[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."
The purpose of this code is:
To protect the public health, safety and welfare by establishing minimum standards for the maintenance of such premises.
To fix responsibilities and duties upon owners, operators and occupants.
To authorize and establish procedures for the inspection of properties.
To fix penalties for the violations of this code.
To provide for the right to access to permit repairs when necessary.
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:
- EXTERIOR OF PREMISES
- 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.
- A. 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.
- B. 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.
- REFUSE or RUBBISH
- 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]
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.
Responsibility of owners, occupants and operator.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Parking of vehicles.
[Amended 10-5-2005 by Ord. No. 2005-31]
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.
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.
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.
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.
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:
Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
Abandoned iceboxes, refrigerators, heaters, television sets and other similar major appliances.
Structurally unsafe or unsound buildings, structures or fences, or parts thereof.
Animal excrement piles or manure piles within 100 feet of a property line.
Buried refuse or rubbish.
Stagnant surface or ground water accumulations which create, or are likely to create, mosquito or other insect breeding areas.
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]
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.
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.
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.
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.
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.
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:
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.