[1971 Code § 14-4.1; Ord. No. 13-04]
It shall be the duty of the owner, tenant or person in possession
of any lands in the Borough:
a.
To keep all brush, hedges or other plant life, growing within 10
feet of any roadway and within 25 feet of the intersection of two
roadways, cut to a height of not more than three feet where it shall
be necessary and expedient for the preservation of public safety.
b.
To keep the lands free of brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris when the
same are inimical to the preservation of public health, safety or
general welfare of the Borough, or which may constitute a fire hazard.
[1971 Code § 14-4.2; Ord. No. 13-04]
After an investigation of any complaint by a resident, officer
or employee of the Borough relative to a violation of this section,
or upon his own motion, the Property Maintenance Officer or designated
official shall investigate and issue a written report of the conditions
complained of to the Administrator. If the reported conditions are
found to exist, the Property Maintenance Officer shall notify the
owner, tenant or person in possession of the lands complained of,
in writing, either personally or by registered mail, to remove such
brush, rubbish, weeds, dead or dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash or other debris, within 10 calendar
days after receipt of the notice. The Property Maintenance Officer
or designated official shall reinspect the lands in question after
the 10 day period. Nuisances not abated will result in the issuance
of a citation.
[1971 Code § 14-4.3; Ord. No. 13-04; amended 5-16-2023 by Ord. No. 2023-08]
It is the responsibility of every owner in possession of lands
to remove, grass, weeds, brush and other debris from property under
its control. If the owner, tenant, occupants or person in possession
of the lands in question shall fail to abate the condition complained
of within 10 calendar days after receipt of notice, and in the manner
required by the Borough, the same may be removed by or under the direction
of the Property Maintenance Officer or designated official.
[Added 5-16-2023 by Ord.
No. 2023-08]
The Removal of Grass, Weeds, Brush and Other Debris Violation
Fee Schedule shall be as follows:
[Added 5-16-2023 by Ord.
No. 2023-08]
The Property Maintenance Officer or designated official may
recommend to the Administrator that the condition complained of to
be abated and shall certify that the cost to the Council, who shall
examine the certificate and, if it is correct, cause the cost as shown
thereon to be charged against the lands. The amount so charged 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 lands, shall
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. Costs
shall be in addition to any penalties imposed for any violation of
this section.
[Ord. No. 13-16; Ord. No. 13-17; amended 6-16-2020 by Ord. No. 20-07]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of, or any other entity determined
by the Borough of Matawan to have authority to act with respect to
the property.
Any building or structure intended for or having an existing
commercial, industrial, mixed-use, single- or multifamily residential
use, and which is not legally occupied or at which substantially all
lawful commercial, business, construction operations or residential
occupancy has ceased, or said structure is in such condition that
it cannot legally be occupied without repair, renovation, or rehabilitation;
provided, however, that any property that contains all building systems
or components in working order and is being actively marketed by its
owner for sale or rental shall not be deemed vacant. Property determined
to be "abandoned property" in accordance with the meaning of such
term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78
et seq., which shall include commercial, industrial, single- or multifamily,
or mixed-use residential structures are deemed to be vacant property
for the purposes of this section. However, the owner or owner's agent
shall maintain and secure the property even if the property, building,
or structure has been placed for sale or rental until such time as
the property, building, or structure is sold or rented and occupied.
a.
Effective upon the adoption of this section, the owner of any vacant property or structure as defined herein shall within 60 days after the building or structure becomes vacant property or within 30 days after assuming ownership of the vacant property or structure, whichever is later, file a registration statement for each such vacant property or structure with the Property Maintenance Officer or any other designated Borough representative on forms provided by the Borough of Matawan for such purposes. The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building or structure remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 15-2.4 of this section for each vacant property registered.
b.
Any owner of any building that meets the definition of "vacant property"
prior to the effective date of this section shall file a registration
statement for that property on or before September 1, 2020. The registration
statement shall include the information required under the appropriate
subection of this section as well as any additional information that
the Borough may reasonably require.
c.
The owner shall notify the Property Maintenance Officer or any other
designated Borough representative within 30 days of any change in
the registration information by filing an amended registration statement
on a form provided by the Borough for such purpose. Upon any transfer
of title or change of ownership, the new owner of the vacant property
shall be assessed an initial registration fee in the amount of $500
as a new owner.
d.
The registration statement shall be deemed an official record and
business record in any administrative enforcement proceeding or court
proceeding instituted by the Borough of Matawan against the owner,
owners, or other responsible parties responsible for the building
or structure.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property or structure shall provide
access by the Borough's agent or representative to conduct an exterior
and interior inspection of the building to determine compliance with
the Municipal Code, following reasonable notice, during the period
covered by the initial registration or any subsequent renewal.
a.
The registration statement shall include the name, street address
and telephone number of a person 21 years of age or older, designated
by the owner or owners as the authorized agent for receiving notices
of code violations and for receiving process, in any court proceeding
or administrative enforcement proceeding, on behalf of such owner
or owners in connection with the enforcement of any applicable code.
This person must maintain an office in the State of New Jersey. The
statement shall also include the name of the person responsible for
the maintenance and security of the property, if different.
b.
An owner who is a person who meets the requirements of this section
as to location of residence or office may designate him or herself
as agent.
c.
By designating an authorized agent under the provisions of this section,
the owner or designated agent consents to receive any and all notices
of code violations concerning the registered vacant property and all
process in any court proceeding or administrative enforcement proceeding
brought to enforce code provisions concerning the registered building
by service of the notice or process on the authorized agent. Any owner
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner notifies
the Borough's agent or representative of a change of authorized agent
or until the owner files a new annual registration statement. The
designation of an authorized agent in no way releases the owner from
any requirement of this section.
The initial registration fee for each building shall be $500.
