[HISTORY: Adopted by the Township Committee of the Township
of Andover 3-12-2012 by Ord. No. 2012-02. Amendments noted where applicable.]
This chapter shall be known as the "Minimum Property Maintenance
Code of the Township of Andover" and may be referred to in the short
form as the "Property Maintenance Code" or in this chapter as "this
code."
It is hereby found and declared that there exist in the Township
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance, and
further that such conditions, including but not limited to structural
deterioration, lack of maintenance of exterior premises and vacant
lots, infestation, lack of maintenance or upkeep of essential facilities
and utilities, existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare, and reasonable
comfort of the citizens and inhabitants of the Township. 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, by reason of timely regulations
and restrictions, as herein contained, the growth of this 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.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance
and condition of the exterior of premises; to avoid, prevent and eliminate
the maintenance of or creation of hazards to the public health or
safety; to avoid, prevent and eliminate conditions which, if permitted
to exist or continue, will depreciate or tend to depreciate the value
of adjacent or surrounding properties; to prevent the creation, continuation,
extension or aggravation of blight; to fix certain responsibilities
and duties upon owners, operators and occupants of property; and to
provide for administration and enforcement of this chapter.
Every structure and the premises on which the structure(s) are
situated in the Township used or intended to be used for single- and
multiple-family dwellings, commercial, business or industrial occupancy
shall comply with the provisions of this code and, irrespective of
any permits or licenses, which shall have been issued for the use
or occupancy of the structure or for the installation or repair of
equipment or facilities prior to the effective date of this code.
In any case where the provisions of this code impose a higher
standard than that set forth in any ordinance of the Township or under
the laws of the State of New Jersey, then the standards as set forth
herein shall prevail; but if the provisions of this code impose a
lower standard than any ordinance of the Township or of the laws of
the State of New Jersey, then the higher standard contained in any
such other ordinance or law shall prevail.
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.
[Amended 5-5-2022 by Ord. No. 2022-10]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meanings:
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied, in whole or in part, or intended, arranged or designed
to be occupied for sleeping, dwelling, cooking, gathering and/or entertaining,
as a residential occupancy, by one or more persons. This definition
includes an apartment, condominium, building, cooperative, converted
space, or portions thereof, that are offered to use, made available
for use, or are used for accommodations, lodging, cooking, sleeping,
gathering and/or entertaining of occupants and/or guest(s) for consideration.
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 enforcement officer in the Township shall be the Zoning
Officer or his/her authorized representative.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent properties,
including all outside surfaces and appurtenances thereto, and the
open space on the premises outside any building or structure erected
thereon.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food or by any approved
pest-elimination methods.
Anything or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than 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.
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
Any public or private condition that would constitute a "nuisance"
according to the statutes, laws and regulations of the State of New
Jersey, any of its agencies or this code; any physical condition existing
in or on the exterior of any premises which is potentially dangerous,
detrimental or hazardous to the health or safety of persons on, near
or passing in proximity of the premises where said condition exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of the premises of or having
actual possession or use of a business, single- and multiple-family
dwelling unit or other premises affected by this chapter.
Any person, persons or entity not the owner who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
Any person, persons or entity:
Who shall have legal or equitable title in any form whatsoever
to any premises or part thereof, with or without accompanying actual
possession thereof; or
Who shall have charge, care or control of any lot, premises,
building, structure or part thereof, as owner or agent of the owner;
or
As fiduciary, trustee, receiver, guardian, lessee or mortgagee
in possession, regardless of how such possession was obtained;
Any person, group of persons or entity who is a lessee, sublessee
or assignee of a lessee of any part or all of any building, structure
or land shall be deemed to be a co-owner with the lessor for the purposes
of this section and shall have responsibility over that portion of
the premises so sublet, leased or assigned.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
All combustible and noncombustible waste materials other
than garbage; and the term shall include 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 material and solid commercial
and industrial waste.
No chemicals such as those used in swimming pools, oil, gasoline
or any other chemical which could cause a fire, explosion or obnoxious
gas shall be considered "rubbish."
