[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 9-17-2003 by Ord. No. 894-03. Amendments noted where applicable.]
A certain document, three copies of which are on file in the office the Township Clerk of the Township of Rochelle Park, being marked and designated as the "International Property Maintenance Code, 2012 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Rochelle Park in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards 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 buildings 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 office of the Township Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions insertions, deletions and changes, if any, prescribed in § 150-2 of this chapter.
Editor's Note: This ordinance also repealed former § 150-1, Adoption of standards.
The following sections are hereby revised:
Section 101.1: The Township of Rochelle Park.
Section 103.5: See fee schedule attached.
Section 112.4: A fine of not less than $250 or more than $1,200.
Section 302.4: Eight inches.
Section 304.14: March 1 to October 1.
Section 602.3: October 15 to April 15.
Section 602.4: November 1 to April 1.
The following sections are hereby added:
[Added 9-27-2017 by Ord. No. 1115-17]
Dead or diseased trees or tree limbs.
It shall be the duty and responsibility of all property owners within the Township of Rochelle Park to remove any loose or overhanging dead or diseased trees or tree limbs which could threaten the health and safety of persons or property by reason of their location above ground level and which constitute an actual hazard to persons, property or vehicles in the vicinity thereof. In order to facilitate the enforcement of this provision, the Health Department or Property Maintenance Officer shall:
Investigate the potential hazard and, if necessary, request access to the property to complete the investigation. If access to the property is denied, a determination may be made with evidence available or from other sources.
Make a determination as to whether circumstances exist to identify the condition as hazardous and also determine if the hazardous condition poses a risk to other properties in the vicinity or contiguous to the subject property;
Advise the property owner, in writing, of the hazardous condition and provide a period of not less than 10 days for the correction or abatement of the same; and
In the event that the condition is not so abated or corrected, enforcement proceedings may be commenced, including, without being limited to, imposition of a fine and other costs or penalties as set forth in the Code of the Township of Rochelle Park.
In the event that the property owner disputes the conclusion of the municipal official that a dangerous condition exists, the Township shall retain a qualified tree care expert or arborist in order to evaluate the condition and render an opinion as to the same. The opinion of the tree care expert or arborist shall be conclusive and final. The property owner shall have a period of 10 days from service of the final determination of the municipality's expert in order to abate or correct the condition.
If the property owner wishes to address the condition by attempting to revive/rehabilitate the tree, they may do so under the guidance of a tree care expert. A written plan of treatment and a timeframe to complete the treatment must be submitted to the Township Arborist for review. Active treatment of the hazardous tree is subject to review every three months until the tree is deemed healthy or the tree is removed.
In the event that the property owner fails to address the hazard and the services of an arborist or tree care expert are required to remove the hazard, all costs incurred by the municipality for such expert shall be the responsibility of the property owner deemed responsible for the condition.
The property owner in receipt of a notice from the municipality of a potentially dangerous condition shall immediately provide written notice of receipt of same to his or her homeowners' insurance company.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
Nothing in this chapter or in the Property Maintenance Code hereto adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 150-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 6-16-2004 by Ord. No. 908-04]
Completion of construction. All construction for which a permit has been issued pursuant to the provisions of the Uniform Construction Code must be completed within the time period set forth in the Uniform Construction Code. Construction permits, once issued, shall be permitted to remain open for the period set forth in the Code.
Notice to property owner of permits open for more than one year. The Construction Official of the Township of Rochelle Park shall provide written notice of the requirements of the within ordinance to all owners of property for which construction permits have been open for a period of one year or more. The notice shall be forwarded to the property address and owner as the same appears on the records of the Tax Assessor of the Township of Rochelle Park and a copy of same shall be provided to the owner, agent or contractor which secured construction permits.
Substantial completion. Notwithstanding the provisions of the Uniform Construction Code, exterior construction must be substantially complete within one year of the issuance of construction permits. "Substantial completion" shall be deemed to provide for the completion of major elements of the exterior of the structure, modification, addition or improvement, including roofing, siding, masonry, windows and doors.
Property maintenance during construction. All construction projects that provide for construction which extends for more than one year beyond the date of issuance of the initial construction permit shall comply with the following:
All property maintenance requirements of the 2003 BOCA National Property Maintenance Code shall apply notwithstanding the ongoing nature of the construction.
