This chapter shall be known as and may be cited
by the short-form title of the "Property Maintenance Code," herein
referred to as "this chapter."
The purpose of this chapter is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance and condition of residential
and nonresidential premises. It fixes certain responsibilities upon
owners, operators, occupants and other persons. It authorizes and
establishes procedures for the inspection of residential and nonresidential
premises. It fixes penalties for the violation of this code and provides
procedures for correcting violations in those cases requiring Borough
action. This chapter is hereby declared to be protective, preventive
and essential for the public interest.
The following words and terms, whenever used
in this chapter, shall have the respective meanings herein assigned
to them and shall be construed to include the plurals of these words:
As defined in N.J.S.A. 55:19-78.
[Added 12-20-2017 by Ord. No.
20-2017]
The Building Code of the Borough of Hopatcong.
[1]A condition characterized by holes, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay or neglect, vandalism,
lack of maintenance, excessive use and/or the uncorrected consequences
of natural catastrophe.
See § 179-14.
Any premises, or any part thereof, which may be viewed lawfully
by the public or any member thereof.
[2]The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
[Added 12-2-1998 by Ord. No. 35-98]
The presence of vermin on the premises which constitute a
nuisance or a health hazard.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
[Added 12-2-1998 by Ord. No. 35-98]
To keep in good repair and preserve the premises.[3]
[Amended 12-2-1998 by Ord. No. 35-98]
Any person living or sleeping in a building; or having possession
of a space within a building.
[Amended 12-2-1998 by Ord. No. 35-98]
Any person who has chore, charge or control of a structure
or premises which is let or offered for occupancy.
[Amended 12-2-1998 by Ord. No. 35-98]
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
[Amended 12-2-1998 by Ord. No. 35-98]
An individual, corporation, partnership or any other group
acting as a unit.
[Added 12-2-1998 by Ord. No. 35-98]
A lot, plot or parcel of land including any structures thereon.
[Amended 12-2-1998 by Ord. No. 35-98]
Includes any of the following:
[Added 12-2-1998 by Ord. No. 35-98]
The physical condition or occupancy of any premises
recorded as a public nuisance at common law;
Any physical condition or occupancy of any premises
or its appurtenances considered an attractive nuisance to children,
including but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
Any premises that has unsanitary sewerage or
plumbing facilities;
Any premises designated as unsafe for human
habitation;
Any premises that is manifestly capable of being
a fire hazard or is manifestly unsafe or unsecure so as to endanger
life, limb or property;
Any premises from which the plumbing, heating
or facilities required by this code have been removed, or from which
utilities have been disconnected, destroyed, removed or rendered ineffective,
or the required precautions against trespassers have not been provided;
Any premises that is unsanitary, or that is
littered with rubbish or garbage, or that has an uncontrolled growth
of weeds; or
Any structure that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent so as not to provide shelter;
in danger of collapse or failure; and dangerous to anyone on or near
the premises.
Anything constructed, assembled or erected, the use of which
requires location on or in the ground or attachment to something having
its location on or in the ground, and includes fences, tanks, swimming
pools, shelters, towers, advertising devices, bins, tents, lunch wagons
and trailer, dining cars or similar structures on wheels or other
supports used for commercial or residential purposes; wires and their
supporting poles, towers and frames of electrical or telephone utilities
or service utilities entirely below the ground are also deemed to
be structures.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
[Added 12-2-1998 by Ord. No. 35-98]
An open space on the same lot with a structure.
[Added 12-2-1998 by Ord. No. 35-98]
Any of various insects or undomesticated animals which are
potentially destructive, annoying or injurious to health.
[2]
Editor's Note: The definitions of "exterior
of the premises" and "fire hazard," which immediately followed this
definition, were repealed 12-2-1998 by Ord. No. 35-98.
[3]
Editor's Note: The definition of "nuisance,"
which immediately followed this definition, was repealed 12-2-1998
by Ord. No. 35-98.
Every residential and nonresidential building and structure and the premises on which it is situated in the Borough of Hopatcong used or intended to be used for residential, commercial, business or industrial occupancy shall comply with the provision of this code, whether or not the buildings shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy or repair of equipment or facilities prior to the enactment of this code. This code establishes minimum standards for the initial and continued occupancy and use of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in § 179-5.
In any case where the provisions of this code
impose a higher standard than set forth in any other ordinance of
the Borough or under the laws of the State of New Jersey, then the
standards as set forth herein shall prevail, but if the provisions
of this code impose a lower standard than any other ordinance of the
Borough or of the laws of the State of New Jersey, then the higher
standard contained in any other ordinance or law shall prevail.
Compliance with this code shall not constitute
a defense against any violation of any other ordinance of the Borough
applicable to any owner, operator or occupant from complying with
any other provision nor any official of the Borough from enforcing
any other provision.
