[Ord. No. 1916 § 1.1;
1983 Code Part VI T.49 § 1.1]
This Article shall be known as "The Property Maintenance Code
of the City of Summit," and may be referred to in this section in
short form as "this Code."
[Ord. No. 1916 § 1.2;
1983 Code Part VI T.49 § 1.2]
It is hereby found and declared that there exists in the City
of Summit structures used for residential and nonresidential uses,
which are, or may become in the future, substandard with respect to
structure, equipment or maintenance, or further that such conditions
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, or unsanitary conditions
and overcrowding, constitute a menace to the health, safety, welfare
and reasonable comfort of the citizens and inhabitants of the City.
It is further found and declared that by reason of lack of maintenance
and 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, blight may be prevented,
and the neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
[Ord. No. 1916 § 1.3;
1983 Code Part VI T.49 § 1.3]
The purposes of this Code are to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of residential and
nonresidential premises, to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make the aforesaid facilities fit for human habitation,
occupancy and use, to fix certain responsibilities and duties upon
owners and operators, and distinct and separate responsibilities and
duties upon occupants, to authorize and establish procedures for the
inspection of residential and nonresidential premises, to establish
procedures for implementing the requirements of this Code, to fix
penalties for the violations of this Code, and to provide for the
repair, demolition or vacation of premises found to be in violation
of this Code.
[Ord. No. 1916 § 1;
1983 Code Part VI T.49 § 2.1]
Every residential, nonresidential or mixed occupancy building
and the premises on which it is situated, used or intended to be used
for dwelling, commercial, business or industrial occupancy, shall
comply with the provisions of this Code, whether or not such building
shall have been constructed, altered or repaired before or after the
enactment of this Code, and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the building
or premises, for the construction or repair of the building, or for
the installation or repair of equipment or facilities prior to the
effective date of this Code.
[Ord. No. 1916 § 2;
1983 Code Part VI T.49 § 2.2]
In any case where the provisions of this Code impose a higher
standard than set forth in any other local ordinances 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 other local ordinances or of the laws of the State of New
Jersey, then the higher standard contained in such other ordinances
or law shall prevail.
[Ord. No. 1916 § 2;
1983 Code Part VI T.49 § 2.3]
No license or permit or other Certification of Compliance with
this Code shall constitute a defense against any violation of any
other local ordinance applicable to any structure or premises, nor
shall any provision herein relieve any owner, operator, or occupant
from complying with any such other ordinance.
[Ord. No. 1916 § 3;
1983 Code Part VI T.49 § 3.1]
Owners and operators shall have all the duties and responsibilities
prescribed herein, and no owner or operator shall be relieved from
such duties or responsibilities nor be entitled to defend against
any charge of violation thereof by reason of the fact that the other
of them or the occupant is also responsible therefor and in violation
thereof.
[Ord. No. 1916 § 3;
1983 Code Part VI T.49 § 3.2]
Occupants shall have all the duties and responsibilities prescribed in Sections 15-4 and 15-5 hereof and occupants shall not be relieved of any such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator or both is or are also responsible therefor and in violation thereof.
[Ord. No. 1916; 1983 Code
Part VI T.49 § 3.3]
Unless expressly provided to the contrary in this Code, the
respective duties and responsibilities imposed hereunder on the owner,
operator and occupants shall not be altered or affected by any agreement
or contract to which one or more of them is or are a party or parties.
[Ord. No. 2026 § 1;
1983 Code Part VI T.49 § 4.1; Ord. No. 2166 § 1]
The provisions of this section shall be applicable to commercial,
business, industrial or any other nonresidential structures and premises
and shall constitute the standards to guide the Department of Community
Services in determining the fitness of premises for human use and
occupancy, and in determining whether premises are being maintained
in such condition as not to constitute a blighting effect upon neighboring
properties nor an element leading to a progressive deterioration and
downgrading of neighboring properties with an accompanying diminution
of property values.
[Ord. No. 1916 § 4;
1983 Code Part VI T.49 § 4.2; Ord. No. 2166 § 2]
The words, terms or phrases listed below, for the purposes of Section 15-4 of this Code are hereby defined and shall be interpreted as follows:
Shall mean any enclosed space which contains one (1) or more
of the following, i.e., bathtub, shower, water closet, lavatory, water
closet compartment, washbowl, sink or fixtures serving similar purposes.
