[Ord. No. 14-76 § 1; Ord. No. 97-009; Ord. No.
2000-27 § 1]
The purpose of this chapter is to implement the provisions of the State Uniform Construction Code Act, Chapter 217 of the Laws of 1975 (hereinafter referred to as the "Act") and regulations for the New Jersey Uniform Construction Code promulgated by the Commissioner of the Department of Community Affairs pursuant to the Act and appearing in Title 5, Chapter 23 of the New Jersey Administrative Code (hereinafter referred to as the "Regulations"). References to the Act and Regulations shall include any amendments and supplements hereafter made.
[Ord. No. 14-76 § 2; Ord. No. 97-009]
a.
There is hereby established in the Township a State Uniform Construction
Code Enforcing Agency to be known as the Township Building Department,
consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Electrical Subcode Official, Fire Protection
Subcode Official and such other subcode officials for such additional
subcodes as may be promulgated under the Act. The Construction Official
shall be the Chief Administrator of the Enforcing Agency.
b.
Each official position created by Subsection a hereof shall be filled by appointment by the Township Committee of a person qualified for such position pursuant to the Act and Regulations, provided that in lieu of the appointment of any particular subcode official compliance with the subcode may be enforced through an inspection authority approved by the State of New Jersey. More than one such official position may be held by the same person, provided that such person is qualified pursuant to the Act and Regulations.
c.
The public shall have the right to do business with the Enforcing
Agency at one office location except for emergencies or unforeseen
or unavoidable circumstances.
[Ord. No. 14-76 § 3; Ord. No. 76-119 §§ 1, 2; Ord. No. 17-79 §§ 1, 2; Ord. No. 24-79 § 1; Ord. No. 32-79 § 1; Ord.
No. 7-80 § 1; Ord. No.
3-82 § 1-7; Ord. No. 7-82 § 1; Ord. No. 18-83 § 1; Ord. No. 12-84 § 1; Ord. No. 28-87 § 1; Ord. No. 21-89 § 1; Ord.
No. 29-90 § 1; Ord. No.
97-009; Ord. No. 97-021; Ord. No. 99-038 § 1; Ord. No. 2000-007 §§ 1 -
4; Ord. No. 2001-006 § 1; Ord. No. 2001-014 § 1; Ord. No. 2002-002 § 1; Ord. No. 2004-006 § 1; Ord. No. 2007-13 § 1; Ord. No. 2010-16; Ord.
No. 2011-07 § 1; Ord.
No. 2012-01 §§ 1, 2; Ord. No. 2014-02; Ord. No. 2015-13 §§ 1 - 3]
The following fees are hereby established:
a.
Building Subcode Fees.
1.
For new construction $0.058 per cubic foot of building or structure
volume, provided that the minimum fee shall be $75.
2.
For renovations, alterations and repairs up to a value of $30,000,
the fee shall be $29 per $1,000 of estimated work, provided that the
minimum fee shall be $75. For renovations, alterations and repairs
with a value of over $30,000, the fee shall be an additional $16 per
thousand dollars for that portion over $30,000.
3.
For additions: $0.058 per cubic foot for the first 5,000 cubic feet
of building or structure volume and $0.048 per cubic foot for the
added portion in excess of 5,000 cubic feet, provided that the minimum
fee shall be $75.
4.
For combinations of renovations and additions, the fee shall be the
sum of the fees computed separately for renovations and additions.
5.
For construction of a tennis court, paddle tennis court, a fee of
$300 per facility.
6.
For new construction of large volume buildings, $0.036 per cubic
foot of a building or structure or volume, provided that the minimum
fee shall be $75.
7.
The fee for a permit for the removal of a building or structure from
one lot to another or to a new location on the same lot shall be $20
per $1,000 of the sum of the estimated costs for moving, for new foundations
and for the placement in a completed condition in a new location,
provided that the minimum fee shall be $300.
8.
Fees for the following types of projects shall be established by
flat fee:
(a)
Reroofing of a single-family dwelling or accessory building:
$110.
(b)
Reroofing of a commercial building: $300.
(c)
Re-siding of a commercial building: $300.
(d)
Residing of a single-family dwelling or accessory building:
$110.
