[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-17-2003 by Ord. No. 894-03]
[Added 8-20-2014 by Ord. No. 1074-14[1]]
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 article, with the additions insertions, deletions and changes, if any, prescribed in § 150-2 of this article.
[1]
Editor's Note: This ordinance also repealed former § 150-1, Adoption of standards.
[Added 8-20-2014 by Ord. No. 1074-14[1]]
A. 
The following sections are hereby revised:
(1) 
Section 101.1: The Township of Rochelle Park.
(2) 
Section 103.5: See fee schedule attached.
(3) 
Section 112.4: A fine of not less than $250 or more than $1,200.
(4) 
Section 302.4: Eight inches.
(5) 
Section 304.14: March 1 to October 1.
(6) 
Section 602.3: October 15 to April 15.
(7) 
Section 602.4: November 1 to April 1.
B. 
The following sections are hereby added:
[Added 9-27-2017 by Ord. No. 1115-17]
(1) 
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:
1. 
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.
2. 
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;
3. 
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
4. 
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.
5. 
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.
6. 
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.
7. 
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.
[1]
Editor's Note: This ordinance also repealed former § 150-2, Repealer. See now § 150-3.
[Added 8-20-2014 by Ord. No. 1074-14[1]]
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
[1]
Editor's Note: This ordinance also repealed former § 150-3, Additions, insertions and changes. See now § 150-2.
Nothing in this article 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 article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Added 6-16-2004 by Ord. No. 908-04]
A. 
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.
B. 
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.
C. 
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.
D. 
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:
(1) 
All property maintenance requirements of the 2003 BOCA National Property Maintenance Code shall apply notwithstanding the ongoing nature of the construction.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
E. 
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.[1]
[1]
Editor's Note: See Ch. 185, Land Use and Development Regulations.
F. 
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:
(1) 
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;
(2) 
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;
(3) 
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);
(4) 
Structurally unsafe or unsound fences;
(5) 
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;
(6) 
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;
(7) 
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;
(8) 
Broken glass or windows; rotted or missing or substantially destroyed window frames, exterior doors or other major exterior components of buildings or structures;
(9) 
Automotive parts and lubricating oils;
(10) 
Substantial peeling or flaking paint on two or more sides of a structure or building, loose siding or insulation, shingles, shutters and awnings; and
(11) 
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.
G. 
Exemptions.
(1) 
State, county and local construction projects.
(2) 
Work being done by a not-for-profit organization with work being done by volunteers or using donated material.
(3) 
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.
(4) 
Construction done under multiple permits with different start dates.
H. 
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:
(1) 
For a first offense, by a fine not to exceed $500;
(2) 
For a second offense, by a fine not to exceed $ 1,000;
(3) 
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;
(4) 
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.
(5) 
In addition, the Construction Official may, in his discretion, revoke any open permits for failure to comply with the requirements of this section.
(6) 
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 article may also be enforced by the Bureau of Fire Code Enforcement and all inspectors appointed within that department.
[Adopted 6-12-2024 by Ord. No. 1205-24]
As used in this article, the following terms shall have the meanings indicated:
DWELLING
A building containing a room or rooms, or suite, apartment, unit or space that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purpose by one or more persons.
DWELLING UNIT
A unit within a building that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.
INTERIM CONTROLS
A set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs, or the term as it is defined pursuant to 42 U.S.C. § 4851b and the regulations adopted pursuant thereto.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based paint hazards, in accordance with the standards established by the Commissioner at N.J.A.C. 5:17.
LEAD ABATEMENT CONTRACTOR
A firm certified by the Department to perform remediation through lead abatement or interim control work pursuant to N.J.A.C. 5:17.
LEAD ABATEMENT WORKER
An individual certified by the New Jersey Department of Health to perform lead abatement or interim control work pursuant to N.J.A.C. 8:62.
LEAD EVALUATION CONTRACTOR
A firm certified by the Department to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17. This includes the ability to perform dust wipe sampling per N.J.A.C. 5:28A-1.2.
LEAD FREE
A dwelling has been certified to have no lead-based paint or has undergone lead abatement, in accordance with N.J.A.C. 5:17.
LEAD INSPECTOR/RISK ASSESSOR
An individual certified by the New Jersey Department of Health to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level, as may be established by federal law.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present on surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
The certificate issued, in accordance with N.J.A.C. 5:17, which states that there is no lead-based paint, or that the dwelling has undergone lead abatement, in accordance with N.J.A.C. 5:17. "Lead-safe certification" means the certification issued pursuant to this article, which confirms that a periodic lead-based paint inspection was performed and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance, in accordance with N.J.A.C. 5:28A-2.4.
MULTIPLE (OR MULTI) DWELLING
Any building or structure and any land appurtenant thereto, and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other. "Multiple dwelling" also means any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied, or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. "Multiple dwelling" does not include those buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at the earlier of two years from the effective date of June 12, 2024, or tenant turnover, and thereafter the earlier of three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based paint hazards in dwellings subject to this article.
PERMANENT LOCAL AGENCY
A local municipal agency maintained for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures within its jurisdiction. This may include local building agencies, health agencies, and housing agencies.
REMEDIATION
Interim controls or lead abatement work undertaken in conformance with this chapter to address lead-based paint hazards.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit or the time at which a new tenant enters a vacant dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3.
The owner, landlord and/or agent of every single-family, two-family, and multiple dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date, June 12, 2024, or upon tenant turnover, whichever is earlier.
After the initial inspection, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
A dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards or for the fees for such inspection or evaluation, if the unit:
A. 
Has been certified to be free of lead-based paint;
B. 
Was constructed during or after 1978;
C. 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.;
D. 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
E. 
Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16(d)(2).