Shall mean any building or structure, or part thereof, whether
used for human habitation or otherwise, and includes any outbuildings
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the Department of Community Services and its agents.
Shall mean any vehicle used primarily for commercial use
and registered at a gross weight in excess of six thousand (6,000)
pounds.
Shall mean the condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
wear.
Shall mean any room or any part thereof located within a
building and forming a single habitable unit with facilities which
are used, or designed to be used for living, sleeping, cooking and
eating.
Shall mean any premises, or part thereof, which may be lawfully
viewed by the public, or any member thereof, from a sidewalk, street,
alleyway, parking lot or from any adjoining or neighborhood premises.
Shall mean (a) any part of the premises not occupied by any
building thereof; (b) any open space on the outside of any building;
or (c) any part of any building which is exposed to the elements.
Shall mean the control and elimination of insects, rodents,
bats, birds, pigeons, and vermin by eliminating their harborage places;
or by removing or making inaccessible material that may serve as their
food; or by poisoning, spraying, fumigating, trapping or any other
approved means of pest elimination.
Shall mean the animal and vegetable and other organic waste
resulting from the handling, preparation, cooking and consumption
of food or other products.
Shall mean the presence, on or within a premises, of any
insects, rodents, bats, birds and pigeons, or other pests.
Shall mean a rented room or group of rooms, containing no
cooking facilities, used for living purposes by a separate family
or group of persons living together or by a person living alone, within
a building.
Shall mean any building containing one (1) or more dwelling
units or lodging units and also having a portion thereof devoted to
nonresidential uses.
Shall mean:
Any public nuisance known in law or equity jurisprudence, or
as provided by the Statutes of the State of New Jersey, or the ordinances
of the City of Summit.
Any inadequately protected well, shaft, basement, excavation,
abandoned motor vehicle, structurally unsound fence or building, lumber,
trash, debris, storage of excavated material, or vegetation such as
poison ivy, oak or sumac, or other condition which is or may be detrimental
to the safety or health of persons.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
An offensive, annoying, unpleasant or obnoxious thing or practice,
or cause or source of annoyance, and especially a continuing or repeating
invasion or disturbance of another's rights, including the actual
or potential emanation of any physical characteristics or activity
or use across a property line which can be perceived by or affects
a human being, or the generation of an excessive or concentrated movement
of people or things, or any characteristic detrimental to the value
or use of an adjacent property, such as:
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibration.
Shock waves.
Heat.
Objectionable effluent.
Any adverse effect on a value or desirability of nearby property
caused by such matters as exposed storage of inoperable automobiles,
junk, materials, and neglect or dilapidation of land or buildings.
Unusual risks of fire or explosion, such as manufacture and/or
storage of wood, fuel, or explosives.
Parking of motor vehicles in required front yards, on other
than established driveways.
Displaying or permitting the display of any goods, wares or
merchandise upon the sidewalks of the City, unless with permission
of the proper City official.
Shall mean any room or group of rooms or part thereof forming
a single usable unit (used or intended to be used, or designed to
be used, for nonresidential purposes) and located within a building
used or intended to be used, in whole or in part, for commercial business,
industrial or any other nonresidential occupancy.
Shall mean any person or persons, including the owner, in
actual possession of, and using an entire building or any occupancy
unit in a building.
Shall mean any person who has charge, care or control of
a premises, or part thereof, whether with or without the knowledge
and consent of the owner.
Shall mean the holder or holders of the title to premises
in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall be given the same meaning as defined in New Jersey
Annotated 1:1-2.
Shall mean a lot, plot or parcel of land and any buildings
located thereon.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes) including, but not limited to: garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles and solid
market and industrial wastes.
Shall mean and include all combustible and noncombustible
waste material, except garbage.
Shall mean any assembly of materials forming a construction
including, but not limited to, buildings, stadiums, tents, reviewing
stands, platforms, stagings, towers, poles, water tanks, trestles,
open sheds, bins, shelters, fences, walls, mobile homes or trailers,
portable buildings, display racks and signs, swimming pools, tennis
courts, and patios.
Shall mean the property of admitting the passage of light,
but diffusing it so that objects beyond it cannot be clearly distinguished.
