Township of Montville, NJ Definitions

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

ACCESSORY STRUCTURE

A subordinate building or structure on the same lot with a main building or a portion of the main building, occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.

BASEMENT

A portion of the building partly underground but having less than 1/2 its clear height below the average grade of the adjoining ground. (See "cellar.")

BUILDING

A structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind.

CELLAR

A portion of the building partly underground having 1/2 or more than 1/2 of its clear height below the average grade of the adjoining ground. (See "basement.")

DETERIORATION

The condition or appearance of a building 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.

EXTERIOR OF THE PREMISES

Those portions of a building which are exposed to public view, and the open space of any premises outside any building located thereon.

FIRE HAZARD

Anything or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire; or which may obstruct, delay or hinder or may become the cause of an obstruction, a delay or hazard or a hindrance to the prevention, suppression or extinguishment of fire. (See "nuisance.")

GARBAGE

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

INFESTATION

The presence of insects, rodents, vermin or other pests on the premises, which constitute a health hazard.

NUISANCE

(1)

Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Township of Montville.

(2)

Any attractive nuisance which may prove detrimental to the health or safety of humans, whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences, debris or vegetation such as poison ivy, oak or sumac, all of which may prove a hazard for inquisitive minors.

(3)

Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists.

(4)

Insufficient ventilation or illumination in violation of this code.

(5)

Inadequate or unsanitary sewerage or plumbing facilities in violation of Township ordinances.

(6)

Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this code.

(7)

Whatsoever renders air, food or drink unwholesome or detrimental to the health of human beings.

(8)

Fire hazards.

OCCUPANT

Any person living, sleeping, occupying or having actual possession of a premises or a part thereof.

OPERATOR

Any person who has charge, care or control of a premises or a 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, without accompanying actual possession thereof; or who shall have charge, care or control of any premises as owner or agent of the owner or as a fiduciary, including but not limited to 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 reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and/or assigned by said lessee.

PREMISES

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

PUBLIC OFFICER

The municipal employee entrusted with the enforcement of the provisions of this code.

REFUSE

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

RUBBISH

Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, glass, beddings, crockery and similar materials. (See "garbage" and "refuse.")

STRUCTURE

Any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground, and including, among other things, display stands, signs, platforms, pools, flagpoles, standpipes, tanks and towers of any kind. The term "structure" shall include the term "building."

TOWNSHIP

The Township of Montville.

VENTILATION

Supply and removal of air to and from any space by natural or mechanical means.

WEATHERING

Deterioration, decay or damage caused by exposure to the elements.

Meanings of certain words.

(1)

Whenever the words "accessory structure," "building," "dwelling," "premises" or "structure" are used in this code, they shall be construed, unless expressly stated to the contrary, to include the plurals of these words and as if they were followed by the words "or any part thereof."

(2)

The word "shall" shall be applied retroactively as well as prospectively.