The fee for the first renewal is $1,000, and the fee for the second
renewal is $1,500. The fee for any subsequent renewal beyond the second
renewal is $2,000.
|
Vacant Property/Building Registration Fee Schedule
|
|---|
|
Initial registration: $500
|
|
First renewal: $1,000
|
|
Second renewal: $1,500
|
|
Any subsequent renewal: $2,000
|
The owner, owners, or the authorized agent of any building that
has become or is a vacant property, and any person maintaining, operating
or collecting rent for any such building that has become vacant shall,
within 30 days:
a.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the State of New Jersey and the Borough
of Matawan, or as set forth in rules and regulations adopted by the
Borough of Matawan to supplement those codes; and
b.
Post a permanent laminated or protected sign in a form specified
by the Borough agent or representative and affixed to the building
indicating the name, address and telephone number of the owner, the
owner's authorized agent for the purpose of service of process, and
the person responsible for day-to-day supervision and management of
the building, if such person is different from the owner holding title
or authorized agent. The sign shall be of a size and placed in such
a location so as to be legible from the nearest public street or sidewalk,
whichever is nearer, but shall be no smaller than 18 inches by 24
inches. The sign shall be professionally made and printed (no handwritten
signs will be permitted); and
c.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete.
The Borough of Matawan may issue rules and regulations for the
administration of the provisions of this section as it deems necessary.
a.
Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be in addition to the payment of
the prescribed licensing fee subject to a fine of not less than $200
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this section shall be recoverable from the owner and
shall be a lien on the property and all such legal fees associated
with any reasonable cost recoverable from the owner as well.
b.
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 15-2.2 through and including § 15-2.5 of this chapter, or such other matters as may be established by the rules and regulations of the Borough of Matawan, shall be deemed to be violations of this section.
c.
Nothing in this section is intended to nor shall be read to conflict
or prevent the Borough of Matawan from taking action against owners
of building or structures found to be unfit for human habitation or
are unsafe structures as provided in applicable provision of the Code
of the Borough of Matawan, including but not limited to provisions
of the State or Borough Building or Property Maintenance codes. Further,
any action taken under any such code provision other than the demolition
of a structure shall relieve an owner from its obligations under this
section.
d.
This section
shall take effect immediately upon final passage and publication and
in accordance with the laws of the State of New Jersey.
e.
The administration
of this within section shall be under the authority of the Property
Maintenance Officer of the Borough of Matawan.
[1971 Code § 19-14.1; Ord. No.
13-04]
All properties, buildings, and structures of residential properties
shall be subject to the following regulations:
a.
The exterior of any building, fence, or other structure shall not
be allowed to deteriorate to a condition which shall be a health or
safety hazard.
b.
No property or premises shall cause the accumulation of broken glass,
filth, garbage, rubbish, trash, litter, and debris.
c.
No property or premises shall allow vegetation to become overgrown
which shall include brush, weeds, plants, shrubs, and/or grass. In
the case of grass and weeds, the same shall not exceed 12 inches in
height at any time.
[Added 5-4-2021 by Ord. No. 21-07]
The purpose of this section is to preserve and protect private
and public property from the damaging spread of bamboo and other invasive
plants and to protect indigenous plants and the wildlife they support
from the spread of invasive plants from any neighboring property line.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Matawan, Monmouth County, New Jersey.
A distance of at least five feet from any lane, street or
road, whether public or private, or from any neighboring property,
whichever is more restrictive for the property owner.
All native and non-native vines and vegetation, including
ragweed, multiflora rose and kudzu-vine, that grow out of place and
are competitive, persistent, and pernicious. These plants may damage
trees, vegetation or structures.
Any written notice by, from or on behalf of the Borough,
notifying the property owner (s) that they are in violation of this
section and directing them to cure or fix the violation. Such notice
shall be sent by certified mail, return receipt requested, addressed
to the owner(s) listed on the current tax address on file with the
Borough. A copy may also be posted on the property in question.
All vegetation known as Reynoutria japaonica, Fallopia japonica,
and/or Polygonum cuspidatum (commonly known as Japanese knotwood)
and Ailanthus altissima (commonly known as “Tree of Heaven”).
Any property owner(s) or tenant(s) who, or which, have running
bamboo or invasive plants on their property, even if the bamboo or
invasive plant has spread onto their property from an adjoining property.
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
a.
No Planting
of Running Bamboo.
1.
The
planting of running bamboo is prohibited within the Borough.
2.
Any
existing running bamboo may not be replanted or replaced after any
such existing running bamboo has died or been removed.
3.
Any
person who plants or replants running bamboo within the Borough limits
after the effective date of this section shall be in violation of
this section and shall be subject to the penalties set forth herein,
subject to the following exceptions:
(a)
The root system of such running bamboo is entirely contained within
an aboveground planter and located so as to entirely prevent the spread
or growth of the plants’ root system beyond the container in
which it is planted; or
(b)
The root system is contained within a barrier, constructed in accordance
with the following specifications:
(1)
The barrier itself shall be composed of a highly density polypropylene
or polyethylene, with a minimum thickness of 6 mil (or 1/16 of an
inch);
(2)
Each portion of the barrier shall be joined together by the use of
stainless steel strips or clamps;
(3)
The barrier shall be a minimum of 30 inches deep, with two to three
inches of the barrier protruding above ground level around the entire
perimeter of the bamboo;
(4)
When installed, the barrier shall slant outward from the bottom to
top.
(c)
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than five feet from any property
line.
b.
Regulation
of Existing Running Bamboo.
1.
Any
running bamboo already in existence on any property within the Borough
limits as of the effective date of this section may remain on such
property, and be trimmed and maintained, provided that running bamboo
shall not be permitted within any buffer zone.
2.
Property
owner(s) shall take all necessary measures to ensure that any running
bamboo on their property does not exist within any buffer zone. Such
measure shall include, but are not limited to, cutting down running
bamboo existing in the buffer zone and physically removing or poisoning
the rhizomes or spraying any regrowth for several years until the
running bamboo is dead and, if running bamboo is permitted to remain
outside the buffer zone, installing sheathing comprised of metal or
other impenetrable material and placed no less than five feet from
the property line at a sufficient depth to prevent any growth of running
bamboo within any buffer zone.
3.
This
section shall not be deemed to alter any rights at common law or otherwise
that any property owner may have to recover the cost of removal of
running bamboo on their own property from another property owner from
whose property the running bamboo has spread.
c.