Shall mean an enclosure containing a single water closet.
Shall mean deterioration, decay or damage caused by exposure
to the elements.
Shall mean an opening in the wall or roof of a building for
the admission of light, which opening may be closed to the elements
by easements or sashes containing glass or other transparent or translucent
material.
Shall mean that area of a building in proximity to the inner
surface of a window which is designed or used for the viewing of the
interior and the display of items representative of any good or services
pertaining to the business therein.
Meaning of certain words. Whenever, in describing or referring
to any person, party, matter or thing, any word importing the singular
number or masculine gender is used, the same shall be understood to
include and to apply to several persons or parties as well as to one
(1) person and to females as well as males, and to bodies corporate
as well as individuals and to several matters and things as well as
one matter or thing.
[Ord. No. 1916 § 4;
1983 Code Part VI T.49 § 4.3]
a.
The exterior of the premises shall be kept free of litter (including
without limiting the generality of the foregoing, discarded, windblown,
deposited, dropped or strewn paper, wrappings, cardboard, bottles,
cans, and boxes) and all nuisance and hazards to the safety of tenants,
occupants, pedestrians and other persons having access to the premises,
and free of unsanitary conditions. Any of the foregoing shall be promptly
removed and abated. The words "Hazards" shall include but is not limited
to the following:
1.
Refuse: Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, rubbish, refuse and debris of any description.
2.
Natural Growth: Dead and dying trees and other natural growth which,
by reason of rotting or deteriorating conditions or storm damage,
are or may be dangerous to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions.
3.
Overhangings: Loose, overhanging and projecting objects or accumulations
of ice and snow which by reason of location above ground level constitute
dangers to persons in the vicinity thereof.
4.
Ground, Surface and Unsanitary Conditions: Holes, excavations, breaks,
projections, obstructions and excretion of pets or other animals on
paths, sidewalks, walks, driveways, parking lots and parking areas,
and other parts of the exterior of the premises which are accessible
to and used by persons having access to such premises.
5.
Recurring Accumulation of Storm Water: Adequate run-off drains shall
be provided and maintained in accordance with City ordinances to eliminate
any such recurrent or excessive accumulation of storm water. Leaders
and gutters shall be maintained in good condition and capable of performing
their functions.
6.
Sources of infestation.
7.
Foundation walls which are not structurally sound, free from defects
and damage, or capable of bearing imposed loads safely.
8.
Chimneys, flues and vent attachments thereto which are not structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed and constructed.
Chimneys, flues, gas vents and other draft producing equipment shall
provide sufficient draft to develop the rated output of the connected
equipment, shall be structurally safe, durable, smoke tight, and capable
of withstanding the action of the flue gases.
9.
Exterior porches, landings, balconies, stairs and fire escapes which
are not provided with properly designed and structurally sound bannisters
or railings or which are not kept in good repair, well painted or
otherwise provided with a protective treatment to prevent deterioration,
and free from defects.
[Ord. No. 1916 § 4; Ord. No. 2026; 1983 Code Part VI T.49 § 4.4]
a.
The exterior of the premises shall be maintained so that the appearance
thereof shall reflect a level of maintenance in keeping with the standards
of the neighborhood or such higher standards as may be adopted by
the City of Summit and such that the appearance thereof shall not
constitute a blighting effect upon neighboring properties nor an element
leading to a progressive deterioration and downgrading of neighboring
properties with an accompanying diminution of property values including
the following:
1.
Landscaping: Where exposed to public view the landscaping of premises
shall be maintained in an orderly state with lawns and bushes trimmed
and free from becoming overgrown, littered and unsightly where such
would constitute a blighting effect, depreciating adjoining and nearby
property. Open areas shall be graded evenly to eliminate holes, depressions,
gullies, mounds, accumulations of debris, excavated material or other
unsightly or unsafe conditions.
2.
Signs and Billboards: All permanent signs and billboards exposed
to public view shall be maintained in good repair. Any sign or billboard
which has weathered excessively or peeled or cracked shall, with the
supporting members, be removed forthwith or put into a state of good
repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supporting members, be removed forthwith.
3.
