[1967 Code § 12-1-1]
It is hereby declared that the presence upon lands lying within
the Township of brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris is inimical to
public health, safety and the general welfare or likely to constitute
a fire hazard.
[1967 Code § 12-1-2; Ord. No. 20-90 § 1; Ord. No. 2430-14 §§ 1, 2]
a.
It shall be unlawful for any person to leave, cast, dump, throw away
or discard any household or commercial solid waste, refuse, weeds,
clippings, branches, wastepaper, cartons, tin cans, appliances and
other such equipment or furnishings in a state of non-use and/or disrepair,
or other waste or junk matter, materials or substances of any kind
upon any lot or parcel of land, upon any street, road, alley, way,
park, parkway, public property or in any place not specifically designated
for the purpose of solid waste storage or disposal; provided, however,
that nothing contained in this section shall be deemed to prohibit
the keeping or placing, at such times as may be permitted or directed
by any other provision of this Code or other ordinance of the Township
or Township Board of Health, of garbage, ashes or other refuse for
collection by private or public scavenging facilities, nor to prohibit
the keeping or placing of clean, natural soil or rock or fertilizing
material upon any lands with the permission or for the purposes of
the owner of such lands.
b.
For the purposes of this section "unsolicited" shall mean the printed
matter referred to herein which has not been ordered, subscribed to
or requested by the recipient.
It shall be unlawful for any person to deliver or deposit, or
to cause the delivery or deposit, or for any person, firm or corporation
to cause the delivery or deposit of any unsolicited printed material
to or upon the premises of any private residence located within the
Township except in accordance with the terms of the following paragraph:
1.
Any unsolicited printed material shall be delivered to or deposited
upon the premises of a private residence only within a permanently
installed appurtenance to the premises which an owner or occupant
of the private residence has designated for such material to be received
and collected. If there is no such appurtenance at the premises, any
unsolicited printed material may be deposited only upon either the
ground or the floor, at a point beneath the place where the private
residence regularly receives its mail or within a three-foot radius
of that point.
2.
Excepted from subparagraph 1 shall be any unsolicited printed material
which is delivered to or deposited upon the premises of any private
residence which plainly bears either the name, mailing address and
email address of a person responsible for the delivery or deposit
of said material, or a telephone number which may be contacted to
determine such name, regular mailing address and email address, which
may be used by an owner or occupant of the private residence to effectively
request by certified mail, return receipt requested or by email with
verified receipt capability, that such material cease to be delivered
to or deposited upon the premises of that private residence.
Where the private residence referred to in this paragraph is
an individual unit of any condominium or other such common property,
the request by certified mail, return receipt requested or by email
with verified receipt capability, shall be made by an owner or occupant
of that individual unit.
3.
It shall be unlawful for any person to intentionally deliver or deposit
any unsolicited printed material to or upon the premises of a private
residence after such time as said person has received a request by
certified mail, return receipt requested, or by email with verified
receipt capability, made by an owner or occupant of that private residence
that such material cease to be delivered to or deposited upon the
premises of that private residence.
4.
Nothing contained in this paragraph shall be deemed to prohibit or
restrict any person from delivering unsolicited printed material directly
to a person who is (i) actually present on the premises of a private
residence at the time of delivery, and (ii) who personally accepts
said material at such time.
5.
Any owner or occupant of any private residence located within the
Township shall have the right to enforce any violation of this paragraph
by filing a complaint in municipal court.
[1967 Code § 12-1-3]
No person shall throw, put or place or cause to be thrown, put
or placed, into any ditch, gutter, pipe, catch basin or stream or
any facility used for drainage purposes in the Township, any garbage,
ashes, rubbish or any substance, matter or thing whatsoever, whereby
the free, unobstructed use of such ditch, gutter, pipe, catch basin
or stream or drainage facility may be in any wise impeded or interfered
with, or whereby the same may be rendered unsightly or unsanitary.
