[Adopted by Ord. No. 1988-3 (Sec. 131-1 of the 1993 Revised
General Ordinances)]
This article shall be known as the "Property
Maintenance Code of the Township of Delran" and may be referred to
as the "Property Maintenance Code."
A.
The purpose of this code is:
(1)
To protect the public health, safety and welfare by
establishing minimum standards for the maintenance of such premises.
(2)
To fix responsibilities and duties upon owners, operators
and occupants.
(3)
To authorize and establish procedures for the inspection
of properties.
(4)
To fix penalties for the violations of this code.
(5)
To provide for the right to access to permit repairs
when necessary.
B.
This code is hereby declared to be remedial and essential
for the public interest, and it is intended that this code be liberally
construed to effectuate the purpose as stated herein.
The following terms, wherever used herein, shall
have the following meanings, unless a different meaning clearly appears
from the context:
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto and including all signs
and fences, as well as the open land space of any premises which may
be unimproved by any building or structure.
Any public or private condition that would constitute
a nuisance according to the statutes, laws or regulations of the State
of New Jersey, its governmental agencies or the ordinances of the
Township.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of premises where such condition exists.
Any person residing, living or sleeping on or on the premises
or having actual possession, use or occupancy of a dwelling, premises
or rooming unit, or any person or entity in possession of or using
any premises, or part thereof, whether or not the owner thereof, and
regardless of the duration of time of such possession, use or occupancy.
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises, or a part thereof, with
or without the knowledge, consent or authority of the owner.
Any person, persons or entity, who shall have legal or equitable
title in any form whatsoever to any premises, or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building, structure,
or part thereof, as owner or agent of the owner or as a fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purpose of this chapter and
shall have responsibility over the portion of the premises so sublet,
leased or assigned.
[Amended 8-17-2005 by Ord. No. 2005-25]
One or more lots, plots or parcels of and/or rights-of-way,
including the buildings or structures which may exist thereon.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, 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, mineral matter,
plastic, rubber, leather, furniture, household goods, appliances,
bedding, scrap lumber, scrap metal, construction material, inoperable
machinery or parts thereof, garden or farming implements and supplies,
dead or rotting vegetation, tires, abandoned, inoperative or unusable
automobiles and vehicles and solid commercial or industrial waste.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
All premises situate in the Township shall comply
with the provisions of this chapter, whether or not any building or
structure thereon shall have been constructed, altered or repaired
before or after the enactment hereof and irrespective of any permits
or licenses which may have been issued for the use or occupancy of
any building or structure, or for the installation or repair of equipment
or facilities prior to the effective date hereof.
In any case where the provisions of this chapter
impose a higher or stricter standard than set forth in any other ordinance
or regulation of the Township or under the laws or regulations of
the State of New Jersey or any of its agencies, then the standards
as set forth herein shall prevail, but if the provisions of this chapter
impose a lower or lesser standard than any other regulation or ordinance
of the Township or of the laws and regulations of the State of New
Jersey or any of its agencies, then the higher standard contained
in any such other ordinance, regulation or law shall prevail.
Compliance with this chapter shall not constitute
a defense against any violation of any other ordinance of the Township
applicable to any premises, nor shall any one act of compliance constitute
a defense against any subsequent or other violation of this chapter.
Owners, occupants and operators shall all have
the duties and responsibilities prescribed in this chapter, and no
owner, operator or occupant shall be relieved from any such duty and
responsibility, nor be entitled to defend against any charge or violation
thereof, by reason of the fact that another person is also responsible
therefor under this chapter.
Any alterations to buildings, structures or
appurtenances thereto, or changes of use therein, which may be caused
directly or indirectly by the enforcement of this chapter shall comply
with all applicable provisions of the uniform construction code and
any other applicable regulations, ordinance or law of the Township,
county or state.
Nothing contained in this chapter, or any requirement
or compliance herewith, shall be deemed to alter, impair or affect
the application of the land use ordinances of the Township to the
premises in question.
Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the Township, its officers or agencies,
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
In furtherance of the purposes of this chapter,
it shall be the duty and responsibility of the owner, operator or
occupant of premises to comply with any or all of the requirements
and standards of this chapter, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
[Amended by Ord. No. 1995-19]
A.
Scope. The provisions of this chapter shall govern
the minimum conditions for maintenance of all premises. All structures
in the Township shall comply with the conditions herein prescribed
insofar as they are applicable.
B.
Responsibility of owners, occupants and operator.
(1)
All owners, occupants and operators shall have a duty
to keep the premises for which they are responsible under this chapter
structurally sound, in good general repair and sufficiently maintained
so as to prevent and avoid conditions that violate this chapter.
(2)
It shall be a violation of this chapter for a person
to occupy as owner-occupant, or to permit another to occupy or use
premises which do not comply with the requirements of this chapter.
(3)
All premises 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.
C.
Paved areas and driveways. All driveways in the Township shall comply with the provisions of Chapter 306, Street and Sidewalks, of this Township Code. All such driveways shall be kept in good repair, shall be properly maintained and kept free of all litter and debris. In addition, in commercial and industrial areas, all driveways, parking areas, loading areas or other paved areas intended for or used by vehicular traffic shall be paved by bituminous concrete or equivalent surfacing material and shall be kept in good repair and free of all litter and debris.
D.
Traffic safety maintenance. All traffic flow and control
signs, whether painted on pavement or vertical structures, shall be
properly maintained in a functional condition. Bent and leaning sign
poles shall be replaced or straightened. Painted directional and parking
bay strips shall be maintained in a readable condition. Bent and broken
traffic control guardrail and fencing shall be replaced.
E.
Litter and maintenance of solid waste disposal facilities.
