Township of Little Egg Harbor, NJ Property Maintenance Standards

The International Property Maintenance Code, First Edition, 1998, is amended, revised, and supplemented as follows:

Section 101.1 shall be amended to provide as follows: "These regulations shall be known as the Property Maintenance Code of the Township of Little Egg Harbor, hereinafter referred to as "'this code.'"

(2)

Section 102.3 shall be deleted and in its place the following shall be inserted: "Repairs, additions, or alterations to a structure shall be performed in accordance with the provisions and procedures of the New Jersey Uniform Construction Codes and any pertinent subcodes. Nothing contained herein shall be construed to cancel, modify or set aside any provision of the municipal land use ordinances."

(3)

The caption of Section 103 shall be retitled to read as follows: "Section 103, Office of Code Enforcement."

(4)

Section 103.1 shall be deleted and in its place the following shall be inserted: "The Office of Code Enforcement is hereby established within the Department of Community Development and Planning, and the official in charge thereof shall be the Code Enforcement Officer, known interchangeably throughout this code as the 'code official.' The Code Enforcement Officer shall be directly accountable for the performance of his or her powers and duties to the Director of the Department of Community Development and Planning. In addition, the Zoning Officer, Construction Official, subcode officials, and Building Inspectors shall also have the powers and duties of a code official for purposes of enforcing the requirements of this code."

(5)

Section 103.2 shall be deleted and in its place the following shall be inserted: "The code official shall be appointed and removed in accordance with the civil service system appointment procedures of the New Jersey Department of Personnel and the Township of Little Egg Harbor."

(6)

Section 103.3 is deleted and its place the following shall be inserted: "The appointing authority may hire additional assistant or deputy code enforcement officers, inspectors and other employees to aid the Code Enforcement Officer in the performance of his or her powers and duties."

(7)

Section 103.4 shall be amended so as to delete the phrase "except one whose only connection is that of a member of the board of appeals established under the provisions of Section 111," and to substitute the word "office" for the word "department."

(8)

Sections 103.5 and 103.6 shall be deleted in their entirety.

(9)

Section 104.2 shall be deleted and in its place the following shall be inserted: "Under the direction of the Director of the Department of Community Development and Planning, the code official shall have the authority to promulgate reasonable procedures for the fair and efficient interpretation and implementation of the provisions of this code."

(10)

The subtitle of Section 104.7 shall be amended to read as follows: "Office records" and the word "department" in the first sentence of this section shall be replaced with the word "Office."

(11)

Section 105.1 is amended so that the word "department" contained in the last sentence thereof is replaced with the word "office."

(12)

Section 107.4 shall be deleted and in its place the following shall be inserted: "Except as otherwise provided for elsewhere in this code, any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction therefor, be punished by a fine of not less than $200 for a first offense; a fine of not more than $500, community service, or both, for a second offense; and a fine of not more than $1,250, community service, imprisonment for a term not to exceed 90 days, or any combination thereof, for a third offense as determined in the discretion of the Judge of the Municipal Court. Any additional offenses subsequent to the third offense shall be treated as a third offense for sentencing purposes. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense."

[Amended 9-8-2016 by Ord. No. 2016-07; 10-13-2016 by Ord. No. 2016-09]

(13)

Section 107.5 shall be deleted and in its place the following shall be inserted: "It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or a notice of violation to sell, transfer, mortgage, lease or otherwise dispose of the dwelling unit or structure until the provisions of the compliance order or notice of violation have been complied with; or until the owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting responsibility without condition for making the corrections or repairs required by the compliance order or notice of violation."

(14)

Section 108.1 shall be amended to add the words "or damaged" after the word "unsafe."

(15)

Section 108.1.3 shall be deleted and in its place the following shall be inserted: "A structure is unfit for human habitation or occupancy or use whenever conditions exist in or about the structure which are dangerous or injurious to the health or safety of the occupants of such structure, the occupants of neighboring structures, or other residents of the municipality. Such conditions are deemed to exist whenever the code official finds that such structure, or parts thereof, have come into a state of disrepair through neglect, dilapidation, lack of maintenance or use, fire, accident or other calamities, or through any other act rendering the structure, or parts thereof, unsafe, unlawful, structurally defective, unsanitary, vermin or rat infested; or whenever the code official finds that the structure contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code; or whenever the code official finds that the structure does not comply with the requirements of the building code or the certificate of occupancy."

