Spring has arrived and with it, warmer weather activities such as sprucing up our properties, various sports and recreational pursuits or simply enjoying being outdoors. The Montclair Division of Code Enforcement, Housing and Property Maintenance would like to remind the community of the codes we enforce, particularly those we are more frequently called upon to investigate as warmer weather arrives:
Chapter 100 -- Brush, Grass and Weeds.
Dead and dying trees, stumps, roots, brush, weeds, obnoxious growths, garbage, trash and other types of debris may pose serious health and safety issues. Owners or tenants must ensure properties are well maintained and are free of trash or debris and that hedges, bushes, trees and other plant life are not overgrown or create sight triangle visibility issues.
Chapter 190 -- Housing.
Housing issues include maintenance, lack of heat or hot water and illegal occupancy concerns. With respect to property maintenance, section 190-17G ensures that all areas of a premises are kept clean and free of garbage and other safety hazards. It requires that lawns, hedges and bushes be kept trimmed and are not permitted to become overgrown and unsightly; fences must be kept in good repair.
Chapter 297 -- Streets and Sidewalks.
Ensuring sidewalks and aprons are in good repair and clear of all encumbrances is a year-round responsibility. Encumbrances include refuse/recycling containers, tree branches and other waste put out for collection; various sporting equipment such as portable goal posts and basketball hoops; low-hanging branches and overgrown hedges; and any other materials that may cause hazards to pedestrians.
Property owners are also responsible for the upkeep up of sidewalks and swales adjacent to their properties.
Chapter 292 -- Solid Waste.
The Township of Montclair strictly enforces Ordinance 292-5, which requires recyclable materials to be separated into two containers: MIXED PAPER goes in one container, and COMMINGLED metal, glass, plastic bottles and cans go in a separate container. This means that if you have not separated your recyclable materials into a Commingled container and a Mixed Paper container, your recycling will not be collected. If the resident continues to improperly separate recyclable materials, Code Enforcement will issue a warning, followed by a summons should non-compliance continue.
Garbage cans and bulky waste are to be put out for collections between the hours of 6:00 p.m. on the day preceding a scheduled collection and 6:00 a.m. on the scheduled collection day. (See 292-23 of the Township Code.)
Residents are reminded that garbage cans must be no more than 35 gallons in size and weigh no more than 50 lbs. Only 3 cans per household may be put out for collection. (See 292-21 of the Township Code.)
See the Commingled & Mixed Paper Recycling page on the township website for information on items accepted for recycling.
For more information about the proper disposal of various items see the A to Z Disposal Guide on the Township website.
Chapter 217 -- Noise.
Montclair has a number of ordinances in place governing noise, including time constraints on construction activities and use of internal combustion engine leaf blowers. The Code Enforcement office responds to calls regarding the latter, while all other noise complaints should be directed to the Montclair Police Department (973-744-1234).
Business owners should be aware of some of the more frequent infractions Code Enforcement office is called upon to investigate.
Chapter 247 -- Property Maintenance.
This section of the Township Code concerns the maintenance of buildings or structures used for commercial, business, industrial and other nonresidential purposes. Code Enforcement officials report on matters of structural deterioration, the lack of maintenance and appearance of a premise’s exterior, infestation, and other issues regarding the maintenance or upkeep of structures that not only could present safety issues but could also create neighborhood blight.
Several of the ordinances concern signs: Township Ordinance 347-111 delineates the general requirements for all signs, including sign permit procedures; signage plan specifics; sign maintenance, nonconforming, damaged and abandoned signs; and exemptions. Common examples of improper signage include A-frame signs on the sidewalk and excessive signage in the windows.
Below are the ordinances that define the requirements for specific types of signs:
347-110.4 Sidewalk Signs
347-110.6 Temporary Signs and 347-109.3
347-110.2 Window Signs
347-109 Signs Permitted in All Zones
Prohibited signs are covered by Ordinance 347-108.
Ordinance 292-3 requires that all places of business keep the sidewalks and gutters in front of their premises in a clean and orderly condition.
Officials are also called upon to investigate various other Code Enforcement issues that affect the vitality of our neighborhoods and well-being of our citizens.
Chapter 213-- Multifamily Buildings
Officials are responsible for certificate of habitability inspections, required when there is a change in tenancy.
Chapter 249-- Vacant and Abandoned Property.
Montclair Township's vacant property ordinance requires vacant residential properties to be registered with the Township. The ordinance states that any residential building that is not legally occupied and is in an uninhabitable condition will be deemed vacant. This includes properties that have current construction permits and are in such condition that they cannot legally be occupied without repairs or rehabilitation. If you believe a home on your street has been abandoned, please notify the Code Enforcement office (see contact details below).
Chapter 326-- Abandoned Vehicles.
This ordinance prohibits the outdoor storage or abandonment of any motor vehicle not currently used for transportation or not licensed for operation in the current year.
Chapter 347-- Zoning.
Code Enforcement officials are responsible for investigating illegal apartments, campers/trailers in residential zones, fences and signs and other zoning issues.
When making changes to the exterior of a building, residents and business owners need to be aware of Ordinance 347-136 which establishes when a certificate of appropriateness is required before work can begin.
The vitality of our neighborhoods is an important township priority. The quality of our surroundings benefits not only the significant investment we make in our homes, but also the community at large by keeping our neighborhoods attractive, safe and clean, and a wonderful place to live and work.
The Montclair Division of Code Enforcement, Housing and Property Maintenance office falls under the direction of Deputy Fire Chief Brian Wilde. For questions or additional information, please contact the Montclair Division of Code Enforcement, Housing and Property Maintenance office at 973-509-5703 or email [email protected].