[Adopted 4-17-1989 by Ord. No. O-19-89[1]]
It is hereby found and declared that there exist
in the Township of Monroe structures used for residential and nonresidential
use which are or may become in the future substandard with respect
to structure, equipment or maintenance, and, further, that such conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Township of Monroe. It is further found and declared that by reason
of lack of maintenance and progressive deterioration, certain properties
have the further effect of creating blighting conditions and initiating
slums, and that if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same,
and that by reason of timely regulations and restrictions, as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
The purpose of this article is to protect the
public health, safety, morals and welfare by establishing minimum
standards governing the maintenance, appearance, conditions and occupancy
of residential and nonresidential premises; to establish minimum standards
governing utilities, facilities and other physical components and
conditions essential to make the aforesaid facilities fit for human
habitation, occupancy and use; to fix certain responsibilities and
duties upon owners and operators, and distinct and separate responsibilities
and duties upon occupants; to authorize and establish procedures for
the inspection of residential and nonresidential premises; to fix
penalties for the violations of this article; and to provide for the
repair, demolition or vacation of premises unfit for human habitation
or occupancy or use.
The following terms, wherever used herein or
referred to in this article, shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context.
All definitions of the BOCA Basic Building Code are hereby incorporated
in this section as well.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any premises or any part thereof or any building or any part
thereof which may be lawfully viewed by the public or any member thereof.
Open space on the premises outside any building thereon.
The control and elimination of insects, rodents and vermin.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms,
utility rooms and other rooms or spaces that are not used frequently
or for an extended period of time or that have less than 50 square
feet of superficial floor area, which shall not be considered as "habitable
rooms."
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
Any public nuisance known at common law or in
equity jurisprudence or as provided by the statutes of the State of
New Jersey or the ordinances of the Township of Monroe.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, on the
premises of a building or upon an unoccupied lot. This includes, but
is not limited to, abandoned wells, shafts, basements, excavations,
abandoned iceboxes, refrigerators, motor vehicles, any structurally
unsound fences or structures, lumber, trash, fences, debris or vegetation
such as poison ivy, oak or sumac which may prove hazardous for inquisitive
minors.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Overcrowding of a room with occupants in violation
of this article.
Insufficient ventilation or illumination in
violation of this article.
Inadequate or unsanitary sewage or plumbing
facilities in violation of this article.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of this article.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Any person who has charge, care or control of a dwelling
or premise or a part thereof, whether with or without the knowledge
and consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling unit, as owner or agent of the owner, or
as executor, executrix, administrator, administratrix, trustee, receiver
or guardian of the estate, or as a mortgagee in possession regardless
of how such possession was obtained. Any person who is a lessee subletting
or reassigning any part or all of any dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
All individuals, associations and corporations who have interests
of record in a building and/or any who are in actual possession thereof.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any officer who is in charge of any department or branch
of the government of the municipality, county or state relating to
health, fire, zoning or building regulations or to other activities
concerning buildings in the municipality.
See § 167-13.
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every residential, nonresidential or mixed occupancy
building and the premises on which it is situated, housed or intended
to be used for dwelling, commercial, business or industrial occupancy
shall comply with the provisions of this article, whether or not such
building shall have been constructed, altered or repaired before or
after the enactment of this article, and irrespective of any permits
or licenses which shall have been issued for the use or occupancy
of the building or premises, for the construction or repair of the
building or for the installation or repair of equipment or facilities
prior to the effective date of this article. This article shall also
apply to mobile home parks.
In any case where the provisions of this article
impose a higher standard than set forth in any other local ordinances
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 article
impose a lower standard than any other local ordinances or the laws
of the State of New Jersey, then the higher standard contained in
any such other ordinance or law shall prevail.
No license or permit or other certification
of compliance with this article shall constitute a defense against
any violation of any local ordinance applicable to any structure or
premises, nor shall any provision herein relieve any owner, operator
or occupant from complying with any such other provision required
by ordinance, statute or law, nor shall it restrain or prohibit any
official of the Township of Monroe from enforcing any such other ordinance,
statute or law.
The exterior of the premises and all structures
thereon shall be kept free of all nuisances and any hazards to the
safety of occupants, pedestrians and other persons utilizing the premises,
and free of unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner or operator. It shall
be the duty of the owner or operator to keep the premises free of
hazards, which include, but are not limited to, the following:
A.
