Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 125.
Nuisances — See Ch. 246.
Solid waste services — See Ch. 320.
[Adopted 3-14-1985 by Ord. No. 3-85 (Ch. 113 of the 1981 Code)]

§ 278-1 Adoption of standards.

A. 
A certain document, three copies of which are on file in the Township of Marlboro, being marked and designated as the "Basic/National Existing Structures Code, First Edition, 1984," as published by Building Officials and Code Administrators (BOCA) International, Inc., be and is hereby adopted as the Property Maintenance Code of the Township of Marlboro, County of Monmouth, in the State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations of the Basic/National Existing Structures Code, First Edition, 1984, are hereby referred to, adopted and made a part thereof as if fully set out in this chapter.
B. 
In every case where any modifications or changes in the BOCA Basic/National Existing Structures Code, 1984, as published by the Building Officials and Code Administrators (BOCA) International, Inc., are made, any such modification or change will take precedence over any other provision which is inconsistent therewith, and any such provision shall be considered to be conformed to it.

§ 278-2 Certificates of continued occupancy.

[Amended 9-20-2007 by Ord. No. 2007-19; 12-17-2007 by Ord. No. 2007-25]
A. 
No person shall sell, transfer, lease or rent any structure located within the Township of Marlboro unless a certificate of continued occupancy certifying that said structure is in compliance with all provisions of the current version of the International Housing Maintenance Code adopted by the State of New Jersey and all other applicable ordinances of the Township of Marlboro is issued.
B. 
No certificate of continued occupancy shall be issued by the Township until the Zoning Officer determines that all structures were built in conformance with the applicable ordinances of the Township and the property owner submits to the Zoning and Construction Offices a home improvement form, which form has been approved by the Construction Office, Zoning Office and the Township Administrator.
C. 
All nonconforming structures (structures built without the required permit or approval or built in violation of applicable Township ordinances) that existed on a parcel of property prior to 1990 shall be exempt from the requirement to obtain the requisite permit or approval as required by Township ordinance or applicable law for that structure in order to remain in compliance with the Township’s ordinances and/or in order to obtain a certificate of continued occupancy, provided that:
(1) 
The structure is not being replaced. If such nonconforming structure is being replaced, the replacement structure must comply with the current version of the International Residential Code adopted by the State of New Jersey and all other applicable zoning standards and ordinances of the Township of Marlboro;
(2) 
The structure does not present a threat to public health, safety, or welfare. If the structure presents a threat to public health, safety and welfare, as determined by the Building Inspector or Zoning Officer, the structure must be replaced in conformance with the current version of the International Residential Code adopted by the State of New Jersey and all other applicable zoning standards and ordinances of the Township of Marlboro;
(3) 
The structure is located solely upon the parcel owned by the property owner and does not encroach or trespass onto any parcel owned by a third party; and
(4) 
The property owner submits an affidavit in a form acceptable to the Township attesting that the structure was built prior to 1990 and that the property owner agrees to indemnify and hold the Township of Marlboro, its officers, agents and employees harmless from and on account of any and all incidents and/or damages arising from the structure(s) and/or improvement(s) that were built prior to 1990.
D. 
Any exemption granted under this section for a nonconforming structure built prior to 1990 shall not extend to the requirements under N.J.S.A. 52:27D-119 et seq., and/or N.J.A.C. 5:23-1 et seq.

§ 278-3 Fees for certificate of continued occupancy.

[Amended 11-13-1997 by Ord. No. 27-97]
Application forms for certificates of continued occupancy may be obtained at the office of the Code Enforcement Officer. The following fees shall be charged for certificates of continued occupancy:
A. 
Certificates for apartment: $100.
[Amended 2-25-2016 by Ord. No. 2016-4]
B. 
Certificate for a single-family dwelling unit: $125.
[Amended 2-17-2011 by Ord. No. 2011-1; 2-25-2016 by Ord. No. 2016-4]
C. 
Certificate for commercial property: $100.
[Amended 2-17-2011 by Ord. No. 2011-1]
D. 
Reinspection: $75.
[Amended 2-17-2011 by Ord. No. 2011-1]
E. 
Certificate of Fire Code status for commercial property: $35.
[Added 2-12-2015 by Ord. No. 2015-1]

§ 278-4 Temporary certificates of occupancy.