All industrial and commercial sites shall be kept free from noticeable
accumulation of paper and solid waste debris. Common refuse storage
areas shall be kept in a clean and repaired state, in full conformance
with the site plan provisions for such facilities.
F.
Insect and rat control. An owner of a structure or
property shall be responsible for the extermination of insects, rats,
vermin or other pests in all exterior and interior areas of the premises.
Whenever infestation exists in the shared or public parts of the premises
of other than a single-family dwelling, extermination shall be the
responsibility of the owner.
G.
Noxious weeds. All areas shall be kept free from weeds
or plant growth which is noxious or detrimental to the public health
and welfare or creates an eyesore.
H.
Trash dumpsters.
(1)
Garbage or trash dumpsters shall not be maintained
in front yards unless permitted by site plan approval from the Planning
Board or Zoning Board of Adjustment for temporary construction or
renovation purposes.
(2)
No person shall dump trash or debris in a private
dumpster of a commercial or industrial business without the express
written consent of the business owner or his designee.
I.
Parking of vehicles.
[Amended 10-5-2005 by Ord. No. 2005-31]
(1)
In residential zone districts and upon all properties used for residential purposes, in whole or in part, parking spaces shall be on paved or gravel driveways, constructed, installed and located pursuant to the provisions of Chapter 355, Zoning, and other applicable codes, rules and regulations of the Township. Parking for motor vehicles on areas other than paved or gravel driveways is prohibited, except for the purpose of temporary emergency or necessity, not to exceed a period of 24 hours.
(2)
In all nonresidential districts and upon all properties used for nonresidential purposes, in whole or in part, parking spaces shall be on paved or gravel driveways, parking areas, or surfaces, constructed, installed and located pursuant to an approved site plan and the provisions of Chapter 355, Zoning, and other applicable codes, rules and regulations of the Township. In no event shall any vehicle be parked in any exterior location other than one approved for parking as indicated by the approved site plan except in the case of a temporary emergency or necessity, not to exceed one twenty-four-hour period in any ninety-day period. No vehicles shall be stored except at an approved vehicle storage facility. Inoperable vehicles, unregistered vehicles, or vehicles awaiting repairs or service shall not remain parked in any exterior location for more than seven consecutive days in any ninety-day period except at a vehicle storage facility specifically approved for such purpose, provided that this prohibition shall not apply to vehicles displayed for sale at a duly approved and licensed new or used vehicle sales facility, provided such vehicles are parked on approved spaces.
J.
Maintenance of existing landscaping. Properties with
landscaping, lawns, hedges and bushes shall be kept from becoming
overgrown and unsightly where exposed to public view and from becoming
a blighting factor for adjoining properties.
K.
Maintaining exterior premises. The exterior of every
structure or accessory structure, including signs and 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 conditions reflective of deterioration or inadequate
maintenance, to the end that the property itself may be preserved,
safety and fire hazards eliminated and adjoining properties and the
Township be protected from blighting influences.
L.
Replacement of sidewalk and curbs shall be the responsibility
of the property owner. In the event that the Township determines to
reconstruct a road and sidewalks and curbs existed prior to the reconstruction,
the Township may replace the sidewalk and curb at the time of reconstruction.
[Added 8-7-2005 by Ord. No. 2005-25]
The exterior of all premises shall be kept free
of the following materials or conditions:
A.
Refuse.
B.
Rubbish.
C.
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
D.
Abandoned iceboxes, refrigerators, heaters, television
sets and other similar major appliances.
E.
Structurally unsafe or unsound buildings, structures
or fences, or parts thereof.
F.
Animal excrement piles or manure piles within 100
feet of a property line.
G.
Buried refuse or rubbish.
H.
Stagnant surface or ground water accumulations which
create, or are likely to create, mosquito or other insect breeding
areas.
I.
Nuisances.
J.
Vehicles, or parts thereof, including boats and trailers, motorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are or have been junked, abandoned, dismantled or are in a state of visible disrepair, contrary to the provisions of Chapter 334, Vehicles, Abandoned.
[Added 8-7-2005 by Ord. No. 2005-25]
K.
Dangerously loose and overhanging objects, including,
but not limited to, dead trees or tree limbs, accumulations of ice
or any object, natural or man-made, which could threaten the health
and safety of persons if caused to fall, or other similar dangerously
loose and overhanging objects which, by reason of their location above
ground level, constitute an actual hazard to persons or vehicles in
the vicinity thereof.
L.
Broken glass or windows, or rotted, missing or substantially
destroyed window frames and sashes, door frames, exterior doors or
other major exterior component parts of buildings or structures.
The provisions of this chapter shall be enforced
by an enforcement officer, as designated by the Mayor, with the assistance
of the Police Department and others, as needed.
A.
Responsibility of owner, occupant and operator. The
owner, occupant and operator of premises abutting or bordering upon
any street in the Township shall remove all snow and ice from the
abutting sidewalks of such streets and from any fire hydrant located
on the property, or in the case of ice which may be so frozen as to
make removal impractical, shall cause the same to be thoroughly covered
with sand or ashes, within 12 hours of daylight after the same shall
fall or form.
B.
Primary responsibility. In case a building is occupied by more than one family or business unit, then the occupant of the first floor thereof shall be required to remove all snow and ice as set forth in Subsection A above.
C.
Depositing snow on streets or sidewalks. No person
shall throw, place or deposit any snow into or upon the sidewalk,
streets or fire hydrants of the Township.
A.
Any person or entity who shall violate any of the
provisions of this chapter, or any order promulgated hereunder, shall,
upon conviction, be punished as follows:
B.
Each violation of any of the provisions of this chapter,
and each day that each such violations shall continue, shall be deemed
to be a separate and distinct offense.
