitatively superior
to those.
C.
Awnings, marquees and signs. Awnings, marquees and
signs when permitted by the Uniform Construction Code shall be maintained
in good repair and shall not constitute a nuisance or a safety hazard.
D.
Parking lots, sidewalks and rights-of-way. Parking
lots, sidewalks and rights-of-way shall be kept free of litter, refuse
and garbage and shall have all exterior grounds not covered by impervious
material, gravel or wood chips planted with grass, ground cover and/or
seasonal plantings.
E.
Litter, refuse or garbage receptacles. Commercial
establishments must provide and maintain receptacles, compatible with
those provided by the borough, wherein the public may dispose of any
wrappings, containers or other refuse. Receptacles maintained by businesses
shall be monitored against overflow by those businesses.
[Amended 1-27-2021 by Ord. No. 801]
A.
Designation of the public officer. All inspections,
regulations, enforcement and hearings on violations of the provisions
of this chapter, unless expressly stated to the contrary, shall be
under the direction and supervision of the Property Maintenance Officer.
The Property Maintenance Officer may appoint or designate such other
local public officers or employees to perform duties as may be necessary
to the enforcement of this chapter, including the making of inspections
and appearances at hearings.
B.
General administrative provisions. The Property Maintenance
Officer shall make inspection to determine whether the condition of
any premises is in compliance with this chapter.
(1)
Following inspection, if the Property Maintenance
Officer determines the premises are not in compliance with this chapter,
he shall then issue and cause to be served upon the owner and/or operator
of the premises a written notification stating the nature of the violation
and allowing 30 days for its correction. (In cases where the violation
presents a clear and present danger to public health and safety, the
complaint is to be turned over to the Police Department or the Board
of Health for prompt action within their jurisdictions.)
(2)
Failure to take action upon notice from public officer.
If the violation is not corrected within the 30 days prescribed in
the notice from the Property Maintenance Officer, notification of
the violation and failure to take action will be placed on the agenda
of the Borough Council for the next regularly scheduled public meeting.
(3)
Option of the Mayor and decision of the Borough Council.
(a)
The Mayor, prior to the regularly scheduled
public meeting, may designate the Building Committee to review all
findings and present a recommendation to the Council, or may call
a special meeting for the purpose of reviewing all findings as a committee
of the whole.
(b)
If the decision rendered by the Borough Council
at the regularly scheduled public meeting upholds the decision of
the Property Maintenance Officer, a second notification shall be issued
and served allowing 15 days for correction of the violation and carrying
notice of the penalties which will be imposed for failure to comply.
(c)
The Borough Council may modify or withhold strict
enforcement of this chapter after making determination that:
[1]
Strict enforcement would constitute an undue
and unnecessary hardship on the owner and/or operator because it would
compel expenditures on the premises which would be substantially disproportionate
to any benefit to health, safety or welfare that might be derived
from compliance; and
[2]
The owner and/or operator is without any practical
or feasible means to comply with the strict provisions of this chapter;
and
[3]
The premises are about to change ownership and
the new owner indicates clear intention to bring the premises into
compliance with this chapter.
(d)
The Borough Council may decide to bring the
premises cited into compliance with this chapter through the expenditure
of borough funds. The Property Maintenance Officer shall then present
a report of work proposed to be done to achieve compliance along with
an estimate of its cost. The Borough Council may then by resolution
authorize that the work be done to correct the violation and bring
the premises into compliance with this chapter of the Code of the
Borough of Alpine. The Borough Council may then designate the appropriate
borough employee to oversee the work done and to ensure that it is
in accordance with the Council resolution and does not exceed the
amount specified in the resolution and, upon completion, to submit
a report of the work done and the moneys expended to the Borough Council.
A.
Where any owner or operator fails to comply with an
order issued pursuant to this chapter they shall be deemed in violation
of this chapter and subject to the penalties provided herein. It shall
be the duty of the Property Maintenance Officer to cause a summons
to be issued from the Municipal Court for such violation, but nothing
contained herein shall limit the power of the Property Maintenance
Officer to take such further action under the criminal and civil laws
of this state through any court of competent jurisdiction as may be
necessary to remove or abate any nuisance.
[Amended 1-27-2021 by Ord. No. 801]
B.
Each violation of any of the provisions of this chapter
and each day the violation exists shall be taken to be a separate
and distinct offense and shall be punished as otherwise provided in
this Code. A fine not to exceed $750 per day and per offense, levied
against the owner or operator.
[Amended 7-28-1999 by Ord. No. 560]
C.
Where abatement of any nuisance as defined herein
was accomplished and premises brought into compliance with this chapter
through the expenditure of borough funds, such costs shall be assessed
against the premises cited as a lien in the same manner as real estate
taxes.
[Amended 1-27-2021 by Ord. No. 801]
A.
Inspections. Upon issuance of notice required by § 169-7B(1), the property owner shall correct the condition and notify the Property Maintenance Officer that said condition has been corrected. An inspection shall then be made for which no fee shall be charged. Should full compliance not be achieved upon the issuance of a notice, action described in § 169-7B(1) shall thereupon be required. The borough shall be reimbursed for cost of all reinspections by the property owner. Failure to reimburse the borough shall result in a lien for said cost being placed against the property.
B.
Fees. There shall be no fee for an inspection made following the issuance of notice required by § 169-7B(1). Fees for subsequent inspections to determine compliance shall increase $25 for the first inspection and shall increase in $25 increments for subsequent inspections to be paid by the property owner.
