[HISTORY: Adopted by the Township Committee
of the Township of Washington 11-14-2022 by Ord. No. 2022-20.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 53, Buildings,
Unfit, adopted 11-13-1963, as amended.
It is hereby found and declared that there exist in the Township
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance, and
further that such conditions, including but not limited to structural
deterioration, a lack of maintenance or upkeep of essential facilities
and utilities and the existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Township. It is further
found and declared that, by reason of a lack of maintenance and the
ensuing progressive deterioration, certain properties have the further
effect of creating blighting conditions and that, by reason of timely
regulations and restrictions as herein contained, the growth of this
blight may be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities of dwellings and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
It is also found that there is a need to regulate and limit the number
of vehicles and boats that can be parked or stored on properties to
avoid undue congestion and enhance the streetscape and aesthetic appearance
of the community.
The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance and condition of the exterior of residential and nonresidential
premises; to avoid, prevent and eliminate the maintenance of or creation
of hazards to the public health and safety; to avoid, prevent and
eliminate conditions which, if permitted to exist or continue, will
depreciate or tend to depreciate the value of adjacent or surrounding
properties; to prevent the creation, continuation, extension or aggravation
of blight; to regulate and limit the number of vehicles and boats
that may be parked or stored on properties; to fix certain responsibilities
and duties upon owners, operators and occupants of property; and to
provide for the administration and enforcement of this chapter.
A.Â
All vacant or improved properties shall comply with the provisions
of this chapter.
B.Â
Every residential and nonresidential structure used for residential,
commercial, business or industrial occupancy, including vacant structures,
and the premises on which they are situated in the Township, shall
comply with the provisions of this chapter, whether or not such structure
shall have been constructed, altered or repaired before or after the
enactment of this chapter and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the structure
or for the installation or repair of equipment or facilities prior
to the effective date of this chapter.
In any case where the provisions of this chapter impose a higher
standard than that set forth in any ordinance of the Township or under
the laws of the State of New Jersey, then the standards as set forth
herein shall prevail, but, if the provisions of this chapter impose
a lower standard than any ordinance of the Township or of the laws
of the State of New Jersey, then the higher standard contained in
any such other ordinance or law shall prevail.
Nothing in this chapter shall limit or impair any existing remedies
of the municipality, or its officers or agencies, relating to the
removal or demolition of any buildings or structures which are deemed
to be dangerous, unsafe, or unsanitary.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, be defined as follows:
The process of appealing the actions, determinations and
findings of the enforcement officer to the Township Committee.
The condition of a structure or part thereof characterized
by excessive holes, breaks, rot, crumbling, cracking, peeling, rusting
or other evidence of physical blight, decay or neglect, lack of maintenance
or excessive use.
The Zoning Officer, Code Enforcement Officer, Township Engineer
and/or the Washington Township Police Department.
An engineer licensed by the State of New Jersey and authorized
by the Township to inspect the structural integrity of buildings and
site improvements.
Those portions of a building or structure which are exposed
to public view or are visible from the streetscape or from adjoining
or adjacent properties, including all outside surfaces and appurtenances
thereto, and the open space on the premises outside any building or
structure erected thereon.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poison, spraying,
fumigating or trapping or by any other approved pest-elimination method.
Anything or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fires or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
Animal and vegetable wastes, excluding garden composts, resulting
from the handling, preparation, cooking and consumption of food.
Grass or similar vegetative plantings, excluding weeds, intended
to create a desirable visual appearance and prevent soil erosion and
excessive mud and dust.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, any of its agencies or this chapter; any physical condition
existing in or on the exterior of any premises, which is potentially
dangerous, detrimental or hazardous to the health or safety of persons
on, near or passing in proximity of the premises where said condition
exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of, residing, living or sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this chapter.
Any person, persons or entity, not the owner, who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title, in any form whatsoever, to any premises or part thereof, or
who shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or agent of the owner or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part of or all of any building, structure or land shall be deemed
to be a co-owner with the lessor for the purposes of this section
and shall have responsibility over that portion of the premises so
sublet, leased or assigned.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
All combustible and noncombustible waste materials, other
than garbage and garden composts, including but not limited to the
following: paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metal, mineral matter, glass,
crockery and the residue from burning wood, coal, coke or other combustible
material and solid commercial and industrial waste.
