Borough of Kenilworth, NJ Article I General Provisions and Definitions

§ 150-1 Purpose.

The purpose of this chapter is to protect the public health, safety and general welfare in or upon premises in the Borough of Kenilworth, as hereinafter set forth, by:

A. Establishing minimum maintenance standards for premises in the Borough of Kenilworth.

B. Affixing the responsibilities of owners, tenants, operators and occupants of such premises.

C. Providing for proper notification for violation of this chapter.

D. Providing for collection of costs incurred by the municipality.

E. Providing for penalties for violations of this chapter.

§ 150-2 Definitions.

A. All definitions of the latest editions of the International Property Maintenance Code published by the International Code Council (ICC) and the New Jersey State Uniform Construction Code are incorporated by reference to this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. The following terms, wherever used herein or referred to in this chapter, shall have the meaning assigned to them, unless a different meaning clearly appears from the context:

ABANDONED VEHICLE

Any vehicle, including a trailer, which is without a currently valid license plate and is in either a rusted, wrecked, discarded, dismantled, partially dismantled, inoperative or an abandoned condition.

COMMERCIAL PREMISES

A building or buildings or any part thereof and the lot or tract of land upon which the building or buildings are situated where commercial activity of any kind takes place. Commercial activity shall include but is not limited to gasoline service stations; stores for retail sales; liquor stores, taverns and inns; restaurants, including but not limited to drive-in restaurants, snack bars or hot dog, hamburger or ice cream stands; professional activities, including but not limited to medical, dental, legal, architectural and accounting; personal services, including but not limited to real estate, insurance, barbershops and hairdressers; repair shops of all kinds; and amusements, including but not limited to movies, skating rinks and bowling alleys; whether part of a shopping area or not. Commercial activity shall not include sale of agricultural products produced on the premises.

DEFACE

To cover, mark, write on, paint, color or otherwise mar, disfigure or draw whatsoever on any private property of any nature without the express consent of the owner.

[Added 9-12-2007 by Ord. No. 2007-10]

DETERIORATION

The condition of a building or structure 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.

DWELLING UNIT

A room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

EXPOSED TO PUBLIC VIEW

Any premises, building or structure, or part thereof, which may be lawfully viewed by the public.

EXTERIOR OF THE PREMISES

Open space on the premises outside of any building located thereon.

EXTERMINATION

The control and elimination of insects, rodents and vermin.

GARBAGE

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food. (See also "refuse" and "rubbish.")

GRAFFITI

Any form of inscription, word, figure, marking or design that is marked, etched, scratched, drawn on or painted on any building, structure, fixture or other improvement, whether permanent or temporary, including, by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property, or the owner's authorized agent, which is visible from the private right-of-way.

[Added 9-12-2007 by Ord. No. 2007-10]

HABITABLE ROOMS

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, home laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms or utility rooms. Other rooms or spaces that are not used frequently or for an extended period of time or have less than 50 square feet of interior floor area shall not be considered as "habitable rooms."

HARBORAGE

Any condition, man-made or natural, which affords a breeding or hiding place for rodents, insects or other pests.

INFESTATION

The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard either to the occupants of the premises and/or to surrounding properties and/or residents.

MAINTENANCE

The general upkeep, replacement or mending of existing grounds, structures and appurtenances as are required in the interest of public safety, health and welfare.

MIXED OCCUPANCY

Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses or as a motel.

MULTIPLE DWELLING

Any building or structure and land appurtenant thereto, or any portion thereof, in which three or more units of dwelling space are occupied or intended to be occupied by three or more persons living independently of each other, provided that motels, hotels and boardinghouses are excluded from this definition.

NUISANCE

(1) Any public nuisance recognized in common law or in equity jurisprudence or as provided by the statutes or the State of New Jersey or the ordinances of the Borough of Kenilworth.

(2) Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the exterior of premises or upon an unoccupied lot. Attractive nuisances include but are not limited to abandoned wells, shafts, basements, excavations, abandoned swimming pools, abandoned iceboxes and/or 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.

