[Adopted 12-27-2018 by Ord. No. 2018-08]
It is hereby found and declared that there exists in the Township
structures which are, or may become in the future, substandard with
respect to structure, equipment or maintenance, or further that such
conditions, including but not limited to structural deterioration,
lack of maintenance and appearance of exterior of premises, infestation,
existence of fire hazards and insanitary conditions constitute a menace
to the health, safety, morals, welfare and reasonable comfort of the
citizens and inhabitants of the Township. It is further found and
declared that by reason of lack of maintenance and progressive deterioration,
certain properties have the further effect of creating blighting conditions
and initiating slums, and that if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same, and that by reason of timely regulations and
restrictions as herein contained, the growth of slums and blight may
be prevented and the neighborhood and property values thereby maintained,
the desirability and amenities of residential and nonresidential uses
and neighborhoods enhanced and the public health, safety and welfare
protected and fostered.
The purpose of this article is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance, condition and occupancy of residential
and nonresidential premises and vacant or abandoned buildings; to
authorize and establish procedures for the abatement of violations
and to fix penalties for the violations of this article. This article
is hereby declared to be remedial and essential for the public interest
and it is intended that this article be liberally construed to effectuate
the purposes as stated.
The following terms, wherever used herein or referred to in
this article, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context.
Conditions or appearance of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any premises, or any part thereof, or any building or any
member thereof, from a sidewalk, street, alleyway, parking lot or
from any neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Any device or condition likely to cause fire and which is
so situated as to endanger either persons or property, accumulation
or storage of combustible or explosive material sufficient in amount
or so located or in such a manner as to put in jeopardy, in event
of ignition, either persons or property; the obstruction to or of
all means of ingress and egress.
Any public nuisance known at public law or in equity jurisprudence,
or as provided by the statutes of the State of New Jersey, or the
ordinances of the Township.
Any attractive nuisance which may prove detrimental to the health
or safety of children whether in a building, or upon an unoccupied
lot. This includes but is not limited to abandoned wells, shafts,
basements, excavations, abandoned iceboxes, refrigerators, any structurally
unsound fences or structures, lumber, trash, fences, debris, or vegetation
such as poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors, and any unregistered motor vehicles unfit for reconditioning,
dismantled old motor vehicles or parts thereof, used motor vehicles
or parts thereof, used motor vehicle parts and motor vehicle junk
whether abandoned or on the property of the owner thereof.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Inadequate or insanitary sewerage or plumbing facilities in
violation of Township ordinances.
Insanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this article.
Whatever renders air, food, or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person who has charge, care or control of premises, or
a part thereof, whether with or without the knowledge and consent
of the owner.
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 shall have charge, care
or control of any dwelling or 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.
Applicable to all residential and nonresidential buildings and
to all abandoned or vacated buildings regardless of usage, and the
premises on which all such buildings are situated, whether or not
such buildings shall have been constructed, altered or repaired before
or after the enactment of this section.
In any case where the provisions of this article impose a higher
standard than set forth in any other ordinances of the Township, of
any law of the State of New Jersey, or regulation of any public agency,
board or commission, then the standards as set forth herein shall
prevail, but if the provisions of this article impose a lower standard
than any other ordinances of the Township or of the laws of the State
of New Jersey, or any public agency, board or commission, then the
higher standard contained in any such other ordinance or law shall
prevail.
Maintenance of exterior of premises free of hazards and unsanitary
conditions. The exterior of the premises and all structures thereon
shall be kept free of all nuisances, and any hazards to the safety
of occupants, pedestrians and other persons utilizing the premises,
and free of unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner or operator. It shall
be the duty of the owner or operator to keep the premises free of
the hazards which include but are not limited to the following:
A.
Dead and dying trees and limbs or other natural growth which, by
reason of rotting or deteriorating conditions or storm damage constitute
a hazard to persons in the vicinity thereof.
B.
Loose and overhanging objects and accumulations of ice and snow which
by reason of location above ground level constitute a danger of falling
on persons in the vicinity thereof.
C.
Holes, excavations, breaks, projections, obstructions, icy conditions,
uncleared snow, and excretion of pets and other animals on paths,
walks, driveways, parking lots and parking areas, and other parts
of the premises which are accessible to and used by persons on the
premises.
D.
Adequate run-off drains shall be provided and maintained to eliminate
any recurrent or excessive accumulation of stormwater.
E.
All infestation in and on the premises.
F.
Exterior porches, landings, balconies, stairs and fire escapes which
are not provided with banisters or railings properly designed and
maintained to minimize the hazard of fallings, and which are not kept
structurally sound, in good repair, and free from defects.
G.
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.
H.
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.
I.
The exterior of every structure or accessory structure (including
fences) shall be maintained in good repair and all surfaces thereof
shall be kept painted or whitewashed where necessary for the purposes
of preservation and appearance and preventing deterioration. The same
shall be maintained free of broken glass, loose shingles, crumbling
stone, or brick, excessive peeling paint or other conditions reflective
of deterioration or inadequate maintenance to the end that the property
itself may be preserved, safety and fire hazards eliminated, and adjoining
properties protected from blighting influences.