[1967 Code § 12-1-4]
Whenever it shall appear to the Township Committee that the
presence upon any lands within the Township of brush, weeds, dead
or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash
or debris is hazardous to public health, safety or the general welfare
of the residents in the Township or constitutes a fire hazard, they
or any owner or tenant of any such lands shall be required to remove
therefrom such conditions and substances within five (5) days after
receipt by such owner or tenant of written notice from the Township
Clerk requiring such removal.
[1967 Code § 12-1-5]
The notice provided by subsection 10-2.1 may be served upon any such owner or tenant by any of the following methods:
a.
Personally;
b.
By posting the notice for a five (5)-day period on the property where
the violation exists;
c.
By registered mail, and if by registered mail, the five (5)-day period
within which such removal shall be accomplished shall be deemed to
have commenced to run from the date of the return receipt obtained
by the postal authority for the delivery of such registered notice.
Every notice shall, in addition to requiring the removal aforesaid,
warn the owner or tenant of the lands to which it refers that failure
to accomplish such removal will result in removal by or under the
direction of the Township Superintendent of Public Works and in the
latter event the cost of such removal shall become a lien upon the
lands and shall be added to and become a part of the taxes next to
be assessed and levied upon the same, to bear interest at the same
rate and to be collected as in the case of such taxes.
[1967 Code § 12-1-6]
For State law authorizing Township to assess costs for removal
of brush, weeds, etc., see N.J.S.A. 40:48-2.13.
Whenever the owner or tenant of any lands within the Township receiving notice to remove from the lands any of the substances mentioned in subsection 10-2.1 shall fail and neglect, within the time prescribed in the notice to effect removal of the substances, such removal shall be accomplished by or under the direction of the Superintendent of Public Works, who, upon completion thereof, shall certify the cost thereof, to the Township Committee. If the Township Committee, after examining the certificate, shall find the same to be correct, it shall cause the cost so certified to be charged against the lands, whereupon the amount of such charge shall become a lien upon the lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon the lands, to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes.
In addition to paying the cost of removing such matter as provided above, any person failing to obey the provisions of the notice shall, upon conviction therefor, be punished as provided by Section 1-5. Each day's failure to obey such notice shall be deemed a separate offense.
[1967 Code § 12-1-7]
It is hereby declared that the keeping, storage or abandonment
of any motor vehicle not currently used for transportation, and not
being registered with the State for the current year, or of any unused
machinery or equipment upon lands within the Township is inimical
to the public welfare in that the exposure to view of such motor vehicle,
machinery or equipment is unsightly and detrimental to the neighborhood.
[1967 Code § 12-1-8; Ord. No. 8-84 § 1]
No person shall keep, store, abandon or leave upon any parcel
of land, or street, or any other place in the Township, any unused
machinery or equipment, or any motor vehicle which does not display
a valid inspection sticker less than two (2) years old and which vehicle
is also not validly registered with a State for the current year;
provided, however, that this section shall not apply to any such motor
vehicle, machinery or equipment which is placed, kept, stored, or
abandoned inside a garage or other building in the Township.
[1967 Code § 12-1-9; Ord. No. 14-97 § 3]
Whenever it shall appear to the Township Committee that the presence upon any lands within the Township of a motor vehicle not currently used for transportation, and not being registered with the State for the current year, or any unused machinery or equipment is inimical to the general welfare in that it is unsightly, the owner or tenant of any such land shall be required to remove therefrom such motor vehicle, machinery or equipment or to place the same in a garage or other building within five (5) days after receipt by such owner or tenant of written notice from the Traffic Bureau of the Police Department requiring such removal; and it is further provided that the provisions of subsections 10-2.2 and 10-2.3 relating to the notice to be given, the effect of noncompliance and the penalties for failure to comply therewith shall apply to this subsection.
[1967 Code § 12-1-10]
a.
It shall be unlawful for any person to park or abandon, or cause
to be parked or abandoned, a motor vehicle upon the property of the
Township, the Board of Education or other public property, without
the consent of the owner of such property.
b.