(3) Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.

(4) Overcrowding of a room with occupants in violation of the State Fire Code.

(5) Inadequate or unsanitary sewage or plumbing facilities in violation of this chapter or the provisions of the State Uniform Construction Code.

(6) Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this chapter.

(7) Fire hazards, which shall include but not be limited to the maintenance and/or storage of combustible materials, the maintenance and/or storage of flammable chemicals and/or the maintenance of an uncontrolled open fire.

(8) Insufficient ventilation or illumination in violation of this chapter.

OCCUPANT

Any person having actual possession of the premises or any part thereof.

OPERATOR

Any person who has charge, care or control of a dwelling or premises or any part thereof, whether with or without the knowledge and consent of the owner.

OWNER

Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without actual possession thereof, or who 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 assigning any part 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.

PARTIES IN INTEREST

All individuals, associations and corporations who have interest of record in a building and any who are in actual possession thereof.

PERSON

Includes all manner of corporations and commercial entities as well as individuals.

PREMISES

A lot, plot or parcel of land, including the buildings or structures thereon.

PUBLIC AUTHORITY

Any officer who is in charge of any department or branch of the government of the Borough of Kenilworth, County of Union or State of New Jersey relating to health, fire, building regulations or to other activities concerning buildings in the municipality.[1]

REFUSE

All putrescible and nonputrescible solid waste (except body waste), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes (See also "garbage" and "rubbish.")

RUBBISH

Nonputrescible solid waste 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. (See also "garbage" and "refuse.")

SHOPPING CENTER

One or more buildings or parts thereof designed or existing as a unit, occupied or to be occupied by one or more businesses for the conduct of retail sales, including parking lots.

STRUCTURE

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. Unless the context clearly requires a different meaning, the word "structure" shall be construed when used herein as though followed by the words " or part or parts thereof and all equipment therein."

[1] Editor's Note: The definition of "public officer," which previously followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 150-15, Enforcement officer.

§ 150-3 Applicability.

Every residential and nonresidential building, structure and lot and the premises or part of the premises on which it is situated in the Borough of Kenilworth, previously or presently used or intended to be used for dwelling, commercial, business, recreational, service, transportation, institutional, religious, charitable, quasi-public, professional, warehousing or industrial occupancy and uses accessory thereto, shall comply with the provisions of this chapter, whether or not any such building or structure or use of the premises shall have been constructed, altered or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which may have been issued for the use or occupancy of such building or for the installation or repair of equipment or facilities prior to the effective date of this chapter. Vacant lots, lands and premises are also required to comply with the provisions of this chapter.

§ 150-4 Higher standards to prevail.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

In any case where the provisions of this chapter impose a higher or stricter standard than those set forth in any other ordinance or regulation of the Borough of Kenilworth 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. If the provisions of this chapter impose a lower or lesser standard than any other regulation or ordinance of the Borough of Kenilworth or 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. All of the terms and provisions of the International Property Maintenance Code as published by the International Code Council (ICC) are incorporated herein, and, to the extent such terms and provisions impose a higher or stricter standard than the terms contained herein, the terms of the International Property Maintenance Code shall be applied.

§ 150-5 Compliance with other ordinances.

Compliance with this chapter shall not constitute a defense against any violation of any other ordinance of the Borough of Kenilworth applicable to any structure or premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this chapter.

§ 150-6 Responsibilities of owner, operator and occupant to be independent of each other.

Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder nor be entitled to assert as a defense against any charge made against him or them for violation of this chapter the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.

§ 150-7 Applicability of building code.

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 be done in accordance with all applicable sections of the State Uniform Construction Code.

§ 150-8 Applicability of land use regulations.

Nothing contained in this chapter or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Land Use Ordinance or zoning laws of the municipality.[1]

[1] Editor's Note: See Ch. 120, Land Use.

§ 150-9 Existing remedies.

Nothing in this chapter shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary.[1]

[1] Editor's Note: See Ch. 71, Buildings, Unfit.