Removal
of Running Bamboo. If running bamboo on any property grows in or into
any buffer zone, the Borough shall give notice to the property owner(s),
as required by this section, that the said property owner(s) are responsible
for the extermination or removal of such running bamboo from the buffer
zone.
d.
Inspection.
All premises within the Borough shall be subject to inspection by
the Property Maintenance Officer to determine compliance with this
chapter as provided by law.
e.
Violations
and Penalties.
1.
Whenever
running bamboo is found planted in the ground on any plot of land,
lot or any other premises or place of contravention of the provisions
of this chapter, a notice shall be given to the property owner(s),
providing 30 days to remove or abate the same.
2.
The
cost of the removal and/or abatement shall be borne by the property
owner(s).
3.
If the
property owner(s) fail(s) to comply with such notice, the Property
Maintenance Officer may remove or otherwise control the running bamboo
and the Borough may thereafter recover the cost of such removal from
the property owner(s) and place a lien on the property to recover
the cost of the removal according to law.
4.
Any
person violating this section who fails to abate the violation after
notice shall be subject to a fine, not to exceed $500, plus costs,
for each day on which a violation has occurred, and for which the
property owner(s) has been found guilty. Each day on which the violation
occurs shall be a separate offense under this chapter.
a.
Plantings
and Prohibitions.
1.
All
new in-ground plants of invasive plants and prohibited plants are
strictly forbidden with the Borough.
2.
All
existing plantings of invasive plants must be contained by appropriate
physical barriers to prevent the growth or spread of invasive plants
within any buffer zone of any property.
3.
Prohibited
plants are hereby prohibited within the limits of the Borough and
all such plants shall be destroyed by the property owner(s) within
30 days or receiving written notice from the Borough.
b.
Inspection.
All premises within the Borough shall be subject to inspection by
the Property Maintenance Officer to determine compliance with this
chapter as provided by law.
c.
Requirements
of Property Owner(s).
1.
All
property owner(s) shall be required to control the growth of existing
plantings of invasive plants.
2.
The
failure of any property owner(s) to control the spread of invasive
plants within any buffer zone of residential or commercial property
is a violation of this chapter.
3.
The
failure of any property owner(s) to remove and/or destroy prohibited
plants growing upon residential or commercial property is a violation
of this chapter.
d.
Removal
or Abatement.
1.
Whenever
invasive plants or prohibited plants are found planted in the ground
on any plot of land, lot or any other premises or place in contravention
of the provisions of this chapter, a notice shall be given to the
property owner(s), providing 30 days to remove or abate the same.
2.
The
cost of the removal and/or abatement shall be borne by the property
owner(s).
3.
If the
property owner(s) fail(s) to comply with such notice, the Property
Maintenance Officer may remove or otherwise control the invasive plants
and/or prohibited plants and the Borough may thereafter recover the
cost of such removal from the property owner(s) and place a lien on
the property to recover the cost of the removal according to law.
4.
Any
person violating this section who fails to abate the violation after
notice shall be subject to a fine, not to exceed $500, plus costs,
for each day on which a violation has occurred, and for which the
property owner(s) has been found guilty. Each day on which the violation
occurs shall be a separate offense under this chapter.
[1971 Code § 19-2; Ord. No. 13-04]
Whereas, it is the purpose of this Article to ascertain whether
there are unsafe, unsanitary or unhealthy conditions existing in various
commercial and rental properties within the Borough and to determine
whether these properties are, or may become, substandard with respect
to structural integrity, equipment or maintenance and, further, that
such conditions, including but not limited to, structural deterioration,
lack of maintenance of exterior of premises, infestation, lack of
or poor maintenance of essential heating, plumbing, storage or refrigeration
equipment, lack of upkeep of essential utilities and facilities, existence
of fire hazards, inadequate provisions for light and air, unsanitary
conditions and overcrowding constitute a menace to the health, safety,
welfare and reasonable comfort of the citizens and inhabitants of
the Borough.
The purpose of the Commercial Property Maintenance Code is to
protect the public health, safety and welfare by establishing minimum
standards governing the maintenance, appearance and condition of commercial
premises and rental dwelling units; to fix responsibilities and duties
upon owners, operators and occupants; to authorize and establish procedures
for the inspection of commercial properties and rental dwelling units;
to fix penalties for the violations of the Commercial Property Maintenance
Code and provide for the right of access by the agents and employees
of the Borough to enforce compliance of the provisions hereof whenever
necessary. The Commercial Property Maintenance Code is declared to
be remedial and essential for the public interest and it is intended
that the Commercial Property Maintenance Code be liberally construed
to affect the purposes as stated herein.
The scope and purpose of the Commercial Property Maintenance
Code shall include jurisdiction to monitor rental of multi-dwelling
units and maintenance thereof within the Borough of Matawan.
[Ord. No. 95-18 § B; Ord. No. 13-04]
In accordance with the provisions of NJSA 40:49-5.1, the 2006
International Property Maintenance Code is hereby adopted by reference.
Three copies of the 2006 International Property Maintenance Code may
be found on file in the Office of the Borough Clerk.
[1971 Code § 19-3; Ord. No. 13-04]
As used in this Article:
Shall mean a lot or any tract of land on which, or on any
part of which, commercial activity of any kind takes place. Commercial
activity shall include, but is not limited to, gasoline stations,
retail sales, restaurants, taverns, professional activities, including
but not limited to medical, dental, legal, architectural, accounting
offices, personal services, including but not limited to real estate,
insurance, hairdressers, barber shops, repair shops of all kinds,
amusements, including but not limited to movies, skating rinks, bowling
alleys, automobile or trailer sales, whether new or used. Commercial
activity shall not include sales of agricultural products which are
produced on the premises, or a room in a private residence being used
by the owner of the residence as an office, provided the office is
used solely by the owner of the residence with no employees engaged
therein and to which the public is not admitted. In the event that
a portion of a private residence is used as a commercial property,
the entire premises shall be covered by this Article.