Any motor vehicle left upon the property of the Township, Board of Education or other public property in violation of this subsection may be removed therefrom by the Police Department to a location designated by the Chief of Police and impounded. Such motor vehicle shall be released to the registered owner thereof upon payment of all applicable towing, impounding and other charges. It shall be presumed, for the purpose of this subsection, that any motor vehicle parked or abandoned upon property in violation of this subsection was so placed there or caused to be placed there by such registered owner. Any person violating the provisions of this section shall be subject to the penalties prescribed in Section 1-5.
Nothing contained in this subsection shall apply to the authorized
parking of motor vehicles upon any municipal parking lot or any parking
lot or area provided by the Board of Education.
[Ord. No. 20-90 § 2]
The Township shall provide or cause to be provided, and to be
maintained and serviced, by the Township or other public agency or
entity or by private persons or entities, receptacles suitable for
the deposit of litter and recyclables at the following public places:
pedestrian walkways; shopping malls; active retail commercially-zoned
areas, such that at a minimum there shall be no single linear quarter
(1/4) mile without a receptacle; buildings held out for use by the
public, including schools, government buildings, and railroad and
bus stations; parks; public swimming pools; drive-in restaurants;
all street vendor locations; self-service refreshment areas; construction
sites; gasoline service station islands; shopping centers; parking
lots; and at special events to which the public is invited, including
sporting events, parades, carnivals, circuses and festivals. The proprietors
of any such places or the sponsors of any such events shall be responsible
for providing and servicing the receptacles such that adequate containerization
is available.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 22-75 and 11-91.
[Ord. No. 2228-04 § 1]
a.
Title. This Section 10-4 shall be known as "The Property Maintenance Code of the Township of Millburn" and may be referred to as "The Property Maintenance Code".
b.
Purposes. The purposes of this Property Maintenance Code are to protect
the public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance, and condition of properties
in the Township; to preserve property values in the Township; to prevent
and eliminate blighting conditions and depreciation of property values
which may adversely affect adjacent or surrounding properties; to
fix certain responsibilities and duties on owners and occupants; to
provide for administration and enforcement; and to fix penalties for
violation of this Property Maintenance Code. This Property Maintenance
Code is hereby declared to be remedial and essential for the public
interest, and it is intended that this Code be liberally construed
to effectuate the purposes stated herein.
[Ord. No. 2228-04 § 1]
As used in this section:
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 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 (a) any part of the premises not occupied by any
building thereon; (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 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 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 N.J.S.A. 1:1-2.
Shall mean a lot, plot or parcel of land and any buildings
located thereon.
Shall mean an assembly of materials forming a construction.
Shall mean an opening in the wall or roof of a building for
the admission of light which openings may be closed to the elements
by casements or sashes containing glass or other transparent material.
[Ord. No. 2228-04 § 1]
a.
Buildings and Premises to Comply. Every building and structure and
the premises on which it is situated in the Township shall comply
with the provisions of this Property Maintenance Code, whether or
not such building shall have been constructed, altered or repaired
before or after the enactment of this Property Maintenance Code, and
irrespective of any permits or licenses which shall have been issued
for the use or occupancy of the building, or for the installation
or repair of equipment or facilities prior to the effective date of
this Property Maintenance Code. This Property Maintenance Code establishes
minimum standards for buildings, structures and properties, but does
not replace or modify standards otherwise established for the construction,
repair, alteration or use of the building, except as provided in paragraph
b of this subsection.
b.
Higher Standard to Prevail in Cases of Conflict with Other Laws or
Ordinances. In any case where the provisions of this Property Maintenance
Code impose a higher standard than set forth in any other ordinance
of the Township, 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 Property Maintenance Code impose a lower standard than any
other ordinance of the Township or of the laws of the State, then
the higher standard contained in any such other ordinance or law shall
prevail.
c.
Enforcement of and Compliance with Other Ordinances. No certification
of compliance with this Property Maintenance Code shall constitute
a defense against any violation of any other ordinance of the Township,
applicable to any structure or premises.
[Ord. No. 2228-04 § 1]
The exterior of premises and the condition of the exterior of
structures and accessory structures shall be maintained so that the
appearance of the premises and structures shall not constitute a blighting
factor on adjoining property owners or conditions reflective of deterioration.