Inspections for lead-based paint in rental dwelling units shall be done through visual assessment of deteriorated paint or visible surface dust, debris, or residue on all painted building components, especially any walls, window, trim, and surfaces that experience friction or impact.
If, following inspection, a lead evaluation or permanent local agency finds that no lead-based paint hazard exists in a dwelling unit, the lead evaluation contractor or permanent local agency shall certify the dwelling unit as lead-safe on the form prescribed by the New Jersey Department of Community Affairs.
A. 
The lead-safe certification shall be valid for a period of two years from the date of issuance.
(1) 
If, during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor, a local health department, or a public agency conducts an independent inspection or risk assessment and determines that there is a lead-based paint hazard, the lead-safe certification issued pursuant to this article shall be invalid. A periodic lead-based paint inspection shall be scheduled upon the conclusion of remediation, in accordance with N.J.A.C. 5:28A-2.5(e).
(2) 
Where an independent inspection or risk assessment determines that there is a lead-based paint hazard, the inspector/risk assessor shall inform the municipality of the results of the inspection.
(3) 
The lead-safe certification shall not exempt the dwelling from any other law that would require a lead inspection/risk assessment.
B. 
A copy of the lead-safe certification shall be provided to the owner of the dwelling. If a lead evaluation contractor issues the lead-safe certification, a copy shall also be provided to the municipality at the time it is issued.
C. 
If a lead evaluation contractor or permanent local agency finds that a lead-based paint hazard exists in a dwelling unit, they shall notify the New Jersey Department of Community Affairs for review of the findings, in accordance with the Lead Hazard Control Assistance Act.
D. 
If a lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the lead contractor or permanent local agency shall inspect the remainder of the building's dwelling units, with the exception of those dwelling units that have been certified to be free of lead-based paint or which have a valid lead-safe certification
E. 
The owner of the dwelling unit shall be responsible for remediation of the lead-based paint hazard. Remediation must be conducted consistent with the requirements at N.J.A.C. 5:28A-2.5.
If a lead-based paint hazard exists in a dwelling, the owner shall remediate the hazard by using either abatement or interim controls. The owner shall choose the appropriate remediation mechanism.
A. 
Interim controls shall be performed, in accordance with the requirements of the United States Department of Housing and Urban Development at 42 U.S.C. § 4851b and detailed within the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
B. 
Abatement work shall be performed in accordance with the requirements in the Lead Hazard Evaluation and Abatement Regulations, N.J.A.C. 5:17.
C. 
Any relocation of tenants required pursuant to a remediation shall be undertaken, in accordance with applicable law.
D. 
Upon conclusion of the remediation, the following procedure shall be followed:
(1) 
If the owner utilized interim controls for remediation, the lead evaluation contractor or permanent local agency shall conduct an additional inspection within 60 days of the initial inspection by using dust wipe sampling. If the inspections shows that the hazard no longer exists, the lead evaluation contractor or permanent local agency shall certify the unit as lead-safe. The certification shall be valid for a period of two years from the date of issuance; and
(2) 
If the owner utilized abatement for remediation, and a lead abatement clearance certificate has been issued by the local enforcing agency in accordance with N.J.A.C. 5:17, then the lead-free certificate issued at the final clearance inspection shall exempt the dwelling from future periodical lead-based paint inspections.
The owner of a dwelling that is subject to this section shall provide to the tenant and to the Township evidence of a valid lead-safe certification obtained pursuant to this article at the time of tenant turnover.
A. 
The owner shall also affix a copy of any such certification as an exhibit to the tenant's lease.
B. 
The owner of a multiple dwelling that is subject to this article shall provide evidence of a valid lead safe certification obtained pursuant to this article, as well as evidence of the most recent tenant turnover, at the time of any cyclical inspection performed pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
C. 
The owner of a dwelling that is subject to this section shall maintain a record of the lead-safe certification, which shall include the name or names of a unit's tenants, if the inspection was conducted during a period of tenancy.
D. 
The owner of any dwelling subject to this article shall inform the municipality of all tenant turnover activity to ensure any required inspection may be scheduled.
E. 
The owner of a dwelling shall provide a copy of any lead-safe certifications issued pursuant hereto to any prospective owners of the dwelling during a real estate transaction, settlement, or closing.
[Amended 3-26-2025 by Ord. No. 1224-25]
Pursuant to this article, the following fees shall be paid:
A. 
The fee for a visual assessment and dust wipe sampling inspection performed by the Township's lead inspector shall be as follows:
(1) 
Visual lead inspection per dwelling unit: $100.
(2) 
DCA fee: $20.
B. 
The fee for an inspection performed by a third-party lead inspection company chosen by the homeowner shall be as follows:
(1) 
Certificate handling and filing fee: $50.
(2) 
DCA fee: $20.
C. 
Notwithstanding any other fees due pursuant to this chapter, a fee in the amount of $100 shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for another purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 150-8, for a certificate filing fee cost of $50 together with the DCA fee of $20.
D. 
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
E. 
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Township's lead inspector or the owner's private lead inspector shall be assessed for the purposes of the Lead Hazard Control Assistance Act, unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this section shall be deposited into the Lead Hazard Control Assistance Fund.
The Township shall conduct investigations and may issue penalties in order to enforce a property owner's failure to comply with this section:
A. 
The owner of the dwelling shall first be given a period of 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts.
B. 
If the owner of the dwelling has not cured the violation within that time period, they shall be subject to a penalty, not to exceed $1,000 per week, until the required inspection has been conducted or the remediation efforts have been initiated. Remediation efforts shall be considered to be initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.
C. 
In addition to the enforcing agencies set forth in Chapter 150 of the Township Code and other ordinances of the Township, the provisions of this article may also be enforced by Township Code Enforcement, Bureau of Fire Code Enforcement, and all inspectors appointed within those departments.