All of the provisions contained in this article
shall be applicable to both residential and nonresidential buildings
and premises, except where specifically provided to the contrary.
The exterior of any premises shall be kept free
of refuse, nuisances and any hazards to the safety of occupants, pedestrians
and other persons utilizing the premises and free of unsanitary conditions.
It shall be the duty of the owner or operator to keep the premises
free of or remove, abate and correct the premises against such conditions,
which include but are not limited to the following:
A. Defective chimneys and flue and vent attachments thereto.
Chimneys and flue and vent attachments thereto, if used, shall be
maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designed and constructed. Chimneys, flues, gas vents and other draft-producing
equipment shall provide sufficient draft to develop the rated output
of the connected equipment, shall be structurally safe, durable, smoke-tight
and capable of withstanding the temperature and action of flue gases.
B. Unsafe exterior porches, landings, balconies, stairs
and fire escapes. In all buildings other than one-family dwellings,
exterior porches, landings, balconies, stairs and fire escapes shall
be provided with banisters or railings properly designed and kept
structurally sound, in good repair, well painted or otherwise provided
with a protective treatment to prevent deterioration and free from
defects.
D. Hazardous natural growth. Trees and limbs or other
natural growth which constitutes a hazard or may be dangerous to persons
in the vicinity thereof.
E. Overhangings. Loose, overhanging and projecting objects
which by reason of location above ground level constitute dangers
to persons in the vicinity thereof.
F. Dangerous or unsanitary conditions. Holes, excavations,
breaks, projections, icy conditions, uncleared snow, obstructions
and excretion of pets or other animals on paths, sidewalks, walks,
driveways, parking lots and parking areas and other parts of the exterior
of the premises which are accessible to and used by persons having
access to such premises.
G. Recurring accumulation of stormwater. Adequate runoff
drains shall be provided and maintained in accordance with applicable
Borough ordinances to eliminate recurrent accumulations of stormwater.
I. Defective walls. Foundation walls and retaining walls
shall be kept structurally sound, free from defects and damage and
capable of sustaining imposed loads safely.
J. Awnings and marquees. Any awning or marquee and its
accompanying structural members which extend over any street, sidewalk
or other portion of the premises shall be maintained in good repair
and shall be so maintained as to not constitute a nuisance or a safety
hazard. In the event that any such awning or marquee is not properly
maintained in accordance with the foregoing, it shall, together with
its supporting member, be removed forthwith. Where such awning or
marquee is exposed to public view, it shall be maintained in good
condition and shall not show evidence of excessive weathering, ripping,
tearing or other deterioration. Nothing herein shall be construed
to authorize any encroachment of an awning, marquee or its accompanying
structural members on streets, sidewalks or other parts of the public
domain.
K. Sidewalks, driveways, etc. All sidewalks, driveways,
walkways and entrance stairways shall be maintained in a safe condition
such as will not constitute a hazard to persons using the premises.
L. Waterways and brooks, etc. All waterways, brooks,
drainage ditches and swales, to the extent that the same are located
on or immediately adjacent to the premises, shall be maintained free
of obstructions which would impede the natural flow of water.
M. Grass
and weeds.
[Added 10-20-2008 by Ord. No. 31-08]
(1) Removal
of grass and weeds. The owner or owners, tenant or tenants of lands
located in the Borough of Leonia shall remove all weeds from their
property and properly cut or trim all landscaping, hedges, bushes,
shrubs and nonornamental grasses after receiving notice to do so.
All nonornamental grass shall be cut to a height of less than four
inches from the ground and all weeds removed.
(2) Failure
to remove; penalties. In case the owner or owners, tenant or tenants
of lands abutting or bordering upon the sidewalks and gutters of public
streets, avenues, highways and public places shall refuse or neglect
to cut all grass and remove all weeds and other impediment therefrom
after three days' notice, said owner or owners, tenant or tenants
shall be liable for a violation of this chapter and shall be subject
to penalty as hereinafter provided and, upon refusal or neglect of
such owner or owners, tenant or tenants to remove such grass or weeds
or other impediments within the time or times herein provided, the
same may be removed by the Borough of Leonia at the direction of its
Director of Public Works or other person or officer having charge
of the streets and avenues and the cost thereof collected in the manner
hereinafter provided.
[Amended 7-15-2013 by Ord. No. 04-13]
A. The exterior
of every building or accessory building, including fences, shall be
maintained in good repair. They shall be maintained free of conditions
reflective of extensive deterioration and subnormal maintenance, characterized
by such conditions as numerous broken panes of glass, openings unprotected
by doors or windows, loose or missing siding or roof coverings affecting
5% or more of the outside surface, numerous instances of rotting wood
or crumbling stones or bricks, defective or inoperable leaders or
gutters which permit water damage to the property, to the end that
the property itself may be preserved, safety and fire hazards eliminated
and the general welfare of the neighborhood protected.
B. Whenever
a property shall be maintained as a vacant lot, or shall have had
its building improvements removed or demolished, whether for development,
redevelopment or for any other reason, and shall remain in that condition
for more than 180 days, the property owner shall be required to conform
and maintain the property in a manner which shall be safe, secure
and visually appealing. The obligations on the property owner shall
include the following:
(1) Any
debris or remnants of demolished improvements shall be removed.
(2) The
property shall be covered with topsoil and grass planted and maintained.
(3) The property shall be maintained in accordance with all of the provisions of Article
V of these ordinances, titled "Maintenance of Exterior of Premises."
C. Property owners shall have 60 days to comply with the requirements of Section
212-13B after being notified of a violation.
If the owner or operator of any lands or buildings
in the Borough shall fail or neglect to remove refuse within 10 days
after notice to remove the same in the manner and within the time
provided, the Public Officer may, in addition to such other remedies
provided herein, cause the same to be removed by the Borough. In such
cases the Public Officer shall certify the cost thereof to the Mayor
and Council, which shall examine the certificate and, if found correct
and reasonable, shall, by resolution, approve the cost as shown thereon
to be charged against said lands. The amount so charged shall become
a lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands; the same
to bear interest at the same rate as taxes and shall be collected
and enforced in the same manner as are taxes.