Borough of Farmingdale, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Prior ordinance history: Ord. 12/17/91; Ord. No. 06-01]
[Ord. No. 2009-11]
This chapter and its subordinate sections and subsections shall be known as the "Property Maintenance Code of the Borough of Farmingdale."
[Ord. No. 2009-11]
The purpose of this chapter is to protect the Borough of Farmingdale and its residents from the increasing burden of costs incurred by the Borough in maintaining neglected and/or abandoned property which has become dangerous to the citizens of the Borough of Farmingdale as a whole and detrimental to the life, health, property and safety thereof.
[Ord. No. 2009-11]
The provisions of this chapter are remedial and shall apply to the condition of all land and materials thereon, whether man-made or natural, and premises and the use, occupancy, structural condition, removal and demolition of all structures and appurtenances connected or attached thereto, irrespective of their date of construction, alteration, repair or installation.
[Ord. No. 2009-11]
a. 
Except for emergency circumstances, this chapter shall be enforced only after violations have first been brought to the attention of the premises owner (as defined herein) by the issuance of a violation notice and a reasonable time and full opportunity for voluntary compliance has been afforded to the owner as enumerated in subsection 15-1.16.
b. 
After notice of violation and a reasonable opportunity for compliance, the Borough may proceed to enforce this and other Code sections in Municipal Court and/or Superior Court to recoup all costs incurred by the Borough in seeking compliance or abating the violation, including attorneys' fees and costs.
[Ord. No. 2009-11]
The following terms, wherever used herein or referred to in this section, shall have the respective meanings assigned to them hereinafter, unless a different meaning clearly appears from the context:
ABANDONED VEHICLE
Shall mean and include any motor vehicle including trailer, omnibus, road tractor, boat trailer, truck, truck-trailer or other vehicle which is unregistered and/or without a currently valid license plate or is in a rusted, wrecked, discarded, dismantled, partially dismantled, inoperative or in an abandoned condition.
[Amended 7-12-2011 by Ord. No. 2011-05]
BASEMENT
Shall mean cellars and crawl spaces; that portion of a building which is partly or completely below grade.
BLIGHTING
Shall mean to allow or cause deterioration of structures and/or premises, including unsightly conditions, which affect the health, safety and welfare of the community, including any diminution in property values of the surrounding area.
CODE
Shall mean the revised Municipal Ordinances of the Borough of Farmingdale and those documents, statutes, regulations and rules adopted by reference therein.
COMMERCIAL PREMISES
Shall mean a building or buildings, or any part thereof, and the lot or tract of land upon which the building or buildings are situated, where commercial activity of any kind takes place. Commercial activity shall include but is not limited to gasoline service stations; stores for retail sales; liquor stores, taverns and inns; restaurants; professional activities, including but not limited to medical, dental, legal, architectural and accounting; personal services, including but not limited to real estate, insurance, barbershops and hairdressers; repair shops of all kinds; and amusements, including but not limited to movies, skating rinks and bowling alleys; whether part of a shopping area or not. Commercial activity shall not include sale of agricultural products produced on the premises.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
DETERIORATION
Shall mean the condition of a building or structure or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, missing members, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
DWELLING UNIT
Shall mean a room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
EXPOSED TO PUBLIC VIEW
Shall mean any premises or land or any part thereof of any building or structure or any part thereof, which may be lawfully viewed by the public, or any member thereof.
EXTERIOR OF THE PREMISES
Shall mean open space on the premises outside of any building located thereon.
GARBAGE
Shall mean and include but not limited to putrescible animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food. (See also "refuse" and "rubbish.")
HABITABLE ROOMS
Shall mean rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water closet compartments, home laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms or utility rooms. Other rooms or spaces that are not used frequently or for an extended period of time or have less than 50 square feet of interior floor area shall not be considered as habitable rooms.
HARBORAGE
Shall mean any condition, man-made or natural, which may afford a breeding place or hiding place for rodents, insects or other pests.
INFESTATION
Shall mean the presence of insects, rodents, vermin or other pests on the premises which constitutes a health hazard either to the occupants of the premises and/or to surrounding properties and/or residents.
MULTIPLE DWELLING
Shall mean any building or structure and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied or intended to be occupied, or as defined in the Hotel and Multiple Dwelling Act, N.J.A.C. 5:10, as amended.
OCCUPANT
Shall mean any person having actual possession of the premises or any part thereof.
OPERATOR
Shall mean any person who has charge, care or control of a dwelling or premises or any part thereof, whether with or without the knowledge and consent of the owner.
OWNER
Shall mean any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or assigning any part of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
PARTIES IN INTEREST
Shall mean all individuals, associations or corporations who have interest of record in a building, structure or property and any who are in actual possession thereof.
PERSON
Shall mean and include all manner of corporations and commercial entities as well as individuals.
PEST CONTROL
Shall mean the control and elimination of insects, rodents, vermin, vegetation and fungus.
PREMISES
Shall mean a lot, plot or parcel of land, including the buildings or structures thereof.
PUBLIC AUTHORITY/ENFORCEMENT OFFICER
Shall mean any officer who is in the employ of any department or branch of the government of the Borough of Farmingdale, County of Monmouth or State of New Jersey, relating to health, police/public safety activities, fire, property maintenance, code enforcement, building regulations or to other activities concerning buildings and land in the municipality.
PUBLIC OFFICER
Shall mean the officer designated to serve as the public officer hereunder. All inspections, regulations, enforcement and hearings on violations of the provisions of the following Code sections, unless expressly stated to the contrary, shall be under his/her direction and supervision. He/she may appoint or designate such other local public officers or employees to perform duties as may be necessary to the enforcement of this Code, including but not limited to the making of inspections and the holding of hearings. These appointments must be approved by the Mayor and Council of the Borough of Farmingdale.
REFUSE
Shall mean and include but not be limited to any putrescible and nonputrescible solid waste (except bodily waste), including but not limited to garbage, rubbish, ashes, street cleanings, offal, abandoned automobiles and solid market and industrial wastes. (See also "garbage" and "rubbish.")
RUBBISH
Shall mean and include but not be limited to nonputrescible solid waste consisting of both combustibles and wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. (See also "garbage" and "refuse.")