Windows and Window Display Areas: All windows exposed to public view
shall be kept clean and free of marks and foreign substances. Except
when necessary in the course of changing displays, no storage of materials,
stock or inventory shall be permitted in window display areas ordinarily
exposed to public view unless such areas are first screened by drapes,
venetian blinds, or other means of making the windows nontransparent.
All screening of interiors shall be maintained in a clean and attractive
manner and in good state of repair.
4.
Repair and Painting of Exteriors of Buildings: All storefronts and
the exteriors of all buildings shall be kept in good repair, painted
where required or otherwise provided with protective treatment sufficient
to prevent deterioration and shall not constitute a safety hazard
or nuisance. In the event repairs to the storefront become necessary,
such repairs shall be made in harmony with the original design with
the same materials or materials of appearance similar to those used
in the construction of the storefront in such a manner as to permanently
repair the damaged area or areas.
5.
Signs or Advertisements; Removal: Except for "for rent" signs, any
temporary sign or other advertising material glued or otherwise attached
to a window or otherwise exposed to public view shall be removed;
(i) at the expiration of the event or sale for which it was erected
or posted; or (ii) within sixty (60) days after it was erected or
posted, whichever shall have occurred sooner.
Except during the course of repairs or alterations, not more
than thirty-three and one-third (33 1/3%) percent of the square
footage of any single window or single window display area shall be
devoted to temporary signs or other advertising material attached
thereto or otherwise exposed to public view.
6.
Awnings and Marquees: Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
be so maintained as to not constitute a nuisance or a safety hazard.
In the event any such awning or marquee is not properly maintained
in accordance with the foregoing, it shall, together with its supporting
members, be removed forthwith. In the event any such awning or marquee
is made of cloth, plastic, or of similar materials, the materials,
where exposed to public view, shall be maintained in good conditions
and shall not show evidence of excessive weathering, discoloration,
ripping, tearing, or other deterioration. Nothing herein shall be
construed to authorize any encroachment of an awning, marquee or its
accompanying structural members on streets, sidewalks, or other parts
of the public domain.
7.
Scaffolding: No temporary painting scaffold or other temporary equipment
used for construction, repair or maintenance shall be permitted to
remain in place beyond a period of ninety (90) days after erection
or placement thereof without permission of the Code Enforcement Officer.
[Ord. No. 1916 § 4;
1983 Code VI T.49 § 4.5]
a.
The roof of every building shall be maintained water-tight and the
exterior of every building, including gutters and leaders, shall be
maintained in good repair, and all exterior surfaces thereof shall
be kept painted or otherwise provided with a protective treatment
where necessary for purposes of preservation and appearance. All exterior
surfaces thereof shall be maintained free from broken glass, loose
shingles or siding, crumbling masonry, excessively peeling paint or
other condition reflective of deterioration or inadequate maintenance
to the end that the building itself may be preserved, safety and fire
hazards eliminated, and adjoining properties and the neighborhood
protected from blighting influences.
[Ord. No. 1916 § 4; Ord. No. 2026; 1983 Code Part VI T.49 § 4.6]
a.
Floors, interior walls and ceilings of every structure shall be structurally
sound and maintained in good repair and in a clean and sanitary condition.
Floors shall be considered to be structurally sound when capable of
safely bearing normal imposed loads. Walls and ceilings shall be considered
to be in good repair when clean, free from cracks, breaks, loose plaster,
excessive blistering paint and similar conditions.
The Code Enforcement Officer may order the owner to clean, repair, paint, whitewash, or paper such walls, floors or ceilings, when a wall, floor or ceiling within a building has deteriorated as to provide a harborage for rodents or vermin, or the plaster, wallboard or other covers have become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in paragraph b of subsection 15-4.8.
b.
Bathroom and water closet compartment floors, walls and ceilings
where deemed necessary by the Code Enforcement Officer shall be surfaced
with water resistant material and shall be kept in a dry, clean and
sanitary condition at all times.
c.
Supporting structural members shall be kept structurally sound, free
from deterioration and capable of safety bearing imposed loads.
d.
In buildings containing not more than four (4) occupancy units, it
shall be the responsibility of each of the occupants and, in buildings
containing more than four (4) occupancy units, it shall be the responsibility
of the owner and operator to furnish such receptacles as are needed
for the proper storage of garbage and rubbish until removal thereof
and to provide for the periodic removal of all garbage and rubbish
from the premises in accordance with the regulations and ordinances
of the City of Summit.
e.