Rental of any apartment, rental unit, or dwelling unit for
a period of 60 or fewer days.
[Amended 5-5-2022 by Ord. No. 2022-10]
A.
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 may any such person or entity assert, as a defense
against any charge made under this chapter, that another owner, operator
or occupant or any other third person or entity is also responsible
therefor and in violation thereof.
B.
Pursuant
to N.J.S.A. 40:48F-1 et seq., when each and every short-term rental
occupancy ends or there is a change of occupancy by transient occupants,
the short-term rental property owner, in addition to the state sales
tax and state occupancy fee, shall be subject to a 3% municipal occupancy
tax. This subsection shall only apply to such short-term rentals that
are obtained through a transient space marketplace or a professionally
managed unit.
A.
Exterior of premises. The exterior of all premises shall be kept
free from hazards, which include but are not limited to the following:
(1)
Garbage and rubbish (as defined in this chapter): only garbage and
rubbish resulting from the actual use of the premises may be permitted
on the premises; this section shall be enforced by the Zoning Officer
or its authorized representative.
(2)
Unsafe structures: structurally unsafe or unsound buildings, structures
or fences or abandoned, uncovered or structurally unsound wells, shafts,
towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(3)
Discarded appliances: abandoned refrigerators, boilers, hot-water
heaters, television sets and other similar major appliances.
(4)
Natural growth; lawns and shrubs.
(a)
Natural growth. Dead and dying trees and limbs or other natural
growth which by reason of rotting or deteriorating condition or storm
damage constitute a hazard to persons in the vicinity thereof; trees
shall be kept pruned and trimmed to prevent such condition.
(b)
Lawns and shrubs: all lawns shall be maintained; all hedges
and shrubs shall be trimmed to a neat appearance.
(5)
Overhangings: loose and overhanging objects, whether natural or man-made,
and accumulations of ice and snow, which by reason of location, above
ground level constitute a threat to the health and safety of members
of the public if caused to fall.
(6)
Ground surface hazards: hidden or uncovered ground or surface hazards,
such as holes, sudden depressions, excavations, sharp or jagged projections
or obstructions.
(7)
Recurring accumulations of stormwater: stagnant surface or groundwater
accumulations which create or are likely to create breeding areas
for mosquitoes and other insects.
(8)
Infestation: rodents, vermin, pest infestations, and conditions causing
same.
(9)
Nuisances: as defined in this chapter.
(10)
Inoperable vehicles: vehicles or parts thereof, including boats and
trailers, motorized or not, regardless of whether licensed or registered,
which vehicles or parts thereof are or have been abandoned, dismantled
or are in a state of visible disrepair.
B.
Structural soundness. Every structure and accessory structure and
every part thereof shall be kept structurally sound and in a state
of good repair to avoid safety, health or fire hazards, including
but not limited to the following:
(1)
Foundation walls: inadequate or unsafe foundation walls, piers and
columns and other similarly unsound, damaged or defective load-bearing
components which are incapable of supporting the imposed loads safely
at all points.
(2)
Exterior porches, landings, balconies, stairs and fire escapes: structurally
unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe
exterior portions of buildings or structures, including but not limited
to porches, landings, balconies, stairways, handrails, steps, walls,
overhangs, roofs, fences, supporting members, timbers, abutments,
fire escapes, signs and loose, crumbling or falling bricks, stones,
mortar or plaster.
(3)
Projecting surfaces: exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith.
(4)
Windows, doors, etc., Broken glass or windows, rotten, missing or
substantially destroyed window frames and sashes, door frames, exterior
doors or other junior exterior component parts of buildings or structures
are prohibited.
(5)
Exterior chimneys shall be maintained and kept structurally sound,
free from defects and so maintained as to capably perform, at all
times, the functions for which they were designed.
(6)
Steps, walks, driveways and parking lots, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes or other hazards that
may exist shall be filled, and necessary repairs or replacement shall
be performed promptly.
[Amended 9-10-2018 by Ord. No. 2018-10]
A.