(e)
For construction of an unclassified structure, including but
not limited to tents (greater than 16,800 square feet in area and
greater than 140 feet in any dimension), towers, sheds and temporary
trailers, including issuance of a certificate of occupancy or approval:
$70.
(f)
Lead hazard abatement: administrative fee of $140, with an administrative
fee of $28 for a lead abatement clearance certificate.
(g)
Radon hazard abatement: $75 plus any applicable electrical permit
fees.
(h)
Asbestos hazard abatement: administrative fee of $106, with
an administrative fee of $21 for certificate of occupancy. (Per N.J.A.C.
5:23-8.9).
9.
Demolition:
11.
Swimming pools:
(a)
For aboveground pools, including the issuance of a certificate
of approval: $100.
(b)
For inground pool, including the issuance of a certificate of
approval: $300.
(c)
Public swimming pools, spas and hot tubs, except for one- or
two-family residential property, electrical inspection to include
issuance of certificate of compliance: $150 annually.
13.
Retaining walls: $150.
14.
Satellite antenna receiver with foundation: $500.
15.
There shall be an additional fee of $50 per hour for each subcode
official who reviews any amendment or change to a plan that has already
been released for permit by the Department.
16.
Permit update for the change of a contractor/owner: $50.
17.
For installation of solar photovoltaic systems, the fee shall be
$29 per $1,000 of the building cost for installing the footings and
support structures, up to a value of $30,000, provided that the minimum
fee shall be $75.
For installation of solar photovoltaic systems, the fee shall
be $16 per $1,000 of the building cost for installing the footings
and support structures, with a value of over $30,000, provided that
the minimum fee shall be $75.
b.
Plumbing Subcode Fees.
1.
For projects involving between plumbing fixtures, devices or plumbing
stacks: $22 per item.
2.
The following fees shall be based on a "per unit" basis.
(a)
In use groups R-3 and R-5 the fee for each of each new or replacement
solid fuel burning or fuel fired appliance, gas fireplace or gas appliance,
fuel oil piping, gas piping, boiler, whirlpool, furnace or hot water
heater, HVAC unit, sewer pump, septic pump, sump pump, in a new or
existing residential building, the fee shall be $90 per appliance.
(b)
For the installation of each new or replacement solid fuel burning
or fuel fired appliance, gas fireplace or gas appliance, fuel oil
piping, furnace, or hot water heater in a new or existing commercial
building: $90 per appliance.
(c)
Grease traps, oil separators, refrigeration units service connections,
backflow preventers equipped with test ports (double check valve assembly,
reduces pressure zone and pressure vacuum breaker backflow preventers),
steam boilers, hot water boilers (excluding those for domestic water
heating), HVAC units, active solar systems, sewer pumps and interceptors
in all use groups except R-3 and R-5: $95 per item.
(d)
Radiant floor heat: $50. Water utility connection, sewer utility
connection, septic abandonment: $95.
(e)
For installation of a chimney lining system, the fee shall be
a minimum fee of $30, unless the installation occurs at time of heating
appliance replacement for which the fee shall be $15.
[Ord. No. 2015-13]
(f)
For the installation of duct work for a new air-conditioning
system in an existing house, the fee shall be $65.
[Ord. No. 2015-13]
c.
Electrical Subcode Fees.
1.
Receptacles and fixtures, including, without limitation, lighting
outlets, wall switches, fluorescent fixtures, convenience receptacles,
smoke and heat detectors or similar fixtures, communication points
and motors or devices of 1 hp or 1 kW or less:
2.
All motors (except for plug-in appliances), including, without limitation,
control equipment, transformers, generators, AC units and all heating,
cooking or other devices consuming or generating electrical current:
(a)
Each motor or electrical device greater than 1 hp and less than
or equal to 10 hp; and for transformers and generators greater than
1 kW and less than or equal to 10 kW: $22.
(b)
Each motor or electrical device greater than 10 hp and less
than or equal to 50 hp; for each service panel, service entrance or
subpanel less than or equal to 200 amperes; and for all transformers
and generators greater than 10 kW and less than or equal to 45 kW:
$65.
(c)
Each motor or electrical device greater than 50 hp and less
than or equal to 100 hp; for each service panel, service entrance
or sub panel greater than 200 amperes and less than or equal to 1,000
amperes; and for transformers and generators greater than 45 kW and
less than or equal to 112.5 kW: $135.
