A certain document, one copy of which is on file in the office of the Clerk of the Township of Middle, being marked and designated as the International Property Maintenance Code (2015 Edition), as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Township of Middle, County of Cape May, State of New Jersey, for the control of buildings and structures as herein provided, and each all of the regulations, provisions, penalties, conditions and terms of that International Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this article (with the additions, insertions, deletions and changes, if any, prescribed in § 193-5 of this article).
As used in this chapter, the following terms shall have the
meanings indicated:
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative, including but
not limited to code enforcement officer, zoning officer, construction
official, and business administrator.
To adjudge unfit for occupancy.
An exterior waste container designed to be mechanically lifted
by and emptied into or carted away by a commercial vehicle.
Any building or structure or part thereof used and occupied
for human habitation or intended to be so used, including any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable spaces.
Vehicles, designated for executing commercial construction
tasks, such as bulldozers, excavators, engineering equipment, heavy
hydraulics, etc.
A vehicle on which the engine, wheels or other parts have
been removed, altered or damaged or allowed to deteriorate to the
point where the vehicle cannot be driven.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar or can or any top, cap
or detachable tab of any bottle, jar or can; unlighted cigarette,
cigar, match or any flaming or glowing material; any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste;
newspapers or magazines; glass, metal, plastic or paper containers
or other packaging; or construction material. The term does not include
the waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Includes the titleholder, any agent of the titleholder having
authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127 § 17, as amended by P.L. 2009, c. 2960), or any other
entity determined by the Township of Middle to have authority to act
with respect to the property.
All individuals, associations and corporations who or which
have interests of record in a dwelling and any who or which are in
possession thereof.
Any housing authority or any officer in charge of any department
or branch of government of the municipality, county or state relating
to health, fire or building regulations or to other activities concerning
dwellings in the municipality.
Any real property located in Middle Township that is not
occupied, and that is the subject of a foreclosure judgement; or in
default on a mortgage; or has had a lis pendens filed against it by
a lender holding a mortgage on the property; or is subject to any
ongoing foreclosure action by a lender; or has been transferred to
a lender under a deed in lieu of foreclosure; or that meets the definition
of "abandoned property" under N.J.S.A 2A:50-73, N.J.S.A. 55:19-80
et seq., or any other New Jersey statute defining "vacant" or "abandoned"
property. The designation of a property as "vacant" shall continue
until the property is sold or transferred to a new owner, the foreclosure
action has been dismissed and any default on the mortgage has been
cured.
[Amended 6-6-2022 by Ord. No. 1647-22]
One copy of the 2015 International Property Maintenance Code
has been placed on file in the office of the Township Clerk upon the
introduction of this article and will remain on file there, until
final action is taken on such article, for use and examination by
the public. Upon adoption of this article, the one copy shall remain
on file in the office of the Township Clerk so long as this article
is in effect for use and examination by the public.
The provisions of the 2015 International Property Maintenance
Code shall not be construed to prevent the enforcement of other ordinances
or regulations that prescribe standards other than those provided
in said Property Maintenance Code. In the event of conflict, the most
restrictive provisions shall apply.
It shall be the duty of the owner, lessee, tenant, occupant
and/or person in charge of any structure or property to maintain the
property in strict conformance with this article. The owner of the
premises shall maintain the structures and exterior property in compliance
with these requirements. A person shall not occupy as owner-occupant
or permit another person to occupy premises that are not in a sanitary
and safe condition and that do not comply with the requirements of
this chapter. Occupants of a dwelling unit, rooming unit or housekeeping
unit are responsible for keeping in a clean, sanitary and safe condition
that part of the dwelling unit, rooming unit, housekeeping unit or
premises that they occupy and control.
All exterior property and premises, and the interior of every
structure, shall be free from any accumulation of rubbish or garbage.
A.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon any public or private property, other
than in a litter receptacle. Every occupant of a structure shall dispose
of all rubbish in a clean and sanitary manner by placing such rubbish
in approved containers.
B.
No person shall sweep into or deposit in any gutter, street, catch
basin or other public place any accumulation of litter from any public
or private sidewalk, driveway, curb or property.
C.
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter, trees, stumps and/or cleaning debris before, during or after
completion of any construction or demolition project on the job site
or on any vacant lot situate in a residential district.
