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A majority of municipalities already have legislation concerning property maintenance, but is your current legislation as strict as it should be to prevent blight? Does your legislation cover both residential and commercial property, including vacant land and abandoned buildings? Are signs and the exterior of premises adequately addressed? All that and more is covered in our sample legislation, which also includes provisions for inspections and enforcement, as well as penalties and numerous definitions. If you’re interested in reviewing some of our more stringent sample legislation on property maintenance, please contact us.

Union Twp. NJ: Ch. 204

Bloomingdale, B. NJ: Ch. 60A

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Union Twp. NJ

Fire Department -- See Ch. 44.
Board of Health -- See Ch. 50.
Uniform construction codes -- See Ch. 128.
Fire prevention -- See Ch. 149.
Garbage, rubbish and refuse -- See Ch. 157.
Multiple dwellings -- See Ch. 187.

§ 204-1. Findings; declaration of policy.

It is hereby found and declared that there exist in the Township of Union premises of the aforesaid category which are, or may become, unfit for human habitation or occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such premises or part thereof unsafe or unsanitary or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Township of Union and persons upon or having access to the premises. It is further found and declared that by reason of lack of maintenance and progressive deterioration, the condition of certain premises has the further effect of creating blighting conditions and initiating slums and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same and that, by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and neighborhood and property values thereby maintained, the desirability and amenities of premises and neighborhood enhanced and the public health, safety and welfare protected and fostered.

§ 204-2. Purposes.

The purpose of this Article is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of premises situated in the township, used or intended to be used or designed to be used, in whole or in part, for commercial, business, industrial or any other nonresidential occupancy; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make such premises fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to prevent blighting conditions and deterioration of property values; to authorize and establish procedures for the inspection of such premises; to fix penalties for the violations of this Article; to provide for the right of access across adjoining premises to permit repairs; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use. This Article is hereby declared to be remedial and essential for the public interest and it is intended that this Article be liberally construed to effectuate the purpose as stated herein.

§ 204-3. Applicability.

1. Buildings affected by this Article. Each and every building and the premises on which it is situated in the township, used or intended to be used or designed to be used, in whole or in part, for commercial, business, industrial or any other nonresidential occupancy shall comply with the provisions of this Article, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this Article and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this Article. This Article establishes minimum standards for the initial and continued occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in Subsection B hereof. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of this Article.

2. Higher standards to prevail in case of conflict with other ordinances or laws. In any case where the provisions of this Article impose a higher standard than set forth in any other ordinance of the township or laws of the State of New Jersey applicable thereto, then the standards, as set forth herein, shall prevail, but if the provisions of this Article impose a lesser standard than such other ordinance of the township or law of the State of New Jersey, then the higher standard contained in such other ordinance or law shall prevail.

3. Issuance and renewal of other permits and licenses. After the date of enactment hereof, all licenses and permits relating to such buildings and premises, which may be issued or renewed pursuant to any other ordinance of the township, may be issued or renewed only upon compliance with this Article as well as compliance with the ordinances under which such licenses and permits may be granted or renewed.

4. Enforcement and compliance with other ordinances. Compliance with this Article shall not constitute a defense against the violation of any provisions of any other ordinance of the township applicable to any building or premises, nor shall compliance with any provision of this Article relieve any owner, operator or occupant from complying with any such other provision nor relieve any official of the township from enforcing any such other provision.

§ 204-4. Responsibility of owner, operator and occupants.

1. Owner and operator. Owners and operators shall have all the duties and responsibilities prescribed in § 204-5A hereof and regulations promulgated pursuant thereto; and no owner or operator shall be relieved from such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.

2. Occupant. Occupants shall have all the duties and responsibilities as prescribed in § § 204-5F(4) and (8) and 204-5H hereof and all regulations promulgated pursuant thereto; and the occupant shall not be relieved of any such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator or both is or are also responsible therefor and in violation thereof.

3. Contract not to alter responsibilities. Unless expressly provided to the contrary in this Article, the respective duties and responsibilities imposed hereunder on the owner, operator and occupant shall not be altered or affected by any agreement or contract to which one (1) or more of them is or are a party or parties.

§ 204-5. Standards.

1. The provisions of this section shall constitute the standards to guide the Public Officer and his agents in determining the fitness of premises for human habitation, use and occupancy and in determining whether premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values.

2. Definitions.
   1. Words defined. The words, terms or phrases listed below, for the purposes of this Article, are hereby defined and shall have the meanings indicated:

      BATHROOM -- Any enclosed space which contains one (1) or more of the following: bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.

      BUILDING -- Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.

      DETERIORATION -- The condition of a building, or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive wear.

      DILAPIDATION -- Falling out of repair or decayed.

      EXPOSED TO PUBLIC VIEW -- Any premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighborhood premises.

      EXTERIOR OF THE PREMISES:

      1. Any part of the premises not occupied by any building thereon;

      2. Any open space on the outside of any building: or

      3. Any part of any building which is exposed to the elements.

      EXTERMINATION -- The control and elimination of insects, rodents and vermin by eliminating their harborage places, or by removing or making inaccessible material that may serve as their food, or by poisoning, spraying, fumigating, trapping or any other approved means of pest elimination.

      GARBAGE -- The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.

      INFESTATION -- The presence, on or within a premises, of any insects, rodents or other pests.

      MIXED OCCUPANCY -- Any building containing one(1) or more dwelling units, rooming units or hotel or motel accommodations and also having a portion thereof devoted to nonresidential uses.

      NUISANCE:

      1. Any public nuisance known at public law or in law or equity jurisprudence, or as provided by the statutes of the State of New Jersey, or the ordinances of the Township of Union.

