[HISTORY: Adopted by the Board of Commissioners
(now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No.
80-12 as Ch. 170 of the 1979 Code. Amendments no
where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 100.
Unfit buildings — See Ch. 108.
Uniform construction codes — See Ch. 121.
Fire prevention — See Ch. 153.
Health standards — See Ch. 186.
Multifamily buildings — See Ch. 213.
Nuisances — See Ch. 218.
Signs — See Ch. 277.
Solid waste — See Ch. 292.
A.
Declaration of policy. It is hereby declared that
there exist in the Township of Montclair structures used for commercial,
business, industrial and nonresidential purposes which are or may
become in the future substandard with respect to structure, equipment
or maintenance, and, 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, and unsanitary conditions,
constitute a menace to the health, safety, morals, welfare and reasonable
comfort of the citizens and inhabitants of the Township of Montclair.
It is further declared that by reason of a lack of maintenance and
progressive deterioration, certain properties have the further effect
of causing blight and initiating slums; that if the same are not curtailed
or removed, such conditions may grow and spread and necessitate in
time the expenditure of large amounts of public funds to correct and
eliminate the same, and that by the adoption of the regulations and
restrictions herein contained, slums and blight may be prevented and
neighborhood and property values may be maintained and upgraded, nonresidential
uses and neighborhoods may be better maintained and the public health,
safety and welfare protected and fostered.
B.
Purpose. The purpose of this chapter is to establish
minimum standards governing the conditions, maintenance and appearance
of buildings and premises in the Township of Montclair used or intended
to be used for commercial, business, industrial or any other nonresidential
occupancy; to establish minimum standards governing utilities, facilities
and other physical equipment essential to make the aforesaid buildings
and premises safe and sanitary; to fix responsibilities and duties
of owners and occupants of buildings; to authorize the inspection
of buildings and premises; and to fix penalties for violations.
C.
Standards. The provisions of this chapter shall constitute
the standards to guide the enforcement officer in determining the
fitness of premises for use and occupancy and in determining whether
the premises are being maintained in such condition as to constitute
and produce a blighting effect upon neighboring properties and to
cause a progressive deterioration and downgrading of neighborhood
properties with an accompanying diminution of neighborhood property
values.
A.
BATHROOM
BUILDING
DETERIORATION
ENFORCEMENT OR ENFORCING OFFICER
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
GARBAGE
HAZARD
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
INFESTATION
LITTER
MIXED OCCUPANCY
NUISANCE
(1)
(2)
(3)
(4)
OCCUPANCY UNIT
OCCUPANT
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON
PREMISES
PUBLIC AUTHORITY
REFUSE
RUBBISH
STRUCTURE
TRANSLUCENT
TREE PIT
WEATHERING
WINDOW
WINDOW DISPLAY AREA
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any enclosed space which contains a water closet and which
may also contain one or more of the following: bathtub, shower, lavatory
or fixtures serving similar purposes.
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outbuildings and appurtenances
belonging thereto or usually utilized in connection therewith.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
substantial evidence of physical decay, neglect, lack of maintenance
or excessive wear.
The Zoning and Housing Officer.
Any premises or part thereof which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway,
parking lot or from any adjoining or neighboring premises.
The control and elimination of insects, rodents and vermin,
whether by eliminating their harborage places or by removing or making
inaccessible material that may serve as their food, or by poisoning,
spraying, fumigating, trapping or any other legal means of pest elimination.
The animal and vegetable matter or other organic waste resulting
from the handling, preparation, cooking and consumption of food or
other products.
Includes but is not limited to the following:
Natural growth. Dead and dying trees, limbs
and other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, are or may be dangerous to persons in
the vicinity thereof.
Overhangs. Loose, overhanging and projecting
objects and accumulations of ice and snow which, by reason of location
above ground level, constitute a danger to persons in the vicinity
thereof.
Ground surface conditions. Holes, excavations,
breaks, heaps of material, ungraded fill, projections, traps and obstructions
on paths, sidewalks, driveways, parking lots and parking areas and
other parts of the exterior of the premises which are accessible to
and used by persons having access to such premises.
Recurring accumulation of stormwater. Inadequate
running off or recurrent accumulations of stormwater due to lack of
or improper installation or maintenance of drains.
Sources of infestation. Conditions conducive
to breeding or harboring of insects, rodents, vermin or pests.
Defective foundation walls. Holes, breaks, deterioration,
undermining or any damage in foundation walls rendering same incapable
of safely bearing all imposed loads placed thereon or of excluding
weather, vermin and other pests.