Storage bins, rooms and areas shall not be used for the storage of
accumulated garbage and rubbish unless:
1.
Such garbage is stored in watertight receptacles or other material
approved by the Code Enforcement Officer and covered with tight fitting
lids;
2.
Such rubbish is stored in nonleaking receptacles of metal or other
material approved by the Code Enforcement Officer;
3.
Such storage bins, rooms and areas are of smooth, easily cleanable
construction and are kept in a sanitary condition;
4.
When rubbish and garbage are stored inside the building, the room
or area containing the rubbish and garbage shall be so constructed
or protected as to prevent the spread of fire to other parts of the
building or buildings;
5.
Such areas, if located outside of a building and visible from any
public walk, street or public parking area, are shielded by a method
approved by the Code Enforcement Officer and constructed in compliance
with the applicable provisions of all applicable ordinances of the
City of Summit.
f.
Rubbish and garbage shall be readily accessible for collection, stored
in such manner as to constitute the least likelihood of becoming a
fire hazard and shall be placed or kept on the property within the
building located thereon or not nearer to the street line than the
building line or nearer to the street line than the face of the building,
whichever distance from the street line is greater, except during
any "clean-up week" proclaimed by the Common Council.
g.
Flammable or combustible liquids or other materials shall not be
stored on the premises unless they are of a type approved for storage
by regulation of the Fire Department and then only in such quantities
and in such fireproof storage containers as may be prescribed by applicable
Fire Department regulations.
h.
Every occupant of a single occupancy unit in a building comprising
a single occupancy unit shall be responsible for the extermination
of any insects, rodents or other pests therein or on the premises.
Whenever infestation exists in one (1) or more of the occupancy
units in any building or in the common parts of any building containing
two (2) or more occupancy units, extermination thereof shall be the
responsibility of the owner and operator.
[Ord. No. 1916 § 4;
1983 Code Part VI T.49 § 4.7]
a.
Every building shall be provided with electric service, where required,
in accordance with the standards of the National Electrical Code,
as amended from time to time.
b.
Every bathroom and water closet compartment shall be provided with
permanently installed and operating artificial lighting fixtures with
switches and wall plates so located and maintained that there is no
danger of electrical shock from a simultaneous contact with a water
supply fixture.
c.
Maximum fuse sizes as specified by the National Electrical Code,
as amended from time to time, shall be posted conspicuously on the
inside cover of all fuse boxes and no fuse shall be installed therein
in excess of the stated maximum. Owners and operators shall not be
held responsible for violations in fuse sizes where the correct maximum
size is stated and the fuse box is located within any part of the
building which is in the exclusive possession of an occupant or occupants
other than the owner.
d.
In the absence of any contract or written agreement to the contrary,
it shall be the duty and responsibility of the owner or person in
charge of any building to supply heat sufficient to maintain a minimum
inside temperature of sixty-eight (68°) degrees Fahrenheit in
all offices and stores therein during the normal working hours thereat,
except in rooms specifically designed for cold temperatures. The temperatures
shall be taken as close as possible to the center of the room at a
height approximately three (3') feet above the floor.
[Ord. No. 1916 § 4; Ord. No. 2026; 1983 Code Part VI T.49 § 4.8]
a.
Upon discovery by an occupant of any condition on the premises which
constitutes a violation of this Code, the occupant shall report the
same to the owner or operator thereof, and if necessary to the Code
Enforcement Officer responsible for enforcement of this Code.
b.
All parts of the premises under the control of an occupant shall
be kept in a clean, sanitary and safe condition by the occupant and
the occupant shall refrain from performing any acts which would render
other parts of the premises unclean, unsanitary or unsafe, or which
would prevent the owner or operator from performing any duty required
hereunder.
[Ord. No. 1916; 1983 Code
Part VI T.49 § 4.8]
With respect to residential structures and premises, and pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-1 et seq.) the New Jersey State Housing Code (as currently amended and supplemented), as approved by the Department of Community Affairs and filed in the Secretary of State's Office, is hereby accepted, adopted and established as a standard to be used in determining whether residential structures, premises or dwellings in this municipality are safe, sanitary and fit for human habitation. Three (3) copies of the New Jersey State Housing Code (as currently amended and supplemented), have been placed on file in the office of the City Clerk and are available to all persons desiring to use and examine the same.