      2. Any inadequately protected well, shaft, basement, excavation, abandoned or nondrivable motor vehicle or equipment, structurally unsound fence or building, lumber, trash, debris or vegetation, such as poison ivy, oak or sumac or other condition which is or may be detrimental to the safety or health of persons.

      3. Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.

      4. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

      5. Fire hazards.

      OCCUPANCY UNIT -- Any room or group of rooms, or part thereof, forming a single usable unit (used or intended to be used, or designed to be used, for nonresidential purposes) and located within a building used or intended to be used, or designed to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.

      OCCUPANT -- Any person or persons, including the owner in actual possession of and using an entire building or an occupancy unit in a building.

      OPERATOR -- Any person who has charge, care or control of a premises, or part thereof, whether with or without the knowledge and consent of the owner.

      OWNER -- The holder or holders of the title to premises in fee simple.

      PARTIES IN INTEREST -- All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.

      PERSON -- Shall be given the same meaning as defined in N.J.S.A. 1:1-2.

      PREMISES -- A lot, plot or parcel of land and any buildings located thereon.

      PUBLIC OFFICER -- The person or persons who are authorized by this Article to exercise powers prescribed by this Article.

      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.

      RUBBISH -- Includes all combustible and noncombustible waste material, except garbage.

      STRUCTURE -- An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.

      TRANSLUCENT -- The property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.

      WATER CLOSET COMPARTMENT -- An enclosure containing a single water closet.

      WEATHERING -- Deterioration, decay or damage caused by exposure to the elements.

      WINDOW -- An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material.

      WINDOW DISPLAY AREA -- That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.

   2. Word usage. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties, as well as to one (1) person and to females as well as males and to bodies corporate as well as individuals and to several matters and things as well as one (1) matter or thing. The word "shall" shall be applied retroactively as well as prospectively.

3. Maintenance of exterior of the premises. The premises shall be kept free of litter (including, without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass) and of all nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises, and free of unsanitary conditions; and any of the foregoing shall be promptly removed and abated. The word "hazards" shall include, but is not limited to, the following:
   1. Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.

   2. Natural growth. Dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.

   3. Overhangings. Loose, overhanging and projecting objects and accumulations of ice and snow, which by reason of location above ground level, constitute dangers to persons in the vicinity thereof.

   4. Ground surface and unsanitary conditions. Holes, excavations, breaks, projections, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.

   5. Recurring accumulation of stormwater. Adequate runoff drains shall be provided and maintained to eliminate recurrent accumulations of stormwater. [Amended 10-28-1986 by Ord. No. 3879]

   6. Sources of infestation.

   7. Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.

   8. Chimneys and flue and vent attachments thereto. Chimneys and flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform, at all times, the functions for which they were designed and constructed. Chimneys, flues, gas vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoketight and capable of withstanding the action of flue gases.

   9. Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.

4. Appearance of exterior of the premises and window display areas. The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Township of Union and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, including the following:
   1. Landscaping. Where exposed to public view, the landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.

   2. Signs and billboards.
      1. All permanent signs and billboards exposed to public view permitted by the Zoning Ordinance and regulated by the Building Code or other regulations or as a lawful nonconforming use shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with the supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.

      2. All rooftop signs and rooftop billboards now in existence, whether under nonconforming uses or otherwise, shall be removed no later than five (5) years from the date of the adoption of this amendment to the Code of the Township of Union. [Added 8-13-1991 by Ord. No. 4158]

   3. Windows and window display areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view, unless such areas are first screened by drapes, venetian blinds or other means of making the windows translucent. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.

   4. Repair and painting of exteriors of buildings. All store fronts and the exteriors of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard or nuisance.

   5. Awnings and marquees. Any awning or marquee and its accompanying structural members, which extend over any street, sidewalk or other portion of the premises, shall be maintained in good repair and shall be so maintained as to not constitute a nuisance or a safety hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.

   6. Scaffolding. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance, shall be permitted to remain in place beyond a period of six (6) months after erection of placement thereof without permission of the Public Officer.

   7. Fences. Barbed wire fences may only be used for the purpose of protecting the area enclosed, and in the event of use of such fencing, the lowest point of said barbed wiring thereof must be at least six (6) feet from ground level.

   8. Landscaping, curbing and sidewalks. [Added 5-12-87 by Ord. No. 3907]
      1. The owner or occupant shall be responsible for the maintenance of the area abutting such property between the street property line and pavement or roadway, including landscape ground cover, construction of curbing and/or sidewalk, reconstruction and/or replacement of defective or hazardous curb and sidewalk. The aforementioned area shall not be paved by the owner or occupant unless specifically authorized by the Public Officer in writing.

      2. Sidewalk and curbing shall be cast-in-place concrete or Belgian block conforming to current township specifications. The use of wood, precast concrete, rocks or any material other than cast-in-place concrete or Belgian block is specifically prohibited.

      3. The Public Officer could, at the request of the Township Committee or through his own initiative, direct the construction of curbing or its reconstruction, as required.

5. Window displays in BB and BC Districts. In the Business BB and BC Districts, goods and materials on sale shall be displayed in the window display portion of said establishments either on mannequins or display dummies or loosely along the floor of the window area in stacks not to exceed one (1) foot above the clear portion of the window. [Added 6-23-1992 by Ord. No. 4205;amended 1-24-1995 by Ord. No. 4370]

6. Interior or exterior signs in BB and BC Districts. In the Business BB and BC Districts, interior or exterior signs placed directly upon store windows, show windows or display windows shall at no time cover more than twenty-five percent (25%) of the window area. Only one (1) such sign shall be allowed in each window upon a white background with black lettering, professionally painted. [Added 6-23-1992 by Ord. No. 4205]

7. Interior paper signs. In the Business BB and BC Districts, interior paper signs placed directly upon store windows, show windows or display windows shall at no time cover more than twenty percent (20%) of the window area, whether the sign is attached to the window or not. Only one (1) such sign shall be allowed in each window upon a white background with black lettering, professionally painted. Only one (1) such sign shall be allowed at any one (1) time. [Added 6-23-1992 by Ord. No. 4205]

8. Structural soundness and general maintenance, exterior. The exterior of every building shall be maintained in good repair, and all exterior surfaces thereof shall kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance. All exterior surfaces thereof shall be maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the building itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influences.