Refuse. Brush, weeds, broken glass, stumps, roots,
obnoxious growths, filth, garbage, trash, refuse and debris.
B.
Natural growth. Dead and dying trees and limbs or
other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, constitute a hazard to persons in the
vicinity thereof. Trees shall be kept pruned and trimmed to prevent
such conditions.
C.
Overhangings. Loose and overhanging objects and accumulations
of ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
D.
Ground surface hazards or unsanitary conditions. Holes,
excavations, breaks, projections, obstructions, icy conditions, uncleared
snow and excretion of pets and other animals on paths, walks, driveways,
parking lots, parking areas and other parts of the premises which
are accessible to and used by persons on the premises. All such holes
and excavations shall be filled and repaired, walks and steps replaced
and other conditions removed where necessary to eliminate hazards
or unsanitary conditions with reasonable dispatch upon their discovery.
This subsection does not apply to single-family dwellings.
E.
Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
F.
Sources of infestation.
G.
Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing imposed
loads safely.
H.
Chimneys and all flue and vent attachments thereto.
Chimneys and all flue and vent attachments thereto shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed. Chimneys,
flues, gas vents or other draft-producing equipment shall be structurally
safe, durable, smoketight and capable of withstanding the action of
flue gases.
I.
Exterior porches, landings, balconies, stairs and
fire escapes. Exterior porches, landings, balconies, stairs and fire
escapes shall be provided with banisters or railings properly designed
and maintained to minimize the hazard of falling, and the same shall
be kept structurally sound, in good repair and free from defects.
[Added 4-11-2000 by Ord. No. O-10-2000; amended 9-12-2000 by Ord. No. O-33-2000]
A.
All individuals and/or entities, whether utilizing
municipal or well water, shall be required, upon the installation
of a permanent irrigation or sprinkler system, to include in said
system a rain switch and bypass switch.
B.
This section shall only apply to residential and commercial
installation and is not intended to be applicable to agricultural
users.
The exterior of the premises, the exterior of
structures and the conditions of accessory structures shall be maintained
so that the appearance of the premises and structures shall not constitute
a blighting factor for adjoining property owners, including the following:
A.
Storage of commercial and industrial material. Equipment
and materials relating to commercial or industrial uses shall not
be stored or used at a location visible from the sidewalk, street
or other public areas unless permitted under the Zoning Ordinance
for the premises.[1]
B.
Landscaping. Premises with landscaping and lawns,
hedges and bushes shall be kept trimmed and from becoming overgrown
and unsightly where exposed to public view and where the same constitute
a blighting factor depreciating adjoining property.
C.
Reconstructed walls and sidings. Reconstructed walls
and sidings of nonresidential structures shall be of standard quality
and appearance commensurate with the character of the properties in
the same block and on both sides of the street on which the premises
front, such that the materials used will not be of a kind that by
their appearance under prevailing appraisal practice and standards
will depreciate the values of the neighboring and adjoining premises
as aforesaid.
D.
General maintenance. The exterior of every structure
or accessory structure, including fences, shall be maintained in good
repair. The same shall be maintained free of broken glass, loose shingles,
crumbling stone or brick, excessive peeling paint or other condition
reflective of deterioration or inadequate maintenance, to the end
that the property itself may be preserved safely and fire hazards
eliminated and adjoining properties protected from blighting influences.
A.
The outside building walls shall not have any holes,
loose boards or any broken, cracked or damaged finish which admits
rain, cold air, dampness, rodents, insects or vermin.
B.
Every dwelling shall be so maintained as to be weather-
and watertight.
C.
Basements, cellars and crawl spaces shall be free
of moisture resulting from seepage, and cross-ventilation shall be
required where necessary to prevent accumulations of moisture and
dampness, and such areas shall be paved with stone or concrete not
less than four inches thick and shall be maintained at all times in
a condition so as to be smooth, clean and free from cracks, breaks
and other hazards.
D.
All parts of the premises shall be maintained so as
to prevent infestation.
E.
All parts of the dwelling shall be kept in a clean
and sanitary condition, free of nuisance and free from health, safety
and fire hazards.