[Ord. No. 1916; Ord. No. 2026 § 6.1; Ord. No. 2109 § 1; 1983 Code
Part VI T.49 § 6.1; Ord. No. 2166 § 3]
a.
Inspections. The Department of Community Services and its agents
are hereby authorized and directed to exercise the powers prescribed
by this Code, to enforce this Code, and to make inspections to determine
the condition of commercial, business and industrial premises, structures
and buildings, residential premises, structures and buildings and
dwellings, dwelling units and lodging units (hereinafter "premises")
located within the City of Summit in order that it may perform its
duty of safeguarding the health, welfare and safety of the occupants
thereof and of the general public. No inspection shall interfere with
the legal or constitutional rights of the owner, operator or occupant.
Every occupant shall give the owner thereof, or his agent or employee,
access at all reasonable times for the purpose of making such repairs
or alterations as are necessary to effect compliance with the provisions
of this ordinance or with any lawful rule or regulation adopted or
any lawful order issued pursuant to the provisions of this section.
b.
Certificate of Continued Occupancy. In conjunction with this Code,
and with the Development Regulations Ordinance, and upon a transfer
or change in use, title, or tenancy of any lot, tract, or building
or part thereof, a Zoning Certificate of Occupancy shall be required,
except that no certificate shall be required for a transfer of title
which is exempt from the payment of the realty transfer imposed under
New Jersey Public Law 1968, c. 49, as amended, by reason of a deed
(i) for a consideration of less than one hundred ($100.00) dollars;
(ii) which confirms or corrects a deed previously recorded; (iii)
between husband and wife, or parent and child; (iv) in specific performance
of a final judgment; (v) by an executor or administrator of a decedent
to a devisee or heir to effect distribution of the decedent's
estate in accordance with the provisions of the decedent's will
or the intestate laws of the State of New Jersey; or (vi) recorded
within ninety (90) days following the entry of a divorce decree which
dissolves the marriage between the grantor and grantee. No certificate
shall be issued until the property has been inspected and violations
abated as follows:
1.
Inspection for owner-occupied one (1) and two (2) family dwellings
shall include the following:
(a)
Existing sidewalks, curbs and driveway aprons conform to City
ordinance;
(b)
Obstructions to pedestrian passage along sidewalks in the right
of way are eliminated;
(c)
Swimming pool fences and gates are in place and operative;
(d)
Recreational vehicles are properly enclosed;
(e)
House numbers are properly displayed;
(f)
Sight triangles are unobstructed;
(g)
Smoke detectors are installed and operating as required by State
law;
(h)
Illegal sump pump, roof drain or other connections to sanitary
sewers are eliminated.
(i)
Heating units are in proper operating condition;
(j)
Proper handrails and guards are in place on all stairs greater
than three (3) steps;
(k)
Construction permits have been obtained and certificates have
been issued for all work as required by the N.J. Uniform Construction
Code or other State law;
(l)
Plumbing, electrical, fire or building hazards are eliminated;
and
(m)
Use of the property conforms to zoning.
2.
Inspection for all other buildings, uses and occupancies shall include
all of the above, and the following:
(a)
Interior and exterior physical conditions comply with all elements
of this section;
(b)
Adjacent sidewalks, curbs, driveways and parking areas are free
of defects and hazards;
(c)
Landscaping, fences and similar features are in good repair;
(d)
Compliance with all construction and fire codes as required
by State Statute; and
(e)
Compliance with all requirements of the Zoning Ordinance.
c.
The department shall have the authority to order correction of any
defect or condition found during the inspection and determined by
the Chief Inspector to be materially adverse to public health, safety
or welfare.
d.
A temporary zoning certificate of occupancy may be issued pursuant
to Section 7.15-3 of the Development Regulations Ordinance.
[Ord. No. 1916 § 6; Ord. No. 2026; 1983 Code Part VI T.49 § 6.2]
The Board of Health and its agents shall continue to have enforcement
authority over any violations of applicable laws, Codes, rules or
regulations, either independently of the Office of Code Administration
or in cooperation with it.
[Ord. No. 1916; Ord. No. 2026; Ord. No.