9. General sanitation and safety.
   1. Floors shall be maintained in a structurally sound condition capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be free of hazards.

   2. Bathroom and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry, clean and sanitary condition at all times.

   3. All portions of any structure shall be kept structurally sound, free from deterioration and capable of safely bearing imposed loads.

   4. In buildings containing not more than four (4) occupancy units, it shall be the responsibility of each of the occupants and, in buildings containing more than four (4) occupancy units, it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish until removal thereof and to provide for the periodic removal of all garbage and rubbish from the premises in accordance with the regulations and ordinances of the Township of Union.

   5. Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
      1. Such garbage is stored in watertight receptacles of metal or other material approved by the Public Officer and provided with tight-fitting covers.

      2. Such rubbish is stored in nonleaking receptacles of metal or other material approved by the Public Officer.

      3. Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.

      4. Such areas, if located outside of a building and visible from any public walk, street or public parking area, are shielded by a method approved by the Public Officer and constructed in compliance with the applicable provisions of the Building Code of the township.

      5. Such area is of fireproof construction.

   6. Rubbish and garbage shall be placed or kept on the property within the building located thereon or not nearer to the street line than the building line or nearer to the street line than the face of the building, whichever distance from the street line is the greater, except during any cleanup week proclaimed by the Township Committee.

   7. Inflammable or combustible liquids or other materials shall not be stored on the premises, unless they are of a type approved for storage by regulation of the Fire Department and then only in such quantities and in such fireproof storage containers as may be prescribed by applicable Fire Department regulations.

   8. Every occupant of a single-occupancy unit in a building comprising a single-occupancy unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and each occupant of an occupancy unit in any building which has more than one (1) occupancy unit shall be responsible for such extermination whenever his occupancy unit is the only one infested. Notwithstanding the foregoing provision of this section, whenever infestation is caused by failure of the owner or operator to maintain any such building in a reasonably pestproof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two (2) or more of the occupancy units in any building or in the common parts of any building containing two (2) or more occupancy units, extermination thereof shall be the responsibility of the owner and operator.

10. Utilities and facilities.
    1. Every building shall be provided with electric service, where required, in accordance with the standards of the National Electrical Code, as amended from time to time.

    2. Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wallplates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.

    3. Maximum fuse sizes as specified by the National Electrical Code, as amended from time to time, shall be posted conspicuously on the inside cover of all fuse boxes, and no fuse shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants, other than the owner.

11. Duties and responsibilities of occupants.
    1. Upon discovery by an occupant of any condition on the premises which constitutes a violation of this Article, the occupant shall report the same to the Public Officer responsible for enforcement of this Article.

    2. All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe, or which would prevent the owner or operator from performing any duty required hereunder.

§ 204-6. Administration.

1. Public Officer. The Public Officer shall be appointed by the Township Committee annually, and he shall exercise the powers prescribed by this Article. He may appoint or designate such other municipal officers or employees and assistants as may be required to perform such of his functions and to exercise such powers under this Article as he deems necessary for the enforcement of this Article, including the making of inspections and the holding of hearings.

2. Inspection of premises. All premises within the township covered by this Article shall be subject to inspection from time to time by the Public Officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the Public Officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this Article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this Article.

3. Determination of unfitness for use or occupancy. For the purposes of this Article, the Public Officer may determine that a building is unfit for human habitation, use or occupancy, if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or to other residents of the township. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitation facilities; dilapidation; deterioration; disrepair; structural defects; uncleanliness; or failure to comply with the standards established by § 204-5 of this Article.

4. Charges and hearing. Whenever a petition is filed with the Public Officer by a public authority (as defined in N.J.S.A. 40:48-2.4) or by at least five (5) residents of the township charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Public Officer (on his own motion) that any building is unfit for human habitation or occupancy or use, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer (or his designated agent) at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said complaint; and that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts of the State of New Jersey shall not be controlling in hearings before the Public Officer.

5. Findings of fact and order. If, after the notice and hearing provided for in Subsection D hereof, the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
   1. The repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or to have said building vacated and closed within the time set forth in the order.

   2. If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in said order of removal.

6. Failure of owner to comply with order to repair or vacate. If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved, or to be vacated and closed and may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."

7. Failure of owner to comply with order to remove or demolish. If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.

8. Lien of municipality.
   1. The amount of the cost of the filing of legal papers, expert witnesses fees, search fees and advertising charges, incurred in the course of any proceeding taken under this Article determined in favor of the township; and the cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, undertaken pursuant to Subsections F and G hereof, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred.

   2. If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement (herein called the municipal lien certificate) of the aforesaid costs and the amount so due shall be filed by the Public Officer with the Municipal Tax Assessor of the township, and a copy thereof shall be forthwith forwarded by the Public Officer to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited with the Clerk of the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such court and shall be disbursed according to the order of judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing contained in this Article shall be construed to limit or impair in any way the power of the township to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within sixty (60) days from the date of the filing of the municipal lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.

