[Adopted 3-14-1985 by Ord. No. 3-85 (Ch.
113 of the 1981 Code)]
[Amended 4-23-2020 by Ord. No. 2020-4]
A.
A certain document, three copies of which are on file in the Township
of Marlboro, being marked and designated as the "International Property
Maintenance Code, 2018 Edition," as published by the International
Code Council (ICC), 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 "International
Property Maintenance Code, 2018 Edition," are hereby referred to,
adopted and made a part thereof as if fully set out in this chapter.
B.
In every case where any newly published addition, modifications or
changes in the "International Property Maintenance Code, 2018 Edition"
as published by the International Code Council (ICC), are made, any
such newly published edition, 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.
[Amended 9-20-2007 by Ord. No. 2007-19; 12-17-2007 by Ord. No.
2007-25; 4-23-2020 by Ord. No. 2020-4]
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 Property 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.
Housing inspectors performing the CCO inspection are authorized to
sign the certificate of smoke detector, carbon monoxide alarm and
portable fire extinguisher compliance per N.J.A.C. 5:70-2.3(a)1. No
certificate of continued occupancy shall be issued by the Township
until a certificate of smoke detector, carbon monoxide alarm and portable
fire extinguisher compliance has been issued.
D.
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.
(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.
E.
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.
[Amended 11-13-1997 by Ord. No. 27-97; 2-17-2011 by Ord. No.
2011-1; 2-12-2015 by Ord. No. 2015-1; 2-25-2016 by Ord. No. 2016-4]
A.
Certificates for apartment: $100.
B.
Certificate for a single-family dwelling unit: $125.
C.
Certificate for commercial property: $100.
D.
Reinspection: $75.
E.
Certificate of Fire Code status for commercial property: $35.
F.
Certificate of smoke alarm, carbon monoxide alarm and fire extinguisher
compliance for a one- and two-family dwelling: as per N.J.A.C. 5:70-2.9(d)
fee schedule.
[1]
Editor's Note: Former § 278-4, Temporary certificates
of occupancy, was repealed 4-23-2020 by Ord. No. 2020-4.
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.
Article 3, Section ES-300.3, of the BOCA Basic/National
Existing Structures Code shall be modified to read as follows:
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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.
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[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.
EROSION or ERODE
SEDIMENT
SOIL
STAGNANT WATER
For purposes
of this section, the following terms shall have the meanings set forth
herein:
The detachment, wearing away or movement of soil or rock
fragments by the action of water, wind, ice or gravity.
Soil material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
erosion.
All unconsolidated mineral and organic material of whatever
origin which overlies bedrock and which can be readily excavated.
Rainwater that remains on the surface of a property for more
than two days after the last recorded rainfall.
[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:
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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:
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1.
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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:
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(a)
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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
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(b)
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Whether the conduct is proscribed by a statute,
ordinance or administrative regulation; or
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(c)
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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.
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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.
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2.
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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
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3.
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Any premises which has unsanitary sewerage or
plumbing facilities; or
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4.
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Any premises designated as unsafe for human
habitation or use; or
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5.
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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
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6.
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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
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7.
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Any premises which is unsanitary, or which is
littered with rubbish or garbage, or which has an uncontrolled growth
of weeds; or
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8.
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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.
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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.
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.
[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.
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.