F.
Every roof, roof gutter, flashing, rainwater conductor
and roof cornice shall be weather- and raintight and shall be kept
in good repair.
Every building covered by this article shall
comply with the minimum requirements for firesafety established by
the BOCA Fire Code, of the most recent edition.[1]
[Amended 8-23-2022 by Ord. No. O:17-2022]
Any commercial change of ownership, tenant change,
change of business name, or change of use as listed on any approval
will require a new certificate of occupancy.
[Amended 4-24-2001 by Ord. No. O-5-2001]
The Construction Code Official is hereby designated
to serve as the public officer hereunder, and all inspections, regulations,
enforcement and hearings on violations of the provisions of this article,
unless expressly stated to the contrary, shall be under his direction
and supervision. He may appoint or designate such other local public
officers or employees to perform duties as may be necessary to the
enforcement of this article, including the making of inspections and
holding of hearings. The Construction Code Official, upon commencement
of his/her employment with the Township of Monroe, shall be required
to possess and maintain at least three licenses. The first mandatory
license that shall be required is that of a Construction Code Official.
The remaining two licenses shall consist of two of any of the following
licenses: building subcode official, building HHS inspector, plumbing
subcode official, plumbing HHS inspector, fire HHS inspector and mechanical
license.
A.
Policy. It is hereby found and declared that the existence
or occupancy of any building or buildings or parts thereof in the
Township of Monroe, which are so old, dilapidated or have become so
out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation or occupancy or use, are inimical to the
welfare and dangerous and injurious to the health and safety of the
people of the Township of Monroe and that a public necessity exists
for the repair, closing or demolition of such building or buildings
or part thereof. It is hereby found that there exists in the Township
of Monroe a building or buildings which are unfit for human habitation
or occupancy or use, due to dilapidation or defects increasing the
hazards of fire, accidents or other calamities, lack of ventilation,
lack of sanitary facilities or due to other conditions rendering such
building or buildings or part thereof unsafe or unsanitary or dangerous
or detrimental to the safety or otherwise inimical to the welfare
of the residents of the Township of Monroe, as to which the Township
of Monroe has the power, pursuant to P.L. 1942, c. 112, as amended
by P.L. 1956, c. 197 (N.J.S.A. 40:48-2.3 et seq.) to exercise its
police powers to repair, close or demolish or cause or require the
repairing, closing or demolition of such building or buildings or
part thereof in the manner herein provided.
B.
Complaint procedure. Whenever a petition is filed
with the Construction Code Official by a public authority or by at
least five residents of the Township of Monroe charging that any building
is unfit for human habitation or occupancy or use, or whenever it
appears to the Construction Code Official, on his own motion, that
any building is unfit for human habitation or occupancy or use, the
Construction Code Official shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such building a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the Construction Code Official, or his
designated agent, at a place therein fixed, not less than 10 days
nor more than 30 days after the serving of said complaint, and that
the owner and parties in interest shall be given the right to file
an answer to the complaint and to appear in person or otherwise give
testimony at the place and time fixed in the complaint, and that the
rules of evidence prevailing in the courts shall not be controlling
in hearings before the Construction Code Official.
C.
Service of order to repair or demolish. If the Construction
Code Official shall determine after such notice and hearing that the
building under consideration is unfit for human habitation or occupancy
or use, he shall state in writing his findings of fact in support
of such determination and shall issue and cause to be served upon
the owner thereof and parties in interest an order as follows:
(1)
Requiring the repair, alteration or improvement of
said building to be made by the owner within a reasonable time, which
time shall be set forth in the order, or, at the option of the owner,
to vacate or have said building vacated and closed within the time
set forth in the order.
(2)
If the building is in such condition as to make it
dangerous to the health and safety of persons on or near the premises
and the owner fails to repair, alter or improve said building within
the time specified in the order, then the owner shall be required
to remove or demolish said building within a reasonable time as specified
in said order of removal.
D.
Appeals. Any person aggrieved by an order issued by
the Construction Code Official pursuant to this article may, within
30 days after the posting and service of such order, avail himself
of such remedies as are set forth in P.L. 1942, c. 112, Section 6,
as amended (N.J.S.A. 40:48-2.8).
