Conference/Public Meeting Agenda/Documents — Packet

" az/e7/zeni,.29: 37° 2011 Township of West Orange, New Jersey «, Bepartment of Planning & Development Le ; Housing Inspection Division yO Doel Building — 66 Main Street . ite NJ07052 | In accordance with the tee bal of the Housing. ‘Code of The Township of West Orange, tified to soerect the conditions listed below, on or before the Nonresidential. Sone. MOW. YOUR LAWN WITHIN CON P _ lin ‘fais: tiotice ‘shal result in camminees to Municipal Conrt and for violation of Wet Orange Ordinances. éarrestons! have been n cori. Thank you. Plesse advite this offices ‘Goniece Gary-Adams, Zoning Officer 973-325-4119 : BUILDING: PAGE 82

2361-12 AN ORDINANCE CREATING NEW TOWNSHIP CODE SECTION CHAPTER 14, SECTION 8.2A AND REVISING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE TO ALLOW FOR SNOW, ICE AND GRASS REMOVAL ON PRIVATELY- OWNED PROPERTIES BY TOWNSHIP EMPLOYEES OR AGENTS BE IT ORDAINED, by the Township Council of the Township of West Orange (“Township”), in the County of Essex and State of New Jersey, that there should be created a Chapter 14, Section 8.2A of the Revised General Ordinances of the Township, which shall provide as follows: 14-8.2A Failure to Comply With Ice, Snow, or Grass Removal; Enforcement 1. If the owner or operator of lands abutting upon the public highways, streets and avenues of the Township shall neglect or refuse to remove all snow, ice, grass, or other impediments, as required by §14-8.1(a)(3), §14-8.1(b), §14-8.2(a)(2) or §14-8.2(b)(1), then the Department of Public Works or a suitable third-party vendor approved by the Director of the Department of Public Works may, after three (3) days’ notice posted on the property, remove or cause to be removed, or trim or cause to be trimmed, the snow, ice, grass, or other impediments which are in violation of the Township Code. 2. Upon the completion of any removal or trimming as contemplated by subsection (a) of this section, and upon the Township’s issuance or receipt of an invoice for services rendered, the Department of Public Works or any other Township Department may obtain a lien against the applicable real property for the cost of services and all costs related thereto, including all attorneys’ fees and expenses incurred related thereto. Such lien shall be authorized pursuant to a resolution considered and approved by the Township Council. BE IT FURTHER ORDAINED, that the remainder of Chapter 14, Section 8, remains unchanged. BE IT FURTHER ORDAINED, that if any section, paragraph, subsection, clause or provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudicated, and the remainder of the

f this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudicated, and the remainder of the Ordinance shall be deemed valid and effective. BE IT FURTHER ORDAINED, that any ordinances or parts thereof in conflict with the

provisions of this Ordinance are repealed to the extent of such conflict. BE IT FURTHER ORDAINED, that this Ordinance shall take effect upon passage and publication in accordance with law. Karen J. Carnevale Victor Cirilo Municipal Clerk Council President Robert D. Parisi, Mayor Introduced: September 11, 2012 Adopted: October 2, 2012

LEGISLATIVE HISTORY Township Code Sections 14-8.1 and 14-8.2, among others, comprise a portion of the Township’s Property Maintenance Code. These sections set forth certain minimum exterior maintenance standards for residential and non-residential properties in the Township. There have been delays in the abatement of violations for overgrown grass at properties which are abandoned, but still pending the foreclosure process. While secured parties are obligated to maintain these abandoned properties pursuant to N.J.S.A. 46:10B-51(b), often these secured parties fail to appear in the Municipal Court on their scheduled court date. Thus, neighbors of these properties and entire neighborhoods suffer from grass, ice or snow conditions which violate the Township’s Property Maintenance Code, and which may exist for months before a property owner, operator or secured party ever takes action to abate the condition. This legislation would allow the Township’s Department of Public Works, or an appropriate third-party vendor authorized by the Director of the Department of Public Works, to take action to abate grass, snow or ice conditions which violate Township Code §14-8.1(a)(3), §14-8.1(b), §14-8.2(a)(2) or §14-8.2(b)(1). Such action by the Department of Public Works or the approved third-party vendor would be permitted only after three (3) days’ notice of the violation, posted at the property. The purpose of this legislation is to ensure that the Township may take swift action to abate Property Maintenance Code violations relating to grass, ice and snow, so as to promote the good residential character of its neighborhoods and promote the health, safety and welfare of Township residents. The legislation would reduce frustration among neighbors and neighborhoods which bear the burden of an owner or operator’s choice not to properly maintain a property. This proposed legislation comes at limited cost to the Township, which would be entitled to obtain a first-priority municipal lien for any costs incurred for taking action to service the property. Authority for this proposed Ordinance is derived from N.J.S.A. 40:48-1, which authorizes the governing body of every municipality in the State of New Jersey to “make, amend, repeal

and enforce . . . ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants.” Authority is also derived from N.J.S.A. 40:48-3, which explicitly authorizes municipalities to take corrective action to abate nuisance violations to real property where a property owner does not take action.