(d)
Each motor or electrical device greater than 100 hp; for each
service panel, service entrance or sub panel greater than 1,000 amperes,
and for each transformer or generator greater than 112.5 kW: $665.
3.
For solar photovoltaic systems, the fee shall be based on the designated
kilowatt rating of the solar photovoltaic system as follows:
One to 50 kW, the fee shall be $150.
Greater than 50 kW to 100 kW, the fee shall be $250.
Greater than 100 kW, the fee shall be $576.
d.
Fire Subcode Fees.
1.
For the installation of sprinklers, the fee shall be based upon the
number of sprinkler heads being installed:
|
1 to 20 heads
|
$95
|
|
21 to 100
|
$175
|
|
101 to 200
|
$330
|
|
201 to 400
|
$850
|
|
401 to 1,000
|
$1,160
|
2.
For the installation of standpipes per standpipe: $320.
3.
For the installation of each solid fuel burning or fuel fired appliance
and gas fireplace in a new residential building, the fee shall be
$65 per appliance.
[Ord. No. 2015-13]
4.
For the installation of each solid fuel burning or fuel fired appliance
and gas fireplace (new or replacement) in a new or existing commercial
building, the fee shall be $150 per appliance, provided that the fee
for hot water heater replacement shall be $65.
5.
For the installation of underground/aboveground tanks in residential
buildings, the fee shall be $140.
7.
(Reserved)
[Ord. No. 2015-13]
8.
For smoke detectors or heat detectors, the fee shall be based upon
the number of devices being installed.
|
1 to 20 smoke detectors
|
$75
|
|
21 to 50
|
$200
|
|
51 to over
|
$300
|
9.
For the installation of commercial kitchen hood and exhaust systems:
$150.
10.
For the installation of special fire suppression systems, wet-chemical,
dry chemical, Halon replacement: $150.
11.
In addition to the fees in 1 through 10 above, and 12 below, for
the Use Groups A, E, M, S, F, B, H, I, R2 and attached R3 dwellings,
the fire protection subcode fee shall be 10% of the building subcode
fee.
12.
Supervisory and signaling devices: $25 each.
e.
The fee for the construction permit shall be the sum of the subcode
fees listed, provided that the minimum permit fee for a basic construction
permit for any or all of electrical, plumbing or fire protection work
shall be $75.
f.
The fee for plan review shall be 20% of the amount to be charged
for the construction permit.
g.
The fee for a certificate of occupancy shall be as follows:
1.
New residential dwelling use: $300.
2.
Residential use - condominium/townhouse: $200.
3.
Addition to existing residential use: $85.
4.
New commercial, industrial or apartment use: $400.
5.
Addition to existing commercial (4A), industrial (4B) or apartment
(4C) use: $200.
6.
Continued certificate of occupancy (N.J.A.C. 5:23-2.23(e)): $200.
7.
Clearance for lead abatement: $28.
8.
Clearance for asbestos removal: $21.
9.
First issuance and the renewal of a temporary certificate of occupancy:
$30, except that there shall be no fee for the first issuance of the
temporary certificate of occupancy provided the certificate of occupancy
fee is paid at the time.
h.
Miscellaneous Fees.
1.
Zoning permit: $75.
2.
Permit holders requesting special inspections from any subcode official
or inspector at other than posted scheduled days or times must pay
$75 per hour with a three hour minimum. Special inspections may only
be scheduled with the consent of each individual inspector or subcode
official required. Inspectors and/or subcode officials may refuse
to perform special inspections.
3.
Replacement inspectors and/or subcode officials while the regular
Township inspector and/or subcode official is on vacation, sick or
personal leave: $150 per day.
4.
To provide for the training, certification and technical support
required by the Unified Construction Code Act and the Regulations,
in accordance with N.J.A.C. 5:23-4.19, the Enforcing Agency shall
collect, in addition to the fees specified above, a surcharge fee
to be based on the volume of the new construction or addition and/or
the estimated value of the construction, alteration or repair or a
combination of the two as set forth, except as specified in N.J.A.C.
5:23-4.19(b) 1-5.
5.
Construction Records Clearance Certificate - $40.
i.