Shall mean those portions of any multi-family dwellings which
are for the common use of the tenants thereof, or for the use of the
general public. These shall include, but not be limited to, common
hallways and stairways, foyers, vestibules, basements, laundry rooms,
recreation rooms and garages.
Shall mean open spaces on the premises outside of any building
thereon or those portions of such buildings on the premises which
are exposed to the public view or the elements.
Shall mean animal, vegetable and other organic waste, resulting
from the handling, preparation, cooking and consumption of food or
other products.
Shall mean and include but not be limited to unsanitary conditions
or anything unreasonably offensive to the senses or dangerous to health
or anything which renders air, food or drink unwholesome or detrimental
to the health of human beings.
Shall mean any premises designed or existing for the purpose
of providing residence or abode or habitation of two or more families.
These shall include, but not be limited to, homes for two or more
families, apartment buildings or rooming houses whether furnished
or unfurnished.
Shall mean:
Any public nuisance known at common law or in law or equity
jurisprudence or has been provided for by the statutes of the State
of New Jersey or the ordinances of the Borough of Matawan.
Physical conditions dangerous to human life or detrimental to
health of persons including but not limited to defective chimney,
flue and vent attachments, natural growth, loose over hangings, dangerous
unsanitary conditions, sources of infestation, unsafe driveways, walks
and paths, including holes, excavations, breaks, projections, icy
conditions, uncleared snow or obstructions thereon.
Shall mean any person or persons, including the owner, having
actual possession or control of or use of a building or any part thereof.
Shall mean any person who alone or jointly or severally with
others shall have legal or equitable title to any premises, with or
without actual possession thereof, or any agent of the owner, or executor,
administrator, trustee, receiver or guardian of an estate, or as a
mortgagee in possession, regardless of how such possession was obtained.
Shall mean any lot or tract of land or any building or structure
located thereon.
Shall mean all putrescible and nonputrescible solid waste,
including but not limited to brush, weeds, broken glass, and debris
of any description, garbage, rubbish, junk, abandoned motor vehicles
and solid market and industrial waste.
Shall mean premises or parts of premises including, but not
limited to entire single-family dwellings, an apartment in a building
of two or more dwelling units or a furnished room which is rented
or leased or provided to a tenant whether for actual cash consideration
or as partial remuneration for services rendered.
Shall NOT include those rooms or apartments provided to "immediate
family members" within the dwelling unit, occupied by the owner thereof,
or any dwelling unit occupied by the owner as a personal residence.
"Immediate family members" shall be determined to be fathers, mothers,
brothers, sisters, sons-in-law, daughters-in-law, grandparents and
any other person of the second degree of kinship as well as civil
union partners and their dependents.
Shall mean combustible and noncombustible waste material,
excluding garbage but including liquid commercial and industrial waste.
[1971 Code § 19-4; Ord. No. 13-04]
Where the provisions of the Commercial Property Maintenance
Code impose a higher standard than is set forth in any other ordinance
of the Borough or under the laws of the State of New Jersey, then
the standards set forth herein shall prevail, but if the provisions
of the Commercial Property Maintenance Code impose a lower standard
than any other ordinances of the Borough or the laws of the State
of New Jersey, then the higher standard contained in any other such
ordinance or law shall prevail. It is the intention of the Commercial
Maintenance Code to supplement, but not to replace other codes, ordinances
or laws, either adopted or to be adopted by the Borough or its legally
constituted regulatory agencies or laws adopted by the State of New
Jersey.
[1971 Code § 19-5.1; Ord. No. 13-04]
The Mayor, with the consent of the Borough Council, shall designate
the Property Maintenance Officer who shall serve for a term of one
year to exercise the powers prescribed by the Commercial Property
Maintenance Code. The appointment shall be for a calendar year and
in the event of a vacancy, the vacancy shall be filled for the remainder
of the term.
Former Section 15-17, Hearing Board, previously codified herein
was deleted by Ordinance No. 13-01.
[1971 Code § 19-6.1; Ord. No. 13-04]
All properties covered by the Commercial Property Maintenance
Code must be available and accessible for periodic inspections, which
will be made at reasonable and established intervals at the discretion
of the Property Maintenance Officer or his authorized representatives.
Owners, operators and occupants are required to provide the necessary
arrangements to facilitate these inspections. The Property Maintenance
Officer is hereby authorized and empowered to apply for, obtain and
execute a search warrant for any building subject to the Commercial
Property Maintenance Code whenever necessary to inspect such building
or premises.
[1971 Code § 19-6.2; Ord. No. 13-04]
All inspections and reinspections shall be made during daylight
hours or during hours when the buildings and premises are open to
the public, unless other arrangements are jointly made between the
Property Maintenance Officer and the owner, operator or occupant of
the premises, or, unless there is reason to believe a violation exists
of a character which is an immediate threat to health and safety requiring
inspection and abatement without delay.
[1971 Code § 19-6.3; Ord. No. 13-04]
All income producing Commercial properties as covered by the Commercial Property Maintenance Code except as listed in subsection 15-18.5 shall be inspected either before occupancy by a tenant not previously occupying the premises or between tenancies and that a Certificate of Occupancy be issued to each subject dwelling unit either before occupancy or between occupancies of tenants; if for any reason the Certificate of Occupancy inspection is requested while the commercial dwelling unit is occupied a letter must accompany the Certificate of Occupancy application requesting a waiver of inspection while the rental unit is occupied outlining the reasons for the waiver request. The granting of this waiver will be at the sole discretion of the Property Maintenance Code Officer.
a.
The Property Maintenance Code Officer may change the day and time
of inspection upon verbal notice to the landlord or individual requesting
the inspection.
b.
In the event the inspection reveals violations of such a nature so
as to render occupancy unsafe, the owner shall be responsible for
the reasonable moving costs and temporary dwelling costs of the tenant
until the premises are made safe for occupancy.
c.
The landlord shall include in its lease, or a notice attached to
the lease, a statement that the State of New Jersey, Department of
Community Affairs, inspections municipal dwellings of the three units
or more every five years and that the Borough of Matawan has a Property
Maintenance Code, copies of which are available for review in the
apartment superintendent's office and at the Borough Hall. A brief
one page summary of the Property Maintenance Code shall be permanently
and (1) conspicuously affixed in every dwelling unit together with
a list of telephone numbers of the appropriate officials and employees.
d.