SHOPPING CENTER
Shall mean one or more buildings or parts thereof designed or existing as a unit, occupied or to be occupied by one or more businesses for the conduct of retail sales with parking space.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. No. 2009-11]
a. 
Any public nuisance recognized in common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Farmingdale.
b. 
Any attractive nuisance, which may prove detrimental to the health or safety of children, whether in a building on the exterior of premises or upon an unoccupied lot. Attractive nuisances include but are not limited to abandoned swimming pools, abandoned ice boxes and/or refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or holes and/or excavations or vegetation, such as poison ivy, oak or sumac, which may prove hazardous for inquisitive minors.
c. 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
d. 
Overcrowding of a room with occupants in violation of the State Fire Code and/or N.J.A.C. 5:10, the Hotel and Multiple Dwelling Act.
e. 
Inadequate or unsanitary sewerage or plumbing facilities in violation of the Uniform Constitution Code, N.J.A.C. 5:23-1 et seq., as amended, and this Code and any laws, regulations and rules adopted thereby.
f. 
Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this Code.
g. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
h. 
Fire hazards/dangerous conditions or any dangerous or hazardous conditions that are outlined as follows:
1. 
Dangerous conditions that are liable to cause or contribute to the spread of fire in or on said premises, building or structure or endanger the occupants thereof.
2. 
Conditions that would interfere with the efficiency and use of any fire-protection equipment.
3. 
Obstruction to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the egress of occupants or the operation of the Fire Department in case of fire.
4. 
Accumulations of dust or waste material in air-conditioning or ventilating systems or grease in kitchen or other exhaust ducts.
5. 
Accumulations of grease on kitchen cooking equipment or oil, grease or dirt upon, under or around any mechanical equipment.
6. 
Accumulations of rubbish, waste, paper, boxes, shavings or other combustible materials or excessive storage of any combustible material.
7. 
Hazardous conditions arising from defective or improperly used or installed electrical wiring, equipment or appliances.
8. 
Hazardous conditions arising from defective or improperly installed equipment for handling or use of combustible, explosive or otherwise hazardous materials.
i. 
Insufficient ventilation or illumination in violation of this Code.
[Ord. No. 2009-11]
The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners. Such maintenance shall include the following:
a. 
In a residential zone, there shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under Borough Zoning.
b. 
Premises with landscaping and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property.
c. 
Reconstructed walls and sidings of nonresidential structures shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front such that the materials used will not be a kind that, by their appearance under prevailing appraisal practices and standards, would depreciate the values of the neighboring and adjoining premises as aforesaid.
d. 
The exterior of every structure or accessory structure, including fences, shall be maintained in good repair. They shall be maintained free of broken glass, loose shingles, crumbling stone or block, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved safely, fire hazards eliminated and properties protected from blighting influences. Sidewalks and driving and/or parking areas shall be maintained in good repair. Repair/replacement of sidewalks within the business district shall conform to Borough stipulations and approval.
e. 
Exceptions to Prohibitions.
1. 
No structure, equipment or materials such as construction material rock, gravel or materials of any kind may be placed or stored upon any street, developed or "paper," public right-of-way or public road in the Borough at any time or for any purpose, unless expressly permitted by law or ordinance and placed in such manner as not to impede or divert the natural flow of drainage waters upon or along any street or public road and the gutters or drainage ditches thereof.
2. 
The obstruction of any gutter or drainage ditch or any portion thereof serving the street or public road, by filling, otherwise depositing stones, dirt, debris or other materials or things therein or by any other means shall be unlawful, but this shall not apply to such materials as may be carried or deposited therein by natural drainage of surface waters or by other natural causes.
3. 
The depositing of stones, dirt, debris or other materials or things on any "paper" street by any means shall be unlawful. This shall not apply to such materials as may be carried or deposited therein by natural drainage of surface waters or by other natural causes.
[Ord. No. 2009-11]
a. 
Duties of Owners and Tenants.
1. 
Brush and Hedges Near Roadways and Intersections. It shall be the duty of the owner, tenant or person in possession of any lands in the Borough to prevent all brush, hedges or other plant life from growing if it interferes with clear line of vision, sidewalk or use of roadway.
2. 
Brush, Weeds, Debris, Etc., Which Are a Fire Hazard or Injurious to Public Health or Safety. It shall be the duty of the owner, tenant or person in possession of any lands in the Borough, where it shall be necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove from such lands brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris.
3. 
Grass. Notwithstanding anything to the contrary in Subsection a1 and 2, it shall be the duty of the owner, tenant or person in possession of any lands in the Borough that grass not be permitted to grow taller than eight inches.
b. 
Notice to Owners or Tenants. After an investigation initiated by any complaint of a resident, officer or employee of the Borough relative to a violation of this section, or without receiving a complaint, the Police Department, or Code Enforcement, if the reported conditions are found to exist, a representative of the Police Department or Code Enforcement 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, hedges or other plant life, trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris within 10 days after receipt of the notice. The Code Enforcement Officer shall re-inspect the lands in question after the ten-day period expires and report, in writing, whether the condition complained of has been abated or remedied.
c. 
Removal by Borough; Costs Established as a Lien. If the owner, tenant or person in possession of the lands in question shall fail to abate the condition complained of within 10 days after receipt of notice, the Borough shall cause the condition complained of to be abated and shall certify 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. 2009-11]
a. 
Containerization of Sweeping; Sidewalks to Be Free of Litter. No person will be permitted to sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All litter sweepings shall be collected and properly containerized for disposal.
(See also Chapter 3, § 3-1)
[Ord. No. 2009-11]
It is unlawful for any residential or commercial property owner to permit open or overflowing waste disposable bins and/or dumpsters on his or her property. Dumpsters are not permitted onto the public streets of the Borough of Farmingdale.
[Ord. No. 2009-11]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this subsection. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 2009-11]
No person, owner, occupant and/or tenant of a property in the Borough of Farmingdale shall rake, blow, push and/or drag leaves from his property onto the public streets of the Borough of Farmingdale, except as permitted by other ordinance or Borough collection policy. Leaves shall be raked to curbside for collection by the leaf sweeper at the times designated.