Any fees payable pursuant to this section may be rounded to the nearest
whole dollar.
[Ord. No. 14-76 § 3]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the Township Committee every two
years a report recommending a fee schedule based on the operating
expenses of the Enforcing Agency and any other expenses of the Township
fairly attributable to the enforcement of the Act and Regulations.
[Ord. No. 14-76 § 3; Ord. No. 97-009]
In order to provide for the training, certification and technical
support programs required by the Act and Regulations, the Enforcing
Agency shall collect, in addition to the fees specified above, the
amount as set by law by the State of New Jersey's Department
of Community Affairs. This amount shall be forwarded to the State
of New Jersey pursuant to State Law.
[1]
Editor's Note: Former Subsection 11-1.6, Construction Board
of Appeals, Ord. No. 14-76 § 4, was repealed 2-14-2019 by Ord.
No. 2019-01.
[Ord. No. 14-76 § 5]
The Construction Official shall prepare and submit to the Township
Committee every two years a report evaluating the need for the delineation
of fire limits. This report shall indicate the recommendations of
the Construction Official, the Building Subcode Official and the Fire
Subcode Official regarding those areas which should be designated
as within fire limits, with the reasons therefor.
[Ord. No. 99-014 § 1]
[Ord. No. 16-61 § 1]
This section shall be known and may be cited as "The Building
Repair and Demolition Regulations of the Township of Chatham."
[Ord. No. 16-61 § 2]
As used in this section:
Shall mean any building or structure, or part thereof, whether
used for human habitation or otherwise, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the officer or officers authorized under this
section to exercise the powers set forth in the section.
Shall mean the holder or holders of title 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 mean any housing authority or any officer who is in
charge of any department or branch of the Township relating to health,
fire, building regulations, or other activities concerning buildings
in the Township.
[Ord. No. 16-61 § 3]
The Zoning Officer is designated as the officer to exercise
the powers established by this section. The Township Building Inspector,
Plumbing Inspector, and Sanitarian are hereby designated agents of
the Zoning Officer to serve notices, to carry on investigations, to
supervise the alteration, repair, improvement, removal or demolition
of buildings, and to make reports thereon.
[Ord. No. 16-61 § 4a]
Whenever a petition is filed with the Zoning Officer by a public
authority or by at least five residents of the municipality charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the Zoning Officer that any building is
unfit for human habitation or occupancy or use, the Zoning Officer
shall, if his preliminary investigation discloses a basis for such
charges, issue and cause to be served upon the owner of and parties
in interest in such buildings a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Zoning Officer at a place therein fixed not less than 10 days
nor more than 30 days after the serving of the complaint.
The Zoning Officer shall have power to investigate the building
conditions in the Township in order to determine which buildings are
unfit for human habitation or occupancy or use and to enter upon premises
for the purpose of making examinations; provided, that such entries
shall be made in such manner as to cause the least possible inconvenience
to the persons in possession.
[Ord. No. 16-61 § 4b]
Complaints issued pursuant to Subsection 11-2.4 of this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Zoning Officer in the exercise of reasonable diligence, and the Zoning Officer shall make an affidavit to that effect, then the serving of such complaint upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Township, or, in the absence of such newspaper, in one printed and published in the County and circulating in the Township. A copy of such complaint shall be posted in a conspicuous place on the premises affected by the complaint. A copy of such complaint shall be duly recorded or lodged for record with the Office of the Clerk of Morris County.
[Ord. No. 16-61 § 4c]
The owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person or otherwise, and
give testimony at the place and time fixed in the complaint for a
hearing. The Zoning Officer shall have power to administer oaths,
affirmations, examine witnesses and receive evidence; and the rules
of evidence prevailing in the courts shall not be controlling in hearings
before the Zoning Officer.
[Ord. No. 16-61 § 4d]
The Zoning Officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Township. Such conditions may
include the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident, or other
calamities, lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair, structural defects; or uncleanliness.
[Ord. No. 16-61 § 4e]
If after notice and hearing, the Zoning Officer determines that
the building under construction is unfit for human habitation or occupancy
or use he shall state in writing his findings of fact in support of
such determination and shall issue and cause to be served upon the
owner thereof and parties in interest an order:
a.
Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, which time shall be
set forth in the order, or, at the option of the owner, to vacate
or have the building vacated and closed within the time set forth
in the order; and
b.
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal. The service of such order of removal shall be made in the same manner provided in Subsection 11-2.5 for the service of a complaint.
[Ord. No. 16-61 § 5]
If the owner fails to comply with an order to repair, alter
or improve, or, at the option of the owner, to vacate and close the
building, the Zoning Officer may cause such building to be repaired,
altered or improved, or to be vacated and closed. The Zoning Officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish
the building, the Zoning Officer may cause such building to be removed
or demolished or may contract for the removal or demolition on thereof
after advertisement for and receipt of bids therefor.
[Ord. No. 16-61 § 6]
The amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this section determined
in favor of the municipality, as well as the cost of repairs, alterations
or improvements, or vacating and closing, or removal and demolition,
or the amount of the balance thereof remaining after deduction of
the sum, if any, realized from the sale of materials derived from
such building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such
cost was incurred.
If a building is removed or demolished by the Zoning Officer,
he shall sell the materials of such building and credit the proceeds
of any such sale against the cost of the removal or demolition. Any
sum derived from any contract for the removal or demolition of the
building shall be credited against the cost of the removal or demolition.
If there are no such credits, or if the sum total of the costs
exceeds the total of such credits, a detailed statement of the costs
and the amount so due shall be filed with the municipal tax assessor
or other custodian of the records of tax liens and a copy thereof
shall be forwarded to the owner by registered mail. If the total of
the credits exceeds the costs, the balance remaining shall be deposited
in the Superior Court by the Zoning Officer, shall be secured in such
manner as may be directed by such court, and shall be disbursed according
to the order or judgement of the court to the person found to be entitled
thereto by the final order or judgment of such court.
Any owner or party in interest may within 60 days from the date
of filing of the lien certificate, proceed in a summary manner in
the Superior Court to contest the reasonableness of the amount or
the accuracy of the costs set forth in the municipal lien certificate.
[Ord. No. 7-59 § 1]
The owner or owners, occupant or occupants of each and every
dwelling house, store or other building which not fronts or hereafter
may front upon any of the streets or public places within the Township,
shall at their own expense cause the same to be properly numbered
in accordance with the directions and requirements of Specifications
for the Numbering of Dwelling Houses, Stores and Other Buildings within
the Township of Chatham, adopted by resolution of the Township Committee.
[Ord. No. 7-59 § 2]
Nothing contained in this section or the resolution adopted
pursuant to the provisions of this section shall be construed as an
intention on the part of the Township Committee to accept any street,
road or avenue within the Township which is not presently a public
street, road or avenue or to assume any responsibility for the maintenance
of any street, road or avenue.
[Ord. No. 7-59 § 3;
New]
Former § 11-4, Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance previously codified herein and containing portions of Ordinance Nos. 19-91 and 2003-006 was relocated to § 12-4 by Ordinance No. 2011-06.
[Ord. No. 97-046 § 1; Ord. No. 2000-011 § 1]
The owners of property on which is located a retaining wall
shall maintain such wall in good condition, including without limitation
repair or replacement of rotted, deteriorated, defective, collapsed
or failing sections thereof. Whenever such retaining wall shall, upon
inspection by the Township Engineer, be determined to be in such rotted,
deteriorated, defective, collapsed or failing condition that it shall
constitute a potential hazard to the property on which the wall is
located, to adjoining properties or the occupants or users of the
property or adjoining properties, and upon written notice by the Township,
the property owner shall within 30 days repair or replace the retaining
wall and eliminate the hazardous condition.
[Ord. No. 97-046 § 2; Ord. No. 2000-011 § 2]
A property owner who shall fail to maintain a retaining wall
shall be liable to a fine of $250 per day such violation remains unabated.
[Ord. No. 99-031 § 1; Ord. No. 2002-004 § 1]
In addition to the requirements of the Uniform Construction
Code, whenever a demolition permit is required to be issued under
this chapter, the owner or his or her agent shall, not later than
48 hours prior to the actual commencement of the demolition, give
written notice to the Construction Official and proof of service of
such notice upon all property owners and residents whose property
abuts the demolition site of the date and time when the demolition
will commence, and posting a sign at the site not less than 1.5 feet
by three feet which sets forth the date and time of the demolition.
