The provisions of this chapter shall apply to:
B. All premises rented for residential occupancy except
one-family houses and two-family houses in which the owner occupies
one of the two dwelling units.
C. All premises used, in whole or in part, for nonresidential
uses.
D. All one-family homes and two-family homes in which the owner occupies one of the two dwelling units, to which only the provisions of Chapters
1 (Administration) and 2 (Definitions), and Section PM-507 (Sanitary Drainage System), and §
247-4 of this chapter shall apply.
[Amended 7-24-2002 by Ord. No. 13-02]
[Amended 2-25-2020 by Ord. No. 2-20]
The 2018 International Property Maintenance Code, second printing,
as published by the International Code Council, Inc., shall be and
is hereby adopted as the Property Maintenance Code of the Borough
of Maywood, in the State of New Jersey, for the control of buildings
and structures as herein provided; and each and all of the regulations,
provisions, penalties, conditions and terms of said Code are hereby
referred to, adopted and made a part hereof, as if fully set out in
this chapter, with the additions, insertions, deletions and changes,
if any, prescribed in § 242-3 of this chapter. Said code
is available online and at the time of adoption could be found at
https://codes.iccsafe.org/content/IPMC2018?site_type=public.
[Amended 2-25-2020 by Ord. No. 2-20]
The following additions, insertions, deletions and changes are
adopted:
A. Anywhere
the [NAME OF THE JURISDICTION] appears, "Maywood, NJ" shall be inserted.
B. Where the
title "code official" is listed, it should be amended to say “the
code official, the Maywood Police Department's members and the employees
and officers of the Maywood Board of Health are authorized to assist
the code official in the enforcement of this Code."
C. Section
105 shall be deleted in its entirety.
D. Section
108 shall be deleted in its entirety.
E. Section
109 shall be deleted in its entirety.
F. Section
110 shall be deleted in its entirety.
G. Section
111 shall be deleted in its entirety.
H. Section
112 shall be deleted in its entirety.
I. Section
302.4 where the [Jurisdiction to insert height in inches] is listed,
"eight inches" shall be inserted.
J. Section
304.14 where the [DATE] to [DATE] reference is made it shall be "March
to November."
[Added 4-14-2020 by Ord.
No. 5-20]
A. Completion of construction. All construction for which a permit has
been issued pursuant to the provisions of the Uniform Construction
Code must be completed within the time period set forth in the Uniform
Construction Code. Construction permits, once issued, shall be permitted
to remain open for the period set forth in the Code.
B. Notice to property owner of permits open for more than one year.
The Construction Official of the Borough of Maywood shall provide
written notice of the requirements of the within ordinance to all
owners of property for which construction permits have been open for
a period of one year or more. The notice shall be forwarded to the
property address and owner as the same appears on the records of the
Tax Assessor of the Borough of Maywood and a copy of same shall be
provided to the owner, agent or contractor which secured construction
permits.
C. Substantial completion. Notwithstanding the provisions of the Uniform
Construction Code, exterior construction must be substantially complete
within one year of the issuance of construction permits. "Substantial
completion" shall be deemed to provide for the completion of major
elements of the exterior of the structure, modification, addition
or improvement, including roofing, siding, masonry, windows and doors.
D. Property maintenance during construction. All construction projects
that provide for construction which extends for more than one year
beyond the date of issuance of the initial construction permit shall
comply with the following:
(1) All property maintenance requirements of the 2015 International National
Property Maintenance Code shall apply notwithstanding the ongoing
nature of the construction.
(2) No construction materials may be stored outside. All construction
materials must be stored inside or stored in the rear yard, covered
at all times, and shall not be visible from the street.
(3) Construction debris must be stored in a manner which shall not be
visible from the street or from adjacent properties. All construction
debris must be placed in dumpsters or containers which must be removed
within 24 hours of placement.
(4) Pest control and extermination services must be provided at all times.
A service agreement with a licensed pest control company shall be
required and proof of same must be supplied to the Construction Official
as a further condition of all outstanding permits.
(5) All construction equipment and vehicles must be removed from the
property when not in use. No construction equipment or vehicles may
remain on site on Sundays or overnight.