[Ord. No. 2009-11]
No owner, occupant and/or tenant of property in the Borough of Farmingdale shall place, put or stack branches, trees or parts of trees in any paved right-of-way, except as prescribed by ordinance. Branches, trees and/or parts of trees may be placed immediately adjacent to the curb of the premises in question so as not to block the sidewalk extending not further than three feet from the curb. No lumber or wood may be placed for collection by the chipper. Lumber or wood shall be placed in the regular trash collections, unless the amount determines that a dumpster is required to be hired by the homeowners.
[Ord. No. 2009-11]
a. 
Outside building walls shall not have any holes, loose boards or any broken or missing members or cracked or damaged finish which admits rain, cold air, dampness, rodents, insects and/or vermin.
b. 
Every building shall be so maintained as to be weather tight, watertight and vermin proof. All exposed surfaces thereof subject to deterioration shall be protected against weathering by a protective coating appropriate for the particular material involved, as needed.
c. 
All parts of the premises shall be maintained so as to prevent infestation.
d. 
All parts of the dwelling and all areas of the premises shall be kept in a clean and sanitary condition, free of nuisance and free from health, safety and fire hazards.
e. 
Every roof, roof gutter, flashing, rainwater conductor and roof cornice shall be vermin proof and shall be kept in good repair.
[Ord. No. 2009-11]
a. 
The owner or operator shall have the duty and responsibility of removing garbage whenever a janitor is required for the premises in accordance with the provisions of Subsection c.
b. 
All accumulations of trash and debris shall be removed daily from collection areas and trash chutes if a trash compactor is not provided or if the existing trash compactor is out of order. In a dwelling containing four or more dwelling units, storage areas or storage bins of fireproof construction and containing fireproof walls and partitions of at least two hours' rating shall be provided, except when storage areas are outside and not adjoining the building.
c. 
In every dwelling containing three or more dwelling units or rooming units, or combinations thereof, the owner shall provide or designate a superintendent, janitor, caretaker or housekeeper who shall at all times maintain the premises in compliance with this Code and keep the premises free from filthy garbage, refuse and rubbish and who shall be responsible for the daily collection of garbage and other refuse from the occupants on a regular schedule. Said person shall be regularly available on the premises to perform the foregoing duties in accordance with N.J.A.C. 5:10. In the event that said superintendent, janitor, caretaker or housekeeper fails to comply with the provisions of this Code, actions of the superintendent, janitor, caretaker or housekeeper or alternative individuals referred to in this Code, even in disobedience of instructions received from the owner or operator, shall not relieve the owner or operator from the duties and responsibilities imposed by this Code. It shall be the obligation of the owner or operator to register the name, address and telephone number of said owner and operator with the public officer in accordance with the applicable provisions of this Code.
d. 
Exterior parking areas, pedestrian walkways or other portions of the premises subject to regular and recurrent use by occupants at night shall be illuminated continually from 1/2 hour before sunset to 1/2 hour after sunrise unless the lighting is connected to a dusk-to-dawn photoelectric control device to enable safe passage of persons of normal vision.
[Ord. No. 2009-11]
After inspection or the discovery of violations of this or any chapter of this Code, except as to emergency circumstances, the Enforcement Officer, upon first determining that a violation of this or any section of this Code exists, shall issue a written violation notice advising the owner of the property in violation of the following:
a. 
Nature of the violation(s), stating applicable Code sections.
b. 
A reasonable time, not to exceed 60 days in normal circumstances, and not to exceed 120 days in unusual circumstances, to achieve voluntary compliance.
c. 
If this notice is not complied with, then the Borough of Farmingdale shall issue a summons, to be heard in the Municipal Court of the Borough of Farmingdale.
d. 
A violation notice need not be issued when conditions constitute an emergency and present an eminent or immediate threat of danger to human life or limb, health, property or the public safety.
e. 
Upon evidence of good faith efforts to commence compliance with such notice, the enforcement officer may, in his sole discretion, grant a reasonable extension of the time to complete compliance.
[Ord. No. 2009-11]
Once a responsible party has been noticed of a particular violation of this section, that party shall not be entitled to any further notice of violation prior to the issuance of any summons, regardless of the passage of time between the first and subsequent notice(s).
[Ord. No. 2009-11]
In case any notice provided in § 15-1.16 is not complied with, the Enforcement Officer may institute an action in a court of competent jurisdiction to:
a. 
Restrain, correct or remove the violation.
b. 
Prevent the trespass, occupation or use of the structure in violation of or not in compliance with the provisions of this section.
c. 
Order the payment of the civil penalty authorized by this section.
d. 
Order such other relief as shall be just or equitable to secure and protect the general public from conditions on premises found to be dangerous or detrimental to human life, limb, health, property or safety.
e. 
Certain costs, including attorneys' fees, may be charged to the owner, including the record owner, as well as any other person prosecuted under this section. Such costs, fees or penalties may be charged to the property and constitute a lien as provided in § 15-1.8c.
f. 
The notice provided to institute the appropriate action in a court of competent jurisdiction shall be via the same means as required by § 15-1.16.
[Ord. No. 2009-11]
The Enforcement Officer shall issue a written notice to vacate and to repair or remove whenever:
a. 
An emergency circumstance exists and presents an eminent or immediate threat of danger to human life or limb, health, property or the public safety.
b. 
Voluntary compliance with the violation notice is not achieved within the time indicated and municipal court adjudication has not resulted in abatement of the violation.
c. 
Hearing.
1. 
Within 10 days of the issuance of this notice, a hearing shall be held before the public officer as defined in this section, at which time there will be an administrative determination of the violation in this matter. The hearing shall follow these procedures: the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaints; and the rules of evidence prevailing in courts of law or equity shall not be controlling in such hearings. Upon the termination of this hearing, the public officer shall make an immediate finding as to whether or not the violation charged has been substantiated and proven. If the violation has been proven by a preponderance of the evidence, then the public officer shall give the property owner an amount of time to cure the violation no greater than 60 days from the date of the hearing.
2. 
A finding of guilt in the Municipal Court or any court of competent jurisdiction shall create a presumption that a violation exists, and the burden shall then be on the property owner to rebut the presumption by clear and convincing evidence that the violation has been abated.
d. 
The owner shall comply with the terms of the order issued by the public officer at the public hearing. Failure by the owner to comply with the terms of the order within the time frame enumerated in the order shall allow the Borough to take action pursuant to the terms of the order under § 15-1.16.