Copies of all notices required under this Article shall be supplied
to the owners at the addresses supplied and specified by the owners.
The master copies of the notice shall be supplied to all municipal
dwelling owners by the Property Maintenance Officer.
[1971 Code § 19-6.4; Ord. No. 13-04]
An inspection will be required when requested by an occupant
of a commercial property or by a tenant or occupant of a rental dwelling
unit provided that the petitioner:
a.
Is the tenant or occupant of the premises; and
b.
Files the petition in writing with the Property Maintenance Officer
of the Borough of Matawan Clerk's Office and with the property owner,
specifying a violation under the Commercial Property Maintenance Code;
and
c.
Agrees to provide access to the premises under his control for the
purposes of inspection and for the abatement of any violation found
to exist; and
d.
In the event that a petition for inspection is so made, the property
owner shall have 10 calendar days to correct the violation and to
notify the Property Maintenance Officer of its action. If petitioner
still requests an inspection and if the violation still exists, the
property owner shall pay the fee. The inspection will be made within
(10) calendar days.
e.
A neighbor or interested party may request an inspection utilizing
the same procedure as in 15-18.4b and setting forth the alleged infraction
observed.
[1971 Code § 19-6.5; Ord. No. 13-04]
a.
When an inspection certificate has been issued in within the previous 60 days, however, should these premises have been occupied during the 60 day period and a change in occupant is to be accomplished, then the provisions of subsections 15-18.3 regarding inspections shall still apply.
b.
For 12 months after the issuance of a Certificate of Occupancy for
a new commercial or rental dwelling unit.
c.
When an existing tenant or occupant remains in the same commercial
or rental dwelling unit under a new lease or as a holdover.
[1971 Code § 19-6.5; Ord. No. 13-04]
Within two calendar days after the completion of any inspection covered in subsections 15-18.1, 15-18.3 and 15-18.4, the Property Maintenance Officer shall either:
a.
Issue an inspection certificate indicating favorable findings as
to matters which are embraced in the Commercial Property Maintenance
Code; or
b.
If, in the opinion of the Property Maintenance Officer, only minor
violations are found to exist after the inspection, a temporary inspection
certificate can be issued, permitting a new occupant to conditionally
occupy the premises. This shall specify that the owner or operator
has agreed to make all required repairs within 15 calendar days after
the receipt of such a temporary certificate. For the purpose of this
paragraph, "minor violations" shall be construed to mean violations
whose correction would not exceed a total cost of $1,000 and which
do not present an immediate danger to health, safety or welfare of
the occupant; or
c.
Issue a written notice of violation to the owner or operator, prohibiting
occupancy until reinspection shall show the violations to have been
corrected. This notice of violations must enumerate each violation
of the Commercial Property Maintenance Code found during the original
inspection and give the owner or operator dates for the abatement
of these violations.
[1971 Code § 19-7; Ord. No. 13-04]
The exterior of premises and structures shall be kept free of
nuisances and hazards to the safety of occupants, pedestrians and
other persons utilizing the premises, and free of hazards which will
include but are not limited to the following:
a.
Refuse. Broken glass, filth, garbage, trash, litter and debris.
b.
Natural Growth. Brush, weeds, ragweed, stumps, roots and obnoxious
growth; dead and dying trees and limbs or other natural growth which,
through rotting or deteriorating conditions or storm damage, constitute
a hazard to persons in the vicinity. Trees shall be kept pruned and
trimmed to prevent such conditions.
c.
Overhanging. Loose and overhanging objects and accumulations of ice
and snow above ground level, which constitute a danger of falling
on persons in the vicinity.
d.
Ground Surface Hazards or Unsanitary Conditions. Holes, excavations,
breaks, projections, obstructions, ice, uncleared snow and excretion
of pets and other animals on paths, walks, driveways, parking lots
and parking areas, and other parts of the premises which are accessible
to and used by persons on the premises. All holes and excavations
shall be filled and repaired, walks and steps repaired and other conditions
removed where necessary to eliminate hazards or unsanitary conditions.
It shall be the responsibility of owners and operators to take reasonable
steps to discover and remove any such hazards or unsanitary conditions
which may exist on their premises.
e.
Recurring Accumulations of Stormwater. Adequate run-off drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
f.
Sources of Infestation.
g.
Duty to Remove Snow and Ice. The owner of any commercial property
or of an apartment complex consisting of more than one unit shall
be required to minimize the hazards associated with the presence of
snow, ice and slush on the sidewalks and walkways abutting the property.
Snow shall be removed within 24 hours of the last precipitation and
sand, salt, ashes or other appropriate material shall be applied to
the cleared surface to alleviate any hazardous condition. In apartment
complexes all private roadways, primary walkways, steps and porches
used by residents to access their units, automobiles, laundry rooms
and other common areas shall be cleared in accordance with requirements
imposed on commercial property owners. Secondary walkways shall be
cleared within 48 hours.
Owners of apartment complexes with less than six residential
units may obligate their tenants, by written clause in their lease,
to perform the obligations imposed by this section. Where hazardous
conditions exist because of the melting and refreezing of water, rain
or snow the owner shall be required to make diligent efforts to eliminate
or minimize the condition so created.
h.
Where the responsibility for maintenance of premises and structures
including but not limited to all landscaping and snow removal has
not been designated by a written lease or similar agreement, the responsibility
for the same shall be that of the property owner.
[1971 Code § 19-8.1; Ord. No. 13-04]
All trees, shrubs, bushes and hedges and plantings of other
types shall be kept trimmed as necessary to prevent them from becoming
overgrown and to prevent them from encroaching on all paths, driveways,
sidewalks and parking areas to the point where they prevent free movement
thereon or otherwise create a hazard to persons using them.
[1971 Code § 19-8.2; Ord. No. 13-04]
All signs of any type permitted by reason of other regulations
or as a lawful nonconforming use, shall be maintained, painted and
in good repair.
