[HISTORY: Adopted by the Township Council of the Township
of East Brunswick on 10-9-79 by Ord. No. 79-182 and deleting Chapter 72, Commercial Maintenance Code; Chapter
90, Unfit Dwellings; and Chapter 126, Housing Standards. Amended 2-22-99
by Ord. No. 99-10]
[Amended 6-12-17 by Ord. No. 17-25]
The New Jersey State Housing Code, as amended and supplemented
from time to time, is hereby adopted in the Township of East Brunswick
for the control of all residential and nonresidential structures and
premises, and each of the regulations and provisions of the above
referenced New Jersey Housing Code are hereby adopted and made a part
of the Code of the Township of East Brunswick as if fully set forth
herein.
[Amended 2-22-99 by Ord. No. 99-10; 6-12-17 by Ord. No. 17-25]
Three copies of the New Jersey State Housing Code have been
placed on file in the Office of the Township Clerk and shall remain
on file in such office for the use and examination of the public.
[Amended 8-28-89 by Ord. No. 89-56; 5-26-92 y Ord. No. 92-17; 2-22-99 by Ord. No. 99-10; 12-10-18
by Ord. No. 18-33]
A.
Enforcement. The Property Maintenance Code of the Township of East
Brunswick shall be administered by the Zoning and Code Enforcement
Officer, and/or his/her designee within the East Brunswick Department
of Planning & Engineering.
B.
Notice Required for Certain Issues. If the Zoning and Code Enforcement
Officer or his/her designee is made aware of an unsafe structure,
hazard, nuisance, or other issue of the type that is not defined with
specificity within the code, the offending property owner shall be
made aware of the unsafe structure, hazard, nuisance, or other issue
by written notice. Such notice shall be served either in person, or
by certified mail, return receipt requested to the address of the
offending property owner.
C.
Requirements of Notice. In all situations in which written notice
shall be made to address property maintenance issues present upon
a property within the Township, such notice shall be made being sure
to include the following:
(1)
In writing, signed by the Zoning and Code Enforcement Officer
or his/her designee.
(2)
Identifying with specificity the offending condition present
upon the property.
(3)
An opportunity to cure within a reasonable amount of time specified
with certainty.
(4)
Photographic or other visual evidence supporting the allegation
that the offending condition is present upon the property.
(5)
Information that failure to cure within the specified time may
lead to issuance of a summons as well as all other remedies available
to the Township under law.
D.
Summonses. Summonses for violation of this code shall be signed by
the Zoning and Code Enforcement Officer or his/her designee within
the East Brunswick Department of Planning and Engineering. The summons
shall make specific reference to the code provision being violated
and details of the offending condition.
(1)
Specific Violations. For any violation that is specifically
defined within the code, the property owner shall be in violation
of that provision, which the summons shall reference.
(2)
All other violations. For all other issues that can only be
generally identified in the code due to the various forms such violations
might take, that property owner shall be in violation of this provision
if that owner fails to cure a hazard or nuisance within the specified
time as delineated in the Notice required under section 166.3.1(c)(iii).
E.
Emergency Exception. Prior written notice shall not be necessary
in any situation that rises to the level of an emergency or imminent
hazard to public safety or welfare if left unmitigated or unresolved.
[Deleted 2-22-99 by Ord. No. 99-10]
[Amended 2-22-99 by Ord. No. 99-10]
In addition to any other remedies which may be available, the
Director of Public Safety or his representative, upon affidavit, may
apply to the East Brunswick Municipal Court Judge for a search warrant
setting forth factually the actual conditions and circumstances that
provide a reasonable basis for believing that a nuisance or violation
of this ordinance exists on the premises, and, if the Judge is satisfied
as to the matter set forth in the affidavit, he shall authorize the
issuance of a search warrant permitting access to and inspection of
that part of the premises on which the nuisance or violation may exist.
[Amended 2-22-99 by Ord. No. 99-10]
Owners and operators shall have all the duties and responsibilities
prescribed in this Code, and no owner or operator shall be relieved
from any such duty and responsibility nor be entitled to defend against
any charge or violation thereof, by reason of the fact that another
person or entity is also responsible therefor and in violation thereof.
[Amended 2-22-99 by Ord. No. 99-10]
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Zoning & Code Enforcement
Officer or his/her designee, may order the owner, operator or occupant
to correct the violation or condition within the period of time consistent
with the hazard involved and with the necessary measures necessary
to remove the hazard; and, upon the failure of the operator, owner
or occupant to correct said condition, the Zoning & Code Enforcement
Officer or his/her designee, may abate said condition.