9. Certificate of necessity.
   1. Who may apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this Article without having a right of access to the premises through or across adjoining premises not owned by him or under his control, and where right to access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the Public Officer, setting forth the facts and applying for a certificate of necessity, the Public Officer shall serve written notice of a hearing on said application upon the applicant for such certificate and upon the owner or person empowered to grant such access. Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by N.J.S.A. 40:48-2.7, except that the Public Officer shall not be required to record or lodge a copy of such notice with the county recording officer of the County of Union. At least ten (10) days' notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Public Officer in the exercise of reasonable diligence, at least thirty (30) days' notice thereof shall be given, calculated from the date of the first newspaper publication thereof.

   2. Hearing. On the day fixed for hearing, the Public Officer shall provide opportunity for the owner or person empowered to grant such access to state why such access should not be granted.

   3. Conditions for issuance of certificate. If the Public Officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this Article, then the Public Officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which certificate shall operate, precautions to be taken to avoid damage and, where the Public Officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set for the bond shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the Public Officer.

   4. Refusal to comply with certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this Article and, in addition, to the penalties provided hereunder, the Public Officer may, upon affidavit, setting forth the facts, apply to the Judge of the township for a warrant authorizing access and, if the Judge is satisfied as to the matters set forth in said affidavit, he shall authorize the issuance of a warrant permitting access.

10. Service, oaths, rules and regulations.
    1. Complaints, orders and certificates of necessity issued by the Public Officer pursuant to this Article shall be served and recorded or lodged for record in the manner prescribed by N.J.S.A. 40:48-2.7.

    2. The Public Officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purposes and provisions of this Article, including but not limited to the following, in addition to others herein granted, to administer oaths, affirmations, examine witnesses and receive evidence and to make and adopt such written rules and regulations as he may deem necessary and the Township Committee approves, by resolution, for the proper enforcement of the provisions of this Article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this Article nor in anywise alter, amend, add to or supersede any of the provisions hereof. The Public Officer shall file a certified copy of all such rules and regulations in his office and in the office of the Township Clerk.

11. Annual review of Article provisions and operations. The Public Officer shall, in the month of December of each year, review with the Health Officer, Building Inspector, Township Engineer and Township Attorney the procedure and operation of this Article and report to the Township Committee on or before January 1:
    1. Any recommended amendments, additions or modifications of the provisions of this Article consonant with the field experience of the personnel charged with enforcement.

    2. A summary of the enforcement experiences, indicating number of violations abated, number of cases processed in the Municipal Court, number of inspections made and such other and further pertinent information as will provide the Township Committee with an annual account of the maintenance of the standards required by this Article.

    3. Any further recommendations as to how this Article and the procedures and operations thereunder may be improved.

§ 204-7. Nonapplicability.

Notwithstanding anything contained in this Article, the provisions thereof shall not apply to any land located in an industrial zone and existing in its natural state.

§ 204-8. Violations and penalties. [Amended 10-28-1986 by Ord. No. 3879; 4-26-1988 by Ord. No. 3963; 12-13-1988 by Ord. No. 3998]

Any person violating any of the provisions of this Article shall, upon conviction thereof, be subject to one (1) or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding ninety (90) days or by a fine not exceeding one thousand dollars ($1,000.) or by a period of community service not exceeding ninety (90) days, to become effective on the effective date of this section.

§ 204-9. Service of orders.

The service of orders for the correction of violations of this Article shall be made upon the owner, occupant or other persons responsible for the conditions, either by delivering a copy of the same to such person, or by delivering the same to and leaving it with any person in charge of the premises, or by sending it by mail to the owner, occupant or operator.

§ 204-10. Findings.

It is hereby found and determined that by reason of lack of maintenance and resulting progressive deterioration, the condition of certain properties has the effect of creating blighting conditions and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. Timely regulations and restrictions as indicated in this Article will prevent the creation of blighting conditions and the maintenance of neighborhood and property values. The enhancement of neighborhoods and the public health, safety and welfare would be protected and fostered.

§ 204-11. Purpose.

The purpose of this Article is to protect the public health, safety, morals and welfare by establishing minimum standards governing the conditions of maintenance of dwelling units and to fix certain responsibilities and duties upon owners; to authorize and establish procedures for the inspection of such dwellings and to fix penalties for the violation of this Article. This Article is hereby declared to be remedial and essential for the public interest, and it is intended that the same shall be liberally construed to effectuate the purposes herein stated.

§ 204-12. Compliance. [Amended 10-16-75 by Ord. No. 3053]

Every dwelling used for human habitation, garages or other outbuildings shall comply with the provisions of this Article, whether or not such dwelling or other structure shall have been constructed, altered or repaired before or after enactment of this Article and irrespective of any permits or licenses which shall have been issued for the use or occupancy of said dwelling or other structure, or for the construction or repair of the same. It is the purpose of this Article to establish minimum standards for such dwellings, and this Article does not replace or modify standards otherwise established for the construction, repair, alteration or use of any said dwellings or other structures.

§ 204-13. Prevailing standards.

In any case where the provisions of this Article impose a higher standard than that set forth in any other ordinance of the township or under any law of the State of New Jersey, then the standards as set forth herein shall prevail; but if the provisions of this Article impose a lower standard than any such ordinance or law, then and in that event, the higher standard contained in any other such ordinance or law shall prevail.

§ 204-14. Definition.

As used in this Article, the following words shall have the meanings indicated:

DWELLING -- A building or structure or part thereof containing one (1) or more dwelling units.

§ 204-15. Condition of structure.

Every foundation, floor, wall, building, door, window, roof or other part of a building shall be kept in good repair and capable of the use intended by its design, and any exterior part or parts thereof subject to corrosion or deterioration shall be kept well painted or otherwise provided with a protective treatment sufficient to prevent deterioration.

