[Ord. #2008-04, S 1]
The purpose of this chapter is to protect the public health,
safety and welfare of individuals in the Township by establishing
minimum standards governing the maintenance and condition of premises
situated in the Township. This chapter establishes minimum standards
governing physical conditions essential to make such premises fit
for human habitation, occupancy and use; to prevent blighting conditions
and deterioration of property values; to authorize and establish procedures
for the inspection of such premises; and to fix penalties for the
violation of this chapter. This chapter is declared to be remedial
and essential for the public interest and it is intended that this
chapter be liberally construed to effectuate the purposes as stated
herein.
While the Township acknowledges the inherent benefits of applying
environmentally sound property management practices, a significant
purpose of this chapter is the prevention of blight and vandalism
within recognizably developed areas as well as environmentally sensitive
areas.
[Ord. #2008-04, S 1]
As used in this chapter:
Shall mean any structure or extension thereof or addition
thereto, or part thereof, used or intended to be used or designated
in whole or in part for commercial, retail, industrial, multi-family
residential use or occupancy, and single-family or two-family residential
property that has been abandoned or foreclosed, and includes any outbuildings
and appurtenances belonging to a Building or usually associated therewith.
Shall mean yard trimmings (except those in a managed compost
pile), rags, waste wood, or cardboard and other combustible waste
of nonvolatile, or explosive nature.
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 rain gardens, wooded areas, meadows, buffer areas,
ornamental plantings, conservation easements, wetlands and managed
compost piles. These areas are intended to be left in a natural state
and are exempt from the vegetative management requirements of this
chapter. However, these areas are not exempt from the garbage or hazard
management requirements of this chapter.
Shall mean the control and elimination of insects, rodents
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 by any other approved means of
pest elimination conducted by a pest control operator licensed by
the New Jersey Department of Environmental Protection and qualified
by categoric exam.
Shall mean the animal and vegetable and other organic waste
resulting from the handling, preparation, cooking and consumption
of food or other products of putrescible nature that are not part
of a managed compost pile.
Shall mean any one of the following conditions.
Refuse, broken glass, stumps, roots, obnoxious growths, filth,
garbage, trash, rubbish, and debris of any description.
Natural growth that is dead or dying and other natural growth
which, by reason of rotting or deteriorating conditions or stem damage,
is or may be dangerous to persons in the vicinity thereof.
Loose, overhanging or projecting objects and accumulations of
ice and snow that, by reason of location above ground level, constitute
dangers to persons in the vicinity thereof.
Holes, excavations, breaks, projections, obstructions 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.
Shall mean all solid waste material that does not burn.
Shall mean any of the following:
Any matter that creates foul and noxious odors, gases or vapors;
water in which mosquito larvae may breed; and all causes of disease
which in the Health Officer's opinion are injurious to the health
of the inhabitants of the Township.
Any inadequately protected well, shaft, basement, excavation,
structurally unsound fence or building, an accumulation of lumber,
trash, debris or vegetation such as poison ivy, poison oak or sumac,
or other condition that is or may be detrimental to the safety or
health of the inhabitants of this Township.
Physical conditions dangerous to life or detrimental to health
of persons on or near the premises where the condition exists.
The existence or presence of any accumulation of garbage, refuse,
manure, or animal or vegetable matter that may attract flies and rodents
or other vermin to which flies, rodents or other vermin have access,
or in which fly larvae or pupae breed or exist.
Manmade holes in the earth, depressions, gullies, mounds, accumulations
of debris including earth, or other ground conditions which in the
opinion of the Health Officer are unsafe or unhealthful to persons
on, about or near such conditions.
Grass or weeds in excess of 12 inches tall and within 10 feet
of a property line.
Shall mean all putrescible and nonputrescible solid wastes
including but not limited to: garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid wastes generated by
nonresidential use.
Shall mean and include all combustible and noncombustible
waste material, except garbage.
[Ord. #2008-04, S 1]
a.Â
The owner, agent, lessee, tenant, or occupant of every property used
in whole or in part for commercial, retail, industrial, or multi-family
purposes and single-family and two-family residential property that
has been abandoned or foreclosed shall keep the exterior areas of
such premises, or any other area of such premises to which the public
is invited, free of the following, as herein defined:
b.Â
In addition to the conditions listed in paragraph a above, such premises
shall be maintained free of any conditions that, in the opinion of
the Health Officer are unsanitary and detrimental to the health, safety
or welfare of inhabitants of the Township.
c.Â
The owner, agent, lessee, tenant or occupant of every building used
in whole or in part for commercial, retail, industrial, multi-family
residential use and single-family and two-family residential property
that has been abandoned or foreclosed, shall maintain all exterior
premises thereof free from broken glass, loose shingles or sidings,
crumbling masonry, excessive peeling of paint or other conditions
evidencing deterioration or inadequate maintenance to the end that
the building may be preserved, used safely, and fire hazards eliminated.