Such notice may be hand delivered or made by certified mail. However,
such notice, if by mail, must be actually delivered not later than
48 hours prior to the actual commencement of demolition. Proof of
service of such notice shall be made to the Construction Official
by close of business the day before the actual commencement of demolition.
[Ord. No. 99-031 § 1]
[Ord. No. 99-031 § 1]
Except as specifically provided elsewhere in this section, the
Asbestos Hazard Abatement Subcode of the Uniform Construction Code,
N.J.A.C. 5:23-8.1 through 5:23-8.21, is hereby made applicable to
all private buildings within the Township of Chatham.
[Ord. No. 99-031 § 1]
As used in this subsection the following definitions apply:
Shall mean any structure which does not fit within the definition
of educational facility, municipal facility, or public building as
set forth in N.J.A.C. 5:23-8.2.
[Ord. No. 99-031 § 1]
References in the Asbestos Hazard Abatement Subcode to the New
Jersey Department of Community Affairs (DCA) as respects enforcement
(N.J.A.C. 5:23-8.3), variations (N.J.A.C. 5:23-8.4), inspections (N.J.A.C.
5:23-8.7(a)4, N.J.A.C. 5:23-8.7(d)2 and N.J.A.C. 5:23-8.7(e)) and
certificates of occupancy (N.J.A.C. 5:23-8.8(a)2) shall mean the Township
of Chatham.
[Ord. No. 99-031 § 1; Ord. No. 2011-07 § 1]
All fees referenced in Subsection 11-1.3a,8(h) and N.J.A.C. 5:23-8.9(d) shall be payable to the "Township of Chatham."
[Ord. No. 2007-14 § 1]
The intent of this section is to protect and preserve the overall
public health, safety, welfare and appearance of the Township. It
is intended as a complement to the applicable building codes, ordinances
and regulations that control construction and improvements to real
property in the Township, rather than as a replacement. Except as
specifically provided elsewhere in this section, the following sections
of the BOCA National Property Maintenance Code (1996) are hereby made
applicable to all private buildings and property within the Township.
[Ord. No. 2007-14 § 1]
As used in this section, the following definitions shall apply:
Shall mean that portion of a building which is partly or
completely below grade.
Shall mean the open space on the premises and on adjoining
property under the control of owners or operators of such premises.
Shall mean the control and elimination of insects, rats or
other pests by eliminating their harborage places; by removing or
making inaccessible materials that serve as their food; by poison
spraying, fumigating, trapping or by any other approved pest elimination
methods.
Shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
Shall mean the presence, within or contiguous to, a structure
or premises of insects, rats, vermin or other pests.
Shall mean to permit, provide or offer possession or occupancy
of a dwelling, dwelling unit, rooming unit, building, premises or
structure by a person who is or is not the legal owner of record thereof,
pursuant to a written or unwritten lease, agreement or license, or
pursuant to a recorded or unrecorded agreement of contract for the
sale of land.
Shall mean any person living or sleeping in a building; or
having possession of a space within a building.
Shall mean any person who has charge, care or control of
a structure or premises which is let or offered for occupancy.
Shall mean any person, agent, operator, firm or corporation
having a legal or equitable interest in the property; or recorded
in the official records of the State, county or municipality as holding
title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, if ordered
to take possession of real property by a court.
Shall mean an individual, corporation, partnership of any
other group acting as a unit.
Shall mean a lot, plot or parcel of land including any structures
thereon.
Shall mean and include any of the following:
The physical condition or occupancy of any premises regarded
as a public nuisance at common law;
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, basements, excavations and unsafe
fences or structures;
Any premises that has unsanitary sewerage or plumbing facilities;
Any premises designated as unsafe for human habitation;
Any premises that is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecure so as to endanger life, limb or
property;
Any premises from which the plumbing, heating or facilities
required by this code have been disconnected, destroyed, removed or
rendered ineffective, or the required precautions against trespassers
have not been provided;
Any premises that is unsanitary, or that is littered with rubbish
or garbage, or that has an uncontrolled growth of weeds; or
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises.
Shall mean combustible and noncombustible waste materials,
except garbage; the term shall include the residue from the burning
of wood, coal, coke and other combustible materials, paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery and dust
and other similar materials.