§ 204-16. Orders of Public Officer.

The Public Officer, as herein designated, may order the owner to paint the exterior walls of any such dwelling, when such walls have so deteriorated as to warrant the need for repainting in order to prevent aggravated deterioration of such exterior wall.

§ 204-17. Vacant land. [Amended 10-16-75 by Ord. No. 3053]

All vacant land, lots and premises, with or without buildings thereon, designed for residential purpose shall be clean and free from garbage, rubbish and debris, as well as unsightly natural growth, and from any and all conditions which might result in a hazard to safety. All grass, hedges and shrubbery shall be kept trimmed and shall not be permitted to become overgrown and unsightly. All fences surrounding vacant or occupied lands herein described shall be kept in good repair.

§ 204-18. Responsibility of owner. [Amended 5-12-87 by Ord. No. 3907]

1. The owner or occupant shall be responsible for the maintenance of the area abutting such property between the street property line and pavement or roadway, including landscape ground cover, construction of curbing and/or sidewalk and reconstruction and/or replacement of defective or hazardous curb and sidewalk. The aforementioned area shall not be paved by the owner or occupant unless specifically authorized by the Public Officer in writing.

2. Sidewalk and curbing shall be cast-in-place concrete or Belgian block conforming to current township specifications. The use of wood, precast concrete, rocks or any material other then cast-in-place concrete or Belgian block is specifically prohibited.

3. The Public Officer could, at the request of the Township Committee or through his own initiative, direct the construction of curbing or its reconstruction as required.

§ 204-19. Designation as Public Officer. [Amended 10-16-75 by Ord. No. 3053]

The Building Inspector of the Township of Union is hereby designated as the Public Officer to exercise the powers prescribed by this Article. He may appoint or designate such other public officials or employees of the township to perform such duties as may be necessary for the enforcement of this Article, including the making of inspections and holding hearings.

§ 204-20. Inspections. [Amended 10-16-75 by Ord. No. 3053]

The Public Officer is hereby authorized and directed to make or cause to be made inspections to determine the conditions set forth in § § 204-11, 204-12, 204-13 and 204-14 hereof, in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.

§ 204-21. Determinations of Public Officer.

For the purpose of this Article, the Public Officer may determine that a building or the surrounding property or vacant land, as herein described, is injurious to the health and safety of the occupants thereof, or of neighboring buildings of other residents of the township; such conditions may include, but without limiting the generality of the foregoing, dilapidation, disrepair, uncleanliness; or conditions deleterious to the well-being of the general public with reference to vacant land not properly maintained as required by this Article.

§ 204-22. Filing of petition. [Amended 10-16-75 by Ord. No. 3053]

Whenever a petition is filed with the Public Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five (5) residents of the township or it appears to the Public Officer on his own motion that any building is in a state of dilapidation, disrepair or uncleanliness; or the exterior is in need of painting; or conditions exist which are deleterious to the well-being of the general public with reference to vacant or occupied land not properly maintained as required by this Article, the Public Officer shall, if his preliminary investigation discloses the above, issue and cause to be served upon the owner of the premises in question a complaint stating the charges and the basis therefor and containing a notice that a hearing will be held before the Public Officer or his designated agent at a place then fixed, not less than ten (10) days nor more than thirty (30) days after the serving of said complaint and that the owner of the premises in question shall be given the right to file an answer to the complaint and to appear in person or by counsel and give testimony concerning the charges. The rules of evidence of the State of New Jersey shall not be controlling in hearings before the Public Officer. The Public Officer may determine the necessity for a hearing.

§ 204-23. Enforcement. [Amended 10-16-75 by Ord. No. 3053]

1. If, after the notice and hearing provided for herein, the Public Officer determines that the building is in a state of dilapidation, disrepair or uncleanliness, or the exterior thereof is in need of painting, or conditions deleterious to the well-being of the general public with reference to vacant land not properly maintained as required by this Article, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring the correction of the aforesaid deficiencies, and if the owner fails to make the correction directed in said order, within the time set forth therein, then and in that event, said owner shall be guilty of a violation of this Article.

2. At the option of the owner, in lieu of making the required corrections, said owner may cause the premises to be vacated and closed within the time set forth in said order.

3. If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said order of removal.

4. If the owner fails to comply with an order to repair, alter or improve, or at the option of the owner to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved or to be vacated and closed, in which latter event the Public Officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."

5. If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and bids therefor in accordance with the New Jersey Public Contracts Law.

§ 204-24. Costs and liability. [Amended 10-16-75 by Ord. No. 3053]

The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this Article, determined in favor of the municipality, and such costs of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by certified mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such court and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within sixty (60) days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.

§ 204-25. Powers and authority of Public Officer. [Amended 10-16-75 by Ord. No. 3053]

The Public Officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Article, including the following, in addition to others herein granted to administer oaths, affirmations, examine witnesses and receive evidence, and to make and adopt such written rules and regulations as he may deem necessary, and that the Township Committee approves by resolution, for the proper enforcement of the provisions of this Article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this Article nor in anywise alter, amend or supersede any of the provisions thereof. The Public Officer shall file a certified copy of all such rules and regulations in his office and in the office of the Township Clerk.

§ 204-26. Appeals. [Amended 10-16-75 by Ord. No. 3053]

Any person, firm or corporation aggrieved by any act of the Public Officer may appeal in writing such act of said Public Officer to the governing body within twenty (20) days of such act of said Public Officer and request a hearing thereon by said governing body. The governing body shall hold a hearing on said appeal within twenty-one (21) days after the filing of the notice of appeal. At said hearing, the appellant may be represented by counsel. The governing body is empowered to vacate any finding in whole or in part of said Public Officer.