Defective chimneys, flues and vent attachments
thereto. Chimneys, flues and vent attachments not structurally sound
or free from defects, or inadequately designed, attached or maintained,
so as to perform capably at all times the functions for which they
were designed and constructed; chimneys, flues, gas vents and other
draft-producing equipment which do not provide sufficient draft to
develop the rated output of the connected equipment or are not structurally
safe, durable, smoketight or capable of withstanding the action of
flue gases.
Defective exterior porches, landings, balconies,
stairs and fire escapes. Exterior porches, landings, balconies, stairs
and fire escapes which are not provided with banisters or railings
properly designed, not structurally sound or maintained in good repair,
painted or not otherwise provided with a protective treatment to prevent
deterioration.
The presence on or within premises of insects, rodents, vermin
or pests.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar or can or any top, cap
or detachable tab of any bottle, jar or can; any unlighted cigarette,
cigar, match or any flaming or glowing material; or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste;
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary processes of mining or other extraction processes,
logging, saw milling, farming or manufacturing.
[Amended 2-19-1991 by Ord. No. 91-5]
The use of any building for both residential and nonresidential
purposes.
Any public nuisance known at common law or as
defined by the statutes of the State of New Jersey or by the ordinances
of the Township of Montclair.
Any inadequately protected well, shaft, basement,
excavation, abandoned motor vehicle, appliance or equipment, structurally
unsound fence or building, building materials, trash, debris or vegetation,
such as poison ivy, oak or sumac, or other substance or any condition
which is or may be detrimental to the safety or health of persons.
Any hazard, as defined herein, which is dangerous
to human life or detrimental to health of persons on or near the premises
where the hazard exists.
Fire hazards, as defined by Chapter 153, Fire Prevention.
Any room or group of rooms or part thereof forming a single
usable unit (used or intended to be used or designed to be used for
nonresidential purposes) and located within a building used or intended
to be used or designed to be used in whole or in part for other than
residential occupancy.
Any person or persons (including the owner) in actual possession
of and using an entire building or an occupancy unit in a building.
Any person (including the owner) who has care or control
of the premises or any part thereof.
The holder or holders of all or part of the title to the
premises.
All individuals, associations and corporations who have interests
of record in a building or premises and any who are in actual possession
thereof.
Any individual, firm, corporation or other legal entity,
and also a political subdivision of a state or the United States.
A lot, plot or parcel of land whether or not the same has
buildings situated thereon.
The person or persons who are authorized by the codes and
ordinances of the Township of Montclair to exercise powers prescribed
therein.
Any rotting or spoiling foodstuffs, fruits or vegetables
and all putrescible and nonputrescible solid wastes, including but
not limited to garbage, rubbish, ashes, litter, dead animals, abandoned
automobiles and solid market and industrial wastes, brush, weeds,
broken glass, stumps, roots, obnoxious growths, filth, trash, rubbish
and debris of any description.
All combustible and noncombustible waste materials, except
garbage.
Any assembly of materials forming a construction, including
but not limited to buildings, stadiums, gospel and circus tents, reviewing
stands, platforms, stagings, observation towers, radio towers, water
tanks, trestles, open sheds, bins, shelters, fences and display racks
and signs.
The property of admitting the passage of light but diffusing
it so that objects cannot be clearly distinguished.
The area immediately surrounding a tree, the perimeter of
which may be decorative brick, grating, native soil or grass.
[Added 12-27-2001 by Ord. No. 01-54]
Deterioration, decay or damage caused by exposure to the
elements.
An opening in the wall or roof of a building for the admission
of light or air, which opening may be closed to the elements by casements
or sashes containing glass or other transparent or translucent materials.
That area of a building in proximity to the inner surface
of a window which is designed or used for the viewing of the interior
and the display of items representative of any goods or services pertaining
to the business conducted therein.
B.
Meaning of certain words. Whenever, in describing
or referring to any person, party, matter or thing, any word importing
the singular number or masculine gender is used, the same shall be
understood to include and to apply to several persons or parties as
well as to one person, and to females as well as males, and to bodies
corporate and partnerships as well as individuals, and to several
matters and things as well as one matter or thing.
A.
Each and every lot and building thereon located in the Township of Montclair which is not exclusively residential by virtue of its use, intended use or design shall comply with the provisions of this chapter, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this chapter, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises, for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in Subsection B hereof.
B.