J.
Every structure and accessory structure and every part thereof shall
be kept structurally sound and in a state of good repair to avoid
safety, health or fire hazards.
K.
Exterior walls, sidings and roofs shall be kept structurally sound,
in good repair and free from defects.
L.
Every structure shall be so maintained as to be weather and watertight.
M.
No accumulation or obstruction from garbage, refuse or rubbish shall
be permitted on the premises or in stairways, areaways, balconies,
porches, hallways, basements or cellars except that garbage stored
in proper container may be set out for removal.
N.
All windows of nonresidential structures exposed to public view shall
be kept clean and free of marks or foreign substances except when
necessary in the course of changing displays. No storage of materials,
stock or inventory shall be permitted in window display areas ordinarily
exposed to public view unless said areas are first screened from the
public view by drapes, Venetian blinds or other permanent rendering
of the windows opaque to the public view. All screening of interiors
shall be maintained in clean and attractive manner and in good state
of repair.
O.
All store fronts shall be kept in good repair, painted where required,
and shall not constitute a safety hazard or nuisance. In the event
repairs to a storefront become necessary, such repairs shall be made
with the same or similar materials used in the construction of the
storefront in such a manner as to permanently repair the damaged area
or areas. Any cornice visible above a storefront shall be kept painted
where required and in good repair.
P.
Any awning or marquee and its accompanying structural members which
extend over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall not constitute a safety
hazard or nuisance. In the event the awnings or marquees are made
of cloth, plastic, or of similar materials, the cloth or plastic where
exposed to public view shall be maintained in good condition and shall
not show evidence of excessive weathering, discoloration, ripping,
tearing or other holes.
Q.
All permanent signs and billboards exposed to public view permitted
by reason of other regulations of the Township or as a legal nonconforming
use shall be maintained in good order. Any signs which have excessively
weathered or faded or those upon which the paint has excessively peeled
or cracked shall with their supporting members, be removed forthwith
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
R.
All buildings that are no longer in active use shall be secured so
as to prevent excessive weathering or entry to the interior by unauthorized
persons. If open areas of the building are secured with composition
boards or similar materials, then these materials are to be painted
in a manner compatible with the remainder of the building.
S.
Buildings that were under construction but the construction thereof
has ceased for more than 90 days, shall be secured so as to prevent
entry by unauthorized persons and construction materials shall be
screened from public view. The partially completed structure shall
be governed by the provisions of this article.
A.
It shall be unlawful for any owner or owners, occupant or occupants,
tenant or tenants of any lot or tract of land situated within the
Township of Washington to permit or maintain on any such lot or tract
of land any brush, weeds, dead or dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris injurious to the public health,
safety and general welfare or where the same shall tend to create
a fire hazard. This provision is construed to allow the municipality
to maintain abandoned or vacant properties which are not being cared
for by their owners or the financial institution that claim ownership
interest in the property. This section shall not be construed to apply
to those lands under cultivation or otherwise being utilized for the
production of crops or otherwise being utilized for agricultural purposes.
B.
Violations and penalties. Any owner or owners, occupant or occupants,
tenant or tenants who shall neglect to cut and remove or otherwise
destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris as directed by this code
shall, upon conviction before the Judge of the Municipal Court of
the Township of Washington, be subject, for each offense, to a fine
not exceeding $2,000 or to imprisonment for a term not exceeding 90
days, or to both such fine and imprisonment.
C.
Failure to remove; assessment of costs. For properties that have
been deemed abandoned or vacant by the municipality, upon the failure
of any owner or owners, occupant or occupants, tenant or tenants or
the financial institutions that claim control of the property, to
cut and remove or otherwise destroy such brush, weeds, dead or dying
trees, stumps, roots, obnoxious growth, filth, garbage, trash and
debris within 10 days after notice to remove the same has been received
from said Township of Washington, which notice may be effected by
personal service, by conspicuously posting the property or by mail,
registered return receipt requested, the Township shall cause the
same to be removed under the direction of the Superintendent of Public
Works. For occupied properties the notice period shall be 30 days
which may be further expanded if the property owner can demonstrate
a hardship as long as the condition of the property is not creating
a public health or safety issue. Regardless of whether the property
is occupied or not, the notice shall be prepared and forwarded by
the Township Clerk upon the direction of the Superintendent. Said
Superintendent shall certify the cost thereof to the Township Committee
which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against said land and premises,
and the cost shall be added to and become and form part of the taxes
next to be assessed and levied upon the land, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
D.
Nonrestriction of right to collect costs. The imposition and collection
of the fine imposed by this code shall not constitute any bar to the
Township's right to collect the cost, as certified, for the removal
of such growths, in the manner herein authorized.
Unless otherwise identified herein, both the Zoning Code Enforcement
Officer and the Building Inspector are hereby authorized to enforce
the provisions of this section and abate violations. Violators will
be subject to the jurisdiction of the municipal court of the Township
of Washington. Upon conviction before the Judge of the Municipal Court
of the Township of Washington, be subject, for each offense, to a
fine not exceeding $2,000 or to imprisonment for a term not exceeding
90 days, or to both such fine and imprisonment.