§ 204-27. Violations and penalties. [Amended 10-16-1975 by Ord. No. 3053; 10-28-1986 by Ord. No. 3879; 4-26-1988 by Ord. No. 3963; 12-13-1988 by Ord. No. 3998]

Any person violating any of the provisions of this Article shall, upon conviction thereof, be subject to one (1) or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding ninety (90) days or by a fine not exceeding one thousand dollars ($1,000.) or by a period of community service not exceeding ninety (90) days, to become effective on the effective date of this section.

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Bloomingdale, B. NJ

Garbage and rubbish -- See Ch. 32.
Housing standards -- See Ch. 34A.
Nuisances -- See Ch. 48.
Unsafe buildings -- See Ch. 85.

§ 60A-1. Title; findings; purpose.

1. Title. This chapter shall be known as the "Property Maintenance Code of the Borough of Bloomingdale" and may be referred to in this chapter in the short form as the "code" or "chapter."

2. Findings and declaration of policy. Experience and observations have shown that lack of maintenance of real property may lead to progressive deterioration and loss of property values. Through the establishment of the regulations and restrictions contained herein, the desirability of residential and nonresidential uses and the amenities of neighborhoods will be enhanced and the general health, safety and welfare of all residents will be fostered and protected.

3. Purpose.
   1. The purpose of this chapter is the following:
      1. To protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises.

      2. To fix certain responsibilities upon owners, operators, occupants and other persons.

      3. To authorize and establish procedures for the inspection of residential and nonresidential premises.

      4. To fix penalties for the violations of this chapter and provide procedures for correcting violations in those cases requiring municipal action.

      5. This chapter is hereby declared to be protective, preventive and essential for the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes stated herein.

§ 60A-2. Definitions; word usage.

1. Words and terms in this chapter which are defined in § 92-43, Chapter 93, Zoning, of the Code of the Borough of Bloomingdale are consistent in definition.

2. The following terms, wherever used herein or referred to in this code, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:

   COMMERCIAL VEHICLE -- All trucks, vans, construction equipment and limousines, bearing commercial license plates which are in excess of four (4) tons' net weight.

   DETERIORATION -- The condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, crackling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.

   EXPOSED TO PUBLIC VIEW -- Any premises or part of any premises which may be lawfully viewed by the public or any member thereof.

   EXTERIOR OF THE PREMISES -- Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.

   EXTERMINATION -- The control and elimination of insects, rodents and vermin.

   FRONT YARD -- That space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the "front yard" shall be measured along a line perpendicular to the front street line or right-of-way line from the point of the foundation of the structure or building closest from such street line.

   GARBAGE -- Putrescible animal and vegetable waste resulting from the handling preparation, cooking and consumption of food.

   INFESTATION -- The presence of rodents, vermin, insects or other pests on the premises which constitutes a health hazard.

   NUISANCE:

   1. Any condition so defined by common law, the statutes of the State of New Jersey or the ordinances of the Borough of Bloomingdale.

   2. Any condition which may prove attractive but detrimental to the health or safety of children, whether in a building on the premises or a building or upon an unoccupied lot.

   3. Physical conditions dangerous to human life or detrimental to health or persons on or near the premises where the conditions exist.

   4. Conditions which render air, food or drink unwholesome or detrimental to the health of human beings.

   OCCUPANT -- Any person having actual possession of a premises.

   OPERATOR -- Any person who has charge, care or control of a dwelling or premises or any part thereof, with or without the knowledge and/or consent of the owner.

   OWNER -- Any person or entity who, alone or jointly or severally with others, has legal or equitable title in any form to any premises, with or without actual possession thereof, or who shall have charge, care or control of any dwelling or premises as owner or agent of the owner, including but not limited to a fiduciary, executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession.

   PREMISES -- A lot, plot or parcel of land, including the buildings or structures thereon.

   REFUSE -- All nonputrescible solid wastes, including but not limited to abandoned vehicles and recreational equipment and parts thereof, abandoned machinery and parts thereof, household furnishings, dead animals, debris, junk, appliances, rubbish, scrap lumber, stumps, tires, trash, grass and yard clippings. (See also "garbage.")

§ 60A-3. Compliance required.

All structures and premises, residential, commercial and industrial shall comply with the provisions of this chapter, whether or not those structures and premises have been constructed, altered or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which may have been issued for their use or occupancy prior to the effective date of this chapter. Vacant lots, lands and premises are also required to comply with the provisions of this chapter.

§ 60A-4. Higher standards to prevail.

In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the Borough of Bloomingdale or under the laws or regulations of the State of New Jersey, then the standards as set forth herein shall prevail. If the provisions of this code impose a lower standard than any other ordinance of the Borough of Bloomingdale or of the laws and regulations of the State of New Jersey, then the higher standard contained in any such ordinance or law shall prevail.

§ 60A-5. Compliance with other ordinances.

No certification of compliance with this code shall constitute a defense against any violation of any other ordinance of the Borough of Bloomingdale applicable to any structure or premises.

§ 60A-6. Duties and responsibilities of owners, operations and occupants.

1. Owners and operators. Owners and operators shall have all the duties and responsibilities as prescribed in this code, and no other owner and operator shall be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.

2. Occupants. Occupants shall have all the responsibilities and duties as prescribed in this code, and the occupant shall not be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation therefor and in violation thereof.

3. Contract not to alter responsibilities. Unless expressly provided to the contrary in this code, the respective obligations and responsibilities of the owner and operator on the one hand and the occupant on the other shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.

§ 60A-7. Maintenance.

1. It shall be the duty of the owner, operator and/or occupant to keep the exterior of the premises free of nuisances, which include but are not limited to the following:
   1. Garbage and/or refuse.