No vehicle as described in this section shall remain in such storage for longer than two consecutive weeks not exceeding one month in total in a 365-day period, unless otherwise approved as in § 53-8A(10).
The Township Committee of the Township of Washington, County
of Warren.
Automobile, truck, van, motorcycle, boat or similar device
used for transportation.
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this chapter, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder, nor may any such person or entity assert as a defense against
any charge made under this chapter that another owner, operator or
occupant or any other third person or entity is also responsible therefor
and in violation thereof.
A.Â
Exterior of premises. The exterior of all premises shall be kept
free from hazards and nuisances, which include but are not limited
to the following:
(1)Â
Garbage and rubbish, as defined in this chapter.
(2)Â
Unsafe structures: structurally unsafe or unsound buildings, structures
or fences or abandoned, uncovered or structurally unsound walls, shafts,
towers, exterior cellar openings, basement hatchways, foundations
or excavations and abandoned septic tanks or cesspools.
(3)Â
Discarded appliances and plumbing fixtures: abandoned refrigerators,
boilers, hot- water heaters, television sets and other similar major
appliances and sinks, bathtubs, commodes and other plumbing fixtures.
(4)Â
Overhangings: loose and overhanging objects, whether natural or man-made,
and accumulations of ice and snow which, by reason of location above
ground level, constitute a threat to the health and safety of people
if caused to fall.
(5)Â
Ground surface hazards: hidden or uncovered ground or surface hazards
such as holes, excavations, sharp or jagged projections or obstructions
that could cause serious injury.
(6)Â
Recurring accumulations of stormwater: stagnant surface or groundwater
accumulation which create or are likely to create insect breeding
areas.
(7)Â
Infestation: rodents, vermin and pest infestations and conditions
causing the same.
(8)Â
Lawn and landscaping: overgrowth or neglect of reasonable maintenance
of landscape plantings and ground covers, including failure to remove
in a timely manner dead or diseased trees and shrubbery or parts thereof
and failure to install adequate ground cover to prevent erosion or
to control mud and dust.
(9)Â
Nuisances, as defined in this chapter.
(10)Â
Inoperable vehicles: vehicles or parts thereof, including boats and
trailers, motorized or not, regardless of whether licensed or registered,
which vehicles or parts thereof have been dismantled or are in a state
of visible disrepair or in an abandoned condition. Any storage of
vehicles (cars, boats, RVs, etc.) not owned by the property owner
unless otherwise approved by the Zoning Officer or Land Use Board
will be deemed in violation of this chapter and therefore subject
to penalty.
(11)Â
Vehicles (expressly including boats) parked or stored in the front
or side yards except within driveways, garages and storage areas approved
by the Zoning Officer.
(12)Â
Unsanitary structures, improvements, and conditions including failing
or failed septic systems, cesspools or sanitary conveyancing facilities.
(13)Â
Accumulation of tree limbs, stumps, leaves and the like.
(14)Â
Discarded furniture and household items, including, but not limited
to, mattresses, chairs, sofas, wall hangings, computer and electronic
equipment, cabinets, tables, desks, lamps, and draperies.
B.Â
Steps, walks, driveways and parking lots for commercial establishments.
Steps, walks, driveways, parking areas, parking lots, parking spaces
and similar areas for commercial establishments shall be maintained
so as to afford safe passage under normal use and weather conditions.
Any holes or other hazards that may exist shall be filled or necessary
repairs or replacement shall be performed promptly.
A.Â
Enforcement officer. The enforcement officer shall be any member
of the Washington Township Police Department, the Township Engineer,
the Code Enforcement Officer, or the Zoning Officer.
B.Â
Coordination of enforcement. The inspection of premises and the issuance
of orders by the appropriate enforcement officer under the provisions
of this chapter shall be coordinated by the Code Enforcement Officer.