(16)

Insert a new section numbered Section 108.1.5 entitled "Damaged structures," to provide as follows: "Any structure, or parts thereof, which have been damaged to such an extent that nothing remains but the walls, or parts of the walls and other supports, shall, regardless of the safety and sturdiness of those remaining walls or parts thereof, be deemed inimical to the welfare of the residents of the municipality and may be repaired or demolished in accordance with the provisions of this code."

(17)

Section 109.5 is amended to add the following sentence at the end of the paragraph: "In accordance with N.J.S.A. 40:48-2.9, any action taken by the code official using revenues derived from the local property tax shall be taken only after the code official complies with the requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) unless the action is necessary to prevent imminent danger to life, limb or property."

(18)

Section 110.3 shall be deleted and in its place the following shall be inserted: "If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official, acting as a public authority in accordance with N.J.S.A. 40:48-2.4(c), shall cause the structure to be demolished and removed by filing a petition with the Chairperson of the Little Egg Harbor Township Board of Health in accordance with the procedure set forth in Chapter 148, Buildings, Unfit, of the Municipal Code."

(19)

Section 110.4 shall be deleted in its entirety.

(20)

Section 111.1 shall be amended to delete the number "20" in the first sentence thereof and to replace same with the number "5."

(21)

Sections 111.2, 111.2.1, 111.2.2, 111.2.3, 111.2.4 and 111.2.5 shall be deleted.

[Amended 9-8-2016 by Ord. No. 2016-07]

(22)

Section 111.3 shall be deleted.

[Amended 9-8-2016 by Ord. No. 2016-07]

(23)

Sections 111.4, 111.4.1, 111.5, 111.6, 111.6.1, and 111.6.2 shall be deleted in their entirety.

[Amended 9-8-2016 by Ord. No. 2016-07]

(24)

Section 111.7 shall be deleted in its entirety.

(25)

Section 201 is amended to include a new subsection numbered "201.6" and entitled "Mandatory and permissive meaning of words" and shall provide as follows: "The word 'shall' is mandatory and shall be applied both retroactively and prospectively. The word 'may' is permissive."

(26)

Section 202 is amended to include the following definition in its appropriate alphabetical other within this section:

BUILDING. Any building, structure or part thereof, whether used for human occupancy or otherwise, including any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.

(27)

Section 202 is amended so as to delete the following definitions and to replace them with the following substituted definitions:

	Replace existing definition of “garbage” with:
	GARBAGE. Animal, vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.
	Replace existing “Rubbish” with:
	RUBBISH. Combustible and noncombustible waste materials, except garbage, such as but not limited to paper, wrappings, cigarettes, cartons, boxes, rags, excelsior, cardboard, rubber, leather, aluminum or tin cans, yard clippings, leaves, wood, glass, household bedding, metals, mineral matter, glass, crockery and dust, or other similar materials. Rubbish shall not include yard clippings or leaves which are part of a maintained compost pile.

(28)

Section 302.2 shall be amended to add the following sentence: "All roof gutters and pipes shall be maintained to direct the flow of water toward the street line or approved water retention areas and away from abutting or adjacent public or private properties."

(29)

Section 302.3 shall be deleted in its entirety and in its place the following shall be inserted:

	302.3 Sidewalks and driveways. All walkways, stairs, driveways, parking spaces and similar areas shall be kept in a good condition and maintained free from hazardous conditions. Stairs shall comply with the requirements of Sections 303.10 and 702.9. Sidewalks and curbs shall be specifically subject to the following requirements.
	302.3.1 Duty of owner. In accordance with N.J.S.A. 40:65-1 et seq., the owner or owners of any premises in the municipality abutting a sidewalk or curb shall be responsible for the construction and reconstruction, paving and repaving, curbing and recurbing, maintaining, repairing and improving of the sidewalks and curbs of the streets and highways of the municipality wholly at the cost of the owner or owners. All new sidewalks and curbs constructed by an abutting owner shall be constructed in accordance with the line and grade established in plans approved by the appropriate approving agency or the municipal engineer. All old and existing sidewalks and curbs shall be reconstructed or repaired in accordance with the existing line and grade unless such line and grade is changed by the Municipal Engineer. It shall be the responsibility of the abutting owner or owners in all instances to make inquiry of the Municipal Engineer respecting such line and grade prior to making the improvement.
	302.3.2 Removal of grass, weeds, snow and ice from sidewalks and gutters. The owner or owners of any premises in the municipality abutting a sidewalk or curb of the streets and highways of the municipality shall be responsible for removing all snow and ice from the abutting sidewalks and gutters within 12 hours of daylight after the same shall fall or be formed thereon, and all grass, weeds and impediments therefrom within three days after notice to remove same, notwithstanding any other notice provisions contained in this code to the contrary, and for removing all grass, weeds, and impediments from the portion of any street or highway abutting such lands.
	302.3.3 Standard. Sidewalks and curbs shall be kept in good condition and maintained free from hazardous conditions so that they are not permitted to become unfit or unsafe to walk upon or use. Sidewalks and curbs shall be constructed, reconstructed, paved, repaved, curbed, recurbed, and repaired in accordance with specifications adopted by the Municipal Engineer.
	302.3.4 Failure to maintain or repair. In the event the abutting owner or owners shall fail to construct or reconstruct, pave or repave, curb or recurb, maintain, repair or improve such part of the abutting sidewalks and curbs which require such repair, maintenance or similar action, or shall fail to remove all snow and ice, or all grass, weeds and impediments as required herein, the municipality may cause said work to be performed and the cost thereof to be assessed as a lien against the property in accordance with the provisions of N.J.S.A. 40:65-1 et seq.
	302.3.5 Service not to constitute acceptance of sidewalks, curbs, or streets. The provision of any of these services or the performance of any of this work, as set forth in Section 302.3 et seq. hereof, by the municipality shall not constitute acceptance by the municipality of any sidewalk, curb or street not otherwise properly and legally dedicated to the municipality. Such services and work, if provided or performed at all, shall only constitute a courtesy.

(30)

Section 302.4 shall be amended to be entitled "Weeds and brush," to number the existing paragraph as "302.4.1," and to add the following sections:

[Amended 9-8-2011 by Ord. No. 2011-09; 9-8-2016 by Ord. No. 2016-07]

	302.4.2 Removal of brush, weeds, brush, etc. The owner of a dwelling or lands lying within the limits of Little Egg Harbor Township, where the code official deems it necessary and expedient for the preservation of the public health, safety, and general welfare or to eliminate a fire hazard, shall remove from such dwelling or lands or destroy brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris within 10 days after receiving notice to remove or destroy the same notwithstanding any other notice provisions contained in this chapter to the contrary.
	302.4.3 Brush and hedges near roadways and intersections. The owner of lands lying within the limits of Little Egg Harbor Township, where the code official deems it necessary and expedient for the preservation of the public health, safety, and general welfare, shall keep all brush, hedges and other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet within 10 days after receiving notice to cut the same notwithstanding any other notice provisions contained in this chapter to the contrary.
	302.4.4 Abatement by municipality and costs as lien. In cases where the owner shall have refused, neglected or failed to abate any violation of Section 302.4 et seq. hereof, the municipality may abate the violation by or under the direction of the code official. These costs shall become a lien against the dwelling or lands in accordance with the lien procedure established by N.J.S.A. 40:48-2.14 and N.J.S.A. 40:48-2.27, respectively. Fees and costs shall be assessed in accordance with the following rate schedule:

	Labor: $25 per hour per laborer
	Public Works vehicle fee: $65 per hour
	Heavy-duty tree and brush removal equipment fee: $50 per hour
	Loader/backhoe equipment fee: $95 per hour
	All other mechanical equipment fee: $30 per hour
	Administrative fee: $100
	Any disposal fees associated with landfill, recycling center, or hazardous waste will be assessed at the current rate charged by such facility.
	Any fee charged by a contractor for work performed on behalf of the Township for the abatement of any violation of Section 302.4 et seq.