[Ord. No. 2009-11]
Whenever the Enforcement Officer shall issue a violation notice or notice to vacate and repair or remove, he shall give such notice to the owner of record or agent as defined in this section of the Code and to the person in control of the premises if the same may be located with reasonable effort, by return receipt registered or certified mail or by personal service issued through an officer of the Borough of Farmingdale or through other legally accepted means. Service on nonresidents or persons who cannot be found in the Borough of Farmingdale shall be made by sending a copy of such notice to the owner of record by registered or certified mail to such owner's last known address.
[Ord. No. 2009-11]
a. 
In the event that the owner of record fails to comply with a notice to vacate, repair or remove within the time period enumerated in the order given by the public officer, or in the event that there exists an emergency circumstance which presents an eminent or immediate threat of danger to human life or limb, health, property or public safety, the Enforcement Officer may enter the premises concerned and cause the same to be repaired or removed and any dangerous conditions to be remedied, as the case may be, and any violation to be abated at the expense of the owner of record as defined by this section.
b. 
The Enforcement Officer shall certify as to the steps that were taken to abate the nuisance, violation or eminent and immediate threat and the costs incurred thereby.
[Ord. No. 2009-11]
a. 
The Borough of Farmingdale by resolution may instruct any department or agency thereof to clean property or abate violations, nuisances or emergency circumstances which present eminent or immediate threat of danger to human life or limb, health, property or public safety, as defined under this section of the Code, or hire an independent contractor to do the same as such situations arise.
b. 
The municipality may enact a resolution, which will contain a list of contractors available for such work. Such resolution may be enacted on an annual basis, and the same shall be sufficient for the incurrence of such costs, which are less than the legal amount, which would require public bidding.
[Ord. No. 2009-11]
a. 
Costs of cleanup, remediation, abatement or correction of other violations as defined in this or any chapter of the Code, including but not limited to relocation fees, shall be certified to the Tax Collector, to be enforced on a parity as and with the lien for unpaid real estate taxes. Said expenses shall thereby constitute a lien on the premises and shall be entered on the tax records kept by the Tax Collector and shall be collectible as are overdue taxes pursuant to this Code.
b. 
The municipality may bring an action in the Superior Court to recoup any and all costs and fees not made a part of a tax lien, including attorneys' fees incurred in the abatement process and in the effort to recoup costs.
[Ord. No. 2009-11]
a. 
Fees shall be approved by annual resolution of the Governing Body.
b. 
All of the fees set forth by resolution of the Governing Body as stated above shall be first certified to the Clerk of the Borough of Farmingdale and the Chief Financial Officer of the Borough of Farmingdale then shall be added as liens against the property through the Office of the Tax Collector. In addition, any and all filing fees incurred by the Office of the Tax Collector shall be includable as additional liens.
[Ord. No. 2009-11]
a. 
Whenever the public officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order requiring that such action be taken as he determines necessary, applying the statutes and provisions of this section to meet the emergency, and such order shall be effective immediately, and any person to whom such order is directed shall be obliged to comply immediately. Any such person may petition to the public officer for a hearing on such order, which hearing shall be conducted not later than five days after receipt of this petition.
b. 
In the event that the public officer orders immediate action by the Borough of Farmingdale's Department of Public Works, or such independent contractor as may be hired by the Borough, to protect the public health or safety pursuant to Subsection a above, the following costs and fees shall be charged to the affected property owner or owners for such emergency work, and which costs and fees shall be a lien against the subject property and collectible as provided in § 15-1.8c of this section:
1. 
During regular work hours, after working hours, and on holidays and Sundays: At an amount to be calculated at each employee's hourly rate for the time worked (i.e., regular work hours, after work hours, or holidays and Sundays, as applicable to the time the work was performed).
2. 
Materials and equipment used to be charged based upon costs incurred by the Borough.
[Ord. No. 2009-11]
In any case where the provisions of this section impose a higher standard than set forth in any other ordinance of the Borough of Farmingdale or other laws within the State of New Jersey, then the standards set forth herein shall prevail; but if the provisions of this chapter impose a lower standard than any other ordinance of the Borough of Farmingdale or other laws within the State of New Jersey, then the higher standard contained in any such other ordinance or laws shall prevail.
[Ord. No. 2009-11]
The administrative and enforcing authority for the provisions of this section shall be the Code Enforcement Officer, Construction Code Officials, Fire Official, Health Officer, Officer with the State Police Department, Zoning Officer or any other duly appointed official of the Borough of Farmingdale.
[Ord. No. 2009-11]
The Code Enforcement Officer, Construction Code Officials, Fire Official, Health Officer, Officer with the State Police Department, Zoning Officer or their agents or employees or any other duly appointed official of the Borough of Farmingdale shall make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough. For the purpose of making inspections, the aforementioned officials, agents or employees are authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at such reasonable hours as the circumstances of the case permit. This subsection shall not be construed to prohibit the entry of the aforementioned officials, agents or employees at any time when an actual emergency exists which tends to create a danger to the public health or safety or at any time when an inspection is requested by an owner or occupant.
[Ord. No. 2009-11]
Upon presentation of proper identification, the Code Enforcement Officer, Construction Code Officials, Fire Official, Health Officer, Officer with the State Police Department, Zoning Officer or their agents or employees or any other duly appointed official of the Borough of Farmingdale shall be given free access to the premises by the owner, occupant or person in charge of a dwelling, dwelling unit or rooming unit for the purpose of inspection or of making any repairs or alterations which are necessary to effect compliance with this section.
[Ord. No. 2009-11]
The Code Enforcement Officer, Construction Code Officials, Fire Official, Health Officer, Officer with the State Police Department, Zoning Officer or their agents or employees or any other duly appointed official of the Borough of Farmingdale may, upon affidavit, apply to the Judge of the Municipal Court of the Borough for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this section exists on the premises, or that an inspection is to be made pursuant to § 15-1.30, and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[Ord. No. 2009-11]
Whenever the Code Enforcement Officer, Construction Code Officials, Fire Official, Health Officer, Officer with the State Police Department, Zoning Officer or their agents or employees or any other duly appointed official of the Borough of Farmingdale determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or of any rule or regulation adopted he or she may issue a summons returnable in the Farmingdale Municipal Court for said violation or violations. In addition thereto, or as an alternative method of remedy, he or she may give notice of abatement of the alleged violation to the person or persons responsible therefor as hereinafter provided. The notice shall:
a. 
