This chapter shall be known as the "Property Maintenance Code
of the Township of Egg Harbor" and may be referred to in this chapter
in the short form as the "Property Maintenance Code" or as "this code."
A.
It is hereby found and declared that there exist in the Township
of Egg Harbor structures and vacant lots which are or may become in
the future substandard with respect to structural integrity, equipment
or maintenance or, further, that such conditions, including but not
limited to structural deterioration; lack of maintenance of exterior
premises and vacant lots; infestation; existence of fire hazards,
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Township of Egg Harbor.
B.
It is further found and declared that, by reason of lack of maintenance
and ensuing 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 dwellings and
neighborhoods enhanced and the public health, safety and welfare protected
and fostered.
A.
The purpose of this code is to:
(1)
Protect the public health, safety and welfare by establishing minimum
standards governing the exterior maintenance, condition and structural
integrity of residential and nonresidential premises.
(2)
Authorize and establish procedures for the inspection of residential
and nonresidential premises.
(3)
Fix penalties for the violations of this code.
(4)
Permit repairs.
(5)
Provide for the repair, demolition or vacation of premises unfit
for human habitation or occupancy or use.
B.
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 purposes as stated herein.
A.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
B.
Terms defined in Building Code. Where terms are not defined in this
section and are defined in the Building Code, they shall have the
meanings ascribed to them as in the Building Code.
C.
Terms not defined. Where terms are not defined under the provisions
of this code or under the provisions of the Building Code, they shall
have ascribed to them their ordinarily accepted meanings or such as
the context herein may imply.
D.
Meaning of certain words. Whenever the words "accessory structure,"
"building," "dwelling," "dwelling unit" 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." The word "shall" shall
be applied retroactively as well as prospectively.
E.
ACCESSORY STRUCTURE
APPROVED
BUILDING
BUILDING INSPECTOR
DETERIORATION
ENFORCEMENT OFFICER
EXTERIOR PROPERTY AREAS
EXTERMINATION
FIRE HAZARD
GARBAGE
INFESTATION
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
OCCUPANT
OWNER
PERSON
PREMISES
RUBBISH
STRUCTURE
UTILITIES
VACANT LOT
WEATHERING
WORKMANLIKE STATE OF MAINTENANCE AND REPAIR
YARD
Applied meaning of words and terms. Unless otherwise expressly stated,
the following terms shall, for the purposes of this code, have the
meanings indicated in this section:
A detached building which is customarily used as an incidental
building to a principal building and is located on the same lot with
such principal building.
As applied to a material, device or method of construction,
approved by the Building Inspector under the provisions of this code,
or approved by other authority designated by law to give approval
in the matter in question.
A structure enclosed with exterior walls or fire walls, built
erected and framed of component structural parts, designed for the
housing shelter, enclosure and support of individuals, animals or
property of any kind. When used herein, building and structure shall
be interchangeable except where the context clearly indicates otherwise.
The official designated by the Township to enforce building,
zoning, or similar laws and this code, or his duly authorized representative.
The condition of a 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.
The official designated herein or otherwise charged with
the responsibilities of administering the code, or his authorized
representatives.
The open space on the premises and on adjoining premises
under the control of the owners or operators of said premises.
The control and elimination of insects, rodents and other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poison, spraying,
fumigating or trapping or by any other approved pest-elimination methods.
Any thing 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, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
(See also "nuisance.")
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The presence, within or contiguous to a structure or premises,
of insects, rodents, vermin or other pests.
The physical condition, or use of any premises regarded as a
public nuisance at common law; or
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures; or
Any premises which is manifestly capable of being a fire hazard,
or are manifestly unsafe or insecure as to endanger life, limb or
property; or
Any premises from which utilities have been disconnected, destroyed,
removed or rendered ineffective, or the required precautions against
trespassers have not been provided; or
Any premises which is unsanitary, or which is littered with
rubbish or garbage, or which has an uncontrolled growth of weeds;
or
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent so as not to provide shelter,
in danger of collapse or failure and dangerous to anyone on or near
the premises.
Any person living, sleeping or having actual possession of
a business, dwelling unit or room unit.
The owner or owners of the freehold of the premises or lesser
estate therein or a mortgagee or vendee in possession, assignee of
rents, receiver, executor, trustee, lessee or other person, firm or
corporation in control of a building, or their duly authorized agents.
An individual, firm, corporation, association or partnership.
A lot, plot or parcel of land, including the buildings or
structures thereon and shall also include the area between the sidewalk
and the gutter line where applicable.
All combustible and noncombustible waste materials other
than garbage, including, but not limited to, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass, crockery, and the residue
from burning wood, coal, coke or other combustible materials, solid
market and industrial waste.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surfaces
of a parcel of land.
Gas service and equipment therefor, electric service and
equipment therefor and water supply, including hot water, and equipment
therefor.
See "premises."
Deterioration, decay or damage caused by exposure to the
elements.
Such maintenance and repair as are made in a reasonably skillful
manner.
An open unoccupied space on the same lot with a building,
extending along the entire length of a street, rear, or interior lot
line.