E.
Failure to comply with order to remove or demolish.
If the owner fails to comply with an order to remove or demolish the
building, the Construction Code Official may cause such building to
be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor, if necessary.
A.
The amount of the following costs shall be a municipal
lien against the real property upon which such cost was incurred:
(1)
The cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this article determined in favor of the
Township.
(2)
Such cost of such repairs, alterations or improvements,
or vacating and closing, or removal and demolition, if any.
(3)
The balance thereof remaining after deduction of the
sum, if any, realized from the sale of materials derived from such
building or from any contract for removal or demolition thereof.
B.
If the building is removed or demolished by the Construction
Code Official, he may sell the materials of such building. There shall
be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, the
proceeds of any sale of such materials or any sum derived from any
contract for the removal or demolition of the building. If there are
no such credits or if the sum total of such costs exceeds the total
credits, a detailed statement of the aforesaid costs and the amount
so due shall be filed with the Municipal Tax Assessor or other custodian
of the records of tax liens, and a copy thereof shall be forthwith
forwarded to the owner by registered mail. If the total of the credits
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the Construction Code Official, shall be secured
in such manner as may be directed by such court and shall be disbursed
according to the order or judgment of the court to the persons found
to be entitled thereto by final order or judgment of the court. Any
owner or party in interest may, within 30 days from the date of the
filing of the lien certificate, proceed in a summary manner in the
Superior Court to contest the reasonableness of the amount or the
accuracy of the costs set forth in the municipal lien certificate.
C.
If an actual and immediate danger to life is posed
by the threatened collapse of any fire-damaged or other structurally
unsafe building, the Construction Code Official may, after taking
such measures as may be necessary to make such building temporarily
safe, seek a judgment in summary proceedings for the demolition thereof.
D.
Nothing in this section shall be construed to impair
or limit in any way the power of the municipality to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise, nor is anything in this section intended to limit the
authority of the enforcing agency or Construction Code Official under
the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A.
52:27D-119 et seq.), or any rules or regulations adopted thereunder.
Complaints or orders issued by the Construction
Code Official pursuant to this article shall be served upon persons
either personally or by registered mail, but if the whereabouts of
such persons is unknown and the same cannot be ascertained by the
Construction Code Official in the exercise of reasonable diligence,
and the Construction Code Official shall make an affidavit to that
effect, then the serving of such complaint or order upon such persons
may be made by publishing the same once in a newspaper printed and
published in the Township of Monroe, or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
Township. A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order. A copy of
such complaint or order shall be duly recorded or lodged for record
with the County Clerk of the County of Gloucester.
The Construction Code Official is hereby authorized
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this article, including
the following powers in addition to others herein granted:
A.
To investigate the building conditions in the Township
of Monroe in order to determine which buildings therein are unfit
for human habitation or occupancy or use.
B.
To administer oaths or affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
The Construction Code Official shall delegate
and fix the duties of such officers and employees as he deems necessary
to assist him in carrying out the purposes of this article, and he
may delegate any of his functions and powers under this article to
such officers and employees as he may designate.
The Construction Code Official may determine
that a building is unfit for human habitation or occupancy or use
if he finds that conditions exist in such building which are dangerous
or injurious to the health and safety of the occupants of such building,
the occupants of neighboring buildings or other residents of the Township
of Monroe. Such conditions may include the following, without limiting
the generality of the foregoing:
The Township Council shall also, as soon as
possible after the adoption of this article, prepare an estimate of
the annual expenses or costs to provide the equipment, personnel and
supplies necessary for periodic examinations and investigations of
the buildings in the Township of Monroe for the purpose of determining
the fitness of such buildings for human habitation or occupancy or
use and for the enforcement and administration of this article and
may make such appropriations from its revenues as it may deem necessary
for this purpose and may accept grants or donations to assist it in
carrying out the provisions of the article.
Any violation of any ordinance other than this
article discovered in the enforcement of this article shall be reported
to the public officer, who shall refer the alleged violation to the
official or agency responsible for the enforcement of such ordinance.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punished
by a fine of not to exceed $1,000 or by imprisonment in the county
jail for a period of not to exceed 90 days, or by both such fine and
imprisonment, and each violation of any of the provisions of this
article and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