Where there is a mixed occupancy of such buildings
and premises, the residential and nonresidential uses thereof shall
be regulated by and be subject to the applicable provisions of both
this chapter and all other ordinances and codes of the Township of
Montclair thereto pertaining.
C.
In any case where a provision of this chapter is found
to be in conflict with any provision of any zoning, building, fire,
safety or health ordinance or code of the Township[1] as it relates to such buildings and premises, including
provisions governing the issuance of licenses and permits, the provision
which establishes the higher standard for the promotion and protection
of health and safety shall prevail and be applied.
D.
Nothing in this chapter shall be construed to abrogate
or impair the powers of any department or official of the Township
to enforce the provisions of any Township ordinance or regulation
or to prevent or punish any violation thereof.
A.
Owner and operator. Owners and operators shall have all the duties and responsibilities prescribed in §§ 247-5 through 247-8 inclusive and in the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from such duties or responsibilities by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
B.
Occupant. Occupants shall have all the duties and responsibilities prescribed in §§ 247-5 (except Subsection F), 247-7, 247-8 and 247-9 and in all regulations promulgated pursuant thereto; and the occupant shall not be relieved of any such duties or responsibilities by reason of the fact that the owner or operator, or both, is or are also responsible therefor and in violation thereof.
C.
Contract not to alter responsibilities. The respective
duties and responsibilities imposed hereunder on the owner, operator
and occupant shall not be altered or affected by any agreement or
contract to which one or more of them is or are a party or parties.
The exterior of the premises and all structures
thereon shall be kept free of litter and of all nuisances and hazards
to the safety of tenants, occupants, pedestrians and other persons
having access to the premises, and free of unsanitary conditions.
The exterior of the premises shall also reflect a level of maintenance
in keeping with the standards of the neighborhood, shall meet the
standards of this chapter or such higher standards as may be adopted
by the Township and shall not constitute a blighting effect upon neighborhood
properties. Specifically, but not in limitation of the generalities
of the foregoing, the following standards shall be maintained:
A.
Storage. There shall not be stored or used at a location visible from the street, sidewalks or other public areas equipment and materials relating to commercial or industrial uses unless permitted under Chapter 347, Zoning, for the premises or unless permitted by Board of Adjustment action.
B.
Landscaping.
[Amended 9-13-1983 by Ord. No. 83-33]
(1)
The landscaping of premises shall be maintained in
an orderly state, with lawns and bushes trimmed and free from litter.
Open area shall be graded to eliminate holes, depressions, gullies,
mounds, accumulations of debris or other unsightly or unsafe conditions.
(2)
All landscaped areas, including trees, ground covers
and other plant material, shall be properly maintained in accordance
with the design intent of any approved site plan. All trees, ground
covers and other plant material which are shown on an approved site
plan shall be replaced if dead or in an unhealthy or damaged condition.
C.
Signs and billboards. All duly authorized signs and
billboards shall be maintained in good repair. Any sign or billboard
which has faded or weathered excessively or the paint on which has
excessively peeled or cracked shall, with its supporting members,
be put into a state of good repair or removed. The responsibilities
of an occupant under this subsection shall be limited to signs and
billboards erected or used by such occupant.[1]
D.
Window and window display areas. All windows exposed
to public view shall be kept clean and free of marks and 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 such areas are first
screened by drapes, venetian blinds or other means. All screening
of interiors shall be maintained in a clean and attractive manner
and in a good state of repair.
E.
Removal of signs or advertisements. Any temporary
sign or other advertising material glued or otherwise attached to
a window or otherwise exposed to public view shall be removed at the
expiration of the event or sale for which it was erected or posted.
F.
Repair and painting of exteriors of buildings. All
storefronts and the exterior of every building, structure or appurtenance
thereto shall be maintained in good repair, and all exterior surfaces
thereof shall be kept painted or otherwise provided with a protective
treatment where necessary for purposes of preservation and appearance,
and maintained free from broken or cracked glass, loose shingles or
siding or crumbling masonry, excessively peeling paint or other condition
indicating deterioration or inadequate maintenance, to the end that
the property itself may be preserved, safety and fire hazards eliminated
and adjoining properties and the neighborhood protected from blighting
influence.
G.
Awnings and marquees. Any duly authorized 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, installed at a sufficient height and so maintained
as not to constitute a nuisance or a safety hazard. In the event any
such awning or marquee is made of cloth, plastic or of 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 structural members on streets, sidewalks or public
ways.[2]
H.