[1971 Code § 19-8.3; Ord. No. 13-04]
All paved areas including, but not limited to, sidewalks, paths,
driveways, patios, porches or any type of masonry construction, parking
lots, driveways which are accessible to and used by persons on the
premises, shall be kept in good repair, free of hazards and unsanitary
conditions, including but not limited to holes, excavations, breaks,
projections, obstructions, ice, snow and litter. All such holes and
excavations shall be filled and repaired, walks and steps repaired
and other conditions removed where necessary to eliminate hazards
or unsanitary conditions with reasonable dispatch upon discovery.
It shall be the responsibility of the owner, operator or occupant
to take reasonable steps to discover, remove and abate any such hazard
or unsanitary condition which may exist on the premises.
[1971 Code § 19-9; Ord. No. 13-04]
In those types of premises where garbage collection is not provided
by municipal collection, it shall be the responsibility of the owner
or operator of the premises to provide for, by private contract or
otherwise, scavengers for the removal of refuse, rubbish and garbage
and shall provide for such removal with sufficient frequency as to
prevent undue accumulation on the premises. Further, it shall be the
responsibility of the owner or operator of these premises to provide
sufficient and suitable receptacles for receiving and holding refuse,
rubbish and garbage and receptacles shall be maintained in such a
manner with covers in place, so as to prevent the creating of a nuisance,
and shall be kept in a place separate and apart from sidewalks and
other pedestrian areas, except when set out for collection during
the hours of a day scheduled for such a collection.
It shall be the duty of the owner or operator in the case of
multifamily dwelling units and the duty of the occupant in the case
of commercial premises to maintain the exterior of all premises and
common areas of all buildings located thereon in a manner which keeps
them free from accumulation of litter, refuse, rubbish and garbage
and other unsafe and unsanitary conditions, and to prevent any nuisances
from being created thereon.
[1971 Code § 19-10; Ord. No. 13-04]
Every owner, operator or occupant shall be responsible for the
elimination of infestation in and on the premises subject to his control.
[1971 Code § 19-11; Ord. No. 13-04]
a.
All parts of the premises under the control of an occupant shall
be maintained in a clean and sanitary condition and the occupant shall
refrain from any act which would render other parts of the premises
unclean or unsanitary or which would obstruct the owner or operator
from performing any duty hereunder required.
b.
Owner shall have the right to petition the Property Maintenance Officer
to inspect an apartment if owner believes that a violation exists.
c.
Occupants are specifically made responsible for any litter or excretions
of their pets both within the apartment and on the common premises.
[1971 Code § 19-12; Ord. No. 13-04]
All buildings covered by the Commercial Property Maintenance
Code shall be kept free of nuisances or other conditions which may
constitute health, safety or fire hazards for occupants, neighbors
or the general public. The owner, operator or occupant (as provided
by contractual agreement between owner and occupant) of every such
building shall, along with other responsibilities necessary to attain
these objectives:
a.
Maintain all floors and supporting structural members in sound condition
capable of safely bearing imposed loads.
b.
Supply properly fitting screens in good repair for windows in multifamily
dwellings. Such screens shall be installed and maintained by owner
or operator from May 1 to October 1 of each year. Window screens shall
be required on those apartments provided with air-conditioning units.
All windows shall be in operational order and in the event of double
hung combination windows the bottom portion shall be in operational
order.
c.
Keep walls and ceilings in good repair, free from breaks, loose plaster
and similar conditions. Walls and ceilings shall be protected with
paint, paper, sealing material or other covering so they may be clean,
free from visible foreign matter, sanitary and well maintained at
all times. The use of wall covering materials shall be restricted
to those allowed in the lease of landlord. The landlord shall broom
clean all apartments prior to occupancy by a new tenant. Every apartment
shall be painted prior to the issuance of a Certificate of Occupancy
unless the apartment has been painted within the prior six months
and upon inspection by the Property Maintenance Code Officer that
painting is deemed unnecessary. All leases shall contain a provision
that all apartments shall be painted during the term of tenancy but
no less than at three year intervals. If the landlord fails to paint
or, at the tenant's request, fails to provide reasonable credit for
paint, the tenant may request an inspection by the Property Maintenance
Code Officer. The Officer shall declare the extent to which, if any,
painting must be provided by the landlord.
d.
Maintain all stairways structurally sound and free from defects,
provide hand railings or banisters for all stairs, balconies, fire
escapes and stairwells, keeping them securely attached, maintained
free from defects and of sufficient height to guard against accidents
and be appropriate for use by persons of normal height; provide adequate
lighting for all stairs with control switches operable from each story
except in those cases where artificial lighting for hallways and common
areaways is supplied in accordance with State law from a master control
switch.
e.
Maintain the building electrical system, including but not limited
to fuse panels, lighting switches and wall outlets in a safe and operable
manner.
f.
Maintain the buildings, heating system, including but not limited
to all furnaces, boilers, plumbing, ductwork, radiators, vents, chimneys,
flues, thermostats and other regulatory and safety devices in operable
condition and free of defects.
g.
Maintain all connections of plumbing fixtures to the sanitary sewer
through lines which are free of leaks, corrosion or deterioration
and provide unobstructed passage from the plumbing facilities within
the dwelling to the sanitary sewer. Maintain all plumbing fixtures
in a sanitary and operable condition and free from holes and leaks.
Maintain hot water system, including all safety devices connected
thereto in operable condition and free of defects.
h.
Provide for maintenance of all common areas on the premises at sufficient
intervals to insure that they are maintained in a safe, sanitary and
orderly condition.
i.
In all multifamily apartments smoke detectors approved by Underwriters
Laboratories shall be installed and maintained in each apartment by
the owner upon the earliest of the following events:
j.
All commercial property which have residential units attached shall
have smoke alarms and/or heat detectors, with the commercial unit
alarms audible within the residential units. All such detectors must
be approved by the Property Maintenance Officer who will also determine
the number and locations of the same.
k.