Be put in writing;
b. 
Include a statement of the reasons why it is being issued;
c. 
Allow a reasonable time for the performance of any act it requires; and
d. 
Be served upon the owner or his agent, or the occupant, as the case may require, provided that notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this State. The notice may contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
[Ord. No. 2009-11]
Complaints or orders issued the Code Enforcement Officer, Construction Code Officials, Fire Official, Health Officer, Officer with the State Police Department, Zoning Officer or any other duly appointed official of the Borough of Farmingdale pursuant to this section shall be served upon persons either personally or by certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the officer in the exercise of reasonable diligence, and the officer shall make an affidavit to that effect, then the serving of the complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper having circulation in the Borough. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the Farmingdale Borough Municipal Clerk.
[Ord. No. 2009-11]
The Code Enforcement Officer, Construction Code Officials, Fire Official, Health Officer, Officer with the State Police Department, Zoning Officer or any other duly appointed official of the Borough of Farmingdale are hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following, in addition to others herein granted:
a. 
To investigate the dwelling conditions in the Borough in order to determine which dwellings therein are unfit for human habitation.
b. 
To administer oaths, affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d. 
To appoint and fix the duties of such officers, agents and employees, as he deems necessary to carry out the purpose of this section.
e. 
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
[Ord. No. 2009-11]
No person shall own or maintain and no person shall occupy as owner or occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which is not determined to be safe, sanitary and fit for human habitation.
[Ord. No. 2009-11]
Whenever a condition is found by officials of the Borough of Farmingdale empowered to enforce this section to exist in an occupied dwelling that adversely affects and/or threatens the life, safety and/or health of the inhabitants, and following reasonable effort to contact the owner and/or other responsible party at the address and/or phone number listed and posted at the property for emergency response and/or on the most recent application for Certificate of Occupancy, the officials of the Borough of Farmingdale may contract with vendors to perform emergency repairs to mitigate the condition. Such conditions might include, but not necessarily be limited to: inadequate heat, failure of the water supply system, inoperative waste water disposal system, failure of the fire alarm system, failure of the fire suppression system, failure of the means of emergency egress, failure of the electrical supply systems, failure of the exterior building finish to protect from the elements, presence of vermin or presence of wild animals. Reasonable effort to contact the owner shall be determined by the officials at the scene using their judgment as guided by their experience in light of the nature of the event.
a. 
Any expense incurred by the Borough of Farmingdale in investigating any condition as noted above shall be cause for action in Municipal Court to gain restitution. Restitution shall consist of payment for repairs and/or services noted above and payment for any salary and overtime after-hours wages paid Borough officials in the investigation of such conditions or monitoring such repairs, as well as an administrative penalty equal to the above for the inconvenience caused to the occupants and the Borough officials due to the absence and/or lack of availability of the owner or other responsible party. The aforementioned penalties are to be considered in addition to any other penalty provided in this section for violations of the Code.
b. 
It is the intention of this subsection to encourage property owners to at all times be responsible for the maintenance of their properties, to have property owners establish and maintain systems for notification in times of emergency occurrences and, finally, to provide the Borough of Farmingdale with a method to make necessary emergency repairs to protect health, life and safety in a manner that limits the use of relocation efforts and assures the Borough of restitution for any efforts put forth by the Borough on behalf of absent property owners.
[Ord. No. 2009-11]
Unless a different penalty is mandated by State law or regulations duly adopted hereunder, any violation of this section shall result in penalties as follows:
a. 
Any person, firm or corporation found guilty in the Municipal Court of the Borough of Farmingdale of a violation of the terms of this section shall be punishable as provided within the Ordinances of the Borough of Farmingdale.
b. 
Except as otherwise provided, each and every day in which a violation of any provision of this section exists shall constitute a separate violation. In addition, each violation of this section shall be considered a separate offense upon each and every day in which a violation exists.
[Ord. No. 2009-11]
a. 
Pursuant to N.J.S.A. 40:18-2 et seq., any costs incurred by the Borough or any department or subagency thereof in the abatement of violations of this section of the Code of the Borough of Farmingdale or in the maintenance of properties pursuant to such ordinances, including but not limited to property maintenance, property cleaning, yard upkeep, beautification, improvements to property and any other expenses incurred in maintaining structural integrity or safety, abatement of a public hazard or nuisance or the improvement of the general appearance of any such property shall become a lien on that property as of the time that such cost is incurred. Such lien shall include any costs incurred directly by the Borough or its subagencies or through any contractor or subcontractor or independent private entity, which the Borough may employ to take such action on its behalf.
b. 
Such liens shall become a first lien on the land and paramount to all prior and subsequent alienation and descents of such lands or encumbrances thereon except subsequent municipal liens pursuant to N.J.S.A. 54:5-9 and other applicable law.
c. 
Any such lien created specifically from or last associated with removing brush, weeds, debris, etc., shall be a lien on such land and shall be added to and form a part of the taxes next to be assessed and levied upon such lands pursuant to N.J.S.A. 40:48-2.14.
[Ord. No. 2009-11]
As used in this subsection, the following terms shall have the meanings indicated:
COMPENSATION
Shall mean a calculation of reimbursement costs for items, plus any and all wages paid, plus an hourly rate for use of any and all equipment, plus any and all administrative costs.
EMISSION
Shall mean spilling, leaking, flowing or running of substances into the environment, without regard to cause, and shall include causes that are man-made, natural, accidental, unavoidable or from any cause whatsoever.
ENVIRONMENT
Shall mean the air, ground and waters, in and adjoining, the Borough of Farmingdale.
EXPENDABLE ITEMS
Shall mean any items used to stop or contain any discharge involving any hazardous materials that cannot be used again or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to, firefighting foam, chemical extinguishing agents, absorbent and nonabsorbent materials, brooms, pads, pillows, rope, sand, recovery drums and any protective equipment and clothing, including but not restricted to chemical protective suits, chemical protective gloves, goggles and any other item owned or controlled by the Borough of Farmingdale, its employees, agents, officers and/or officials.