[Amended 2-22-99 by Ord. No. 99-10; 1-23-17 by Ord. 17-02]
Where abatement of any nuisance as defined herein or correction
of a defect on the premises or the maintenance of the premises in
a proper condition to conform to applicable ordinances of the Township
of East Brunswick or the laws of the State of New Jersey requires
expenditures of the Township of East Brunswick of moneys therefor,
the Zoning & Code Enforcement Officer or his/her designee, shall
present a report of the work accomplished to the governing body of
the Township of East Brunswick along with a summary of the proceedings
undertaken to secure compliance including notices served upon owners,
operators, occupants or their agents, as the case may be, by certified
mail. The governing body shall then approve the expenses, administrative
fee of twenty dollars ($20.00) and costs, whereupon they shall become
a lien against the premises, collectible as provided by law. A copy
of the resolution approving the said expenses shall be certified by
the Township Clerk and filed with the Tax Collector of the Township
of East Brunswick, who shall be responsible for the collection thereof;
and a copy of the report and resolution shall be sent by certified
mail, return receipt requested, to the owner.
[Amended 2-22-99 by Ord. No. 99-10]
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.
Rubbish. Broken glass, filth, garbage, trash, litter and debris.
[Amended 2-22-99 by Ord. No. 99-10]
B.
Natural growth, brush, weeds, ragweeds, stumps, roots, and obnoxious
growths; or other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, constitutes a hazard to persons in the
vicinity thereof. Trees shall be kept pruned and trimmed to prevent
such conditions.
[Amended 2-22-99 by Ord. No. 99-10]
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 or unsanitary conditions. Holes, excavations,
breaks, projections, obstructions, ice, uncleared snow and excretion
of pets and other animals on paths, walks, driveways, parking lots,
parking areas and other parts of the premises which are accessible
to and used by persons on the premises. All such holes and excavations
shall be filled and repaired, walks and steps repaired and other conditions
removed where necessary to eliminate hazards or unsanitary conditions,
with reasonable dispatch upon their discovery. It shall be the responsibility
of owners and operators to take reasonable steps to discover any such
hazards or unsanitary conditions which may exist on their premises.
[Amended 2-22-99 by Ord. No. 99-10]
E.
Recurring accumulations of stormwater. Adequate runoff drains shall
be maintained to eliminate any recurrent or excessive accumulation
of stormwater.
[Amended 2-22-99 by Ord. No. 99-10]
F.
Sources of infestation.
[Amended 2-22-99 by Ord. No. 99-10]
Premises shall be kept in such a manner that lawns, hedges and
bushes shall be kept trimmed and kept from becoming overgrown.
A.
Turf grass and weeds shall not exceed more than 10 inches in height
or more than 10 inches in length if matted down over twenty five percent
of the grassed area on the subject property.
[Added 2-22-99 by Ord. No. 99-10]
B.
Shrubs and Trees must be trimmed to eliminate impaired vision of
pedestrians on the sidewalks or of vehicular traffic and to avoid
impeding pedestrian movement.
[Added 2-22-99 by Ord. No. 99-10]
C.
Heavily wooded properties may be maintained in a natural state.
[Added 2-22-99 by Ord. No. 99-10]
[Amended 2-22-99 by Ord. No. 99-10]
The owner and operator of every commercial area containing wholesale,
retail, restaurant or service establishments shall be responsible
for providing and/or maintaining the following:
A.
The striping of parking spaces and directional arrows shall be maintained
on a regular basis in accordance with applicable Fire and Traffic
Safety regulations.
[Added 2-22-99 by Ord. No. 99-10]
B.
A trash basket with at least a twenty gallon capacity shall be provided
for each one hundred fifty (150) feet of commercial frontage. These
baskets shall be placed in the walking or pedestrian area and shall
be provided with tight-fitting covers fitted with hinged doors. In
no case shall there be less than one (1) basket provided.
[Amended 2-22-99 by Ord. No. 99-10]
C.
Fencing between non residential and residential areas shall not be
removed and shall be maintained in good repair.
[Added 2-22-99 by Ord. No. 99-10]
D.
All conditions of site plan approval issued pursuant to the Municipal
Land Use Law.