   2. Natural growth, such as dead and dying or storm-damaged trees and limbs or other growth which, by reason of its condition or nature, constitutes a hazard to persons lawfully in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions. Owners of vacant premises must keep them free of nuisances.

   3. Overhanging objects and accumulations of ice and/or snow which, by reason of their location above ground level, constitute a danger of falling on persons lawfully in the vicinity.

   4. Ground surface hazards, such as holes, excavations, breaks and projections, on residential premises within five (5) feet of an unfenced property line or on any part of a nonresidential premises to which the public has lawful access.

   5. Sources of infestation, including all environments and conditions conducive to the increase or spread of vermin.

2. It shall be the duty of the owner, operator and/or occupant to keep and maintain the exterior of the premises and structures so that the appearance of the same shall not constitute a blighting factor, including but not limited to the following:
   1. Storage of commercial and industrial material. There shall not be stored or used, at a location exposed to public view, equipment and materials relating to commercial or industrial uses, unless permitted under the Chapter 92, Zoning.

   2. Landscaping. Premises shall be kept from becoming overgrown and/or unsightly. Vegetation along the public right-of-way shall be kept from becoming a hazard to pedestrians and motorists.

   3. General maintenance. The exterior of every structure shall be maintained in good repair for purposes of preservation and appearance and free of conditions reflective of deterioration or inadequate maintenance, including but not limited to broken glass, excessively peeling or deteriorated paint, loose shingles and crumbling stone or brick.

   4. Front yard parking; commercial vehicle parking.
      1. No person shall park any motor vehicle or boat in any front yard area except on driveways constructed and installed in compliance with borough ordinances, and no driveway shall be wider than fifty percent (50%) of the front yard width of any property.

      2. In any residential zone, except as provided herein, no person shall use the property for the parking of commercial vehicles. It shall be unlawful for any person to use property in a residential zone for the parking of commercial vehicles except if such commercial vehicles are temporarily parked on business calls to subject property or if any such commercial vehicle is parked in an enclosed garage.

§ 60A-8. Vacant buildings.

1. Definition. An "unoccupied or vacant building" shall mean any structure intended for residential or commercial use which is not currently occupied or in use. For the purpose of the enforcement of this chapter, a presumption shall exist that a structure vacant for six (6) months is not currently occupied or in use.

2. Basic equipment and facilities. Every unoccupied or vacant building must comply with the following minimum standards for basic equipment and facilities:
   1. Plumbing. All plumbing fixtures shall be properly installed and be in sound condition and good repair.

   2. Electricity. Every existing outlet and fixture shall be properly connected. Wiring and service lines shall be maintained in good and safe working condition.

   3. Heating plant. The heating plant shall be maintained in a safe condition.

   4. Cooking equipment. All cooking equipment shall be maintained in a safe condition.

3. Safety from fire. All owners or unoccupied or vacant buildings shall comply with the applicable provisions of the Borough Fire Prevention and the following additional provisions of the Borough Fire Prevention Code and the following additional standards for safety from fire:
   1. No unoccupied or vacant building shall contain any space utilized for the storage of flammable liquids.

   2. No room within any vacant or unoccupied building shall be used for storage or junk, rubbish or wastes, furniture or building materials not intended to be used in the existing building.

   3. The early detection and containment of fire being a valid municipal concern, the boarding up of doors and windows shall not be permitted except with the permission of the public officer in emergency situations. When doors and windows are boarded up, they shall be covered with no less than one-half-inch exterior plywood or equivalent, which shall be the same color as the building exterior. In no case shall boarding up of doors and windows be permitted in excess of ninety (90) days without a waiver from the Mayor and Council.

   4. All windows within twenty (20) feet of the ground or which may be readily accessible shall be secured with security screens, bars and/or grilles, and the security screens, bars and/or grilles on open windows shall include quick-release mechanisms, both of which shall be subject to the approval of the public officer.

4. Safe and sanitary maintenance. All occupied or vacant buildings shall comply with the following minimum standards for safe and sanitary maintenance:
   1. Every foundation, exterior wall or exterior roof shall be weathertight, watertight and rodentproof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

   2. Every floor, interior wall and ceiling shall be substantially rodentproof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

   3. Every window, exterior door and basement or cellar door and hatchway shall be weathertight, watertight, rodentproof and locked and shall be kept in sound working condition and good repair.

   4. Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.

   5. Every yard shall be properly graded so as to prevent the accumulation of stagnant water.

   6. There shall be a controlled method of disposing of water from roofs by use of gutters and downspouts, which shall be installed and maintained in sound condition, free of leaks and obstructions.

   7. Every dwelling's cellar, basement and crawl space shall be maintained reasonably free from dampness.

   8. The exterior of every structure or accessory structure shall be maintained free of broken windows, loose shingles, crumbling stone or brick or excess peeling paint.

   9. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood 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.

5. Further responsibilities of owners. All owners of unoccupied or vacant buildings shall be required to comply with the following standards:
   1. Any yard area (front, side and rear) adjacent to an unoccupied or vacant building shall be cleared and maintained free of trash, solid debris or any other materials that cause litter to accumulate to unhealthy and blighting proportions.

   2. Grass, weeds or vegetation shall not be permitted to grow or remain on the side, front and/or rear yards of any unoccupied or vacant building so as to exceed a height of twelve (12) inches. Any edible vegetation planted for some useful or ornamental purpose shall not be governed by this provision.

   3. Unoccupied or vacant buildings shall not be utilized for storage of any materials, whether solid or liquid, including the yard portion of that building.

   4. When a vacant dwelling is found to be infested with rats, termites, roaches and/or any other insects and vermin, the owner shall undertake an expedient means of extermination of such nuisances.