All sidewalks, steps, driveways, parking spaces, and other paved
areas intended for public use shall be kept in a proper state of repair
and free of snow, ice, and all debris. The owner, operator, or occupant
shall repair or replace any sidewalk or driveway, which by reason
of its condition shall constitute a danger to public health or safety.
l.
Every occupant wall shall be free of breaks, loose or rotting boards
or timbers, and shall not admit rain or dampness to the interior walls
or occupied spaces of the building. All exterior surface materials
shall be maintained weatherproof and shall be properly surface coated
when required to prevent deterioration.
m.
Roofs shall be structurally sound, water-tight and impervious to
rain. Gutters and drain spouts shall be properly maintained. Runoff
from drains and roofs shall not erode soil or create a hazardous condition.
n.
All decorative features shall be maintained in good repair and shall
be safely anchored to the structure.
o.
All overhanging extensions such as canopies, marquees, signs, metal
awnings, stairways, fire escapes, standpipes, and exhaust ducts shall
be protected against decay and rust by the application of weather
coating material, paint, or other protective treatment. They shall
be safely mounted and securely anchored.
p.
The owner, operator, or occupant shall immediately remove all scratches,
symbols, words, or other markings commonly known as graffiti.
q.
All chimneys, cooling towers, smoke stacks, and similar structures
shall be protected against decay and rust by application of weather
coating material, paint, or other protective treatment. They shall
be maintained in such a manner that they are structurally safe and
in good repair.
r.
Stairs, porches, and balconies and their attachments shall be safely
constructed and capable of supporting the imposed loads and shall
be maintained in sound condition. Railings must be attached to any
rise exceeding 24 inches. Guard rails must be installed in those areas
of an open or partially open porch, deck or similar open structures
which exceed 24 inch rise from ground level.
s.
Notwithstanding any provision to the contrary all structures and
adjoining premises shall be maintained in a safe and sanitary manner.
No condition shall be permitted to exist which is hazardous or which
detracts from the appearance of the surrounding area.
[1971 Code § 19-13.1; Ord. No.
13-04]
In every complex containing four or more dwelling units, the
owner shall provide or designate a superintendent, janitor, caretaker
or housekeeper who shall at all times maintain the premises in compliance
with the Commercial Property Maintenance Code, the State Uniform Construction
Code, the health and sanitary ordinances and fire ordinances of the
Borough. In the event the individual shall not reside on the premises,
the owner shall make such individual's name, address, telephone number
and work schedule known to all tenants and the Borough Clerk the name
of an alternate individual who shall be responsible during the absence
of the superintendent, janitor, caretaker or housekeeper.
[1971 Code § 19-13.2; Ord. No.
13-04]
In any premises containing 30 or more dwelling units, rooming
units or combination thereof, the superintendent or janitor or caretaker
or housekeeper shall reside on the premises. Where more than one building
or adjoining premises or premises in near proximity, but in no case
beyond the boundaries of Matawan Borough, to each other are in common
ownership or under common management or maintenance supervision a
resident superintendent, janitor, caretaker or housekeeper of one
building may assume responsibility for the other building or residence.
Where there are six to 30 dwelling units, rooming units or a combination
thereof, including condominiums and cooperatives, a part-time superintendent,
janitor or caretaker must reside within a reasonable accessible distance
from the building.
[1971 Code § 19-13.3; Ord. No.
13-04]
The superintendent, janitor, caretaker or housekeeper shall
have sufficient knowledge, competence and responsibility and shall
have the authority from the owner or operator to attend to arrange
for continual operation of all essential services and facilities required
under the Commercial Property Maintenance Code.
[1971 Code § 19-13.4; Ord. No.
13-04]
The failure of any superintendent, janitor, caretaker or housekeeper
to comply with the provisions of the Commercial Property Maintenance
Code, even in disobedience of instructions, shall not relieve the
owner or operator from the duties and responsibilities imposed by
the Commercial Property Maintenance Code.
[1971 Code § 19-13.5; Ord. No.
13-04]
The owners of every complex having four or more dwelling units
shall file with the Borough Clerk a statement containing the name
and address of the owner, the name and address of the lessor if other
than the owner and the name and address of the agent, if any, in charge
of the premises as well as the name and address of the person authorized
to receive notice or process under the Commercial Property Maintenance
Code. Upon any change occurring in title or agency, the owners shall
within 15 calendar days of the change notify the Borough Clerk in
writing as to the change in pertinent information. The Clerk shall
transmit this Annual Registration Statement to the Police and Fire
Departments and the Property Maintenance Officer.
[1971 Code § 19-13.6; New; Ord.
No. 13-04]
The owners of any complex subject to this Article shall, on
or before January 31 of each year, file with the Fire Official or
other designated official, a complete list of the names of all tenants,
the apartment number which they occupy and apartment numbers of all
unoccupied apartments. This list shall be updated on April 1, July
1 and October 1 indicating any changes in occupancies and vacancies.
[1971 Code § 19-13.7; Ord. No.
13-04]
Prior to the employment of any person to perform maintenance services to the dwelling units located in the complex, including superintendents, managing agents, and all persons similarly hired to perform services at a location governed by "The Hotel and Multiple Dwelling Law" (N.J.S.A. 5:13A-1 et seq.) the owner shall cause an investigation into whether or not the applicant shall be by reason of training or experience be competent to perform the duties entrusted to him, familiar with the requirements contained in this subsection. "The Hotel and Multiple Dwelling Law" and "The Regulations for Maintenance of Hotels and Multiple Dwellings" (NJAC 5:10-1.1). Additionally, the owner shall make inquiry of the applicant of prior criminal convictions and shall in addition to the inquiry confirm independently the absence or existence of a criminal conviction. This section shall not apply to any person employed or subcontracted by the owner to perform exterior maintenance repairs and who shall not, in the course of his duties, enter into any dwelling unit. The owner shall maintain written confirmation of the investigation, which shall be made available upon demand to the Property Maintenance Code Officer. Failure to comply with the provisions of this section shall subject the owner to the penalties described in Section 15-30.
[1971 Code § 19-14; Ord. No. 01-16; Ord. No. 13-04]
a.