[Added 2-22-99 by Ord. No. 99-10]
[Amended 2-22-99 by Ord. No. 99-10]
Section PM-405.5 If any room used for residential purposes is
overcrowded, the code official may order the number of persons sleeping
or living in said room to be reduced so that there shall be not less
than the total area required in Table PM-405.5 MINIMUM OCCUPANCY AREA
REQUIREMENTS.
|
TABLE PM-405.5
MINIMUM OCCUPANCY AREA REQUIREMENTS
MINIMUM OCCUPANCY AREA IN SQUARE FEET
| |||
|---|---|---|---|
|
SPACE
|
1-2 OCCUPANTS
|
3-5 OCCUPANTS
|
6 OR MORE
|
|
Living Room
|
No requirements
|
145
|
175
|
|
Dining Room
|
No requirements
|
100
|
120
|
|
Kitchen
|
50
|
70
|
85
|
|
Bedrooms
|
MUST COMPLY WITH SECTION PM-405.3
| ||
[Added 12-26-89 by Ord. No. 89-87; amended 2-22-99 by Ord. No. 99-10]
The lighting in all commercial parking areas shall be maintained
and replaced immediately on an on-going basis. The owners and tenants
of commercial uses shall be responsible for the replacement of poles,
stanchions, bulbs, starters, ballasts and whatever else may be necessary
to keep all commercial parking areas fully lighted for the health,
safety and welfare of pedestrian and drivers, in conformance with
site plan approval.
[Added 2-22-99 by Ord. No. 99-10]
Outside storage restricted. Outside storage or display of merchandise
shall be forbidden in front of any commercial premises, on the pedestrian
or walkway area or in the parking area in front of the commercial
premises. Outside storage at the sides and rear shall be subject to
the terms of Planning or Zoning Board approval. Sidewalk sale or special
event permits are required for outside display and sales of merchandise
or other materials.
[Added 2-22-99 by Ord. No. 99-10]
A.
Useful items must be stored within a fully enclosed structure (such
as a home, garage or shed) or screened from view from any adjacent
property by a wall or fence within the rear yard area.
B.
Storage of useful items shall not occupy more than 20% of the area
of the rear yard.
C.
Items must be stored in a such a manner as to discourage harborage
of rodents, insects and other pests.
D.
Items Exempt from Screening Requirement
Firewood
Bar-B-Que grills
Bicycles
Children's toys
Garden hoses and sprinklers
Lawn ornaments:
Statues
Whirligigs
Flamingos
Birdbaths, etc.
E.
Items That Require Screening include but are not limited to:
Lawn and garden equipment:
Garden tools
Lawn mowers
Wheelbarrows
Tools
Ladders
Saw Horses
Vehicle parts
Building material:
Cement blocks
Lumber
Plywood, etc.
Storm windows and awnings
Dirt, sand and gravel (limit of 30 days)
F.
All items should be stored behind the front building line.
G.
Outside Storage - Residential Properties
Parking/Storage
Vehicles
1.
Any motor vehicle must be parked on a parking area, such as a driveway,
or in a garage or carport. Vehicles are not to be parked on the grass
or in any area intended for landscaping.
2.
An exception to this rule is recreational vehicles which may be stored
in the side or rear yard.
A boat, trailer, RV, or camper can be stored in either the side
yard or the rear yard of a residential area. It must be located behind
the front of the residence and in the yard adjacent to a street in
the case of a corner lot.
[Added 2-22-99 by Ord. No. 99-10]
Household objects which may have a use now or in the future.
These items may include, but are not limited to: barrels, ladders,
carts, lawn mowers or other lawn and garden equipment, tires and appliances.
Land in its natural state before development.
[Added 2-22-99 by Ord. No. 99-10; amended 6-12-00 by Ord. No. 00-13]
[Added 2-22-99 by Ord. No. 99-10; amended 6-12-00 by Ord. No. 00-13]
No person shall engage in an outdoor sidewalk/parking lot sale
event without having first obtained a permit from the Director of
Planning and Engineering or his/her designee and which shall be prominently
displayed at the permitted premises.
[Added 2-22-99 by Ord. No. 99-10; amended 6-12-00 by Ord. No. 00-13]
The fee for a Sidewalk/Parking Lot Permit shall be $50.00 per
each two week period.
[Added 2-22-99 by Ord. No. 99-10; amended 6-12-00 by Ord. No. 00-13]
The applicant shall present the Director of Planning and Engineering
or his/her designee with written permission from the property owner
authorizing the sale. The application shall set forth the proposed
method of clean up, a proposed layout of the outdoor display and sales
area, the location, intensity and direction of all outdoor lighting
and a plan for parking and traffic safety. Accompanying the application
shall be a certificate of liability insurance for the protection of
the general public. The Director of Planning and Engineering or his/her
designee shall determine lighting, buffering to protect nearby residences,
and proper siting on a particular piece of property and shall forward
the application to the Director of Public Safety, who shall determine
the adequacy of parking and traffic safety, ingress and egress and
fire protection standards. If the application complies with the determinations
made by the Director of Public Safety and the Director of Planning
and Engineering or his/her designee, the Director of Planning and
Engineering or his/her designee shall issue the permit.
