§ 188-23. Maintenance of residential and nonresidential property.

The duties and responsibilities of owners and operators are as follows:

A. 

The duties of the owner and operator as herein stated are coextensive with provisions of Chapters 142, 159, 163, 199, 208, 244, 250 and 265 of the Code of the Borough of Florham Park, and the State Housing Code.

B. 

Hazards and unsanitary conditions. The grounds related to buildings shall be kept free of hazards and nuisances, including but not limited to the following:

(1) 

Refuse, brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, debris, slippery conditions and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas.

(2) 

All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with § 188-15 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

(3) 

Natural growth such as dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. (Trees shall be kept pruned and trimmed to prevent such conditions.) (See also Borough Code Chapter 159.)

Editor's Note: See Ch. 159, Nuisances.

(4) 

Overhanging objects such as tree limbs, branches and accumulations of ice and snow which, by reason of their location above ground level, constitute a danger of falling on persons in the vicinity thereof.

(5) 

Ground surface hazards such as holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. Upon discovery such hazards should be properly marked and protected until the hazard is eliminated. All such holes and excavations shall be filled and repaired, walks and steps replaced to original specification and other conditions removed where necessary to eliminate hazards or unsanitary conditions within 30 days of their discovery. Adequate gutters and surface water runoff systems shall be provided and maintained to eliminate recurrent or excessive accumulation of stormwater.

(6) 

Accumulations of snow and ice on driveways, walks and parking areas shall be promptly removed, or in no case later than 48 hours after the cessation of the respective storm. The Borough may, however, after fair notice, remove snow, ice or sleet from interior and exterior drives, parking areas and walkways, with the cost to be paid or assessed against the owner. The time requirement for snow, ice and sleet removal may be modified by executive order of the Mayor and Council. Single-family owner-occupied residential properties shall be exempted from the requirement for removal of snow and ice from interior driveways, walkways and parking areas.

(7) 

Sidewalks, driveways and parking areas. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas, including those in a public easement, shall be kept in a proper state of repair and maintained so as to be free from hazardous conditions, displaced cracks, holes or other defects hazardous to the safety and welfare of those using said areas.

(8) 

Maintenance of sites under construction; securing the construction site.

[Added 12-12-2013 by Ord. No. 13-15]

(a) 

It shall be the responsibility of the contractor working at any construction site or the owner of a construction site or the agent/operator of either to secure the construction site with a barrier of sufficient loading capacity to prevent and/or limit access to the subject site. The barrier shall be a minimum of six feet tall and installed around the entire perimeter of the construction site, or in another manner and/or location as the Construction Official or Code Official, in the reasonable exercise of his discretion, may determine is necessary so as to protect the health and safety of the public. The perimeter barrier shall be installed prior to the commencement of work as defined and remain installed on the construction site until a certificate of occupancy is issued or until the Construction Official or Code Official determines the construction site no longer requires the barrier.

(b) 

In addition, the Construction Official or Code Official shall have the authority to require that the barrier described herein be installed by the contractor or owner or agent of such lesser portion of a given construction site than the entire perimeter, as he shall determine based upon the extent of the demolition, excavation and/or construction.

(c) 

The installation and acceptance of the required barrier by the Borough Construction Official or Code Official shall be considered a “prior approval,” and failure to fully comply will constitute a valid reason for the issuance of a stop-work order under the New Jersey Uniform Construction Code administered by the Borough Construction Official.

(d) 

Specific requirements.

[Added 12-12-2019 by Ord. No. 19-18]

[1] 

Inactive construction sites shall comply with the requirements of the Property Maintenance Code, specifically § 188-23.

[a] 

All construction sites (i.e., large additions, new homes, in-ground pools, home demolitions and large excavations) shall be enclosed by a six-foot temporary fence as directed by the Construction Official.

[b] 

Temporary construction fences shall not be removed until inspected and directed by the Construction Official.

[c] 

Construction activities shall progress in a reasonable manner not extending beyond the parameters as set forth in the UCC. If, for any reason, construction activities cease for more than six months, the Construction Official may revoke the permit under UCC guidelines.

[2] 

No construction site shall be used for the staging or storage of construction equipment, commercially registered vehicles, heavy equipment, storage containers, trailers, materials, dirt or debris, except:

[a] 

Trailers, heavy equipment, construction equipment, and storage containers directly and actively used in furtherance of the construction activities occurring on a particular construction site may remain at the site for no more than 10 days after the completion of such activities.

[b] 

One commercially registered vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds shall be permitted to be stored, parked or remain overnight on the exterior premises of any construction site within a residential zone.

[c] 

Topsoil and fill necessary for backfill and final grade and nonhazardous materials, dirt and debris resulting from or used for the construction activities occurring on the site may remain at the site until needed, provided that, to the fullest extent possible, the same shall be properly stored and organized so as not to pose a danger to the public or be kept in an unsightly condition.

[3] 

Temporary portable toilets.

[a] 

Portable toilets are required on all job sites without a permanent toilet.

[b] 

Portable toilets shall be placed within the temporary fencing when possible.

[c] 

When temporary fencing is removed or not present, portable toilets shall be placed as close to the home or project as possible.

[d] 

At no time shall portable toilets be placed at or on the curb of the property.

[e] 

All portable toilets shall be cleaned and sanitized at least once a week.

[f] 

Regular cleaning as necessary to support specific job sites.

[g] 

Portable toilets shall be removed within five days of the issuance of a certificate of occupancy or approval.

[4] 

Dumpsters and garbage containers.

[a] 

All dumpsters and garbage containers shall be placed within the confines of the temporary construction fence.

[b] 

All dumpsters and garbage containers shall be emptied within two days of capacity.

[c] 

All dumpsters and garbage containers shall be maintained along with areas surrounding such.

C. 

Landscaping. All premises shall be kept landscaped pursuant to site plan requirements (commercial property), and lawns, hedges and bushes shall be kept trimmed to keep them from becoming overgrown and unsightly where exposed to public view and from constituting a blighting factor depreciating adjoining property and impairing the character of the neighborhood. Lawns shall be considered overgrown and unsightly when the grass exceeds six inches in height.

D. 

Sidewalks damaged by roots of a Borough-owned or -supplied tree must be repaired within 30 days of notification by the Property Maintenance Code Official.

E. 

Vacant land. Vacant land zoned or used for residential, commercial or industrial use is subject to the provisions of this chapter as well as those of Chapter 159 of the Code of the Borough of Florham Park relating to the removal of refuse, garbage and weeds. The Property Maintenance Code Official is hereby authorized and directed, in addition to the Director of Public Works, to initiate and receive complaints with respect to such conditions, as they affect the value and character of building development in the Borough.