HAZARDOUS MATERIAL
Shall mean any material, solid, liquid or gas, listed as a hazardous substance or material, including but not necessarily limited to the National Fire Protection Association Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251, et seq.), and the list of toxic pollutants designated by Congress or the EPA, pursuant to Section 307 of the Federal Water Pollution Control Act, and any hospital or medical waste, including but not limited to syringes, bandages and discarded pharmaceutical products and any material warranting removal or cleanup in the opinion of the Howell Township/Farmingdale Office of Emergency Management.
[Amended 12-4-2018 by Ord. No. 08-2018]
[Ord. No. 2009-11]
a. 
It shall be unlawful for any person to permit or be responsible for the emission of any hazardous substance into the environment of the Borough of Farmingdale.
b. 
It shall be unlawful for any person to fail to pay compensation to the Borough of Farmingdale within 30 days following his receipt of a bill for compensation pursuant to this section.
[Ord. No. 2009-11]
Whenever the Borough of Farmingdale through the offices of the Code Enforcement Officer, Health Officer, Police Chief, Fire Chief(s), Fire Prevention Bureau, Office of Emergency Management, Mayor and/or Administrator identifies an emission into the environment of the Borough of Farmingdale of any substance in such a manner so that, in the professional opinion of the above, immediate cleanup and/or mitigation is required, the above shall order, which order may be verbal, the responsible person to take immediate action to abate the emission. Should the responsible person not be available, or for whatever reason not take action as in the professional opinion of the above agents of the Borough of Farmingdale, then the agent of the Borough of Farmingdale may, at his discretion, engage Borough of Farmingdale Personnel and/or supplies and/or equipment and/or expendable items and/or contract in the name of the Borough of Farmingdale qualified private entities to take action to immediately abate and/or clean up and/or mitigate the emission. The responsible person should then be billed by the Borough of Farmingdale for all costs incurred in this action in response to the emission.
[Ord. No. 2009-11]
From and after the effective date of this section (this section was adopted September 1, 2009), any person, corporation, partnership or other legal entity shall be required to reimburse the Borough of Farmingdale for any violation of the subsections of this section.
[Ord. No. 2009-11]
This section shall apply to any hazardous spill that is the result of any traffic accident arising in the Borough of Farmingdale or any hazardous spill arising from the discharge of hazardous materials from any automobile or equipment on the streets of the Borough of Farmingdale or any public property or the air or waters contiguous to the Borough of Farmingdale from any source.
[Ord. No. 2009-11]
In the event that the Farmingdale Fire Department or State Police Department or any Health Officer, Emergency Management, Code Enforcement Officer or Construction Code Official of the Borough of Farmingdale is called out to abate a spill or shall be asked to investigate any traffic accident or is called upon to investigate any condition on the Borough streets or sees any of the conditions set forth in this section, the appropriate officer shall make an investigation of the scene to determine whether hazardous materials have been spilled onto the roadways of the Borough of Farmingdale or other public or private property or water in the Borough or the air or waters contiguous to the Borough of Farmingdale.
[Ord. No. 2009-11]
a. 
After an investigation, the appropriate officer as set forth in the preceding section shall be authorized to issue a summons to the owner and/or operator of any such vehicle or agent or responsible person of any instrumentality which discharges hazardous substances onto the streets or other public or private property or air or water in the Borough of Farmingdale. Said summons will be returnable in the Municipal Court of the Borough of Farmingdale and, upon conviction of any offense, the offender, owner and/or driver of said vehicle or agent or responsible person of the instrumentality of such discharge shall be subject to the following penalties.
b. 
For a conviction under this subsection, penalties shall be as follows:
1. 
The Municipal Court shall impose a fine in accordance with the penalty stated in Chapter 1, § 1-5.
2. 
The defendant shall be required, as an additional penalty of the Municipal Court, to repay to the Borough of Farmingdale the cost of cleanup of the hazardous spill, which shall include the cost of the product necessary to be used on the roadway and/or streets of the Borough of Farmingdale and for any cost of manpower and equipment used by the Public Works Department or Fire Department of the Borough of Farmingdale or any agents, representatives, contractors or otherwise hired by the Borough of Farmingdale to clean up said hazardous spill. The Borough of Farmingdale is further authorized to apply to any appropriate judicial body, including the Superior Court of New Jersey, for reimbursement for the full cost of cleanup of the hazardous spill that is incurred by the Borough of Farmingdale. Such funds shall be returned to the line item used to purchase the materials used.
c. 
It shall be the responsibility of the Borough of Farmingdale to present to the presiding Judge of the Municipal Court a list of the expenses incurred, limited to the cost of the product necessitated for the cleanup, any salary and overtime as paid to any Borough employee and the cost of any equipment used by the Borough of Farmingdale necessitated in said cleanup. The Borough of Farmingdale is further authorized to present to the appropriate judicial body, including the Superior Court of New Jersey, whether by complaint or other application, a list of the expenses incurred, and take whatever steps necessary for application for reimbursement.
[Added 7-12-2011 by Ord. No. 2011-05]
No person shall abandon any vehicle within the Borough and no person shall leave any vehicle at any place within the Borough for such time and under such circumstances as to cause such vehicle to reasonably appear to have been abandoned pursuant to criteria set forth in § 15-1.5.
The scope of this section shall apply to all motor vehicles located within the Borough of Farmingdale, whether on public or private property or roadways, and shall be subject to enforcement by the Code Enforcement Officer of the Borough of Farmingdale, state or local police.
Enforcement officers of the Borough shall provide notice of violations to those owners of abandoned vehicles pursuant to Chapter 15, § 15-1.16.
Any person, firm or corporation being convicted of a violation of any of the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Added 10-1-2013 by Ord. No. 03-2013]
A Public Officer and a deputy, if any, shall be appointed by resolution of the governing body. The Public Officer shall create an abandoned property list in accordance with N.J.S.A. 55:19-54 et seq. This list may be updated from time to time in the discretion of the Public Officer. The creation and any amendments to the abandoned property list must comply with any and all notice requirements as provided by law.
