[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 7-13-1995 by Ord. No. 1074-99. Amendments noted where applicable.]
A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Caldwell, being marked and designated as the "BOCA National Property Maintenance Code, Fifth Edition, 1996," as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Caldwell, in the State of New Jersey, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance Code 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 § 175-2.
The BOCA National Property Maintenance Code is amended and revised in the following respects:
Section PM-101.1 (page 1, second line). Insert: Borough of Caldwell.
Section PM-106.2 (page 2, third line). Amend as follows: Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, community service for a period of 90 days, or a combination thereof.
[Amended 10-14-2008 by Ord. No. 1187-08]
Section PM-304.15 (page 11, first and second lines). Insert: (Dates in two locations)
Section PM-602.2.1 (page 17, fifth line). Insert: (Dates in two locations)
Section PM-602.3 (page 17, third line). Insert: (Dates in two locations)
[Added 8-7-2012 by Ord. No. 1262-12]
This section shall govern all single-family, two-family and three-family homes in the Borough and shall supersede any other provision in the Borough Code that conflicts with the provisions hereof.
General maintenance requirements.
All structures and property governed by this section shall be kept free of all of the following conditions:
Broken glass, excessive brush, weeds, stumps and roots, obnoxious growth, filth, garbage, trash, refuse and debris.
Dead and dying trees, limbs or other natural growths which, by reason of rotting, deteriorating conditions, storm damage or weathering, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
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.
Holes, excavations, breaks, projections, obstructions, icy conditions and other safety hazards of walks, driveways, parking lots, 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, walks and steps replaced and other conditions removed where necessary to eliminate safety hazards or unsanitary conditions.
Sources of infestation or potential infestation by rodents, mosquitoes, flies and other harmful vermin.
The exterior of every structure or accessory structure, including fences, shall be maintained in good repair, and all surfaces thereof shall be kept painted and finished where necessary, for purposes of preservation and appearance. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling of paint or other conditions reflecting weathering, deterioration or inadequate maintenance, to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties in the neighborhood protected from blighting influences.
There shall not be stored or used, at a location visible from sidewalks, streets or other public areas, equipment and materials relating to commercial or industrial uses, including commercial vehicles, snowplows and snowblowers, unless permitted under Chapter 250, Zoning, of this Code for the particular premises.
All brush, shrubs, grass and trees shall be maintained so as not to obstruct public access to specific sidewalks and roadways. Brush, shrubs and trees shall be kept trimmed so that they do not cross the line of the sidewalk from the ground to a height of seven feet. Poison ivy, poison sumac, poison oak and similar noxious vegetation shall be removed from the vicinity of any public sidewalk or roadway. Lawn grass shall be trimmed and maintained so that it does not exceed a height of 10 inches from the ground.
Receptacles and garbage may be stored in the garage and placed at the curb of Borough roadways not earlier than the evening of the day before the regularly scheduled pickup.
All parts of the premises shall be kept in clean and sanitary condition, free of nuisances and free of health, safety and fire hazards.
Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulations of stormwater.
Enforcing agent. The provisions of this section shall be enforced by the Construction Code Enforcement Official or his/her designated representative.
Notice and hearing.
Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Construction Code Enforcement Official or his/her designated representative shall be served upon the owner, tenant or operator, who shall be responsible for correcting such condition. The notice shall contain the following:
An identification of the conditions constituting the violation.
The necessary corrective actions.
A reasonable time period, not to exceed 60 days, to correct or abate the violation.
The right of the person in violation to request a hearing.
A statement that the notice shall become an order of the Construction Code Enforcement Official in 10 days after service unless a hearing is requested, in writing, within that time period.
The notice may be served personally or by certified mail at the last known address of the owner, tenant or operator alleged to be in violation. Where it is ascertained that the owner, tenant or operator does not reside on the premises and the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the affected building.
Service upon any owner, tenant or operator may also be achieved by service of any notice upon a member of the family of the owner, tenant or operator of the age of 14 years or over then residing at the residence of such owner or operator.
After 10 days from the date of service of the notice, the notice shall constitute a final order unless any owner, tenant or operator alleged to be in violation requests a hearing thereon and serves a written request, in person or by certified mail, upon the Construction Code Enforcement Official, for such hearing. The request for hearing shall state briefly the ground(s) or reason(s) for which the request for hearing is based and the factual matters contained in the notice of violation which are disputed by the person alleged to be in violation. Appeals will be granted strictly on factual matters. The Construction Code Enforcement Official, upon receipt of the request for hearing, within 30 days therefrom and with five days' notice to the party alleged to be in violation, shall set the matter down for a hearing before him or her.
At the hearing provided for herein, the Construction Code Enforcement Official shall consider all matters presented by the owner, tenant or operator alleged to be in violation, together with all other relevant evidence. Within 10 days from the date of the hearing, the Construction Code Enforcement Official shall either affirm the prior notice issued by him or her or modify such notice in any manner deemed appropriate and consistent with the provisions and enforcement of this section.
The Construction Code Enforcement Official may extend the time for correction and abatement of any violation of this section for an additional period of time not to exceed 30 days, except where major capital improvement or renovations are involved. If such should occur, the time for completion may be extended for a period of time deemed adequate and reasonable by the Construction Code Enforcement Official.
Violations and penalties. An owner, tenant or operator who violates this chapter by failure to comply with an order entered by the Construction Code Enforcement Official shall appear before the Municipal Judge for a hearing and/or imposition of fines, sanctions, sentence or any combination thereof. A violation of this chapter shall be punishable by a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each violation of a different section of this chapter shall constitute a separate and distinct violation independent of any other section. Each day's failure to comply with any provision of this chapter shall constitute a separate violation.
Upon an order becoming final, the Enforcement Official may request the Department of Public Works to perform the necessary work. The Construction Code Enforcement Official and/or the Department of Public Works shall cause the cost of such work to be charged against and become a charge and lien upon the property. The fee schedule for mowing of residential properties is as follows:
In addition to the charges set forth in the fee schedule for mowing of properties, any other work performed on the property shall be billed to the property owner at a cost of $30 per man-hour for each man-hour of work performed by a Department of Public Works employee pursuant to this chapter.