2096 § 1; 1983 Code Part VI T.49 § 6.3; Ord. No. 09-2865 § 1]
a.
Whenever the Office of Code Administration determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this Article, or of any rule or regulation adopted
pursuant thereto, it shall give notice of such alleged violation to
the person or persons responsible therefor as hereinafter provided.
Such notice shall (a) be put in writing; (b) include a statement of
the reasons why it is being issued; (c) (1) allow a minimum of five
(5) days for correction of the violation, (2) thereafter, if the violation
has not been corrected, the Office of Code Administration is authorized,
at its option, to go to the Municipal Court for compliance or send
a second notice, (3) if the violation is not corrected at the end
of the second notice time period, the Office of Code Administration
may go to the Municipal Court for compliance, unless weather conditions
will not allow for compliance.
b.
A violation that is recurring justifies imposition of an immediate
fine without the necessity for additional notice or interval in which
correction can be made. A violation shall be deemed to be a recurring
violation not requiring written notice or additional time for abatement
if a violation occurs within two (2) years from the date that a previous
notice was served and the violation, premises and responsible party
are substantially the same.
[Ord. No. 1916; Ord. No. 2026; 1983 Code Part VI T.49 § 6.4]
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Article, or of any rule
or regulation adopted pursuant thereto may seek relief therefrom in
any Court of competent jurisdiction, as provided by the laws of this
State.
[Ord. No. 1916; Ord. No. 2026; Ord. No.
2096 § 2; 1983 Code Part VI T.49 § 6.8]
Whenever the Office of Code Administration finds that an emergency
exists which requires immediate action to protect the public health
or safety or the health or safety of the occupants or users of any
premises, it may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as it deems necessary to meet the emergency. Notwithstanding
the other provisions of this Article, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Director of Community
Services shall be afforded a hearing as soon as possible. After such
hearing, depending upon his findings as to whether the provisions
of this Article and of any rules or regulations adopted pursuant thereto
have been complied with, the Director of Community Services shall
continue such order in effect, or modify it or revoke it.
[Ord. No. 1916; Ord. No. 2026; 1983 Code Part VI T.49 § 6.9]
a.
Who May Apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this Code without having a right of access to the premises through or across adjoining premises not owned by him or under his control, and where right to access has been refused, or where the owner or person empowered to grant such access cannot be found or located, and upon the filing of an affidavit by such owner, operator or occupant with the Code Enforcement Officer setting forth the facts and applying for a Certificate of Necessity, the Code Enforcement Officer shall serve written notice of a hearing on the application upon the applicant for such Certificate and upon the owner or person empowered to grant such access. Such notice of hearing shall state the matters set forth in subsection 15-6.3 hereof. At least ten (10) days notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Code Enforcement Officer in the exercise of reasonable diligence, at least thirty (30) days notice thereof shall be given.
b.
Hearing. On the day fixed for hearing, the Code Enforcement Officer
shall provide opportunity for the owner or person empowered to grant
such access to state why such access should not be granted.
c.
Conditions for Issuance of Certificate. If the Code Enforcement Officer
determines that such access is necessary to accomplish or complete
repairs or improvements for compliance with this Code, then the Code
Enforcement Officer shall issue a Certificate of Necessity granting
and ordering access and setting forth therein the person or persons
to whom the certificate shall apply, such conditions as shall be necessary
to protect adjoining property, reasonable time limits during which
such certificate shall operate, precautions to be taken to avoid damage
and, where the Code Enforcement Officer deems proper, that a bond
be procured at the expense of the person seeking such access to secure
such adjoining property owner against damage to person or property
arising out of such right of access. The amount set for the bond shall
take into consideration the extent, nature and duration of the repairs
and improvements, the proximity thereof to the premises over which
access has been sought and the potential risk of damage thereto. The
bond, if required, shall be filed with the Code Enforcement Officer.
d.
Refusal to Comply with Certificate. Any refusal to comply with a
certificate issued hereunder, or any interference with the purpose
for which a certificate is issued, shall be a violation of this Code,
and, in addition to the penalties provided hereunder, the Code Enforcement
Officer may upon affidavit, setting forth the facts, apply to the
appropriate court for a warrant authorizing access.
