This chapter shall be known as the "Real Property
Maintenance Code of the Borough of Oradell" and may be referred to
in this chapter as the "Property Maintenance Code" or as "this code."
The purpose of this code is to:
A. Provide for the public health, safety and welfare.
B. Avoid, prevent and eliminate hazards to the public
health or safety.
C. Avoid, prevent and eliminate conditions which, if
permitted to exist or continue, will depreciate or tend to depreciate
the value of adjacent or surrounding properties.
D. Preserve property value in the Borough.
E. Prevent the physical deterioration or progressive
downgrading of the quality of housing facilities in the Borough.
F. Maintain the value and economic well-being of the
commercial properties and businesses that serve and help to support
the Borough and its citizens.
G. Prevent and eliminate physical conditions in or on
property which constitute nuisances and are thereby potentially dangerous
or hazardous to the life, health and safety of persons on or near
the premises on which such conditions exist.
H. Establish minimum standards governing the maintenance
and condition of the land, buildings, structures and premises in the
Borough of Oradell.
I. Fix responsibilities and duties upon owners, lessees,
operators and occupants of property.
For the specific purposes of this code, the
following terms, whenever used herein or referred to in this code,
shall have the respective meanings assigned to them hereunder, unless
a different meaning clearly appears from the context:
BLIGHTING INFLUENCE
Any unsightly or unkempt condition or appearance of a premises
that adversely affects the property value or aesthetic quality of
the surrounding neighborhood.
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto; and the open land
space of any premises under the control of the owner or operator of
such premises.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
NUISANCE
A.
Any public nuisance as defined by statute, ordinance
or administrative regulation.
B.
Any attractive nuisance which may prove detrimental
to the health or safety of children. This includes but is not limited
to abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris, garbage, refuse, rubbish
or vegetation, such as poison ivy, poison oak or poison sumac, which
may prove hazardous for inquisitive minors.
C.
Physical conditions potentially dangerous to
human life or detrimental to the health of persons on or near the
premises, including sidewalks, where the conditions exist.
OCCUPANT
Any person residing or living on the premises or having actual
possession, use or occupancy of a dwelling premises or rooming unit,
or any person or entity in possession, use or occupancy.
OPERATOR
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises or a part thereof, with
or without the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof; or who
shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or as a fiduciary, trustee, receiver,
guardian, lessee or mortgagee in possession, regardless of how such
possession was obtained. Any person, group of persons or entity who
is a lessee, sublessee or assignee of a lessee of any part or all
of any building with land shall be deemed to be a co-owner with the
lessor for the purposes of this chapter and shall have responsibility
over the portion of the premises so sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building(s) or structure(s) thereon.
REFUSE
All putrescible and nonputrescible solid waste (except body
wastes) 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 wastes 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.")
In furtherance of the purposes of this code,
it shall be the duty and responsibility of the owner, operator or
occupant of the premises to comply with any or all the requirements
and standards of this code, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
[Amended 9-26-2006 by Ord. No. 06-22; 11-27-2007 by Ord. No.
07-25]
The Construction Official of the Borough is
hereby designated as the officer charged with the enforcement of this
code and is hereafter referred to as the "enforcement officer." All
members of the Police Department, the Superintendent of the Department
of Public Works, and authorized inspectors of the Building Department
and the Board of Health of the Borough are hereby designated as assistant
enforcement officers for the purposes of the enforcement of this code.
The members of the Fire Department shall also be assistant enforcement
officers to the extent of their expertise in the area of fire prevention.
[Amended 5-28-2019 by Ord. No. 19-13]
Whenever the enforcement officer finds that an emergency condition in violation of the code exists, which condition requires immediate attention in order to protect health or safety, he may issue an order by service of notice as set forth in §
190-8, entitled "Enforcement procedures," reciting the existence of such an emergency condition and requiring that such remedial action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this code, such order shall be effective immediately and any person to whom such an order is directed shall comply therewith.
If a hearing is requested pursuant to §
190-8 or
190-9 above, the same shall be commenced not later than 20 days after the filing of the request, provided that for good cause the Mayor and Council may postpone such hearing for a reasonable time by majority vote. The proceedings before the Mayor and Council, including the findings and decision of the Mayor and Council, shall be summarized, reduced to writing and entered as a matter of public record in the office of the enforcement officer.
Any person, firm or corporation found guilty
by the municipal court of violating any provision of this chapter
shall be fined not less than $25 nor more than $500 for each offense.
[Added 8-28-2007 by Ord. No. 07-13;
amended 9-25-2007 by Ord. No. 07-22]
In addition to any penalty that may be imposed
for failure to comply and adhere to any provision of this chapter,
the Borough of Oradell is hereby authorized to take such remedial
action as may be appropriate to bring any premises into conformity
with the provisions of this chapter and to assess the costs incurred
in connection with such remedial action against the owner and/or tenant
of such premises. In such event, the costs so incurred shall be certified
to the Borough Council by the officer in charge of the remedial action.
The Borough Council shall examine such certificate and, if the charges
are found to be correct, shall cause such cost to be charged against
the premises, and the amount so charged shall thereupon become a lien
or tax upon such real estate and shall be added to and be a part of
the taxes next to be levied and assessed thereon. Such charge shall
be enforced and collected with interest by the Collector of Taxes
of the Borough of Oradell in the same manner as other taxes are collected.