Scaffolding. No temporary scaffold or other temporary
equipment used for construction, repair, painting or maintenance shall
be permitted to remain in place after completion of work or beyond
a period of three months after erection or placement thereof without
permission of the Superintendent of Building Inspections.
I.
General sanitation and safety.
[Added 12-27-2001 by Ord. No. 01-54]
(1)
Every operator of a property immediately adjacent
to a sidewalk which includes a tree pit shall be responsible for maintaining
the appearance of the tree pit, including, but not limited to, removal
of any and all litter that may accumulate therein.
(2)
In the event a tree pit is adjacent to more than one
operator, then all of the operators adjacent to the tree pit shall
be responsible to comply with this subsection.
J.
Boarded commercial storefronts.
[Added 3-4-2014 by Ord. No. O-14-001]
(1)
Requirement to register.
(a)
No commercial first-floor store front shall be boarded without
first registering with the Township's code enforcement office;
and
(b)
Registration shall be deemed complete when the property owner
or its agent shall provide the Township with the property location,
owner's name and name and phone number of the person responsible
for the property.
(2)
Requirement for permit.
(a)
Any person found to not have registered their boarded storefront
shall be immediately required to obtain a permit.
(b)
A registered property may not remain boarded for more than 14
days without obtaining a permit from the Director of Planning.
(c)
The permit shall be issued upon the property owner demonstrating
to the Director of Planning that a creative and attractive window
covering shall be maintained on the property.
(d)
The permit shall be valid for 90 days and must be displayed
on the premises.
(e)
The property owner may petition the Director of Planning for
an extension prior to the expiration date. Extension shall only be
granted for extraordinary circumstances.
All roofs shall be maintained in good repair,
and where occupants use or have access to the roof of any building,
such roof shall be free from conditions resulting in danger to life
or limb by reason of lack of railings, inadequate parapets, loose
materials or other dangerous conditions. The enforcing officer, when
he or she finds the existence of the dangerous conditions, may, with
the concurrence of the Fire Department, direct the owner or operator
of the premises to lock or otherwise bar access to the roof until
such dangerous conditions are eliminated.
A.
Floors and supporting structural members shall be
maintained in a structurally sound condition, and there shall not
be imposed thereon any load which shall constitute a hazard or exceed
the safe limits for which said floor was designed.
B.
Bathroom floors shall be surfaced with water-resistant
material and shall be kept in a dry, clean and sanitary condition
at all times.
C.
In buildings containing not more than four occupancy
units, it shall be the responsibility of each of the occupants, and
in buildings containing more than four occupancy units, it shall be
the responsibility of the owner and operator, to furnish such receptacles
as are needed for the proper storage of garbage and rubbish until
removal of all garbage and rubbish and to provide for the regular
and periodic removal of all garbage and rubbish from the premises.
D.
Storage bins, rooms and areas shall not be used for
the storage of accumulated garbage and rubbish unless:
(1)
Such rubbish is stored in watertight containers of
metal or other material approved by the enforcing officer.
(2)
Such storage bins, rooms and areas are of smooth,
easily cleanable construction and are kept in a sanitary condition.
E.
Except in compliance with regulations of the Department
of Community Services relating to collection procedures, rubbish and
garbage shall be placed or kept on the property within the building
located thereon or not nearer to the street line than the building
line or nearer to the street line than the face of the building, whichever
distance from the street line is the greater.
[Amended 6-15-2004 by Ord. No. 04-34]
F.
Flammable or combustible liquids or other materials
shall not be stored on the premises unless they are of a type approved
for storage by the Fire Department and then only in such quantities
as may be prescribed by applicable Fire Department directives or regulations.[2]
G.
Every occupant of an occupancy unit shall be responsible
for the extermination of any insects, rodents or other pests therein
or on the premises. In addition to the foregoing provision of this
subsection, whenever infestation is caused by failure of the owner
or operator to maintain any such building in a reasonably pestproof
condition, extermination shall be the responsibility of the owner
and operator.
A.
Every building shall be provided with electric service,
where required, in accordance with the applicable codes from time
to time adopted by the Township.
B.
Every bathroom shall be provided with permanently
installed and operating artificial lighting fixtures with switches
and wall plates so located and maintained that there is no danger
of electric shock from a simultaneous contact with a water supply
fixture.
C.