[Added 2-22-99 by Ord. No. 99-10]
If the applicant proposes to locate a tent on a premises, it
may be utilized only as a sales area and may not be occupied as living
space. The use of a tent will require approval of the Fire Official.
No hook-up to water or sewer is permitted. The applicant shall obtain
an electrical permit if lighting is needed. Signs shall be unilluminated
and can be no greater than 15 square feet in area. Signs must be placed
at least 10 feet from the right-of-way. A maximum of 3 signs is permitted
on the premises. No separate sign permit is required.
[Added 2-22-99 by Ord. No. 99-10; amended 6-12-00 by Ord. No. 00-13]
Each business operating in a separate location may obtain a
Sidewalk/Parking Lot Sale Permit for a maximum of ten (10) weeks per
calendar year.
[Added 2-22-99 by Ord. No. 99-10]
a.
SIDEWALK/PARKING LOT SALE — A promotional sales event conducted
by one or more businesses which is held outside the confines of the
commercial or manufacturing structures in which such business is normally
conducted and which sale involves the outdoor display of merchandise
which is normally displayed within the structures within a paved or
concrete area on the same lot as the structures. Sale events shall
be conducted solely on private property and not encroach within public
rights-of-way.
b.
OUTDOOR DISPLAY AND SALES AREA — An area set aside outside
of a building or structure, used in conjunction with a business located
within the building or structure on the same property, for exhibiting
in an orderly manner finished products sold by a business located
on the same property.
[Added 2-22-99 by Ord. No. 99-10]
Nothing herein contained shall be interpreted to preclude any
interested party from filing a complaint in Municipal Court, if the
interested party is dissatisfied with a written decision of the Zoning/Code
Enforcement Officer and/or his/her designee as it relates to the issuance
of a summons. All such complaints must be filed within 20 days of
the interested party's receipt of the Zoning/Code Enforcement Officer's
and/or his/her designee's notice of decision.
[Added 10-8-18 by Ord. No. 18-23]
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of, or any other entity determined
by the Township of East Brunswick to have authority to act with respect
to the property.
Shall mean any building or structure intended for or having
an existing commercial, industrial, mixed-use, single or multifamily
residential use, and which is not legally occupied or at which substantially
all lawful commercial, business, construction operations or residential
occupancy has ceased, or said structure is in such condition that
it cannot legally be occupied without repair, renovation, or rehabilitation;
provided, however, that any property that contains all building systems
or components in working order and is being actively marketed by its
owner for sale or rental, shall not be deemed vacant. Property determined
to be "abandoned property" in accordance with the meaning of such
term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78
et seq., which shall include commercial, industrial, single or multifamily,
or mixed-use residential structures are deemed to be vacant property
for the purposes of this section. However, the owner or owner's agent
shall maintain and secure the property even if the property, building,
or structure has been placed for sale or rental until such time as
the property, building, or structure is sold or rented and occupied.
A.
Effective January 1, 2019, the owner of any vacant property or structure as defined herein shall within sixty (60) days after the building or structure becomes vacant property or within thirty (30) days after assuming ownership of the vacant property or structure, whichever is later, file a registration statement for said vacant property or structure with the Code Enforcement Officer on forms provided by the Township of East Brunswick for such purposes. The registration shall remain in effect for a calendar year (January to December). The owner shall be required to renew the registration annually due in January 1 as long as the building or structure remains vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 166-19.4 of this section for said vacant property registered.
B.
Any owner of any building that meets the definition of vacant property
prior to January 1, 2018, shall file a registration statement for
that property on or before March 1, 2019. The registration statement
shall include the information required under the appropriate subsection
of this section as well as any additional information that the Township
may reasonably require.
C.
The owner shall notify the Code Enforcement Officer or any other
designated Township representative within thirty (30) days of any
change in the registration information by filing an amended registration
statement on a form provided by the Township for such purpose.
D.
The registration statement shall be deemed an official record and
business record in any administrative enforcement proceeding or court
proceeding instituted by the Township of East Brunswick against the
owner, owners, or other responsible parties responsible for the building
or structure.
