This chapter shall be known as the "Property
Maintenance Code of the Township of Montville" and may be referred
to in this chapter in the short form as "this code."
It is hereby found and declared that there exists
or may exist in the future in the Township of Montville buildings
and premises which are or may become substandard with respect to structural
integrity, equipment or maintenance and, further, that such conditions,
including but not limited to structural deterioration; lack of maintenance
and appearance of exterior of premises; 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; and unsanitary conditions,
constitute a menace to the health, safety, morals, welfare and reasonable
comfort of the citizens and inhabitants of the Township of Montville.
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 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 blight may be prevented and the neighborhood and property values
thereby maintained, the desirability and amenities of the properties,
uses and neighborhoods enhanced and the public health, safety and
welfare protected and fostered.
The purpose of this code is to protect the public
health, safety and welfare by establishing minimum standards governing
the maintenance, appearance, condition and occupancy of all premises
situated in the Township; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to making such premises fit for human habitation, occupancy
and use; to fix certain responsibilities and duties upon owners and
operators; to prevent blighting conditions and deterioration of property
values; to authorize and establish procedures for the inspection of
such premises; and to correct violations or to fix penalties for the
violations of this code. This code is hereby declared to be remedial
and essential for the public interest.
A.
Buildings affected by this code. Every building and the premises on which it is situated in the Township shall comply with the provisions of this code, whether or not any building shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any building or premises for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this code. This code establishes minimum standards for the occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises or equipment or facilities contained therein or thereon, except as provided in Subsection B hereof.
B.
Higher standards to prevail in case of conflict with
other ordinances or laws. In any case where the provisions of this
code impose a higher standard than that set forth in any other ordinance
of this Township or law of the State of New Jersey applicable thereto,
then the standards as set forth herein shall prevail; but if the provisions
of this code impose a lesser standard than such other ordinance of
the Township or law of the State of New Jersey, then the higher standard
contained in such other ordinance or law shall prevail.
C.
Issuance and renewal of other permits and licenses.
After the date of enactment hereof, all licenses, permits and certificates
of occupancy relating to such buildings and premises which may be
issued or renewed pursuant to any other ordinance of the Township
may be issued or renewed only upon compliance with this code as well
as compliance with the ordinance under which such licenses and permits
may be granted or renewed.
D.
Enforcement and compliance with other ordinances.
Compliance with this code shall not constitute a defense against the
violation of any provision of any other ordinance of the Township
applicable to any building or premises.