The Code Officer may, in his discretion, issue a temporary certificate of occupancy upon written application. The Code Officer may issue a temporary certificate of occupancy only in those circumstances where the code deficiencies do not impair the habitability of the structure. Any temporary certificate of occupancy issued pursuant to the terms of this chapter shall expire within 90 days of the date of issuance thereof. Temporary certificates of occupancy are nonrenewable. The Code Officer may not issue a temporary certificate of occupancy for any apartment complex or multifamily dwelling containing more than three apartments or separate habitations.

§ 278-5 Apartment units.

A certificate of occupancy issued for an apartment unit must contain the name of the tenant. It shall be the obligation of the landlord to ensure that upon the reletting of any apartment unit, a certificate of occupancy inspection is ordered and the appropriate fee paid.

§ 278-6 Vacant structures and land.

Article 3, Section ES-300.3, of the BOCA Basic/National Existing Structures Code shall be modified to read as follows:
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition, as provided herein, so as not to cause a blighting problem or adversely affect the public health or safety. All openings must be made secured, doors and/or windows with one-half-inch plywood and paint the same with the same color as the surrounding trim.

§ 278-7 Grading, drainage and erosion.

[Added 8-15-1985 by Ord. No. 28-85; amended 12-4-2008 by Ord. No. 2008-39]
All property in the Township shall be maintained so as to provide proper landscaping, grading and drainage to prevent the stagnation of water or the erosion of soils or sediments onto the public right-of-way.
A. 
For purposes of this section, the following terms shall have the meanings set forth herein:
EROSION or ERODE
The detachment, wearing away or movement of soil or rock fragments by the action of water, wind, ice or gravity.
SEDIMENT
Soil material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by erosion.
SOIL
All unconsolidated mineral and organic material of whatever origin which overlies bedrock and which can be readily excavated.
STAGNANT WATER
Rainwater that remains on the surface of a property for more than two days after the last recorded rainfall.
B. 
It shall be a violation of this article for the owner of any property to allow stagnant water to exist on property in the Township. Violators of this section shall be subject to the fines and penalties set forth in § 278-9, Violations and Penalties.
C. 
It shall be a violation of this article for the owner of any property to allow soil or sediment to erode onto any public right-of-way. Violators of this section shall be subject to the fines and penalties set forth in § 278-9, Violations and Penalties.

§ 278-8 Public nuisance.

[Added 6-24-1993 by Ord. No. 27-93]
Article 2, Section PM-201.0, of the BOCA National Property Maintenance Code, Third Edition (1990), shall be revised to read as follows:
Public nuisance: In addition to the items and/or conditions specified as nuisances to the general public in Chapter 246 of the Code of the Township of Marlboro, a "public nuisance" shall include the following:
1.
The use of any premises, property or parcel of land, or the physical condition thereof, in a manner which constitutes a public nuisance at common law. A public nuisance at common law is an unreasonable interference with the health, safety or property rights of the community, affecting an indefinite number of persons, or all or a significant number of the residents of the community, or all or a significant number of those persons who are situated within the extent of its range or operation, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Circumstances that may sustain a determination that an interference with the health, safety or property rights of the community is unreasonable may include the following:
(a)
Whether the conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort or the public convenience; or
(b)
Whether the conduct is proscribed by a statute, ordinance or administrative regulation; or
(c)
Whether the conduct is of a continuing nature or has produced a permanent or long-lasting effect and, as the actor knows or has reason to know, has a significant effect upon the rights of others.
These circumstances are intended to serve as typical situations which may warrant a determination that an unreasonable interference with the health, safety or property rights of the community has occurred. It is not intended to be construed as an exclusive listing of such circumstances.
2.
Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
3.
Any premises which has unsanitary sewerage or plumbing facilities; or
4.
Any premises designated as unsafe for human habitation or use; or
5.
Any premises which is manifestly capable of being a fire hazard or is manifestly unsafe or insecure as to endanger life, limb or property; or
6.
Any premises from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or
7.
Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or
8.
Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises.

§ 278-9 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof, be subject to the penalties in § 4-3 of the Code. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.

§ 278-10 Restraining actions.

Anyone affected by any such order shall, within 10 days after service of such order, apply to a court of record for an order restraining the Code Official from razing and removing such structure or parts thereof. The court shall determine whether the order of the Code Official is reasonable and, if found reasonable, the court shall dissolve the restraining order, and if found not reasonable, the court shall continue the restraining order or modify it as the circumstances may require.

§ 278-11 Abatement of hazard or nuisance by Township; lien.

