[HISTORY: Adopted by the Township Committee of the Township of Hazlet 3-16-1982 by Ord. No. 555-82 as Sec. 12-3 of the 1982 Revised General Ordinances (Ch. 253 of the 1993 Code). Amendments noted where applicable.]
Uniform construction codes — See Ch. 172.
[Amended 9-20-1988 by Ord. No. 716-88; 9-17-1996 by Ord. No. 1034-96; 6-19-2001 by Ord. No. 1179-01]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the 2006 International Property Maintenance Code, and any subsequent amendments thereto, as published by the International Code Council, is hereby accepted, adopted and established as the standard to be used as a guide in determining whether buildings and structures in the Township are safe, sanitary and fit for human occupancy, habitation, rental and use. This chapter shall serve to protect the public health, safety and welfare and shall serve to preserve property values by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential properties. A copy of the 2006 International Property Maintenance Code is annexed to and made a part of this chapter without the text being included herein.
[Added 6-19-2001 by Ord. No. 1179-01]
As used in this chapter, the following terms shall have the meanings indicated:
- EXTERIOR OF PREMISES
- Those portions of a building or structure which are exposed to public view or which are visible from adjoining or adjacent lots, including, but not limited to, all outside surfaces and appurtenances thereto and the open land space of any premises outside of any building or structure erected thereon.
- A. Any and all public or private conditions that would constitute a nuisance according to the statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Township of Hazlet.
- B. Any and all physical conditions existing in or on the exterior of any premises which are potentially dangerous, detrimental or hazardous to the life, health, or safety of persons on, near or passing within the proximity of any premises where the above-referenced condition(s) exist.
- REFUSE or RUBBISH
- Any and all discarded, useless, unusable, combustible and noncombustible waste materials, including, but not limited to, garbage, trash, ashes, paper, paper goods and products, wrappings, cans, bottles, containers, yard clippings, garden waste, debris, junk, glass, boxes, crockery, wood, plastic, rubber, furniture, appliances, bedding, scrap lumber, scrap metal, construction materials, inoperative machinery or parts, abandoned, inoperative or unusable automobiles and vehicles, and medical waste of any kind.
[Added 6-19-2001 by Ord. No. 1179-01]
Enforcement Officer. The Construction Code Official or Code Enforcement Officer of the Township of Hazlet or any of their official designees may enforce this chapter.
Enforcement procedure. Whenever an enforcement officer determines that there is a violation of any provision of this chapter, said enforcement officer shall give notice of such violation to the person, persons or entity(ies) responsible therefor under this chapter. 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 registered or certified mail, return receipt requested, to the last known address of the person, persons or entity(ies) upon which the same is served, as shown by the most recent tax records; or, a copy thereof is handed to the responsible person, persons or entity(ies). Said notice shall also state that unless the violation is abated, removed, cured, prevented or desisted within 10 days of the date of service of such notice, a summons shall be issued for such violation. The enforcement officer may extend the period of compliance if, in said enforcement officer's judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot be reasonably affected within the ten-day period.
Emergency situations. Whenever an enforcement officer finds that an emergency condition which is in violation of this chapter exists, and which requires immediate attention in order to protect the public health or safety, the enforcement officer may issue an order by service of notice as set forth in Subsection B 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 address that emergency.
[Added 9-20-1988 by Ord. No. 716-88; 9-17-1996 by Ord. No. 1034-96]
The 2006 International Property Maintenance Code is amended and revised as follows:
Section 101: insert: "the Township of Hazlet."
Section 106.4: insert: "$200 and "$2,000" for minimum and maximum fines.
Section 106.4: insert: "90 days" for maximum term of imprisonment.
Delete Section 111 inclusive.
[Amended 9-20-1988 by Ord. No. 716-88; 9-17-1996 by Ord. No. 1034-96]
Three copies of the 2006 International Property Maintenance Code have been placed on file in the office of the Clerk and will remain on file there for the use of and examination by the public.
[Amended 6-19-2001 by Ord. No. 1179-01]
Except as provided for herein, the Construction Code Official and/or the Code Enforcement Officer shall be the officer to exercise the powers prescribed by this code. The Construction Code Official and/or the Code Enforcement Officer shall serve in such capacity without any additional salary.
[Added 6-19-2001 by Ord. No. 1179-01]
It shall be the responsibility of every property owner to maintain in a safe and orderly condition, in accordance with the standards and regulations established herein, all property in the Township of Hazlet which they own, use, and occupy, or, for which they have ownership, usage, occupancy and/or maintenance responsibilities.
[Added 6-19-2001 by Ord. No. 1179-01]
The following standards and regulations shall be applied to all property within the Township of Hazlet:
Vacant lots. All grass, weeds and similar growth shall be cut between the sidewalk and the curb for a minimum distance of six feet behind the sidewalk. On properties where there are no sidewalks, then this type of growth shall be cut a minimum of six feet behind the face of the curb or the edge of the street pavement where no curbs exist. The grass, weeds and similar growth shall be cut so as not to exceed six inches in height.
Lots on which structures exist. All grass, weeds and other similar growth shall be cut from the curbline or the edge of the pavement when there is no curb, to the rear property line and from side property line to side property line so that the grass, weeds or other similar growth shall not exceed six inches in height.