D.
It shall be unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins or litter receptacles
on his or her property.
E.
It shall be unlawful for any person or entity to store or to permit
storage of any trash, garbage, rubbish, or bulky household waste,
including household appliances, furniture and mattresses, except in
a fully enclosed structure or during days designated for the collection
of bulky items.
F.
It shall be unlawful for any property owner to store or permit the
storage of tires, except in a fully enclosed structure or on days
designated for the collection of tires.
G.
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its loads from dropping, sifting, leaking or otherwise
escaping therefrom. Any person operating a vehicle from which any
objects have fallen or escaped, which could cause an obstruction,
damage a vehicle or otherwise endanger travelers or public property,
shall immediately cause the public property to be cleaned of all objects
and shall pay the cost therefor.
H.
Refrigerators and similar equipment not in operation shall not be
discarded, abandoned or stored on premises without first removing
the doors.
I.
The owner of every occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible
for the removal of rubbish. The operator of every establishment producing
garbage shall provide, and at all times cause to be utilized, approved
leakproof containers provided with close-fitting covers for the storage
of such materials until removed from the premises for disposal.
J.
Every occupant of a structure shall dispose of garbage in a clean
and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
K.
The owner, lessee, tenant, occupant and/or person in charge of any
structure or property shall provide a litter receptacle and service
therefor at the following public places:
(1)
Buildings held out for use by the public, including schools, government
buildings and the like.
(2)
All street vendor locations: one receptacle per location.
(3)
Self-service station islands: one receptacle per location.
(4)
Gasoline service station islands: one receptacle per island.
(5)
Shopping centers: minimum of one receptacle per store or unit to
be placed at the entrances of stores/units.
(6)
Campgrounds: minimum of one receptacle in each of the following areas:
pools, restrooms, laundry facilities, common areas.
(7)
Mobile home parks: minimum of one receptacle in each of the following
areas: pools, restrooms, laundry facilities, common areas.
(8)
Marinas, boat moorage and fueling stations, boat-launching areas
and public and private piers: minimum of one receptacle in each of
the following areas: pools, restrooms, laundry facilities, common
areas.
(9)
Beaches and bathing areas: one receptacle for each public access
area. At special events to which the public is invited, including
sporting events, parades, carnivals, circuses, festivals and picnics:
six receptacles per acre of area designated for the event, not including
parking.
L.
It shall be the duty of the owner, agent and/or contractor in charge
of any construction site to furnish containers adequate to accommodate
debris or trash at said construction site at areas convenient thereto
and to maintain and empty said litter receptacles in such a manner
and with such a frequency as to prevent spillage of refuse.
M.
All sweepings shall be collected and properly containerized in a
litter receptacle.
All premises shall be graded and maintained to prevent the erosion
of soil and to prevent the accumulation of stagnant water thereon,
or within any structure located thereon, with the exception of approved
retention areas and reservoirs. Such grading and drainage shall not
be directed to neighboring properties.
A.
Except as provided for in other regulations, no unregistered or inoperable
motor vehicle, trailer, boat, recreational vehicle, heavy equipment
or ATV shall be parked, kept or stored on any exterior premises, and
no vehicle shall at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth which
has been approved by the code official.
B.
No person, firm or corporation shall park or store any unregistered
or inoperable motor vehicle, trailer, boat, recreational vehicle,
heavy equipment or ATV on any street within the limits of the Middle
Township. In addition, no registered trailer that is not attached
to a registered motor vehicle shall be parked or stored on any street
within the limits of Middle Township.
C.
Registered, operable motor vehicles, trailers, boats, recreational
vehicles, ATVs and any other motorized vehicles being stored or kept
must be parked on approved driveways or other approved surfaces. Except
as permitted, no portion of the vehicle or trailer may encroach upon
any public right-of-way, including sidewalks.
D.
Existing nonconforming parked boats, trailers, and campers are not
exempt from the above provisions, as of the effective date of this
article.
E.
Any such vehicle stored in accordance with this article shall not
be occupied and shall not be provided with utility connections other
than required for vehicle maintenance or startup of a period not exceed
72 hours and shall not be used for storage or space for the permanent
conduct of a business, profession, occupation or trade.