Whenever, in the opinion of the Code Enforcement Officer, it is necessary
or desirable to have inspections of any condition by any other enforcement
officer, as defined in this chapter, the Code Enforcement Officer
shall refer the matter in writing to the appropriate enforcement officer.
C.Â
Inspections.
(1)Â
The enforcement officer is authorized to enter upon any land at any
reasonable time for the purpose of performing his duty, with the consent
of the property owner.
(2)Â
In the event that a property owner refuses such consent, the enforcement
officer is authorized to apply to the Judge of the Washington Township
Municipal Court for an administrative entry order. The Judge may issue
such order upon submission of information which is sufficient, in
the determination of the Judge, to justify the issuance of the order.
(3)Â
No entry conducted pursuant to such administrative order shall take
place other than during the hours of 8:00 a.m. to 6:00 p.m. unless
the enforcement officer demonstrates that an emergency exists and
that the public health, safety and welfare requires such search during
earlier or later hours, as the case may be.
(4)Â
The inspections authorized hereunder are in addition to those which
may be authorized by the laws of the State of New Jersey.
D.Â
Enforcement procedure. Whenever the enforcement officer determines
that there is or has been a violation of any provision of this chapter,
he shall give notice of such violation to the person, persons or entities
responsible therefor under this section; provided, however, no notice
shall be required prior to the issuance of a summons issued by the
Police Department. Such notice shall be in writing and shall include
a concise statement of the reasons for its issuance. Such notice shall
be deemed to be properly and sufficiently served if a copy thereof
is sent by regular mail to the last known address of the person or
entity upon which the same is served, as shown by the most recent
tax records of the municipality, or if a copy thereof is handed to
said person or persons or if a copy thereof is left with the occupant
of the property if different from the owner of record. Notice shall
be given as aforesaid within or without the municipality.
(1)Â
The notice, subject to the rights of appeal provided in § 53-10 hereof, shall also state that, unless the violation is abated, removed, cured, prevented, or desisted (collectively referred to herein as "abatement") within 30 days of the date of service of such notice (exclusive of the date of service), a complaint shall be issued for such violation in the Washington Township Municipal Court. The enforcement officer may extend the period for compliance with the requirements of this section in regard to the violation stated in the notice for a period in excess of the aforesaid 30 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the thirty-day period, and, in such cases, the enforcement officer shall state such reasonably required extended period of notice, which shall then be applicable instead of the aforesaid 30 days. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said thirty-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall be issued against the person, persons, entity or entities so notified. Any extension beyond 60 days must be approved by the Township Committee.
E.Â
Emergency conditions. Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health, welfare or safety, he may issue an order to correct by service of notice as set forth in Subsection D above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, and, upon objection, in writing, to the enforcement officer, any such person shall be afforded a hearing before the Township Committee at the next scheduled regular meeting. After such a hearing and decision by the Township Committee as to the existence or nonexistence of the emergency condition, the Township Committee may continue such order in effect or modify or withdraw it, subject to the issuance of a summons or complaint for violation thereof if such order is continued.
In all cases where any brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris are removed
from any lands by the Township under the provisions of this chapter,
the municipal officers of the municipality in charge of the removal
of said material shall certify the cost thereof to the Township Committee.
Upon receipt of this certificate of cost, the Township Committee shall
examine the same and, if found correct, shall cause the cost as shown
thereon to be charged against the property from which said material
was removed. The amount so charged shall become a lien upon such lands
and shall be added to and become part of the taxes next to be assessed
and levied upon said lands. Said lien shall bear the same interest
rate as taxes and shall be collected and enforced by the officers
of the municipality in the same manner as taxes.
A.Â
Any person or entity who shall violate any of the provisions of this
chapter or any order promulgated hereunder shall, after a summons
is issued under the terms hereof, be punished as follows:
B.Â
For the purposes of this section, each and every calendar day on
which a violation exists may be considered to be a separate and distinct
violation.
Nothing contained in this chapter, or any requirement of compliance
herewith, shall be deemed to alter, impair or affect the application
of the Zoning Ordinance or zoning laws of the municipality.