Shall mean a person, corporation, partnership or group, whether
or not the legal owner of record, occupying a building or portion
thereof as a unit.
[Ord. No. 2007-14 § 1]
All exterior property and premises shall be maintained in a
clean, safe and sanitary condition. The occupant shall keep that part
of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
[Ord. No. 2007-14 § 1]
All structures and exterior property shall be kept free from
rat infestation. Where rats are found, they shall be promptly exterminated
by approved processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent
reinfestation.
[Ord. No. 2007-14 § 1]
All accessory structures, including detached garages, fences
and walls, shall be maintained structurally sound and in good repair.
[Ord. No. 2007-14 § 1]
The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the
public health, safety or welfare.
[Ord. No. 2007-14 § 1]
All wood and metal surfaces, including but not limited to, window
frames, doors, door frames, cornices, porches and trim shall be maintained
in good condition. Excessive peeling, flaking and chipped paint shall
be eliminated and surfaces repainted.
[Ord. No. 2007-14 § 1]
All structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live
loads.
[Ord. No. 2007-14 § 1]
All foundation walls shall be maintained plumb and free from
open cracks and breaks and shall be kept in such condition so as to
prevent the entry of rats.
[Ord. No. 2007-14 § 1]
All exterior walls shall be free from holes, breaks, loose or
rotting materials; and maintained weatherproof and properly surface
coated where required to prevent deterioration.
[Ord. No. 2007-14 § 1]
The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure.
Roof drains, gutters and downspouts shall be maintained in good repair
and free from obstructions. Roof water shall not be discharged in
a manner that creates a public nuisance.
[Ord. No. 2007-14 § 1]
Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
[Ord. No. 2007-14 § 1]
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
[Ord. No. 2007-14 § 1]
Every basement hatchway shall be maintained to prevent the entrance
of rats, rain and surface drainage water.
[Ord. No. 2007-14 § 1]
Windows and doors shall be maintained in good repair and except
in case of emergency (vandalism, weather damage, fire damage) shall
not be boarded up. In case of emergency, as noted herein, windows
and/or doors may be boarded up, but only for that period of time necessary
to secure the structure until same can be reasonably replaced. Individual
broken panes of glass in windows and doors shall be replaced with
glass within a reasonable time.
[Ord. No. 2007-14 § 1]
All exterior property and premises, and the interior of every
structure shall be free from any accumulation of rubbish or garbage.
[Ord. No. 2007-14 § 1]
Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in approved containers.
[Ord. No. 2007-14 § 1]
The owner of every occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible
for the removal of rubbish.
[Ord. No. 2007-14 § 1]
Every occupant of a structure shall dispose of garbage in a
clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
[Ord. No. 2007-14 § 1]
The operator of every establishment producing garbage shall
provide, and at all times cause to be utilized, approved, leak proof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
[Ord. No. 2007-14 § 1]
All structures shall be kept free from insect and rat infestation.
All structures in which insects or rats are found shall be promptly
exterminated by approved processes that will not be injurious to human
health. After extermination, proper precautions shall be taken to
prevent reinfestation.
[Ord. No. 2007-14 § 1]
The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
[Ord. No. 2007-14 § 1]
The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
[Ord. No. 2007-14 § 1]
The owner of a structure containing two or more dwelling units,
a multiple occupancy, a rooming house or a nonresidential structure
shall be responsible for extermination in the public or shared areas
of the structure and exterior property. If infestation is caused by
failure of an occupant to prevent such infestation in the area occupied,
the occupant shall be responsible for extermination.
[Ord. No. 2007-14 § 1]
The occupant of any structure shall be responsible for the continued
rat-free condition of the structure, and if the occupant fails to
maintain the rat-free condition, the cost of extermination shall be
the responsibility of the occupant.
[Ord. No. 2007-14 § 1]
Where rat infestations are caused by defects in the structure,
the owner shall be responsible for extermination.
[Ord. No. 2016-17]
The intent of this section is to provide for the enforcement
of the Township Property Maintenance Code and other applicable law
against and to vacant and abandoned properties pending foreclosure.