E. Storage of materials/equipment. Notwithstanding the provisions of Subsection
D above, and commencing six months after issuance of the first construction permit, no construction equipment, vehicles, materials, tools or machinery may be stored or maintained, while not in use, in the front yard of any property which is the subject of construction. "Front yard" shall be defined in accordance with the Borough of Maywood Zoning Code.
F. Continuation of construction. It shall be the duty and responsibility
of the property owner and contractor to commence construction within
a reasonable period of time after issuance of permits and proceed
as expeditiously as possible to completion of construction. Construction
may not be suspended for a period of more than 30 days throughout
construction, including during the first year of construction. The
exterior of the premises shall be kept free of the following matter,
materials or conditions:
(1) Except in connection with the municipal collection of same, garbage
and all abandoned, discarded, useless for its intended purposes, and
unused solid waste matter or materials, including, by way of example
and not limitations, appliances, bedding, hot-water heaters, construction
materials, furniture, machinery and metal scrap;
(2) Structurally unsound, loose, dangerous, crumbling, missing, broken,
rotted or unsafe exterior portions of buildings or structures, including
but not limited to porches, landings, balconies, stairways, handrails,
steps, walls, overhangs, roofs, fences, supporting members, timber
abutments, fire escapes, signs, loose or crumbling bricks, stones,
mortar or plaster;
(3) Abandoned, uncovered or structurally unsound shafts, towers, television
antennas, satellite dish antennas, exterior cellar openings, basement
hatchways, foundations or excavations (as determined by the enforcement
officers hereinafter set forth);
(4) Structurally unsafe or unsound fences;
(5) Hidden or uncovered ground or surface hazards such as holes, depressions,
tree roots, sharp or jagged projections or obstructions in areas accessible
to the general public;
(6) Loose and overhanging objects, including but not limited to dead
trees or tree limbs, accumulations of ice or any object, natural or
man-made, which could threaten the health and safety of persons or
other similarly overhanging objects which by reason of their location
above ground level, constitute an actual hazard to persons or vehicles
in the vicinity thereof;
(7) Exterior surfaces or parts of buildings or structures containing
sharp, rough or projecting surfaces or objects which may cause a safety
hazard to persons coming in contact therewith in areas accessible
to the general public;
(8) Broken glass or windows; rotted or missing or substantially destroyed
window frames, exterior doors or other major exterior components of
buildings or structures;
(9) Automotive parts and lubricating oils;
(10)
Substantial peeling or flaking paint on two or more sides of
a structure or building, loose siding or insulation, shingles, shutters
and awnings; and
(11)
Exposed exterior surfaces remaining in a state of disrepair
for a period of more than 30 days, or incomplete exterior construction
which has been suspended for a period of more than 30 days.
G. Exemptions.
(1) State, county and local construction projects.
(2) Work being done by a not-for-profit organization with work being
done by volunteers or using donated material.
(3) Construction being undertaken under the control of a Planning or
Zoning Board resolution, which specifically indicates time limits
different from those contained within the Code.
(4) Construction done under multiple permits with different start dates.
H. Violations. Any person, persons or entity who shall violate any of
the provisions of this section or any other promulgated hereunder
shall, after a summons is issued under the terms hereof, upon conviction,
be punished as follows:
(1) For a first offense, by a fine not to exceed $500.
(2) For a second offense, by a fine not to exceed $ 1,000.
(3) For a third offense, or any subsequent offenses, by a fine not to
exceed $1,500.
(4) A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
(5) In addition to the monetary penalties set forth above, upon conviction,
the Court shall order that the violation be corrected within a reasonable
time as determined under the circumstances by the Court. If the order
is not complied with, the Borough may, without further notice, correct
the violation at the expense of the violator. If the violator does
not reimburse the Borough for the expense of correcting the violation,
such amount shall be certified to the Borough Tax Collector and shall
constitute a lien upon the subject premises.
(6) In addition, the Construction Official may, in his discretion, revoke
any open permits for failure to comply with the requirements of this
section.
(7) Violation of any of the provisions of this section and each day that
a summons is issued shall be deemed to be a separate and distinct
offense, which may be merged into one offense in the discretion of
the Court.
I. Enforcement. In addition to the enforcing agencies set forth in the
International Property Maintenance Code and other ordinance of the
Borough, the provisions of this ordinance may also be enforced by
the Police Department, the Bureau of Fire Code Enforcement and all
inspectors appointed within that Department.