TOWNSHIP OF WEST ORANGE PROCESS FOR ABATEMENT OF SNOW, ICE OR GRASS VIOLATION PLEASE BE ADVISED THAT, AS AN OWNER OR OPERATOR OF THIS PROPERTY, YOU HAVE BEEN ISSUED A NOTICE TO CURE VIOLATION PURSUANT TO TOWNSHIP OF WEST ORANGE (“TOWNSHIP”) CODE SECTION 14-8.2A. You have three (3) days to abate the snow, ice or grass condition at your Property as set forth in the attached Notice of Violation. If the snow, ice or grass condition is not abated within three (3) days of this the foregoing notice, Township Code Section 14-8.2A authorizes the Township’s Department of Public Works, or a third-party approved by the Township’s Department of Public Works , to remove or trim the snow, ice or grass condition. If you do not abate the snow, ice or grass condition at this property within three (3) days, the following may occur:  You may be subject to the issuance of a Summons and Complaint, without further notice.  If a Summons and Complaint is issued, it would require your appearance in the Township’s Municipal Court and may result in fines or other penalties.  If you fail to appear in the Township’s Municipal Court on the date set in the Summons and Complaint, a bench warrant may be issued by the Township’s Municipal Court. If you have any questions regarding this Notice, please contact the Township’s Property Maintenance Department, at (973) 325-4100.

TOWNSHIP CODE SECTIONS 14-8.1 AND 14-8.2 14-8.1 Maintenance of Exterior of Premises. a. Hazards and Unsanitary Conditions. The exterior of the premises and all structures thereon shall be kept free of all nuisances, and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and free of unsanitary conditions; and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following: 1. Refuse, garbage and rubbish as defined in Section 14-2.1 contained herein. 2. Natural Growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard or nuisance to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. All weeds shall be removed from the vicinity of any public sidewalk or roadway. 3. Overhangings. 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. b. Ground Surface Hazards of Unsanitary Conditions. All holes, excavations, breaks, projections, obstructions, and excretion of pets and other animals on paths, walks, driveways, parking lots, and parking areas and other parts of the premises which are easily accessible to and used by persons on the premises shall be filled and repaired, walks and steps replaced, and other conditions removed where necessary to eliminate hazards or unsanitary conditions. Regarding the removal of accumulated snow or ice on private property from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles a summons may be issued where the snow or ice remains uncleared within twenty-four (24) hours after the snow has ceased to fall or the ice has formed. c. Recurring Accumulations of Storm Water. Adequate run-off drains shall be provided and maintained to eliminate any such recurrent or excessive accumulation of storm water. d. Sources of Infestation. e. Foundation Walls. Foundation walls

e run-off drains shall be provided and maintained to eliminate any such recurrent or excessive accumulation of storm water. d. Sources of Infestation. e. Foundation Walls. Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely. f. Chimneys and All Flue and Vent Attachments Thereto. Chimneys and all 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. Chimneys, flues, gas vents or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight, and capable of withstanding the action of flue gases. g. 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 to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free from defects. (1972 Code § 16-8.1; Ord. No. 1690-00 § 3; Ord. No. 2301-11)

14-8.2 Appearance of Exterior of Premises and Structures. a. Residential and Nonresidential. The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the residential standards of the neighborhood or such higher standards as may be adopted as part of a plan of urban renewal by the Township, and it shall be the duty of the owner or operator to maintain the premises in the manner set forth herein, including, but not limited to the following: 1. Storage of Commercial and Industrial Material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under the Zoning Ordinance for the premises. 2. Landscaping. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed where exposed to public view, and shall be maintained so as not to obstruct public access to sidewalks and roadways. All trees shall be kept trimmed so that they do not encroach onto the sidewalk or roadway from the ground to a height of seven (7) feet. Hedges and bushes shall be maintained so that they do not encroach onto the sidewalk. Lawns shall be trimmed and maintained and shall not exceed a height of eight (8) inches from the ground. All lawns, trees, hedges and bushes in violation of any and all provisions of this Ordinance shall be removed, trimmed, or cut to conform to the requirements set forth herein. 3. Signs. All signs shall be maintained in good repair and printed matter, pictures or illustrations contained thereon shall be completely maintained or when no longer in use completely removed. 4. Reconstruction of Walls and Sidings. All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the residential character of the properties in the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that by