[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-2005 by Ord. No. 05-2360[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Property Maintenance Code, adopted 3-16-1982 by Ord. No. 1174.
[Amended 12-21-2021 by Ord. No. 21-2589]
A certain document, three copies of which are on file in the office of the Borough Clerk and the Construction Official of the Borough of Bergenfield, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Bergenfield, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, building and structures; by providing the standard for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of building and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the offices of Bergenfield are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, deletions and changes, if any, prescribed in § 232-2 of this article.
The following sections are hereby revised.
Section 101.1. Insert "Bergenfield."
Section 103.5. Insert "The Fee Schedule will be available in the Construction Office."
Section 111. Omit.
Section 304.14. Insert "from April 1 through October 30."
Section 602.3. Insert "from October 1 through April 1," as needed.
Section 602.4. Insert "from October 1 through April 1," as needed.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be constructed to affect any suit or proceeding impending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this Ord. No. 05-2360[1]; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[1]
Editor's Note: Said Section 3 of Ord. No. 05-2360 repealed Ord. No. 1174, and all other ordinances or parts of ordinances in conflict with this Ch. 232, Art. I.
[Adopted 7-15-2003 by Ord. No. 03-2308]
The purpose of this article is to provide safety standards for light, ventilation, occupancy and fire safety for residential occupancies.
The application for a certificate of occupancy (CO) or continued certificate of occupancy (CCO ) for a residential occupancy shall contain the following information:
A. 
Purpose ( sale or rental ).
B. 
Proposed date of sale or rental.
C. 
Property address.
D. 
Block and lot.
E. 
Owner name(s) and address.
F. 
Contact person name and phone number.
G. 
Purchaser/tenant name and address.
H. 
Delineation and quantity of existing rooms/spaces.
I. 
Delineation and quantity of existing detached structures.
J. 
Maximum permitted occupancy.
K. 
Notarized signature of owner.
L. 
Notarized signature of purchaser/tenant.
M. 
Certificate of smoke detector and carbon monoxide alarm (CSDCMAC).
[Amended 7-18-2017 by Ord. No. 17-2512]
A public officer appointed pursuant to P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.), or any other local official responsible for administration of any property maintenance or public nuisance code to issue a notice to the creditor filing the summons and complaint if the public officer or other authorized municipal official determines that the creditor has violated the article by failing to provide for the care, maintenance, security and upkeep of the exterior of the property. Such notice shall require the person or entity to correct the violation within 10 business days of receipt of the notice, or within five business days of receipt of the notice if the violation presents an imminent threat to public health and safety.
The requirements of this article shall pertain to the sale and/or rental of all residential occupancies.
[Added 7-18-2017 by Ord. No. 17-2512[1]]
If the public officer or other authorized municipal official determines that the owner, tenant, creditor, or other responsible party has failed to abate the violation within 10 days' receipt of notice, or within five days' receipt of a notice that the violation presents an imminent threat to the public safety, the Borough shall cause the violation to be abated at its own expense and risk. The Borough may retain and pay a private service to abate the violation at reasonable cost or direct the Bergenfield Department of Public Works to abate the violation. The Bergenfield Department of Public Works will abate violations after normal working hours at the following rate: a two-man crew at $90/per hour per man with an equipment charge of $150 per incident.
[1]
Editor's Note: This ordinance also repealed former § 232-10, Maintenance of properties in foreclosure, added 12-16-2014 by Ord. No. 14-2474. See now § 233-37.
[Added 7-18-2017 by Ord. No. 17-2512]
An owner, tenant or any responsible party for the care, maintenance, security or upkeep of a property cited in a notice pursuant to this article by the public officer shall be subject to a fine of up to $1,500. Any fines imposed pursuant to this section shall commence 10 days following receipt of the notice, except if the violation represents an imminent risk to public safety, in which case any fines shall commence five business days following receipt of the notice.
[Added 7-18-2017 by Ord. No. 17-2512]
A. 
If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of the public officer, but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under § 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
B. 
The public official shall certify the costs to the Borough Administrator as well as the Mayor and Council, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against such lands. The amounts so charged shall forthwith become a lien upon such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, and shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Added 7-18-2017 by Ord. No. 17-2512]
The 2015 International Property Maintenance Code is hereby adopted by the municipality in its entirety and shall be supplemented as follows:
A. 
Section 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches.[1]
[1]
Editor's Note: Former § 232-14, Lead-based paint, added 10-18-2022 by Ord. No. 22-2605, which immediately followed this section, was repealed 7-16-2024 by Ord. No. 24-2629. See now Ch. 313, Inspections, Lead-Based Paint.