All exterior walls, roofs and surfaces shall be clean, painted,
if material used requires, impervious to water, and kept in good repair.
The exterior of the premises shall be kept free of all nuisances,
and any hazards to the safety of occupants, pedestrians and other
persons utilizing the premises, and free of unsanitary conditions,
and any of the foregoing shall be promptly removed and abated by the
owner or operator. It shall be the duty of the owner or operator to
keep the premises free of hazards which include, but are not limited
to the following:
A.
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash and debris.
B.
Natural growth: dead and dying trees and limbs or other vegetation
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
C.
Overhangings: loose and overhanging objects and accumulations of
ice and snow, which by reason of location above ground level constitute
a danger of falling on persons in the vicinity thereof.
D.
Ground surface hazards: holes, excavations, breaks, projections,
obstructions, icy conditions, uncleared snow or paths, walks, driveways,
parking lots and parking areas, and other parts of the premises and
adjacent public rights-of-way, used for access to the premises, must
be repaired or cleared.
E.
Construction sites: it shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of refuse.
F.
Recurring storm water accumulations: adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of storm water.
G.
Unsanitary conditions: animal droppings and sources of infestation
from rodents or other vermin shall be eliminated in accordance with
local health requirements.
H.
Channels
and waterways. Any waterway and/or channel overgrowth, storm debris,
flooding or other public hazards created from or occurring due to
neglect. Prohibited conditions include, but are not limited to, unregulated,
constructed modifications that affect the flow area within the waterway
and channel, accumulation of trash and debris along the banks of the
waterway or channel, the existence or maintenance of which shall be
against the public health, security or general welfare of the people
of the City.
[Added 2-14-2022 by Ord. No. O-1-22]
A.
Storage of household solid waste. It shall be unlawful for any residential
property owner to store or permit storage of any bulky household waste,
including household appliances, furniture and mattresses, in areas
zoned residential, except in a fully enclosed structure or during
days designated for the collection of bulky items.
B.
Storage of tires. It shall be unlawful for any residential property
owner to store or permit the storage of tires in areas zoned residential,
except in a fully enclosed structure or on days designated for the
collection of tires.
C.
Laundry. It shall be unlawful for any residential property owner
to store or hang clothing, bedding, towels or other laundry, to dry
on fences or railings on any residential property.
All properties shall include an enclosed area for the temporary
storage of trash and other refuse. All garbage type refuse shall be
in tightly covered containers. The enclosed area shall be paved with
a durable surface and screened by a solid architectural fence at least
six feet in height. It shall be the responsibility of the owners or
operators of all applicable uses to provide for the removal, on a
regular basis, of all trash or junk material so that an accumulation
of excess material does not occur as determined by the City.
A.
Outside storage areas are not permitted in front yard setbacks as
defined by the City Zoning Ordinance.[1] Outside storage areas located in other yards shall be
enclosed by dense landscaping or an attractive, solid architectural
fence at least six feet in height which effectively blocks the visibility
of materials being stored. Storage areas shall be paved with a durable
material such as macadam. Materials stored in such areas shall be
orderly to the extent possible, and trash or junk materials, as defined,
shall be disposed of on a regular basis.
B.
All storage areas shall have all materials and vehicles arranged
to permit easy access for firefighting purposes. Adequate space shall
be provided around buildings for maintenance purposes. Fire exits,
protective devices and equipment shall be kept clear in accordance
with the applicable fire provisions of all other Codes.
[Amended 2-14-2022 by Ord. No. O-1-22]
A.
Notice to remove. The Director of Public Works, or his duly designated
agent, or the City Health Officer is authorized and empowered to notify
the owner of any open or vacant private property or the tenant or
agent of such owner to dispose properly of litter, refuse or natural
growth located on such owner’s property which is dangerous to
public health, safety or welfare. Notice shall be by registered or
certified mail, return receipt requested, addressed to the owner or
his agent or tenant at his last known address, or served personally
upon the owner, tenant or agent.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of
any owner, tenant or agent so notified to dispose properly of the
said litter, refuse or natural growth within seven days after receipt
of written notice specified in § 310-14A or within seven
days after the date of such notice in the event that it is returned
to the City by the post office because of inability to make delivery
thereof, provided that the notice was properly addressed to the last
known address of the owner, tenant or agent, the Director of Public
Works, or his duly designated agent, is authorized and empowered to
pay for disposing of such litter, refuse or natural growth or to order
its disposal by the City.
C.