Applications for an inspection certificate, except an application under subsection 15-18.4, shall be submitted in writing to the Property Maintenance Code Officer or to the Clerk's office accompanied by a fee of $35;
b.
In the event that the Property Maintenance Officer or his designated
official must return to the commercial or dwelling unit for subsequent
inspections, there shall be a fee of $25 per inspection payable at
the time of each subsequent inspection, which payment shall be made
before final Certificate of Occupancy may be issued.
[1971 Code § 19-15; Ord. No. 13-04]
The Property Maintenance Officer, or his delegate acting as
an inspector, shall be supplied with official identification by the
Borough and shall exhibit such identification when entering any dwelling
unit building or part thereof, subject to the Commercial Property
Maintenance Code. Such persons making inspection shall conduct themselves
as to avoid intentional embarrassment or inconvenience to the occupant.
The purpose of the inspection shall be explained to the occupant.
All such inspections shall be during normal working hours, if possible,
or at a convenient time arranged between the Property Maintenance
Officer and the owner or tenant.
[1971 Code § 19-16; Ord. No. 13-04]
Where a violation of the Commercial Property Maintenance Code
is found to exist, a written notice from the Property Maintenance
Officer, or his agent, shall be served on the person or persons responsible
for the correction thereof. The notice shall specify the violation
or violations found to exist, what must be done to correct or abate
same, a reasonable time not to exceed 30 calendar days to make such
corrections, the right of the person served to request a hearing and
that the notice of the Property Maintenance Officer or his agent shall
become an order 10 days after service unless a hearing is requested
pursuant to this section. The 30 calendar day time limit set forth
herein shall not be effective where specific time limits are set forth
in other sections of the Commercial Property Maintenance Code.
[1971 Code § 19-16.1; Ord. No.
13-04]
Notice may be served personally on an owner, operator or his specified agent or upon occupant, as the case may be. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place on the premises where the owner or operator or lessor has failed to register pursuant to subsection 15-25.5. Where the notice is directed to an occupant, service may also be made by posting same on the door or entrance to the area he occupies.
[1971 Code § 19-6.2; Ord. No. 13-04]
10 calendar days from the date of service of a notice, the notice
shall constitute a final order unless any person affected by the notice
requests a hearing thereon and serves a written request within the
10 calendar day period in person or by mail on the Property Maintenance
Officer or the Borough Clerk, and in the case of multifamily units
further posts copies of the request at conspicuous places for tenants
to see. Such a request for a hearing shall set forth briefly the grounds
or reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which is to be disputed
at the hearing. The Property Maintenance Officer, upon receipt of
the request, shall within 30 days therefrom and upon five calendar
days' notice to the party aggrieved, set the matter down for a hearing.
The Hearing Board shall conduct the hearing and decide the issues
presented to it.
[1971 Code § 19-6.4; Ord. No. 13-04]
The Property Maintenance Officer, where necessary, may extend
the time for correction or abatement of the violations for an additional
reasonable period of time.
[1971 Code § 19-16.5; Ord. No.
13-04]
Where the violation or condition existing on the premises are
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Property Maintenance Officer
may either abate the violations immediately or order the owner, operator
or occupant to abate the violation or condition within a period of
time, not to exceed three calendar days, and upon failure to do so,
the Property Maintenance Officer shall abate the condition immediately
thereafter.
[1971 Code § 19-16.6; Ord. No.
13-04]
Where abatement of any nuisance, correction of a defect in the
premises or the maintenance of the premises in a proper condition
so as to comply with the requirements of any municipal ordinance or
State law applicable thereto, requires expenditure of funds, the Property
Maintenance Officer shall present a report of the work proposed to
be done to accomplish the foregoing to the Borough Administrator with
an estimate of the cost thereof along with a summary of the proceedings
undertaken by the Property Maintenance Officer to secure compliance,
including notices served upon the owner or operator of the premises
involved and orders issued by the Property Maintenance Officer. The
Borough Administrator may thereupon authorize the immediate closing
of the premises, if recommended by the Property Maintenance Officer,
and/or abatement of the nuisance, correction of the defect or work
necessary to place the premises in proper condition and in compliance
with the ordinance of the Borough and the laws of the State of New
Jersey. The Property Maintenance Officer may thereafter proceed to
have the work performed in accordance with the authorization but is
not to exceed the amount specified in the authorization, and shall,
upon completion thereof, submit a report of the moneys expended and
costs to the Mayor and Council. After review of the same, the Mayor
and Council, finding them to be in order, shall approve the expenses
and costs and cause them to be paid from the repair deposit fund and
shall request a replenishment of the repair fund from the owner. The
copy of the resolution approving the expenses and costs shall be certified
by the Clerk and a copy of this report and resolution shall be sent
by certified mail to the owner.
[1971 Code § 19-16.6; Ord. No.
13-04]
a.
Emergency Repair Security Deposit. Upon change of ownership, the
new owner of a multifamily dwelling of six or more units shall deposit
with the Borough Clerk the sum of $40 per apartment with a maximum
of $4,000 for each apartment building or complex. When emergency conditions
or the failure of the owner to correct violations require the municipality
to take corrective measures, these deposits shall be used to defray
the costs. The owner shall be responsible, in addition, for any excess
costs and shall replenish the deposit funds within 10 days of request
to do so by the Borough Clerk. These funds shall be deposited in an
interest bearing account for the benefit of the individual owners.
b.
Return of Security Deposit. After the deposit has been held by the
Borough Clerk for a period of at least two years, the owner shall
have the right to petition the Hearing Board to review the necessity
for the security deposit for any particular building or complex. The
Hearing Board shall have the power to return to the owner all or a
portion of the security deposit, if in the opinion of the Hearing
Board the deposit is no longer required.
c.
Reinstatement of Security Deposit. If at any time after a refund
of all or a portion of the security deposit the Hearing Board is of
the opinion that due to a change in ownership or other circumstances,
the security deposit is required again, it shall have the power to
notify the owner to reinstitute the security deposit within 15 days
of the notification.
[1971 Code § 19-17; New; Ord. No.
13-04]
Any person 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. 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.