No construction materials may be stored outside. All construction materials must be stored inside or stored in the rear yard, covered at all times, and shall not be visible from the street.
Construction debris must be stored in a manner which shall not be visible from the street or from adjacent properties. All construction debris must be placed in dumpsters or containers which must be removed within 24 hours of placement.
Pest control and extermination services must he provided at all times. A service agreement with a licensed pest control company shall be required and proof of same must be supplied to the Construction Official as a further condition of all outstanding permits.
All construction equipment and vehicles must be removed from the property when not in use. No construction equipment or vehicles may remain on site on Sundays or overnight.
Storage of materials/equipment. Notwithstanding the provisions of Subsection D above, and commencing six months after issuance of the first construction permit, no construction equipment, vehicles, materials, tools or machinery may be stored or maintained, while not in use, in the front yard of any property which is the subject of construction. "Front yard" shall be defined in accordance with the Township of Rochelle Park Zoning Code.
Continuation of construction. It shall be the duty and responsibility of the property owner and contractor to commence construction within a reasonable period of time after issuance of permits and proceed as expeditiously as possible to completion of construction. Construction may not be suspended for a period of more than 30 days throughout construction, including during the first year of construction. The exterior of the premises shall be kept free of the following matter, materials or conditions:
Except in connection with the municipal collection of same, garbage and all abandoned, discarded, useless for its intended purposes, and unused solid waste matter or materials, including, by way of example and not limitations, appliances, bedding, hot water heaters, construction materials, furniture, machinery and metal scrap;
Structurally unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timber abutments, fire escapes, signs, loose or crumbling bricks, stones, mortar or plaster;
Abandoned, uncovered or structurally unsound shafts, towers, television antennas, satellite dish antennas, exterior cellar openings, basement hatchways, foundations or excavations (as determined by the enforcement officers hereinafter set forth);
Structurally unsafe or unsound fences;
Hidden or uncovered ground or surface hazards such as holes, depressions, tree roots, sharp or jagged projections or obstructions in areas accessible to the general public;
Loose and overhanging objects, including but not limited to dead trees or tree limbs, accumulations of ice or any object, natural or man-made, which could threaten the health and safety of persons or other similarly overhanging objects which by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof;
Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which may cause a safety hazard to persons coming in contact therewith in areas accessible to the general public;
Broken glass or windows; rotted or missing or substantially destroyed window frames, exterior doors or other major exterior components of buildings or structures;
Automotive parts and lubricating oils;
Substantial peeling or flaking paint on two or more sides of a structure or building, loose siding or insulation, shingles, shutters and awnings; and
Exposed exterior surfaces remaining in a state of disrepair for a period of more than 30 days, or incomplete exterior construction which has been suspended for a period of more than 30 days.
State, county and local construction projects.
Work being done by a not-for-profit organization with work being done by volunteers or using donated material.
Construction being undertaken under the control of a Planning or Zoning Board resolution, which specifically indicates time limits different from those contained within the Code.
Construction done under multiple permits with different start dates.
Violations. Any person, persons or entity who shall violate any of the provisions of this section or any other promulgated hereunder shall, after a summons is issued under the terms hereof, upon conviction, be punished as follows:
For a first offense, by a fine not to exceed $500;
For a second offense, by a fine not to exceed $ 1,000;
For a third offense, or any subsequent offenses, by a fine not to exceed $1,250 or by imprisonment in the county jail for a period not to exceed 30 days, or by both such fine and imprisonment;
In addition to the monetary penalties set forth above, upon conviction, the Court shall order that the violation be corrected within a reasonable time as determined under the circumstances by the Court. If the order is not complied with, the Township may without further notice correct the violation at the expense of the violator. If the violator does not reimburse the Township for the expense of correcting the violation, such amount shall be certified to the Township Tax Collector and shall constitute a lien upon the subject premises.
In addition, the Construction Official may, in his discretion, revoke any open permits for failure to comply with the requirements of this section.
Each violation of any of the provisions of this section and each day that a summons is issued shall be deemed to be a separate and distinct offense, which may be merged into one offense in the discretion of the Court.
[Added 8-17-2016 by Ord. No. 1103-16]
In addition to the enforcing agencies set forth in the international property maintenance code and other ordinance of the Township, the provisions of this ordinance may also be enforced by the Bureau of Fire Code Enforcement and all inspectors appointed within that department.