[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.]
GENERAL REFERENCES
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][1]
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:
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.
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.
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.
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]
A.
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.
B.
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.
C.
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.
The 2006 International Property Maintenance
Code is amended and revised as follows:
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.[2]
[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:
A.
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.
B.
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.
D.
The exterior of all premises shall be kept free of
the following:
(1)
Refuse or rubbish as herein defined except:
(a)
Garbage and refuse stored for regular scheduled
pickup according to the Hazlet Township Code;
(b)
Compost piles which comply with the following
standards:
[1]
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;
[2]
Each lot shall be limited to one compost pile;
[3]
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;
[5]
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
[6]
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.
(2)
Abandoned, uncovered or structurally unsound wells,
shafts, towers and cellar openings, foundations, excavations or holes.
(3)
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.
(4)
Stagnant surface or ponding groundwater accumulation,
which is not associated with natural occurrences or man-made lakes
or ponds.
(5)
Nuisances as defined herein.
(6)
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.
(a)
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.
(b)
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.
(7)
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[2] and any and all building and zoning codes of the Township
of Hazlet.
[2]
Editor's Note: The Development Review Ordinance is on file
in the Township offices.
E.
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.
F.
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.[1]
[1]
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.
A.
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:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Allow a reasonable time for the performance of any
act it requires.
(4)
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.
B.
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.
A.
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.
B.
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.[1]
[1]
Editor's Note: Original Sec. 12-3.14, Penalty,
which immediately followed this subsection, was deleted 9-21-1993
by Ord. No. 923-93.
A.
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.
B.
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.[1]