Maximum fuse or circuit breaker sizes as specified
by the National Electrical Code, as amended from time to time, shall
be posted conspicuously on the inside cover of all fuse or circuit
breaker boxes, and no fuse or circuit breaker shall be installed therein
in excess of the stated maximum. Owners and operators shall not be
held responsible for violations in fuse and circuit breaker sizes
where the correct maximum size is stated and the fuse or circuit breaker
box is located within any part of the building which is in the exclusive
possession of an occupant or occupants other than the owner.
A.
Upon discovery by an occupant of any condition on
the premises which constitutes a violation of this chapter, the occupant
shall report the same to the Zoning and Housing Officer.
B.
All parts of the premises under the control of an
occupant shall be kept in a clean, sanitary and safe condition by
the occupant, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean, unsafe or
unsanitary or which would prevent the owner or operator from performing
any duty required hereunder.
A.
Enforcement officer. The Zoning and Housing Officer
is hereby designated and appointed to enforce the provisions of this
chapter. The Zoning and Housing Officer may authorize members of his
or her Department to make inspections, prepare and serve notices and
orders and to take all action necessary to secure compliance with
the provisions of this chapter. The Zoning and Housing Officer shall
seek and receive the cooperation of all other Township departments
having concurrent jurisdiction over the matters covered by this chapter.
B.
Inspection of premises. All premises within the Township
of Montclair covered by this chapter shall be subject to inspection
from time to time by the Zoning and Housing Officer to determine the
condition thereof in order that he or she may perform his or her duty
of safeguarding the health and safety of the persons occupying and
using the same and of the general public. For the purpose of making
such inspections, the enforcing officer is hereby authorized to enter,
examine and survey at all reasonable times all such premises; provided,
however, that such entries are made in such manner as to cause the
least possible inconvenience to the persons in possession. The owner,
operator and persons occupying the same shall give the enforcing officer
free access to the same at all reasonable times for the purpose of
such inspection. Every person occupying such premises shall give the
owner and operator thereof access to that portion of the premises
occupied by or in the possession of such person at all reasonable
times for the purpose of making such repairs, alterations or corrections
as are necessary to effect compliance with the provisions of this
chapter or with any lawful rules or regulations adopted or any lawful
order issued pursuant to the provisions of this chapter.
C.
Where violations of the provisions of this chapter
are brought to the attention of the enforcing officer, such officer
or his or her duly authorized representative shall prepare a notice
in writing setting forth all violations and shall order that the same
be eliminated within 30 days. Such notice and order shall be delivered
to the occupant or owner or operator, or any or all of them, as the
case may be, personally or by leaving the same with any person in
charge of the premises. In the event that no such person is found
upon the premises, service of notice and order shall be made by affixing
a copy thereof in a conspicuous place on the door to the entrance
of the premises and by mailing, by certified mail, a copy thereof
to the owner, operator or occupant at his or her last known post office
address.
[Amended 7-7-1981 by Ord. No. 81-33]
D.
Vacation of premises in emergency.
(1)
Where the enforcing officer makes a preliminary finding
that conditions on the premises constitute an immediate and substantial
threat to the safety or health of occupants of or persons in proximity
to the premises, he or she may order and direct that the premises
be vacated immediately and that signs or notices be posted prohibiting
occupancy thereof.
(2)
Any occupant, owner or operator aggrieved by such
order may, within seven days, file an appeal petition with the Mayor
requesting a review of such order. It shall be the duty of the Mayor
to review, after public hearing, and either sustain, vacate or modify
such order within 14 days from the time the petition is filed. The
hearing on any such review may be conducted either by the Mayor or
by such hearing officer (including another Council member) as the
Mayor may designate. An application for such review shall not constitute
a stay of the order of the enforcing officer, and the premises subject
to such order shall remain vacated during the pendency of the review
proceedings. Subject to all further rights of review in the courts
provided or permitted by law, the decision of the Mayor shall be final.
[Amended 11-25-1980 by Ord. No. 80-63; 6-25-1991 by Ord. No.
91-35]
An Advisory Board consisting of 11 persons shall
be appointed annually by the Township Council for the purpose of reviewing
from time to time the operations of this chapter and such other charges
and responsibilities which may be given to it by resolution of the
Council. To the largest extent practicable, there shall be at least
one person appointed from each of the major business districts in
Montclair. The Advisory Board shall be empowered to receive suggestions
of officials of the Township of Montclair, interested citizens and
property owners and occupants and may recommend additions, revisions,
deletions or other amendments of this chapter to the Council of the
Township of Montclair for its consideration.
[Amended 5-23-2000 by Ord. No. 00-19; 12-27-2001 by Ord. No.
01-54; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.