(31)

Section 302.8 shall be deleted in its entirety and in its place the following shall be inserted:



	302.8 Motor vehicles, boats and watercraft.
	302.8.1 Excepting owners of business establishments that are duly licensed and permitted as automobile junkyard facilities in accordance with the municipal land use and zoning ordinances, no property owner shall park, keep, or store nor allow to be parked, kept or stored on any premises more than one unregistered or uninspected motor vehicle nor, alternatively, more than one motor vehicle which is incapable of operating under its own power for purposes of transporting passengers regardless of whether or not the motor vehicle is registered or inspected.
	302.8.2 When any motor vehicle is parked, kept or stored in a state of disassembly, disrepair, or is in the process of being stripped or dismantled as part of a major overhaul, the motor vehicle shall be, at all times when no mechanical or body work is being performed, completely covered by a tarp or other covering or otherwise garaged.
	302.8.3 Except upon a duly permitted marina or marine repair facility, no property owner shall park, keep or store nor allow to be parked, kept or stored upon any premises more than one boat or watercraft which is unregistered nor, alternatively, more than one boat or watercraft which is incapable of operating under its own power for purposes of transporting passengers upon the waterways within the municipality regardless of whether or not the boat or watercraft is registered.
	302.8.4 When any boat or watercraft is parked, kept or stored in a state of disassembly, disrepair, or is in the process of being stripped or dismantled as part of a major overhaul, the boat or watercraft shall be, at all times when no mechanical or other work is being performed, completely covered by a tarp or other covering or otherwise enclosed in a structure approved for that purpose.
	302.8.5 Any boat or watercraft which sinks, is unseaworthy or otherwise becomes a hazard to navigation within any waterway within the municipality shall be deemed a public nuisance and shall be removed by the owner thereof upon notice as provided for in this code unless the code official deems the hazard to be an imminent hazard to life, health or property. Should the owner of the boat or watercraft not remove the hazard as prescribed by the code official within 72 hours' notice notwithstanding any other notice provisions contained in this chapter to the contrary, the code official may take appropriate steps, with the approval of the Township Administrator, to cause the hazard to be removed and to charge the cost thereof to the owner of the boat or watercraft. The Municipal Attorney, upon the request of and under the direction of the Township Administrator, shall take necessary and appropriate steps to recover the municipality's costs of abating the hazard.

(32)

Section 303.3 shall be deleted in its entirety and in its place the following shall be inserted:

303.3 911 Locatable mailing address system. The code official shall have authority to enforce the provisions of Chapter 145 of the Code of Little Egg Harbor Township, entitled "Buildings, Numbering of."

(33)

Section 303.15 is amended to insert "May 1st" to "September 30th" where indicated.

(34)

Section 305.3.2 is amended to add the following new sentences: "All garbage, rubbish, refuse, trash and solid waste shall be disposed of in a clean and sanitary manner by placing same in household or commercial-strength disposal bags in covered containers from five gallons to 32 gallons in size. Disposal bags shall be leakproof and shall not be capable of absorbing liquids."

(35)

Section 305.3 is amended to add the following new section:[1]

305.3.3 Pickup times. Containers shall be placed curbside or street side for pickup no sooner than 6:00 p.m. on the evening prior to the date of scheduled collection for the zone where such building, structure or premises is located and no later than 6:00 a.m. on the scheduled date.

[1]

Editor's Note: See § 374-1R for similar regulations.

(36)

Section 404.4.1 is hereby reserved and shall not take affect until January 1, 2001.

(37)

Section 404.4.4 is deleted in its entirety and in its place the following shall be inserted:

404.4.4 Prohibited occupancy. Kitchens, laundry rooms, bathrooms, closets, cabinets, and other nonhabitable spaces and interior public areas shall not be occupied for sleeping purposes.

(38)

Section 507.1 is amended to add the following sentence: "Stormwater discharge shall be designed and shall function in a manner which does not permit stormwater or storm-related debris to cross or accumulate upon any adjoining properties without the consent of the adjoining owners.

(39)

Section 602.3 is amended to insert "October 1st" to "April 30th" where indicated.

(40)

Section 602.4 is amended to insert "October 1st" to "April 30th" where indicated.