The exterior of all premises shall be kept free of the following:
Refuse or rubbish as herein defined except:
Garbage and refuse stored for regular scheduled pickup according to the Hazlet Township Code;
Compost piles which comply with the following standards:
Each compost pile shall not exceed four feet in height, width and length. If a compost pile shall consist of "bins" to facilitate turning of the compost material, it shall be limited to two such bins, each of which shall not exceed four feet in height, width and length;
Each lot shall be limited to one compost pile;
All compost piles must be at least five feet from all property lines and at no time can it be located in the front yard;
Only vegetative yard waste (e.g., leaves, grass clippings, vegetative garden debris) and vegetative kitchen waste (e.g., fruit and vegetable scraps) shall be composted. No animal waste (e.g., meat, bones, fat, daily pet wastes) shall be composted; and
None of the foregoing standards shall apply to compost piles maintained for agricultural purposes on property, which is qualified pursuant to the Farmland Assessment Act (N.J.S.A. 54:4-23.1 et seq.) and is actively used for agricultural purposes.
Abandoned, uncovered or structurally unsound wells, shafts, towers and cellar openings, foundations, excavations or holes.
Abandoned iceboxes, refrigerators, boilers, hot water heaters, toilets, television sets and other similar appliances, except for 24 hours prior to pickup or disposal by authorized haulers or, by regularly scheduled garbage and trash pickups made according to schedule to be determined by the Township of Hazlet.
Stagnant surface or ponding groundwater accumulation, which is not associated with natural occurrences or man-made lakes or ponds.
Nuisances as defined herein.
Vehicles or parts thereof, including, but not limited to, boats and trailers, authorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are to have been junked, abandoned or dismantled.
Notwithstanding the foregoing provision, in a residential zone, any currently unregistered motor vehicle shall not be parked outside on any property for more than 30 days and at no time shall any vehicle be in any state of major disassembly, disrepair or in the process of being stripped or dismantled. Nothing herein shall prevent ordinary repairs or maintenance of any vehicle by the residents of the property.
Notwithstanding the foregoing provision, in other than a residential zone, any currently unregistered motor vehicle shall not be permitted on any property in any business, commercial or industrial zone for more than 30 days and at no time shall any vehicle be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. At no time shall any vehicle undergo major overhauling, including body work, outside on any property in a business, commercial or industrial zone, except at an approved automobile establishment.
Any accumulation of unused articles whether named or unnamed herein, for the purpose of salvage, refuse, sale or collection, unless same is enclosed in a structure with four sides and a roof. Any such structure must comply with all ordinances, including, but not limited to, the Development Review Ordinance and any and all building and zoning codes of the Township of Hazlet.
Editor's Note: The Development Review Ordinance is on file in the Township offices.
The accumulation of dirt, silt, branches, leaves or other debris conveyed by ground water or surface runoff onto public or private roads, highways or neighbors' property shall be prohibited.
Exterior of premises. The exterior of every structure or accessory structure not inherently resistant to decay shall be maintained in good repair and all surfaces shall be kept painted or otherwise provided with a protective coating sufficient to prevent structural deterioration and to maintain its appearance. They shall be maintained free from broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions indicative of deterioration or inadequate maintenance so that the property may be preserved, safety and fire hazards are eliminated, adjoining properties and neighborhoods protected from like conditions and property values preserved.
The Construction Code Official shall be authorized and empowered to make and adopt such written rules and regulations as he or she may deem necessary for the proper enforcement of the provisions of this code; provided, however, that such rules and regulations shall not be in conflict with the provisions of this code, nor in anywise alter, amend or supersede any of the provisions thereof. The Construction Code Official shall file a certified copy of all rules and regulations which he or she may adopt in his or her office and in the office of the Township Clerk.
Editor's Note: Former Sec. 12-3.6, Inspection, and Sec. 12-3.7, Right of Inspection, both which immediately followed this section, were repealed 9-20-1988 by Ord. No. 716-88.
Whenever the Construction Code Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this code or of any rule or regulation adopted pursuant thereto, he or she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
Be put in writing.
Include a statement of the reasons why it is being issued.
Allow a reasonable time for the performance of any act it requires.
Be served upon the owner or his or her agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant, if a copy thereof is served upon him or her personally, if a copy thereof is sent by registered mail to his or her last known address, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he or she is served with such notice by any other method authorized or required under the laws of this state.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this code and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Township Committee, provided that such person shall file in the office of the Township Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day notice was served. Upon receipt of such petition, the Township Clerk shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Township Clerk may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his or her judgment, the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Township Committee shall sustain, modify or withdraw the notice, depending upon the finding as to whether the provisions of this code and of the rules and regulations adopted pursuant thereto have been complied with. If the Township Committee sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Township Clerk within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision of the Township Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Township Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Township Committee may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Whenever the Construction Code Official finds that an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Township Clerk, shall be afforded a hearing as soon as possible. After such hearing, depending upon his or her findings as to whether the provisions of this code and of the rules and regulations adopted pursuant thereto have been complied with, the Township Committee shall continue such order in effect, modify it or revoke it.
Editor's Note: Original Sec. 12-3.14, Penalty, which immediately followed this subsection, was deleted 9-21-1993 by Ord. No. 923-93.
If any provision or portion of a provision of this chapter is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated.
All ordinances or parts of ordinances which are inconsistent with any provisions of this chapter are hereby repealed as to the extent of such inconsistencies; however in any case whereby inconsistencies contained in any amendments to this chapter are inconsistent with the provisions of N.J.S.A. 40:49-5.1, the 2006 International Property Maintenance Code, the provisions of N.J.S.A. 40:49-5.1, the 2006 International Property Maintenance Code, shall prevail and control.