[Ord. No. 2016-17]
A creditor filing a Complaint in a foreclosure action shall
be responsible for the care, maintenance, security, and upkeep of
the exterior of the vacant and abandoned residential property. If
the creditor is located out of the State of New Jersey, the creditor
must appoint an in-State representative or agent to act for the foreclosing
creditor.
[Ord. No. 2016-17]
a.
A creditor filing a Complaint in a foreclosure action on residential property located in the Township of Chatham shall, within 10 days of serving the Summons and Complaint, serve the Township Clerk with a Notice advising that a Summons and Complaint in a foreclosure action has been filed against the subject property. The Notice shall contain and include the information set forth in Subsection c below and shall be provided by mail.
b.
Any creditor that has filed a Complaint in a foreclosure action on any residential property which is pending in Superior Court shall provide to the Township Clerk with the Notice as described in Subsection c below for any residential properties in the Township for which the creditor has pending foreclosure actions.
c.
The Notice shall state:
1.
The name and contact information for the representative (located
within the State of New Jersey) of the creditor who is responsible
for property maintenance and will respond to Township communications
regarding the property;
2.
Whether the property being foreclosed on is an affordable unit pursuant
to the "Fair Housing Act";
3.
The street address, lot and block number of the property; and
4.
If the creditor is located out of State, the Notice should include
the full name and contact information of the representative/agent
located within the State of New Jersey authorized to act on behalf
of the entity/creditor, accept service on behalf of the entity/creditor,
and to receive and act on notifications regarding maintenance of the
property in foreclosure.
[Ord. No. 2016-17]
Any creditor having filed a Complaint in an action in foreclosure
on a property, and that creditor having been notified by the Construction
Code Official in writing that the property appears to be or is abandoned
or vacant, shall be responsible within 30 days of said notification
as follows:
a.
Investigate and inspect the property as required to determine if
the property is abandoned and vacant, and notify the Construction
Code Official in writing of that determination.
b.
Secure the building and structure on the property from unauthorized
entry.
c.
Perform such appropriate repairs or maintenance of the exterior grounds
of the property, including yards, fences, sidewalks, walkways, driveways
as may be needed or directed by the Construction Code Official so
that the property is free from trash, debris, or excessive grass or
weed growth, or safety hazards.
d.
Continue to maintain the structures in a secure condition and the
grounds in a clean, properly maintained state.
[Ord. No. 2016-17]
If the owner of a residential property vacates or abandons any
property upon which a Complaint in a foreclosure action has been filed
or if a property is otherwise vacated and/or abandoned subsequent
to the filing of the Complaint in a foreclosure action, but prior
to the vesting of title in any third party, the foreclosing creditor
shall have the responsibility to abate any nuisance or correct any
violations of the Property Maintenance Code and applicable law in
the same manner and to the same extent as the title owner of the property,
to such standard or specification as may be required by the Property
Maintenance Code or applicable law.
[Ord. No. 2016-17]
In the event of a violation of the Property Maintenance Code
or applicable law, the Township shall serve the creditor with a Notice
that shall include a description of the condition(s) that gave rise
to the violation and shall provide a period of 30 days, or 10 days
if the condition presents an imminent threat to public health and
safety as determined by the Construction Code Official, for the creditor
to remedy the violation or condition. The creditor must remedy and/or
repair the conditions noticed within the specific period.
[Ord. No. 2016-17]
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to Subsection 11-9.6 but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have had against the title owner of the property including but not limited to the recourse in the Property Maintenance Code and applicable law.
[Ord. No. 2016-17]
The Construction Code Official is hereby authorized to enforce
this section and is further authorized to contact the New Jersey Bankers
Association, with a current address of 411 North Avenue East, Cranford,
New Jersey, for assistance in enforcing this section.
[Ord. No. 2016-17]
Any person or corporation shall, upon conviction by any court having jurisdiction of a violation of this § 11-9, be subject to a fine not to exceed $2,500 per day commencing as of the date after the expiration of the ten-day period provided in Subsection 11-9.3b. Any person or corporation upon conviction by any Court of a violation of Subsection 11-9.5 and/or Subsection 11-9.6 shall be subject to a fine not to exceed $1,500 per day, to commence 31 days after receipt of the notice or, if the violation presented an imminent risk to public safety and health and was so noticed, commencing 11 days after receipt of the notice.