Charge included in tax bill. When the City has affected the removal
of litter, refuse or natural growth or has paid for its removal, the
actual cost thereof shall, unless paid by the owner prior thereto,
be charged to the owner of the property on the next regular tax bill
forwarded to the owner by the City. The charge shall be due and payable
by the owner at the time set for payment of the tax bill.
D.
Recorded statement constitutes lien. Where the full amount due the City is not paid by the owner within 30 days after the disposal of such litter, refuse or natural growth, as specified in Subsections A and B of this section, then, and in that case, the Director of Public Works, or his duly designated agent, or the City Health Officer, or his duly designated agent, shall cause to be recorded in the City Clerk’s office, a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima face evidence that all legal formalities have been complied with an that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Added 2-14-2022 by Ord.
O-1-22]
Upon determination that a condition exists as set forth in § 320-10H, the Business Administrator or their designee shall cause written notice to be sent to the owner or tenant, whichever the case may be, ordering the removal and correction of the condition, specifying the manner in which to remove or correct the condition within seven days after said notice is served. In the event that such owner or tenant shall refuse or neglect to remove or correct the condition in the manner and within the time provided hereunder, the Business Administrator or their designee shall have the right to provide for the removal or correction of the condition. It shall be within the Business Administrator's discretion as to whether such costs incurred by the City shall become a lien on the property. In the event of an emergency situation involving a channel or waterway, the City specifically reserves the right for City personnel to notify the owner upon arrival at the property to address the emergency.
[Added 12-11-2023 by Ord. No. O-51-23]
A.
Purpose.
(1)
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
(2)
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately owned), including residences, in the
City of Rahway to protect the environment, public health, safety and
welfare, and to prescribe penalties for failure to comply.
B.
DE-ICING MATERIALS
IMPERVIOUS SURFACE
PERMANENT STRUCTURE
(1)
(2)
(a)
(b)
(c)
(d)
(e)
PERSON
RESIDENT
STORM DRAIN INLET
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor and that is completely
roofed and walled. (New structures require a door or other means of
sealing the accessway from wind-driven rainfall.)
A fabric frame structure is a permanent structure if it meets
the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll-up door or other means of sealing
the accessway from wind-driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
C.
De-icing material storage requirements.
(1)
Temporary outdoor storage of de-icing materials in accordance
with the requirements below is allowed between October 15 and April
15:
(a)
Loose materials shall be placed on a flat, impervious surface
in a manner that prevents stormwater run-through;
(b)
Loose materials shall be placed at least 50 feet from surface
water bodies, storm drain inlets, ditches and/or other stormwater
conveyance channels;
(c)
Loose materials shall be maintained in a cone-shaped storage
pile. If loading or unloading activities alter the cone shape during
daily activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
(d)
Loose materials shall be covered as follows:
[1]
The cover shall be waterproof, impermeable, and
flexible;
[2]
The cover shall extend to the base of the pile(s);
[3]
The cover shall be free from holes or tears;
[4]
The cover shall be secured and weighed down around
the perimeter to prevent removal by wind; and
[5]
Weight shall be placed on the cover(s) in such
a way that minimizes the potential of exposure as materials shift
and runoff flows down to the base of the pile.
[6]
Sandbags lashed together with rope or cable and
placed uniformly over the flexible cover, or poly-cord nets, provide
a suitable method. Items that can potentially hold water (e.g., old
tires) shall not be used.
(e)
Containers must be sealed when not in use; and
(f)
The site shall be free of all de-icing materials between April
16 and October 14.
(2)
De-icing materials should be stored in a permanent structure
if a suitable storage structure is available. For storage of loose
de-icing materials in a permanent structure, such storage may be permanent
and thus not restricted to October 15 through April 15.
(3)
All such temporary and/or permanent structures must also comply
with all other local ordinances, including building and zoning regulations.
(4)
Inspections.
(a)
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors and who shall document that
weekly inspections are conducted to ensure that the conditions of
this section are met. Inspection records shall be kept on site and
made available to the municipality upon request.
(b)
Residents who operate businesses from their homes that utilize
de-icing materials are required to perform weekly inspections.
D.
Exemptions.
(1)
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
(2)
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection C above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
(3)
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
E.
Enforcement. This section shall be enforced by the Property Maintenance
Division of the Construction Department or the City Engineer or their
designee during the course of ordinary enforcement duties.
F.
Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall have 72 hours to complete
corrective action. Repeat violations and/or failure to complete corrective
action shall result in a fine up to $1,000.
