Borough of Brooklawn, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 9-12-1983 as Ord. No. 6-83. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 63.
Commercial maintenance standards — See Ch. 68.
Zoning — See Ch. 150.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code, 1980 Revision (N.J.A.C. 5:28-1.1 et seq.), as approved by the New Jersey Department of Community Affairs, Division of Housing, and filed with the Secretary of State, is hereby accepted, adopted and established as the standard to be used in determining whether dwellings in the Borough of Brooklawn are safe, sanitary and fit for human habitation and rental. Three copies of the New Jersey State Housing Code, 1980 Revision, are on file in the Borough Clerk's office and are available to all persons desiring to use and examine the same.
The State Housing Code adopted in § 98-1 is hereby amended by the addition of the following sections:
A. 
Section 10.10, Duties and responsibilities of owner and operator, is added to read as follows:
10.10. Duties and responsibilities of owner and operator.
1.
Maintenance of exterior of premises free of hazards and unsanitary conditions.
a.
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards, which include but are not limited to the following:
(1)
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
(2)
Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhanging objects. 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)
Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and 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.
2.
Appearance of exterior of residential premises and structures. The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the residential standards of the neighborhood or such higher standards as may be adopted as part of a plan of urban renewal by the Borough of Brooklawn and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values, including the following:
a.
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under the Zoning Ordinance for the premises.
b.
Landscaping. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property and impairing the good residential character of the neighborhood.
c.
Signs. All signs permitted by reason of other regulatlons or as a lawful nonconforming use shall be maintained in good repair, and printed matter, pictures or illustrations contained thereon shall be completely maintained or, when no longer in use, completely removed.
B. 
Section 10.11 is added to read as follows:
10.11. The owner of any property under order by the public officer to repair or demolish said property shall not convey such property to a new owner without first notifying the public officer. The new owner shall comply with the order of the public officer as served upon the seller of said property and shall not occupy said building or premises until the order of the public officer is obeyed and a certificate of occupancy is issued by the public officer .
C. 
Section 12.5, Obstructions, is added to read as follows:
12.5. Obstructions. The front, side and back yard, the driveway, walks or other parts of the outside premises of any building or any lot on which no building is located shall not contain any boxes, barrels, sticks, stones, bricks, bottles, cans, metal drums, iron pipe, old sheet metal, old furniture, unused motor vehicles and boats, auto parts, old tires, unused bicycle or parts, filth, junk, rubbish, trash, debris, old lumber or firewood unless such lumber or firewood is neatly stacked and not more than five feet in height or piled on supports at least eight inches above the ground and stored not less than one foot from the property line; nor shall the grass or weeds on such premises be allowed to attain a growth of more than 10 inches. Shrubs and flowering woody plants shall be kept under control and shall not be allowed to grow beyond the boundaries of the premises on which a building is located. Various and sundry shacks and outhouses, including tool houses, storage sheds and garages, shall be repaired or improved so that they shall be aesthetically acceptable or shall be demolished. Every fence which wholly or partially encloses a premises on which a building is located must be maintained in a manner that is aesthetically acceptable and shall not have broken posts, broken supporting members nor holes or voids in such fences.
[Amended 4-21-1986 by Ord. No. 7-86]
The Construction Code Official and Board of Health are hereby designated as the officer and body to exercise the powers prescribed by this chapter, provided that the Borough Council may, by resolution duly adopted at any time subsequent to the passage of this chapter, designate or appoint one or more public officers to aid the Construction Code Official and Board of Health or to act in their stead for the better enforcement of the provisions of this chapter .
[Added 12-15-2008 by Ord. No. 15-08[1]]
In case the owner, operator and/or occupier of any such land shall refuse, neglect to or fail to comply with any provision of this chapter within five days after the first notice of a violation or three days after a second or subsequent violation thereof, the Superintendent of Public Works may remove the same or cause the same to be removed under his direction.
[1]
Editor's Note: This ordinance also repealed former § 98-4, Notice of violation; hearing. See now §§ 98-4.1 and 98-4.2.
[Added 12-15-2008 by Ord. No. 15-08]
Written notice shall be served upon any such person who owns, operates or occupies a premises by first class mail to the property address or the owner's address as listed with the Brooklawn Tax Collector, describing the condition of the premises and demanding that the condition be abated within five days of the date of said notice, or an appropriate complaint shall be filed in violation of this chapter.
[Added 12-15-2008 by Ord. No. 15-08]
In the event that personal service of the written notice cannot be made, service shall be accomplished by posting said notice in a conspicuous place on the premises.
[Added 12-15-2008 by Ord. No. 15-08]
Where the owner, operator and/or occupier shall refuse and/or neglect to correct the violation(s) within five days after the date of the notice as referenced in § 98-4.1 of this chapter, or upon the expiration of five days following posting of notice as provided in § 98-4.2 of this chapter, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in § 98-4.1 of this chapter, or upon the expiration of three days following posting of notice as provided in § 98-4.2 of this chapter, the Borough may correct or cause the violation(s) to be corrected, at the expense of the owner, operator and/or occupier of the property.