Editor's Note: Registration form located at the end of Section 166-19.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property or structure shall provide
access by the Township's agent or representative to conduct an exterior
inspection of the building to determine compliance with the Municipal
Code, following reasonable notice, during the period covered by the
initial registration or any subsequent renewal.
A.
The registration statement shall include the name, street address
and telephone number of a person twenty-one (21) years of age or older,
designated by the owner or owners as the authorized agent for receiving
notices of code violations and for receiving process, in any court
proceeding or administrative enforcement proceeding, on behalf of
such owner or owners in connection with the enforcement of any applicable
code. This person must maintain an office in the State of New Jersey.
The statement shall also include the name of the person responsible
for the maintenance and security of the property, if different.
B.
An owner who is a person who meets the requirements of this section
as to location of residence or office may designate him or herself
as agent.
C.
By designating an authorized agent under the provisions of this section
the owner or designated agent consents to receive any and all notices
of code violations concerning the registered vacant property and all
process in any court proceeding or administrative enforcement proceeding
brought to enforce code provisions concerning the registered building
by service of the notice or process on the authorized agent. Any owner
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner notifies
the Township's agent or representative of a change of authorized agent
or until the owner files a new annual registration statement. The
designation of an authorized agent in no way releases the owner from
any requirement of this section.
The initial registration fee for each building shall be five
hundred ($500.00) dollars. The fee for the first renewal is one thousand
($1,000.00) dollars, and the fee for the second renewal is one thousand
five hundred ($1,500.00) dollars. The fee for any subsequent renewal
beyond the second renewal is two thousand ($2,000.00) dollars.
|
Vacant Property/Building Registration Fee Schedule
| |
|---|---|
|
Initial registration
|
$500.00
|
|
First renewal
|
$1,000.00
|
|
Second renewal
|
$1,500.00
|
|
Any subsequent renewal
|
$2,000.00
|
The owner, owners, or the authorized agent of any building that
has become or is a vacant property, and any person maintaining, operating
or collecting rent for any such building that has become vacant shall,
within thirty (30) days. Shall enclose and secure the building against
unauthorized entry (until the building is legally occupied or demolished
or until repair or rehabilitation of the building is complete) as
provided in the applicable provisions of the State of New Jersey and
the Township of East Brunswick, or as set forth in rules and regulations
adopted by the Township of East Brunswick to supplement those codes.
The Township of East Brunswick may issue rules and regulations
for the administration of the provisions of this section, as it deems
necessary.
A.
Any owner who is not in full compliance with this Chapter 166 or who otherwise violates any provision of this chapter or of the rules and regulations issued hereunder shall be in addition to the payment of the prescribed licensing fee subject to a fine of not less than $230 and not more than $2,000 for each offense, unless otherwise specified below. Every day that a violation continues shall constitute a separate and distinct offense. A first offense within 12 months does not require a court appearance. However, any additional offenses within 12 of the preceding offense will require a court appearance. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property and all such legal fees associated with any reasonable cost recoverable from the owner as well.
[Amended 9-14-2020 by Ord. No. 20-16]
B.
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of subsection 166-19.2 through and including subsection 166-19.5 of this section, or such other matters as may be established by the rules and regulations of the Township of East Brunswick shall be deemed to be violations of this section.
C.
Nothing in this section is intended to nor shall be read to conflict
or prevent the Township of East Brunswick from taking action against
owners of buildings or structures found to be unfit for human habitation
or are unsafe structures as provided in applicable provision of the
Code of the Township of East Brunswick, including but not limited
to provisions of the State or Township Building or Property Maintenance
Codes. Further, any action taken under any such code provision other
than the demolition of a structure shall relieve an owner from its
obligations under this section.
D.
Any owner who is not in full compliance with the New Jersey State Housing Code, as adopted pursuant to § 166-1, is subject to the following penalties:
[Added 9-14-2020 by Ord.
No. 20-16]
|
Offense
|
Fine
|
Court Appearance
|
|---|---|---|
|
First offense in prior 12 months
|
Not less than $230 (in addition to licensing fee)
|
Yes
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
E.
Any owner who is not in full compliance with § 166-10, as it pertains to the maintenance of landscaping, is subject to the following penalties:
[Added 9-14-2020 by Ord.
No. 20-16]
|
Offense
|
Fine
|
Court Appearance
|
|---|---|---|
|
First offense in prior 12 months
|
Not less than $230 (in addition to licensing fee)
|
Yes
|
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
Editor's Note: The Registration Form for Abandoned/Vacant Commercial or Residential Properties is included as an attachment to this chapter.