[Added 12-4-2018 by Ord. No. 09-2018]
The Borough of Farmingdale finds that certain unsafe, unsanitary or unhealthy conditions tend to occur at various commercial and industrial properties in the Borough unless proper maintenance procedures are followed. Since many persons are attracted to and actually use the facilities at these commercial and industrial properties, the public health, safety and welfare require prevention of unsafe, unsanitary and unhealthy conditions on any commercial and industrial properties in the Borough.
This section shall be known as the "Commercial and Industrial Property Maintenance Code of the Borough of Farmingdale."
The purpose of this section is to protect health, safety and welfare by establishing minimum standards governing the exterior maintenance of commercial and industrial premises; to prescribe certain responsibilities and duties on owners and operators, and prescribe distinct and separate responsibilities and duties on occupants; to authorize and establish procedures for the inspection of commercial and industrial premises; to fix penalties for violations of this section; and to provide for the right of access to permit repairs when necessary. This section is declared to be remedial and essential for the public interest, and it is intended that it be liberally construed to effectuate the purposes stated herein.
As used in this section, the following terms shall have the following meanings:
CERTIFICATE OF CONTINUED OCCUPANCY
Indicating that as a result of a general inspection of the visible parts of the building, no violations have been determined to have occurred and no unsafe conditions have been found, and that the existing use of the building heretofore lawfully existed.
CHANGE OF USE
A change from one use to another use in a building or tenancy or portion thereof.
COMMERCIAL OR INDUSTRIAL PREMISES
A lot or tract of land on which, or any part of which, commercial or industrial activity of any kind takes places. Such activity includes all commercial and industrial uses permitted, conditionally permitted or allowed as a preexisting nonconforming use in any zoning district within the Borough of Farmingdale.
EXTERIOR OF PREMISES
The exterior facades or external portions of a building and the open space of any premises outside of any building erected thereon which are exposed to public view.
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises in sufficient numbers to constitute a health hazard in the opinion of the Borough Code Enforcement Officer or Health Officer.
a. 
Any common-law nuisance or as provided by the laws of the State of New Jersey or ordinances of the Borough.
b. 
Any attractive nuisance which may prove detrimental to the health or safety of children whether in a building or on a lot. This includes, but is not limited to, the following: structurally unsound fences or structures, lumber, trash, debris.
c. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the condition exists.
d. 
Unsanitary conditions or anything unreasonably offensive or dangerous to health or safety.
e. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, or whatever creates an unreasonable nuisance through the odor or noise so as to deprive adjacent owners of the quiet enjoyment of their property.
f. 
Fire hazards.
OCCUPANT
A person having actual possession of any commercial or industrial premises or any part thereof.
OPERATOR
A person who has charge, care or control of commercial or industrial premises, or any part thereof, whether with or without the consent of the owner.
OWNER
A person who, alone or jointly with others, has legal or equitable title to any commercial or industrial premises, with or without accompanying actual possession; or has charge, care or control of any commercial or industrial premises as owner or agent of the owner or as fiduciary, including but not limited to an executor, executrix, administrator, administratrix, trustee, receiver or guardian of an estate, or as mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee, subletting or reassigning any part or all of a commercial or industrial premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned.
SHOPPING AREA
One or more buildings or parts thereof designed as a unit, to be occupied by one or more businesses for the conduct of businesses primarily engaged in retail merchandising.
a. 
This section establishes minimum standards for the initial and continued occupancy and use of all commercial and industrial premises, including those occupied and used before the adoption of this section, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the commercial or industrial buildings or premises contained therein. Where there is mixed occupancy with commercial or industrial and other uses on the same premises, all such uses shall be regulated by and subject to the provisions of this section.
b. 
Where the provisions of this section impose a higher standard than is set forth in any other ordinances of the Borough of Farmingdale or under the laws of the State of New Jersey, then the standards set forth herein shall prevail; but if the provisions of this section impose a lower standard than other ordinances of the Borough of Farmingdale or the laws of the State of New Jersey, then the higher standard contained in such ordinances or laws shall prevail.
a. 
Owners and operators shall have all the duties and responsibilities prescribed in this section, and no owner or operator shall be relieved from any duty and responsibility, or be entitled to defend against any charge of violation, by reason of the fact that the occupant is also responsible and in violation thereof.
b. 
Occupants shall have such duties and responsibilities as are prescribed for them in § 15-5.7 of this section and shall not be relieved of any duty and responsibility, or be entitled to defend against any charge of violation by reason of the fact that the owner or operator is also responsible and in violation thereof.
a. 
Exterior to be kept free of all nuisances. The exterior of the premises and structures shall be kept free of nuisances, unsanitary conditions and any other hazards to the health or safety of occupants, pedestrians and other persons utilizing the premises. Any nuisance, unsanitary condition or other hazard shall be promptly removed and abated by the owner and/or operator to keep the premises free of health hazards, including but not limited to the following:
1. 
Refuse: Broken glass, filth, garbage, trash, litter and debris.
2. 
Natural growth; vicinity of business: 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, constitutes a hazard to persons in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions.
3. 
Overhangings: Loose and overhanging objects and accumulations of ice and snow above ground level, which constitutes a danger of falling on persons in the vicinity of such conditions.
4. 
Ground surface hazards or unsanitary conditions: Holes, excavations, breaks, projections, obstructions, broken or missing pavement. 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.
5. 
Recurring accumulations of stormwater; adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
6. 
Sources of infestation.
b. 
Signs. All signs, pavement markings and printed matter and pictures or illustrations contained thereon, permitted by reasons of other regulations or as lawful nonconforming use, shall be maintained in good repair.
c. 
Landscaping. Lawns, hedges and bushes shall be kept trimmed and maintained from becoming overgrown.
d. 
Premises to be kept in good repair. The exterior of every structure or accessory structure, including fences, and storefronts shall be maintained in good repair. All structural surfaces shall be kept painted where necessary for preservation and appearance, free of excessive peeling paint and maintained free of safety hazards, such as broken windows, loose and falling shingles and crumbling and falling stone or brick, further subject to the following regulations:
1. 
Unsafe exterior facilities.: Unsafe exterior facilities include exterior porches, landings, balconies, stairs and fire escapes, all of which shall be kept structurally sound and in good repair and shall be provided with banisters or railings properly designed and maintained.
2. 