Owners and occupants of properties in the Township shall maintain
such premises and structures in accordance with the following minimum
standards.
a.
Lawn. Turf grass lawn areas shall be kept trimmed to a height of
no higher than six (6) inches.
b.
Landscaping, shrubs and hedges shall be kept from becoming overgrown
and unsightly.
c.
Windows and doors of houses, garages and accessory structures shall
be kept free of broken or missing windowpanes, frames, members, panels,
trim, screens or shutters, and shall be maintained in proper working
condition.
d.
Fences. Permitted fences meeting the Township ordinances shall be
maintained in good repair and free from deterioration. Gates for pool
fences and enclosures shall be maintained in proper functioning condition.
e.
Excessive Peeling Paint. The exterior of the dwelling or accessory
structure shall be maintained in good repair and free of excessive
peeling paint which constitutes condition of deterioration. Exterior
siding, shingles, veneer and related trim shall be maintained in weather-tight
condition, in good repair without loose or missing elements.
[Ord. No. 2228-04 § 1]
a.
The Code Enforcement Officer of the Township is hereby designated
as the officer charged with the enforcement of this Property Maintenance
Code, and is hereinafter referred to as the Enforcement Officer. All
authorized members of the Police Department and Fire Department, Building
Department and Health Office of the Township are hereby designated
as Assistant Enforcement Officers for purposes of the enforcement
of this Property Maintenance Code.
b.
Procedure.
1.
The Enforcement Officer or other designated representatives authorized by him/her are hereby authorized and directed to make, or cause to be made, inspections to determine the condition of buildings, structures and premises located within the Township in order that he/she may perform his/her duty of safeguarding the health and safety of the occupants of the premises and of the general public. For the purpose of making such inspections, the Enforcement Officer is hereby authorized to enter, examine and survey at all reasonable times, all premises. The owner and occupant of the same, or the person in charge thereof, shall give the Enforcement Officer free access to such facilities and premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a rented dwelling or nonresidential premises shall give the owner thereof, or his/her agent or employee, access to the premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Property Maintenance Code or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this Section 10-4.
2.
Whenever the Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this Section 10-4, or of any rule or regulation adopted pursuant thereto, he/she 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) allow a reasonable time for the performance of any act it requires; and (d) be served upon the owner or his/her agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him/her personally; or if a copy thereof is sent by certified mail to his/her last known address; or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice; or if he/she is served with such notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this Section 10-4 and with rules and regulations adopted pursuant thereto.
3.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Section 10-4, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Business Administrator, provided such person shall file in the office of the Business Administrator a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice was served. Upon receipt of such petition, the Business Administrator shall set a time and place for such hearing and shall give the petitioner a written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided that upon application of the petitioner, the Business Administrator may postpone the date of the hearing for a reasonable time beyond such ten (10) day period, if in his/her judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Business Administrator shall sustain, modify, or withdraw the notice, depending upon his/her findings as to whether the provisions of this Section 10-4 and other rules and regulations adopted pursuant thereto have been complied with. If the Business Administrator sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this Section 10-4 shall automatically become an order if a written petition for a hearing is not filed in the office of the Business Administrator within ten (10) days after such notice is served. The proceedings at such hearing, including the findings and decision of the Business Administrator, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Business Administrator. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Business Administrator may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State. Whenever the Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this Section 10-4, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Business Administrator shall be afforded a hearing as soon as possible. After such hearing, depending upon his/her findings as to whether the provisions of this Section 10-4 and of the rules and regulations adopted pursuant thereto have been complied with, the Business Administrator shall continue such order in effect, or modify it, or revoke it.
c.
The Enforcement Officer is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this Property Maintenance Code, including
the following, in addition to others herein granted, to make and adopt
such written rules and regulations as he/she may deem necessary, and
the Township Committee approves by resolution, for the property enforcement
of the provisions of this Property Maintenance Code; provided, however,
that such rules and regulations shall not be in conflict with the
provisions of this Property Maintenance Code, nor in anywise alter,
amend or supersede any of the provisions thereof. The Enforcement
Officer shall file a certified copy of all such rules and regulations
in his/her office and in the office of the Township Clerk.
