[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.Â
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.Â
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:
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]
Shall mean cellars and crawl spaces; that portion of a building
which is partly or completely below grade.
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.
Shall mean the revised Municipal Ordinances of the Borough
of Farmingdale and those documents, statutes, regulations and rules
adopted by reference therein.
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.
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.
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.
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.
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.
Shall mean open space on the premises outside of any building
located thereon.
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.")
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.
Shall mean any condition, man-made or natural, which may
afford a breeding place or hiding place for rodents, insects or other
pests.
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.
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.
Shall mean any person having actual possession of the premises
or any part thereof.
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.
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.
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.
Shall mean and include all manner of corporations and commercial
entities as well as individuals.
Shall mean the control and elimination of insects, rodents,
vermin, vegetation and fungus.
Shall mean a lot, plot or parcel of land, including the buildings
or structures thereof.
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.
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.
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.")
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.")
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.
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.
Shall mean leaves and grass clippings.
[Ord. No. 2009-11]
a.Â
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.Â
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.Â
Physical conditions dangerous to human life or detrimental to the
health of persons on or near the premises where the conditions exist.
d.Â
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.Â
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.Â
Unsanitary conditions or anything offensive to the senses or dangerous
to health in violation of this Code.
g.Â
Whatever renders air, food or drink unwholesome or detrimental to
the health of human beings.
h.Â
Fire hazards/dangerous conditions or any dangerous or hazardous conditions
that are outlined as follows:
1.Â
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.Â
Conditions that would interfere with the efficiency and use of any
fire-protection equipment.
3.Â
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.Â
Accumulations of dust or waste material in air-conditioning or ventilating
systems or grease in kitchen or other exhaust ducts.
5.Â
Accumulations of grease on kitchen cooking equipment or oil, grease
or dirt upon, under or around any mechanical equipment.
6.Â
Accumulations of rubbish, waste, paper, boxes, shavings or other
combustible materials or excessive storage of any combustible material.
7.Â
Hazardous conditions arising from defective or improperly used or
installed electrical wiring, equipment or appliances.
8.Â
Hazardous conditions arising from defective or improperly installed
equipment for handling or use of combustible, explosive or otherwise
hazardous materials.
i.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Exceptions to Prohibitions.
1.Â
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.Â
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.Â
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.Â
Duties of Owners and Tenants.
1.Â
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.Â
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.
b.Â
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.Â
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.Â
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.
[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.Â
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.Â
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.Â
All parts of the premises shall be maintained so as to prevent infestation.
d.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Nature of the violation(s), stating applicable Code sections.
b.Â
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.Â
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.Â
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.Â
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.Â
Restrain, correct or remove the violation.
b.Â
Prevent the trespass, occupation or use of the structure in violation
of or not in compliance with the provisions of this section.
c.Â
Order the payment of the civil penalty authorized by this section.
d.Â
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.
[Ord. No. 2009-11]
The Enforcement Officer shall issue a written notice to vacate
and to repair or remove whenever:
a.Â
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.Â
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.Â
Hearing.
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Fees shall be approved by annual resolution of the Governing Body.
b.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Be put in writing;
b.Â
Include a statement of the reasons why it is being issued;
c.Â
Allow a reasonable time for the performance of any act it requires;
and
d.Â
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.Â
To investigate the dwelling conditions in the Borough in order to
determine which dwellings therein are unfit for human habitation.
b.Â
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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:
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.
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.
Shall mean the air, ground and waters, in and adjoining,
the Borough of Farmingdale.
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.
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.Â
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.Â
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.Â
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.Â
For a conviction under this subsection, penalties shall be as follows:
2.Â
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.Â
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.
[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:
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.
A change from one use to another use in a building or tenancy
or portion thereof.
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.
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.
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.
Any common-law nuisance or as provided by the laws of the State
of New Jersey or ordinances of the Borough.
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.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the condition exists.
Unsanitary conditions or anything unreasonably offensive or
dangerous to health or safety.
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.
Fire hazards.
A person having actual possession of any commercial or industrial
premises or any part thereof.
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.
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Refuse:
Broken glass, filth, garbage, trash, litter and debris.
2.Â
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.Â
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.Â
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.Â
Recurring
accumulations of stormwater; adequate runoff drains shall be provided
and maintained to eliminate any recurrent or excessive accumulation
of stormwater.
6.Â
Sources
of infestation.
b.Â
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.Â
Landscaping.
Lawns, hedges and bushes shall be kept trimmed and maintained from
becoming overgrown.
d.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Unoccupied
buildings: All unoccupied buildings shall be subject to the provisions
hereof.
e.Â
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.Â
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.Â
Premises
to be maintained in a clean and sanitary manner.
1.Â
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.Â
Each
operator shall be responsible for the elimination of infestation in
and on the premises subject to his control.
3.Â
No person
shall deposit any litter on the ground in any commercial or industrial
premises.
h.Â
Access
and parking areas.
1.Â
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:
(b)Â
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.Â
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.Â
Mean
of ingress and egress shall be clearly marked by signs.
4.Â
Parking
spaces shall be clearly indicated by painted lines.
5.Â
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.Â
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.Â
Fire
zones should be kept clear of all vehicular parking, as designated
by the Bureau of Fire Prevention.
a.Â
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.Â
All terms
of original certificate of occupancy must be met, which would include
use group, occupant load and live load.
c.Â
All prior
approvals must be submitted with the application for continuous certificate
of occupancy.
a.Â
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.
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.
