This chapter shall be known as the "Property Maintenance Code of the Borough of Madison" and may be referred to in this chapter in the short form as the "code" or "chapter."
It is hereby found and declared that there exist in the Borough structures used for residential and nonresidential use 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, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Borough. It is further found and declared that by reason of lack of maintenance and because of 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 creation and 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 chapter 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; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for the violation of this code; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use.
A. 
The following terms wherever used herein or referred to in this chapter shall have the respective meanings assigned to them unless a different meaning clearly appears from the context. All definitions of the latest edition of the Building Officials Conference of America, Basic Building Code are hereby included by reference.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL VEHICLE
All trucks, vans, construction equipment and limousines and other motor vehicles bearing commercial license plates which are in excess of four tons' net weight.
DETERIORATION
The condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, crackling, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises or part of any premises which may be lawfully viewed by the public or any member thereof.
EXTERIOR OF THE 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.
EXTERMINATION
The control and elimination of insects, rodents, vermin and other such pests.
FRONT YARD
A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at its closest point to the front lot line. Said "front yard" shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in the Madison Borough Code or Madison Land Development ordinance.[1]
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence of rodents, vermin, insects or other pests on the premises which constitutes a health hazard.
NUISANCE
(1) 
Any condition so defined by common law, the statutes of the State of New Jersey or the ordinances of the Borough of Madison;
(2) 
Any condition which may prove attractive but detrimental to the health or safety of children;
(3) 
Physical condition dangerous to human life or detrimental to health or persons on or near the premises where the condition exists; or
(4) 
Any condition which renders air, food or drink unwholesome or detrimental to the health of human beings.
OCCUPANT
Any person having actual possession of a premises.
OPERATOR
Any person who has charge, care or control of a dwelling or premises or any part thereof, with or without the knowledge and/or consent of the owner.
OWNER
Any person or entity who, alone or jointly or severally with others, has legal or equitable title in any form to any premises, with or without actual possession thereof, or who shall have charge, care or control of any dwelling or premises as owner or agent of the owner, including but not limited to a fiduciary, executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
REFUSE
All nonputrescible solid wastes, including but not limited to abandoned vehicles and recreational equipment and parts thereof, abandoned machinery and parts thereof, household furnishings, dead animals, debris, junk, appliances, rubbish, scrap lumber, stumps, tires, trash, grass and yard clippings. (See also "garbage".)
UNOCCUPIED OR VACANT BUILDING
Any structure intended for residential or commercial use which is not currently occupied or in use. For the purpose of the enforcement of this chapter, a presumption shall exist that a structure vacant for six months is not currently occupied or in use.
[1]
Editor's Note: See Ch. 195, Land Development.
All structures and premises shall comply with the appropriate provisions of this chapter, whether or not those structures and premises have been constructed, altered or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which may have been issued for their use or occupancy prior to the effective date of this chapter. Vacant lots, lands and premises are also required to comply with all applicable provisions of this chapter.
No certification of compliance with this chapter shall constitute a defense against any violation of any other ordinance of the Borough of Madison applicable to any structure or premises.
A. 
Owners and operators. Owners and operators shall have all the responsibilities as prescribed in this chapter, and no owner or operator shall be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B. 
Occupants. Occupants shall have all the responsibilities and duties as prescribed in this chapter, and the occupant shall not be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation therefor and in violation thereof by reason of the fact that the owner and/or operator is also responsible therefore and in violation thereof.
C. 
Contract not to alter responsibilities. Unless expressly provided to the contrary in this chapter, the respective obligations and responsibilities of the owner and operator on the one hand and the occupant on the other shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.