[Added 7-26-1992 by Ord. No. 22-92]
In cases where the owner of the affected property has refused or neglected to abate the hazard or nuisance in accordance with the notice of violation and where no restraining order from a court of record pursuant to § 278-8 has been sought or in those circumstances where, in the opinion of the Code Enforcement Officer or Construction Official, there is an imminent public health and safety hazard resulting from the violation of any provision of this chapter or the BOCA Basic/National Existing Structures Code, adopted herein, the Township may, either with Township equipment and labor or by contract with third parties, abate the nuisance, correct the defect or put the premises in proper condition so as to comply with the requirements of the ordinance or BOCA Code provision applicable thereto. Pursuant to N.J.S.A. 40:48-2.12f, the cost of said abatement shall be charged against the premises, and the amount thereof shall become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 278-12 Effect on existing suits or legal rights.

Nothing in this chapter or in the Basic/National Existing Structures Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in the prior section of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Adopted 2-25-1988 by Ord. No. 12-88 (Ch. 48 of the 1981 Code)]

§ 278-13 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper or booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
A. 
Advertises for sale any merchandise, product, commodity or thing;
B. 
Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of, either directly or indirectly, promoting the interest thereof by sales;
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; or
D. 
While containing reading matter, other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
JUNK
Any old, discarded or unused waste, iron or metal or substance, glass, paper, machines, appliances, equipment, business or household furniture or furnishings or any parts or portions thereof or accessories thereof, unregistered motor vehicles which are unfit for highway transportation, unused parts of motor vehicles and any particular material commonly known and generally referred to as "junk" in the ordinary meaning of the word.
LITTER
Garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, in accordance with federal statute or regulation, and a newspaper filed and recorded with any recording officer as provided by law; and, in addition thereto, shall include any periodical or magazine regularly published with not fewer than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper or booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of "commercial handbill" or "newspaper."
PARK
A park, reservation, playground, recreation center or any other public area in the Township devoted to active or passive recreation.
PERSON
Whenever appropriate, includes "corporation," "partnership," "association" and "individual" and shall include the plural. The masculine pronoun shall include and refer to the feminine where necessary.
PRIVATE PROPERTY OR PREMISES
Any dwelling, house, building or structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

§ 278-14 Removal required.

[Amended 9-22-2005 by Ord. No. 2005-43]
A. 
Every owner of any lot, land or place in the Township of Marlboro shall cut, trim or otherwise remove or cause to be cut, trimmed or otherwise removed the following items from said lot, land or place as shall constitute a health hazard, fire hazard, safety or traffic hazard or public nuisance:
(1) 
Deleterious brush, grass, weeds and other uncultivated vegetation;
(2) 
Dead brush, grass and weeds; and
(3) 
Garbage, rubbish and refuse.
B. 
All grass and weeds on any lot, land or place in the Township of Marlboro shall be cut or trimmed and kept under 10 inches in height.

§ 278-15 Notice to owner: noncompliance.

A. 
After it has been determined that a health hazard, fire hazard, safety or traffic hazard or public nuisance exists as a result of the existence of deleterious brush, grass, weeds and other uncultivated vegetation or garbage, rubbish and refuse, the Code Enforcement Officer shall give notice to the owner of such lot, land or place that such condition exists by mailing to such owner a written notice at his last known address.
B. 
A person or corporation upon whom notice has been served to correct these conditions and who for 15 days after service shall neglect or fail to comply with the provisions of any such notice shall be deemed to have violated this chapter.

§ 278-16 Enforcement.

The Code Enforcement Officer or any police officer of the Township of Marlboro is hereby empowered to enforce the provisions of this chapter.

§ 278-17 Violations and penalties.

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Code of the Township of Marlboro, punishable as provided in § 4-3 of the Code.

§ 278-18 Abatement of hazard or nuisance by Township; lien.

[Added 7-26-1992 by Ord. No. 22-92]
In cases where the owner of the affected property has refused or neglected to remove or destroy the deleterious brush, grass, weeds or other uncultivated vegetation or garbage, rubbish and/or refuse within the time period prescribed in the notice of violation or in those circumstances where, in the opinion of the Code Enforcement Officer or any police officer of the Township of Marlboro, there is an imminent public health and safety hazard resulting from the violation, the Township may, in addition to the penalties prescribed in § 278-17, arrange for the abatement of the hazard or nuisance, either with Township equipment and labor or by contract with third parties. Pursuant to N.J.S.A. 40:48-2.14, the officer directing the abatement of the nuisance shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.