   5. All doors and/or lids on appliances, furniture utilized for storage or on heating furnaces shall be locked in order to deny entry to an individual(s) where the potential for physical harm or death may result should said door close and prevent the individual's escape.

6. The standards and requirements of this section shall apply as long as any dwelling remains vacant or unoccupied. Upon occupancy, the other appropriate sections of this code shall prevail.

§ 60A-9. Existing remedies.

Nothing in this chapter shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any building or structure which is deemed to be dangerous, unsafe or unsanitary.

§ 60A-10. Enforcement.

1. Enforcement officer. The Property Maintenance Officer of the Borough of Bloomingdale is hereby designated as the officer in charge with the enforcement of this code and is hereinafter referred to as the "enforcement officer." The Construction Code Official of the Borough of Bloomingdale, Building Subcode Official of the Borough of Bloomingdale, Municipal Engineer, all members of the Police Department and authorized inspectors of the Fire Department and health officers of the Borough of Bloomingdale are hereby designated as assistant enforcement officers for the purposes of the enforcement of this code.

2. The enforcement officer shall cause to be made such inspections of premises within the borough as he shall deem necessary to effect compliance with this chapter and shall have the authority to use the services of and public authority in the enforcement of this code.

3. Notice to owner, operator or occupant upon noncompliance. Following inspection, if the enforcement officer determines that the premises are not in compliance with this chapter, he shall then issue and cause to be served upon the owner, operator and/or occupant of the premises a written notification, stating the nature of the violation and the corrective action sought and allow thirty (30) days (exclusive of the day of service) for its correction. In cases where the violation presents a clear and present danger to public health and safety, the complaint is to be turned over to the Police Department or the Board of Health for prompt action within its jurisdictions.

4. Service of notice. In the case of an owner or operator, the notice may be served personally upon him or by registered mail or certified mail, addressed to the last known address. If after due diligence, the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the structure. Personal service of the notice may be upon a member of the family or the owner or operator over fourteen (14) years of age, residing in the same dwelling unit with the owner or operator, as the case may be. In the case of the occupant, notice may be mailed or delivered to him at his place of business or posted to the door of the occupant's premises.

5. Protest; hearing before Mayor and Municipal Council; subsequent actions.
   1. Within three (3) working days following receipt of the notice of violation, the person receiving such notice may file an objection, in writing, to the enforcement officer, and any such person shall be afforded a hearing before the Mayor and Municipal Council as soon as is reasonably possible. The Mayor and Municipal Council may, in its discretion modify or withhold strict enforcement of this chapter.

   2. If the decision rendered by the Mayor and Municipal Council after the hearing upholds the decision of the enforcement officer, a second notification shall be issued and served allowing such time period as is established by the Mayor and Council for correction of the violation and carrying notice of the penalties which will be imposed for failure to comply.

§ 60A-11. Emergency situations.

Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement officer may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three (3) days. Upon failure to do so, the enforcement officer shall abate the condition subject to the provisions of § 60A-12 of this chapter.

§ 60A-12. Abatement by borough; expense.

Where abatement of any nuisance, as defined herein, correction of a defect in the premises or work necessary to place the premises in a proper condition so as to conform to ordinances of the borough or applicable laws of the State of New Jersey requires expending borough moneys, the Municipal Engineer shall present a report of work proposed to be done to accomplish the foregoing to the Mayor and Municipal Council with an estimate of the cost, along with a summary of the proceedings undertaken by the enforcement officer to secure compliance, including notices served upon the occupants, owners, operators or their agents, as the case may be. The Mayor and Municipal Council may thereupon, by resolution, authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with this code. The Municipal Engineer shall thereafter proceed to have the work performed in accordance with the resolution at municipal expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs to the Mayor and Municipal Council. After review of the report, the Mayor and Municipal Council may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Municipal Clerk and filed with the Tax Collector of the borough, who shall be responsible for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the effected premises.

§ 60A-13. Violations and penalties.

1. Where any owner, operator or occupant fails to comply with an order issued pursuant to this chapter, he shall be deemed in violation of this chapter and shall be subject to the penalties provided herein. It shall be the duty of the enforcement officer to cause a summons to be issued from the Municipal Court for such violation, but nothing contained herein shall limit the power of the enforcement officer to take such further action under the criminal and civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate any nuisance.

2. Each violation of any of the provisions of this chapter and each day that the violation existed shall constitute a separate and distinct offense and shall be punishable by a fine not to exceed five hundred dollars ($500.) per day and per offense, levied against the owner, operator or occupant, with a minimum fine of one hundred dollars ($100.) per day.

3. Where abatement of any nuisance, as defined herein, was accomplished and premises brought into compliance with this chapter through the expenditures of borough funds, such costs shall be assessed against the premises cited as a lien in the same manner as real estate taxes.

§ 60A-14. Compliance inspection.

Upon issuance of a notice of violation pursuant to this chapter, the property owner, operator/or occupant shall correct the condition and notify the enforcement officer that said condition has been corrected. A compliance inspection shall then be made. Should full compliance not be achieved at the time of said inspection, the borough shall be reimbursed by the property owner for the cost of all reinspections. Failure to reimburse the borough shall result in a lien for said cost being placed against the property in the same manner as real estate taxes.

§ 60A-15. Fees.

There shall be no fee for an initial compliance inspection made following the issuance of a notice of violation required pursuant to this chapter. Fees for subsequent inspections to determine compliance shall be twenty-five dollars ($25.) for the first inspection and shall increase in increments of twenty-five dollars ($25.) for subsequent inspections.

§ 60A-16. Severability.

Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, the remaining portions thereof shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this chapter are hereby declared to severable.

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