Enforcement officer. It shall be the duty and responsibility of the
Zoning Officer or its authorized representative of the Township to
enforce the provisions of this code as herein provided.
B.
Coordination of enforcement.
(1)
Inspection of premises and the issuing of orders in connection therewith
under the provisions of this code shall be the exclusive responsibility
of the Township Zoning Officer.
(2)
Wherever, in the opinion of the Zoning Officer, it is necessary or
desirable to have inspections of any condition by any other department,
the Zoning Officer shall arrange for this to be done.
(3)
No order for correction of any violation under this code shall be
issued without the approval of the Zoning Officer, and it shall be
the responsibility of the Zoning Officer before issuing any such order
to determine that it has the concurrence of any other department or
official of the government concerned with any matter involved on the
case in question.
C.
Inspections. The enforcement officer is authorized to enter upon
any land at any reasonable time for the purpose of performing his
or her duty under this code or by way of a search warrant if required
by law.
D.
Enforcement procedure.
(1)
Notice.
(a)
Whenever an enforcement officer determines that there is or
has been a violation of any provision of this chapter, he or she shall
give notice of such violation to the person, persons or entities responsible
therefor under this section.
(b)
Such notice shall be in writing and shall include a concise
statement of the reasons for its issuance.
(c)
Such notice shall be deemed to be properly and sufficiently
served if a copy thereof is sent by regular mail to the last known
address of the person or entity upon which the same is served, as
shown by the most recent tax records of the Township, or a copy thereof
handed to said person or persons, or a copy thereof left at the usual
place of abode or office of said persons or entities.
(d)
Notice shall be given as aforesaid within or without the Township
and shall state that unless the violation is abated, removed, cured,
prevented or desisted within 15 days of the date of service of such
notice (exclusive of the date of service), a summons shall be issued
for such violation.
(2)
Extension of time for compliance.
(a)
The enforcement officer may extend the period for compliance
with the requirements of this section in regard to the violation stated
in the notice for a period in excess of the aforesaid 15 days if,
in his judgment, the abatement, removal, prevention, cessation or
cure of the condition violated cannot reasonably be effected within
the fifteen-day period; and, in such cases, the enforcement officer
shall state such reasonably required extended period in the notice,
which shall then be applicable instead of the aforesaid 15 days.
(3)
Issuance of summons.
(a)
In the event that the violation is not abated, removed, cured,
prevented or desisted from or otherwise fully remedied within said
fifteen-day period or within such extended period as set forth in
the notice, pursuant to the foregoing, a summons shall be issued against
the person, persons, entity or entities so notified.
E.
Emergency conditions.
(1)
Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists and that such condition requires immediate attention in order to protect the public health or safety, he or she may issue an order by service of notice as set forth in Subsection D above, reciting the existence of such emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency.
(2)
Notwithstanding any other provision of this chapter to the contrary,
such order shall be effective immediately. Any person to whom such
an order is directed shall comply therewith immediately, but, upon
objection in writing to the enforcement officer, any such person shall
be afforded a hearing before the governing body of the Township as
soon as is reasonably possible.
(3)
After such hearing and decision by the governing body as to the existence
or nonexistence of the emergency condition, the governing body may
continue such order in effect, or modify or withdraw it, subject to
the issuance of a summons for violation thereof if such order is continued.
Any person or entity who shall violate any of the provisions
of this chapter shall, upon conviction, be punished as follows:
A.
For the first offense, by a fine not to exceed $500 or $100 per day.
B.
For a second offense, by a fine not to exceed $1,000 or $100 per
day.
C.
For a third offense or any subsequent offenses, by a fine not to
exceed what is permitted by law.
D.
Each day that a violation occurs may be considered a multiple violation
and it will not be necessary to issue subsequent summons for each
violation.
In any case where a provision of this chapter is found to be
in conflict with or inconsistent with a provision of any other ordinance
which establishes a lower standard for the promotion and protection
of the safety, health and welfare of its inhabitants, the provisions
of this chapter shall prevail, and such other ordinance or parts thereof
are hereby declared to be repealed to the extent that they may be
so found to be in conflict with this chapter.
