[HISTORY: Adopted by the Borough Council of the Borough of Carteret
6-6-2002 by Ord. No. 02-12.[1]
GENERAL REFERENCES
Air pollution control — See Ch. 64.
Brush, grass and weeds — See Ch. 89.
Uniform construction codes — See Ch. 109.
Fire prevention — See Ch. 128.
Garbage, rubbish and refuse — See Ch. 137.
Housing standards — See Ch. 149.
Land development — See Ch. 160.
Streets and sidewalks — See Ch. 222.
Brush, grass and weeds (Board of Health) — See Ch. 283.
Garbage, rubbish and refuse (Board of Health) — See Ch. 300.
Housing standards (Board of Health) — See Ch. 304.
[1]
Editor's Note: This ordinance also repealed former Art. I, General Provisions, adopted 9-1-1983 by Ord. No. 83-39, as amended, and redesignated former Art. II, Identification of Siamese Connections in Nonresidential Buildings, adopted 5-16-1991 by Ord. No. 91-22, as Ch. 128, Fire Prevention, Article III.
The intent of this chapter is to establish minimum acceptable standards
for the maintenance of existing buildings, structures, and facilities.
The purpose of this chapter is establishing minimum standards and regulations
governing the condition and maintenance of all property, buildings, structures
and dwellings; establishing minimum standards governing supplied utilities
and facilities and other physical things and conditions essential to ensure
that structures are safe, sanitary, and fit for occupation and use; establishing
minimum standards of dwellings offered for rent; fixing certain responsibilities
and duties of owners and occupants of structures; and the condemnation of
dwellings unfit for human habitation and the demolition of such dwellings
and structures; known as the "Property Maintenance Code."
The BOCA National Property Maintenance Code, Fifth Edition, 1996, as published and promulgated by the Building Officials and Code Administrators International, Inc., three copies of which have been placed on file in the office of the Borough Clerk, is hereby adopted as the Property Maintenance Code of the Borough of Carteret for the control of buildings and structures as herein provided; and each and all of the regulations, provision, penalties, conditions and terms of said BOCA National Property Maintenance Code of 1996 are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with additions, insertions, deletions and changes, if any, prescribed in § 198-5 of this chapter.
Former Article I, General Provisions, of Chapter 198, entitled "Property Maintenance" of the Code of the Borough of Carteret, is hereby repealed.
The BOCA National Property Maintenance Code of 1996 is amended and revised
in the following respects:
A.
Section PM-101.1 (page 1, second line). Insert: Borough
of Carteret.
B.
Section PM-106.2 (page 2, third line). Insert: $100;
$1,000.
C.
Section PM-106.2 (page 2, fourth line). Insert: 90 days.
D.
Delete Section PM-111.0 entitled "Means of appeal."
E.
Replace Section PM-303.1 entitled "Vacant Structures
and Land" with the following:
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PM-303.1- Vacant Structures and Land: All vacant structures
and premises thereof or vacant land shall be maintained in a clean, safe,
secure and sanitary condition as provided herein so as not to cause a blighting
problem or adversely effect the public health or safety. The exterior of vacant
structures shall be maintained to the standards for occupied structures. In
those instances when it is necessary to temporarily board up any structure,
the boarding shall be performed in a workman-like manner in accordance with
the following standards:
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All boarding material must be of a type designated for exterior use;
all windows and doors must have a custom fit with boarding materials securely
attached to completely cover the window or door opening; all boarding material
must be white or of the same color as the structure being boarded; the boarding
shall be for a period not to exceed 90 days.
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F.
Replace Section PM-303.3 entitled "Sidewalks and Driveways"
with the following:
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PM-303.3- Sidewalks and Driveways: All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept in a proper
state of repair and maintained free from hazardous conditions. This shall
include all curbs, driveway entrances and sidewalks abutting a public street
in front of the premises. Stairs shall comply with the requirements of Sections
PM-304.10 and PM-702.9.
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G.
Replace PM-303.8 entitled "Motor Vehicles" with the following:
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PM-303.8 - Motor Vehicles, Trailers and Boats: No currently
unregistered or uninspected motor vehicle, trailer or boat shall be parked,
kept or stored on any premises. No vehicle, trailer or boat of any type shall,
at any time, be in a state of major disassembly, disrepair or in the process
of being stripped or dismantled. This shall not apply to a vehicle, trailer
or boat of any type which is undergoing major overhaul including bodywork,
provided that such work is performed inside a structure or similarly enclosed
or screened storage area designed and approved for such purposes. No vehicle,
trailer or boat shall be stored in a front yard as defined by the Zoning Ordinance[1]of the Borough.
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No trailer of any size which provides enclosed storage shall be parked,
kept, or stored on any premises except that one currently registered trailer
which provides enclosed storage may be temporarily parked on the premises
with the prior approval of the Code Enforcement Officer during the period
of active construction or renovation not to exceed six months. This prohibition
shall not apply to any trailer owned by the Borough or being used in connection
with any temporary function, including a circus, carnival or similar activity,
which is approved by the Borough.
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H.
Section PM-304.15 (page 11, first and second lines).
Insert: April 15 to October 15.
I.
Replace PM-405.8 entitled "Minimum Ceiling Heights";
Exceptions, No. 2, with the following:
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2.
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Basement rooms in one- and two-family dwellings occupied exclusively
for laundry, study or recreation purposes, having a ceiling height of not
less than 7 feet (2,134 mm) with not less than 6 feet 4 inches (1,932 mm)
of clear height under beams, girders, ducts and similar obstructions.
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J.
Section PM-602.1 (page 17, fifth line). Insert: October
15 to April 15.
K.
Section PM-602.3 (page 17, third line). Insert: October
15 to April 15.
The Code Enforcement Officer, or a duly designated representative, shall
be responsible for the enforcement of the provisions of this chapter.
In any case where the provisions of this Code impose a higher or stricter
standard than that set forth in any other ordinance or regulation of the Borough
or under the law or regulations of the State of New Jersey, or any of its
agencies, then the standards as set forth herein shall prevail, but if the
provisions of this Code impose a lower or lesser standard than any other regulation
or ordinance of the Borough, or laws or regulations of the State of New Jersey
or any of its agencies, than the higher standard contained in any such other
ordinance or regulation shall prevail.
Compliance with this Code shall not constitute a defense against any
violation of any other ordinance of the Borough, applicable to any structure
or premises, nor shall any one act of compliance constitute a defense against
any subsequent or other violation of this Code.
Owners, operators and occupants shall have all of the duties, obligations
and responsibilities prescribed in this Code, and no such person or entity
shall be relieved of any such duty, obligation or responsibility hereunder,
nor be entitled to assert as a defense against any charge made against him,
her or them for violation of this Code, the fact that any other owner, operator
or occupant or any other third person or entity is also responsible therefor
and in violation thereof.
Nothing contained in this Code or any requirement of this Code or any
requirement of compliance herewith shall be deemed to alter, impair or affect
the application of the Zoning Ordinance or zoning laws of the Borough.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to effect any suit or proceeding impending in any Court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 198-4 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or effected by this chapter.
