Township of Jefferson, NJ Chapter 367 Property Maintenance

[HISTORY: Adopted by the Township Council of the Township of Jefferson 3-20-2002 by Ord. No. 7-02 (Ch. 78 of the 1967 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Driveway standards for single-family residences — See Ch. 207, Art. I.

Dumping; abandoned vehicles — See Ch. 216.

Application of fertilizers — See Ch. 240.

Fire prevention — See Ch. 256.

Forest, tree and soil preservation and mitigation — See Ch. 273.

Littering and handbills — See Ch. 313.

Public health nuisances — See Ch. 326.

Numbering of buildings — See Ch. 330.

Open pits, trenches and wells — See Ch. 337.

Parking area maintenance — See Ch. 348.

Snow and ice removal — See Ch. 407.

Solid waste — See Chs. 412 and 416.

Street and sidewalk visual obstructions — See Ch. 429, Art. II.

Surface water management — See Ch. 439.

Trailers and mobile homes — See Ch. 460.

§ 367-1 Adoption of standards.

[Amended 9-1-2004 by Ord. No. 28-04; 7-15-2015 by Ord. No. 16-15]

There is hereby adopted in the Township of Jefferson by reference the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, Inc., which shall be known as the "Property Maintenance Code of the Township of Jefferson." Three copies of said code shall remain on file in the office of the Township Clerk, which may be used by the public at any time during regular hours of the Township Clerk, and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set forth in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 367-2 of this chapter.

§ 367-2 Amendments to standards.

The following sections of the International Property Maintenance Code for adoption in Jefferson Township are hereby revised as follows:

A. Section 101.1. Insert: "Township of Jefferson Township."

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, providing an amendment to Section 106.4, as amended, was repealed 7-15-2015 by Ord. No. 16-15.

C. Section 303.14. Insert: "May 1 to October 1."

D. Section 602.3. Insert: "October 1 to May 1."

E. Section 602.4. Insert: "October 1 to May 1."

F. Section 111.1. Insert at the end of the paragraph: "Any person filing an appeal shall pay a fee to the Township of $100 for each appeal."

G. Section 111.2. Insert: Membership of the Board. The following sentence shall replace the last sentence of Section 111.2.: "The members of the Board shall be appointed by the Mayor with the advice and consent of the Township Council for three-year terms, and said members shall serve without compensation."

H. Section 111.2.5: Deleted.

I. There is hereby created, in the Property Maintenance Code, Section 302.10 to read as follows:

[Added 10-7-2009 by Ord. No. 31-09]

302.10. Trees and Other Overhanging Objects. The exterior of the premises, up to the public traveled way or curbline, shall be kept free of dangerously loose and overhanging objects, including but not limited to, dead trees or tree limbs, or any object, natural or man-made, which could threaten the health and safety of persons if caused to fall or other similar dangerously loose and overhanging objects, which, by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof.

J. There is hereby created, in the Property Maintenance Code, Section 302.11 to read as follows:

[Added 10-7-2009 by Ord. No. 31-09; amended 12-21-2016 by Ord. No. 16-16]

302.11. Structures and Trees Within The Public Right-of-Way. Any structure or tree existing in the public right-of-way fronting any private property, which shall include, but not be limited to, trees, landscaping materials, walls and sports equipment, shall be maintained by the owner of the property fronting on that portion of the public right-of-way. The property owner, at the owner's sole cost and expense, shall remove any such structures or materials, if deemed a hazard by the Township Department of Public Works or the Township Police Department. Any trees or landscaping material within the public right-of-way, which shall be deemed to be hazardous by the Department of Public Works or the Township Forester, whether the entire tree shall be deemed hazardous or just overhanging limbs or any portion of trees, shall be removed at the direction of the Department of Public Works or the Township Forester by the owner of the property adjacent to the public right-of-way on which the object or objects are located. Said removal, trimming or other work on the material side shall be at the sole cost of the owner of the property and the owner shall remain liable for any risk posed by said structures.

K. Section 302.4, Weeds, of the International Property Maintenance Code shall be amended to read as follows:

[Added 12-21-2016 by Ord. No. 16-16]

Section 302.4. Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 14 inches in height above ground level. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

§ 367-3 Construal of provisions.

Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect 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; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 367-4 Enforcement; violations and penalties.

[Added 7-15-2015 by Ord. No. 16-15]

A. Enforcement.

(1) Notwithstanding any language contained in the aforementioned International Property Maintenance Code, 2006 Edition, enforcement of the provisions of this chapter, including the International Property Maintenance Code, may be made by any Property Maintenance Code Official, Police Officer of the Township of Jefferson, the Zoning Officer of the Township of Jefferson, the Construction Code Official of the Township of Jefferson, or any person designated by the administration to enforce the provisions of this code.

(2) Any enforcement of this Code may be pursuant to notice provisions as set forth in the International Property Maintenance code, or in the sole discretion of the enforcing officer; said officer shall have a right to issue a summons for any violations of this code without requiring any notice to be served upon the property owner or violator. The enforcing officer shall have a right to charge a separate violation for each day that any violations continue, and each such violation shall be considered a separate violation for penalty purposes.

B. Penalties. Any person who violates any provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days, or both. Each separate offense shall be deemed committed on each day during or on which a violation occurs or continues.