[Added 12-15-2008 by Ord. No. 15-08]
Where the owner, operator and/or occupier refuses and/or neglects to correct the violation(s) within five days after receipt of notice as referenced in § 98-4.1 of this chapter, or upon the expiration of five days following posting of notice as provided in § 98-4.2 of this chapter, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in § 98-4.1 of this chapter, or upon the expiration of three days following posting of notice as provided in § 98-4.2 of this chapter, and the Borough is required to take corrective measures as referenced in § 98-4.3 of this chapter, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property for a period of 120 days from the expiration of five days following posting of notice as provided in § 98-4.2 of this chapter.
[Added 12-15-2008 by Ord. No. 15-08]
In all cases where such conditions are abated by the Borough of Brooklawn pursuant to § 98-4.3 of this chapter, the Superintendent of Public Works, or his designee, shall certify the cost thereof to the Council of the Borough of Brooklawn, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon such land and shall be added to and become a 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 by the Borough of Brooklawn Tax Collector.
[Amended 4-21-1986 by Ord. No. 7-86]
Whenever the Construction Code Official finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but upon petition to the Construction Code Official shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Construction Code Official shall continue such order in effect, or modify it or revoke it.
[Amended 4-21-1986 by Ord. No. 7-86]
The Construction Code Official is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this chapter, provided that such rules and regulations shall not be in conflict with the provisions of this chapter nor in anywise alter, amend or supersede any of the provisions thereof. The Construction Code Official shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Borough Clerk.
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
A. 
All buildings or structures used, occupied or offered for occupancy as dwelling units or as apartments on a lease or rental basis shall be inspected by the Construction Code Official or his representative on every initial occupancy, change in ownership or change of occupancy after the effective date of this chapter .
B. 
No owner, agent, broker or person shall sell, rent or lease or allow any person or persons to occupy or live in, as an owner, tenant or otherwise, any dwelling unit or apartment unless a certificate of occupancy certifying that the dwelling unit or apartment is fit for human habitation and that the dwelling unit or apartment is in compliance with all other ordinances of the Borough of Brooklawn shall have first been obtained from the Construction Code Official or his representative.
C. 
Approval or disapproval for occupancy shall be based on applicable borough ordinances and laws of the State of New Jersey and shall include but not be limited to such conditions as those included in this chapter and in Article 19, Maintenance, of the Regulations for the Construction and Maintenance of Hotel and Multiple Dwellings, as promulgated by the State of New Jersey, Department of Community Affairs, adopted July 19, 1968, and amendments thereto.
D. 
In addition to the requirements for a certificate of occupancy hereinabove set forth in Subsection C, each dwelling unit shall have installed and operable one smoke detector located within 10 feet of each sleeping area. All smoke detectors shall be of the approved type and tested by Underwriters' Laboratories or other recognized testing agency and be of the ionized or photoelectric type unit. All smoke detectors shall be audible at 10 feet at a minimum sound intensity of 85 decibels. This subsection shall apply to all one- and two-family dwellings that do not meet the minimum Life safety requirements of the Uniform Construction Code of the State of New Jersey.
E. 
The owner of the subject property or agent, broker or person in charge of said property shall be responsible to make written application for inspection. The Construction Code Official or his representative, within five working days of the receipt of such application, shall make such inspection and, upon determining that this chapter and all applicable laws which the borough is empowered to enforce have been complied with, shall issue a certificate of occupancy permitting occupancy of the inspected dwelling unit. Such certificate of occupancy shall indicate that compliance has been met.
F. 
If, upon inspection by the Construction Code Official or his representative, the dwelling unit is found not to be in compliance, the owner shall thereupon be notified in writing within 72 hours of such noncompliance, with such written notification specifically setting out those violation(s) requiring correction.
G. 
Upon correction of the violation(s), the owner shall notify the Construction Code Official in writing, who shall, within five days, reinspect the required correction(s). This procedure shall be followed until all violations have been corrected, at which time a certificate of occupancy shall issue.
H. 
The owner making application shall be charged a fee of $65 for the initial inspection and issuance of the certificate of occupancy for each dwelling or rental unit inspected and a fee of $25 for each reinspection required.
I. 
The Construction Code Official shall furnish copies of all regulations referred to herein upon request, for which he is authorized to charge $1 for cost of printing.
J. 
The penalty for failure to obtain a certificate of occupancy as provided herein shall be a fine of not more than $200 or imprisonment for not more than 30 days, or both.
[Added 1-23-1995 by Ord. No. 1-95; amended 12-15-2008 by Ord. No. 15-08]
A. 
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Brooklawn, or such other court having jurisdiction, be liable for fines and penalties as set forth in § 1-15 of the Code of the Borough of Brooklawn.
B. 
Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.