[Ord. No. 2228-04 § 1]
Any person who shall violate any of the provisions of this Section 10-4 shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of any of the provisions of this Section 10-4 and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 2372-11 § 1]
In order to protect against the adverse consequences of uncontrolled
sump pump and pipe drain discharges, no person shall construct, install,
improve, maintain or permit to be operated on the person's owned
or occupied property any device which allows any point discharge of
water by either forced pumping such as a sump pump or gravity such
as a pipe drain onto a street, sidewalk, sidewalk or public right-of-way
except as provided for below.
[Ord. No. 2372-11 § 1]
Sump pumps and pipe drains installed on or after the effective
date of this section, adopted May 3, 2011, shall comply with the following
conditions and be installed in accordance with the latest approved
plumbing code by the State of New Jersey Department of Community Affairs
and this section. Plan review and inspection by Plumbing Subcode Inspector.
a.
The sump pump or drain discharge shall preferably be directed into
an existing Township storm sewer system. If the storm sewer system
is not available, then the discharge shall be directed onto a surface
as grass, rock or a splash pad so that the discharge will be dissipated
and not immediately drain to the Township right-of-way or adjacent
properties. If the pump discharge is not directed into an existing
storm sewer system, then the discharge must be a minimum of ten (10')
feet from, and not directed perpendicular to, any private property
line. The discharge location shall be as approved by the Township
Engineer, or his designee. The discharge may also be directed to a
swale, ditch, drywell, detention basin, drainage basin or other drainage
facility or location as approved by the Township Engineer, or his
designee.
b.
The discharge location shall not create a public nuisance which is
any thing, condition, or act which is or may become injurious or hazardous
to the public or adjacent property.
c.
The discharge shall not create a build-up of icing, standing water
or algae growth on the street, sidewalk or the public right-of-way.
d.
No person shall connect or cause or permit to be connected any sump
pump, pipe drain, floor drain, surface drain, subsoil drain or leader
pipe with the house to the sanitary sewer, or use the sanitary sewer
connection or any pipe or drain connected therewith for the purpose
of receiving and discharging drainage of any kind other than plumbing
fixtures.
e.
Sump pump and pipe drain discharges may not be directed into a Township
street or right-of-way unless permission is granted by the Township
Engineer, or his designee.
[Ord. No. 2372-11 § 1]
Sump pumps and pipe drains installed prior to the effective
date of this section shall comply with the following conditions:
a.
An existing sump pump or drain discharge may continue at the location
where the discharge was made on the effective date of this section
as long as such discharge does not:
b.
An existing sump pump or pipe drain discharge that is causing a public nuisance or is creating a build-up of icing, standing water, algae growth or cause erosion on the street, sidewalk or the public right-of-way shall be corrected by the owner to bring the sump pump or pipe drain discharge into compliance with the requirements of subsection 10-5.1 in its entirety.
c.
The Township Engineer, or his designee may require the following:
1.
That the sump pump or pipe drain have a point of discharge that is
located a minimum of ten (10') feet or greater as directed by
the Township Engineer, or his designee.
2.
That the discharge be directed within the limits of the owner's
property onto a surface such as grass, rock or a splash pad so that
the discharge will be dissipated and not immediately drain into the
Township right of way or adjacent properties.
[Ord. No. 2372 § 1]
The requirements of the Code shall be enforced by the Code Enforcement
Officer at the direction of the Township Administrator (or his designee)
or the Township Engineer (or his designee). For the violation of this
provision of this section, or any other ordinance of the Township
of Millburn unless a specific penalty is otherwise provided in connection
with the provision violated, the maximum penalty upon conviction of
the violation shall be one or more of the following: a fine not exceeding
two thousand ($2,000.00) dollars; imprisonment in the County Jail
for a period not exceeding ninety (90) days; or to a period of community
service not exceeding ninety (90) days, at the discretion of the Municipal
Court Judge.