[Ord. #2008-04, S 1]
a.Â
The owner, agent, lessee, tenant or occupant of every property used
in whole or in part for commercial, retail, industrial, or multi-family
purposes and single-family and two-family residential property that
has been abandoned or foreclosed shall provide and keep on such premises,
in good repair, sufficient and suitable receptacles for receiving
and holding of refuse.
b.Â
Such receptacles shall be composed of rigid, water-tight metal, plastic,
or other impervious material, and shall have a tight-fitting cover,
and shall be so constructed as to prevent spilling or leakage of its
contents. All such receptacles shall be kept covered and shall be
cleaned and disinfected at least once a week.
c.Â
Such receptacles shall be conveniently located on the premises for
storage of refuse and maintained in such manner as to prevent the
creation of a nuisance or menace to public health.
d.Â
Disposal of material not fitting into or appropriate for such receptacles
(such as large bundles of newspapers, wrapping paper, cardboard) and
other wastes that are likely to be blown or scattered about the premises
shall be secured to prevent littering.
e.Â
The owner, agent, lessee, tenant or occupant of any property used
in whole or in part for commercial, retail, industrial, or multi-family
purposes and single-family and two-family residential property that
has been abandoned or foreclosed shall arrange for the removal of
refuse from such premises at least once a day, unless sufficient and
suitable facilities are provided and used for the storage of such
refuse until removal of the refuse from the premises.
[Ord. #2008-04, S 1]
The Health Officer of the Board of Health or his authorized
agent is hereby designated as the official of the Township to enforce
this chapter. Nothing herein contained shall preclude, however, the
Police Department or any other enforcement agency of the Township
from enforcing the provisions of this chapter.
[Ord. #2008-04, S 1]
a.Â
All premises used for commercial, retail, industrial, or multi-family
purposes and all premises used for single-family and two-family residential
purposes that have been abandoned or foreclosed shall be subject to
inspection from time to time by the authorized agent of the Board
of Health to determine the condition thereof and compliance with this
and other ordinances and codes of the Township of Montgomery and the
State of New Jersey. For the purpose of making such inspections, the
agent is hereby authorized to enter, examine and survey at all reasonable
times such premises provided, however, that such entries thereon are
made in such manner as to cause the least inconvenience to persons
in possession of the premises. One- and two-family residences shall
be subject to inspection in response to a complaint and/or when the
Health Officer has reason to believe that a violation of this chapter
exists.
b.Â
If the owner or occupant of any premises refuses to permit entry
for the purpose of inspection, the agent may apply to the Municipal
Judge of the Township for a search warrant. The application shall
be based upon an affidavit setting forth that the inspection is part
of a regular program of inspection or that conditions and circumstances
provide a reasonable basis for believing that a nuisance or unsanitary
or unhealthy condition exists on the premises in violation of this
chapter. If the Judge is satisfied as to the matters set forth in
the affidavit, the Judge shall authorize the issuance of a search
warrant permitting access to and inspection of the premises.
c.Â
Every lessee, tenant, occupant or person in possession of premises
shall give the owner or operator thereof access to that portion of
the premises occupied or in possession of such person at all reasonable
times for the purpose of making repairs, alterations or corrections
as are necessary to cause the premises to be brought into compliance
with the provision of this chapter or with any lawful order issued
pursuant to the provisions of this chapter.
[Ord. #2008-04, S 1]
a.Â
Whenever any condition is determined by the Board of Health or its
agent to be a nuisance or wherever a violation of this chapter is
found, notice shall be given to the owner or person in control of
the premises to remove or abate such condition within the time specified
in the notice but not less than 10 days from the date of service thereof
or such shorter time as the health officer shall direct where, in
his opinion, conditions warrant correction within a shorter time.
Service of such notice may be made upon the owner, agent, lessee,
tenant or occupant of the premises found to be in violation.
b.Â
If the owner, agent, lessee, tenant or occupant of the premises does
not comply with the notice within the time specified and fails to
remove or abate the nuisance or condition, such person shall be in
violation of this chapter. In the event that such person shall fail
to comply with the notice of the agent of the Board of Health, such
agent shall have the authority to proceed to abate the nuisance or
condition or cause it to be removed or abated in a summary manner
by such means as he shall deem proper.
c.Â
Whenever any cost or expense is incurred by the Board of Health of
the Township or other agencies of the Township, in abating or removing
or causing to be abated or removed any nuisance or other violation
of this chapter, the Township shall advise the owner, agent, lessee,
tenant or occupant of the cost and demand immediate reimbursement.
If such reimbursement is not provided within 30 calendar days after
receipt of the notice, such cost and expense shall be recovered pursuant
to N.J.S.A. 40:48-2.14 and the amount so charged shall thereupon become
a lien upon such land and shall be added to and form part of the taxes
next to be assessed and levied thereon and shall be enforced and collected
with interest by the same officers and in the same manner as real
estate taxes in the Township.