Signs and billboards: All permanent signs and billboards exposed to public view, permitted by ordinance or other regulation or as lawful nonconforming use, shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electric signs shall be repaired or shall, with their supporting members, be removed forthwith.
3. 
Windows exposed to public view: All windows exposed to public view shall be kept clean and free of marks, dirt, and grime and be unbroken. Except when necessary in the course of changing displays, no storage of materials, stocks or inventory shall be permitted in the window display areas ordinarily exposed to public view unless such areas are first screened from public view by draperies, venetian blinds or other means. All screening of interiors shall be maintained in a clean and attractive manner and in good state of repair.
4. 
Awnings or marquees: Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be so maintained as to not constitute a nuisance or safety hazard. In the event any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event any such awning or marquees is made of cloth, plastic or similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structure members on streets, sidewalks, or other parts of the public domain.
5. 
Temporary scaffolding or equipment: No temporary scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period necessary to reasonably complete the purpose for which equipment was intended to be used.
6. 
Storefronts: All storefronts shall be maintained in good repair, and all surfaces thereof shall be kept painted when necessary for the purposes of preservation and appearance. In the event repairs to a portion of a storefront are made, such repairs shall be performed with materials identical or compatible with the materials used in the area not undergoing repair, to the end that the appearance of the storefront shall be uniform and attractive.
7. 
Unoccupied buildings: All unoccupied buildings shall be subject to the provisions hereof.
e. 
Removal of garbage and refuse. The owner, operator and occupant shall have the duty and responsibility of removing refuse and garbage as often as required.
f. 
Maintenance of sidewalks. Every day that the premises is open for business, the occupant shall be responsible for removing litter from the sidewalk or other pedestrian areas, if any, in front of the occupant’s commercial premises. The area shall be swept as often as necessary to maintain it free of litter, spillage and other debris.
g. 
Premises to be maintained in a clean and sanitary manner.
1. 
All parts of the premises under the control of the occupant shall be kept in a clean and sanitary condition, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any required duty in this section for maintaining the premises in a clean and sanitary condition.
2. 
Each operator shall be responsible for the elimination of infestation in and on the premises subject to his control.
3. 
No person shall deposit any litter on the ground in any commercial or industrial premises.
h. 
Access and parking areas.
1. 
The owner of any accessways and parking areas serving commercial and industrial premises shall be responsible for keeping same free of congestion and open to emergency and service vehicles by:
(a) 
Keeping all accessways and parking areas free of snow and ice pursuant to Chapter 13, § 13-11, of the codes of the Borough of Farmingdale.
(b) 
Preventing the continuous or regular use of the accessways or parking spaces for any vehicle which is in such a state of disassembly or disrepair so that it cannot be driven or which does not display current license plates and inspection sticker. For the purpose of this subsection, "continuous" shall mean the presence on the same Tax Map lot for a period of 72 consecutive hours and "regular" shall mean being observed at least twice within a twenty-day period on the same Tax Map lot when on both occasions such vehicle was either in a state of disassembly or disrepair so that it could not be driven or on both occasions did not display current license plates and inspection sticker. The subsection shall not apply with regard to a vehicle on the premises of a business enterprise operated in a lawful place and manner, which conforms to the requirements of Chapter 25, Land Use, regulating vehicle storage facilities or similar enactments.
2. 
Parking lots or parking areas, including the entrances and exits thereto, shall be kept in good state of repair. Signage as to ownership and use restrictions shall be maintained in good repair, clearly visible to potential parkers. Striping, where appropriate, shall indicate spaces, directions of flow and entrances and exits and be maintained so as to assure visibility.
3. 
Mean of ingress and egress shall be clearly marked by signs.
4. 
Parking spaces shall be clearly indicated by painted lines.
5. 
Lanes for movement of traffic in each direction shall be indicated by arrows indicating one-way traffic, which shall be painted in these lanes at both ends.
6. 
A trash basket with at least a twenty-gallon capacity shall be provided for each 150 feet of store frontage in any shopping area. These baskets shall be placed in the walking or pedestrian area and shall be provided with covers and shall not be allowed to overflow.
7. 
Fire zones should be kept clear of all vehicular parking, as designated by the Bureau of Fire Prevention.
a. 
Each commercial or industrial building or occupancy shall have been approved and issued a certificate of occupancy by the Building Department prior to application for a continuous certificate of occupancy.
b. 
All terms of original certificate of occupancy must be met, which would include use group, occupant load and live load.
c. 
All prior approvals must be submitted with the application for continuous certificate of occupancy.
a. 
No person shall occupy as owner or occupant or rent to another for occupancy any commercial or industrial structure or unit, for the purpose of conducting business therein, without a prior inspection and issuance of a certificate of occupancy or continued certificate of occupancy. Each commercial or industrial structure or unit must conform to the provisions of this section as the standard to be used in determining whether a commercial or industrial structure or occupancy is in compliance with its use group, safe, sanitary and fit for occupancy.
b. 
The fee to be charged for the continuous certificate of occupancy and certificate of occupancy is set forth in § 10-4 and is the amount due for each occupancy rented/leased, resale inspected by the Construction Department.
All buildings and premises subject to this section are subject to inspections from time to time by the Code Enforcement Officer, Health Officer, Police Department or any other official charged with the duty of enforcing regulations governing any aspect or conduct of the activity on the premises. At the time of such inspection, all portions of the premises must be made available and accessible for such inspection, and the owner, operator and occupant are required to provide necessary arrangements to facilitate such inspection. Such inspection shall be made during regular business hours of the business occupying said premises, unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
Where the violation or condition existing on the premises is of such nature as to constitute an immediate threat to life and limb unless abated without delay, the Construction Code Official, Code Enforcement Official, Health Officer or Police Department may order the owner, operator or occupant to correct the violation or condition within the period of time consistent with the hazard involved and with the measures necessary to remove the hazard, and upon the failure of the operator, owner or occupant to correct said condition, the Police Department, Construction Official, Code enforcement Official or Health Officer shall cause said condition to be immediately abated thereafter subject to N.J.S.A. 40:48-2.12f.
Any person who shall violate any of the provisions of this section or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $2,000 or by imprisonment in the County Jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this section and each day that such violation shall continue shall be deemed to be a separate and distinct offense.