[Ord. No. 1916; Ord. No. 2026; 1983 Code Part VI T.49 § 6.9]
The Office of Code Administration is hereby authorized and empowered
to make and adopt such written rules and regulations as it may deem
necessary for the proper enforcement of the provisions of this Article,
provided however that such rules and regulations shall not be in conflict
with the provisions of this Article, nor in any way alter, amend,
or supersede any of the provisions thereof. The Office of Code Administration
shall file a certified copy of all rules and regulations which it
may adopt with the City Clerk.
[Ord. No. 1916; 1983 Code
Part VI T.49 § 6.11; Ord. No. 09-2865 § 1]
No person shall occupy as owner or occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code (as supplemented and amended), established hereby
as the standard to be used in determining whether a dwelling is safe,
sanitary and fit for human habitation.
[Ord. No. 1916; 1983 Code
Part VI T.49 § 6.12]
No person shall occupy as owner or occupant, or rent to another for occupancy, any commercial, business or industrial building or premises which does not conform to the provisions of Section 15-6.
[Ord. No. 1916; 1983 Code
Part VI T.49 § 6.13; Ord. No. 09-2865 § 1]
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5, except that any person, firm or corporation who shall violate any of the provisions of subsection 15-6.8 of this Article shall, upon conviction, be liable to the penalty of not less than one thousand two hundred fifty ($1,250.00) dollars for the first conviction and the maximum allowed by law for subsequent convictions. Each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 2026; 1983 Code
Part VI T.49 § 6.14]
In the event the person, firm or corporation convicted of a
violation of this Article has not corrected the condition for which
convicted within thirty (30) days after conviction, the Code Enforcement
Officer, with the concurrence of the Director of Community Services,
may take whatever action is deemed to be necessary to cure or abate
the violation. Before authorizing curative action the Code Enforcement
Officer shall give written notice to the owner of the property and
to the convicted defendant (if they are not one and the same) of the
proposed action to be taken, which notice shall include the fact that
the cost of the curative action will be assessed against the owner
of the lands.
Once curative action is undertaken, the Code Enforcement Officer
shall certify the cost thereof to the governing body, which shall
examine the certificate and if found correct, shall cause the cost
as shown thereon, to be charged against lands; the amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the same officer and in the
same manner as taxes.
[Ord. No. 1454; 1983 Code
Part VI T.34 § 1]
The intent of this Article is to establish the procedure for
the removal or destruction of brush, weeds, debris, etc. where necessary
to preserve the public health, safety, general welfare or to eliminate
a fire hazard.
[Ord. No. 1454; 1983 Code
Part VI T.34 § 2]
a.
If the Director of the Department of Community Services, the Chief
of Police, the Health Officer, the Fire Chief, the Construction Official
or Code Enforcement Officer shall determine that it is necessary and
expedient for the preservation of the public health, safety, general
welfare or to eliminate a fire hazard, to require the owner or tenant
of lands lying within the City to remove from such lands or destroy
brush, weeds, including ragweed, obnoxious growth, filth, garbage,
trash and debris, the City Official shall have a written notice to
the owner or tenant to remove or destroy the same within a ten (10)
day period after the notice, whereupon the owner or tenant shall be
obligated to remove or destroy the same within that time period.
b.
If the owner or tenant of lands receives a notice as referred to
in paragraph a., and shall refuse or neglect to remove or destroy
the items listed in the notice within the time prescribed therein,
these items including brush, weeds and obnoxious growth, including
ragweed, may be removed or destroyed by or under the direction of
the Director of the Department of Community Services, and the items
including filth, garbage, trash and debris may be removed or destroyed
by or under the direction of the City Engineer or Director of the
Department of Community Services. In deciding whether or not the items
shall or shall not be removed under the direction of the City Engineer
or Director of the Department of Community Services, Common Council
shall consider the best interests of the property owner in question,
neighboring property owners, the general public and the City, including
the costs each must bear, the respective benefits to each, and any
adverse consequences which may result from the removal or destruction.
[Ord. No. 1454; 1983 Code
Part VI T.34 § 3]
If brush, weeds, including ragweeds, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any lands pursuant to subsection 15-11.2b, by or under the direction of the Director of the Department of Community Services or the City Engineer, that official shall certify the cost thereof to the Common Council, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against the lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
