[Adopted 4-13-1998 by Ord. No. 1998-6 (Ch. 53A of the 1971
Code)]
The BOCA National Property Maintenance Code, Fifth Edition, 1996, as published by the Building Officials and Code Administrators International, Inc., is hereby adopted as the Property Maintenance Code of the Borough of Palmyra in the State of New Jersey for the control of buildings and structures as herein provided, and each and all regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes prescribed in § 203-2 of this article. Three copies of the BOCA National Property Maintenance Code, Fifth Edition, 1996, are on file in the office of the Clerk of the Borough of Palmyra.
The BOCA National Property Maintenance Code
is amended and revised in the following respects:
A.
Chapter 1, Administration.
(1)
Section PM-101.1, Title (page 1, line 2). Insert:
"Borough of Palmyra, New Jersey."
(2)
Section PM-101.1.1, Purpose (page 1), is hereby added
as follows:
PM.1.1 Purpose: This code applies
primarily to the exterior property and exterior of buildings that
present hazardous, unsafe, unsanitary or blighting conditions. This
code attempts to address the deficiencies of the old ordinance in
responding to the complaints of local residents who find their neighborhoods
threatened by properties or buildings that are dangerous, may provide
rat harborage and have not been cared for by the property owner. These
conditions would typically result from long-standing, intentional
neglect by landlords or property owners. This code establishes minimum
standards to protect the health, safety and welfare of the residential
and business community through delineation of the conditions that
create a public nuisance.
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(3)
Section PM-101.1.2, Adoption (page 1), is hereby added
as follows:
PM-101.1.2 Adoption: This code
has been adopted by the Borough of Palmyra via Ordinance No. 1998-6.
Any amendments, revisions or other changes shall be done in accordance
will all state and local laws.
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(4)
Section PM-101.7, Application of other codes (page
1, line 5). Add: ", and in accordance with the procedures and provisions
pursuant to the New Jersey Uniform Construction Code."
(5)
Section PM-101.7.1, Conflicts (page 1), is hereby
added as follows:
PM-101.7.1 Conflicts: This code
is intended to work in conjunction with existing Borough building
and firesafety ordinances, and if it conflicts with any existing ordinances,
the more stringent requirements shall apply.
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(6)
Section PM-105.1, General (page 2, line 1). Delete
in its entirety and replace with:
PM-105.1 General: The Code Enforcement
Officer (herein referred to as "code official"), and other duly authorized
Borough of Palmyra officials as appointed by the Mayor with the advice
and consent of Borough Council, shall enforce all of the provisions
of this code.
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(7)
Section PM-105.8, Organization (page 2, line 7). Add:
"The appointing authority shall consist of the Mayor with the advice
and consent of Borough Council."
(8)
Section PM-105.10, Relief from personal responsibility
(page 2, line 18). Add: "The official shall be afforded all the rights
and protections afforded under Title 59 of the New Jersey statutes."
(9)
Section PM-106.1, Unlawful acts (page 2, line 2).
Add: "It shall be unlawful for any person, firm or corporation to
create or maintain a public nuisance as defined within or erect ..."
(10)
Section PM-106.2, Penalty (page 2, line 3).
Insert: "not less than $50 nor more than $1,000 or."
(11)
Section PM-106.2, Penalty (page 2, line 4).
Insert: "imprisonment for a term not to exceed 10 days."
(12)
Section PM-106.4, Payments (page 3), is hereby
added as follows:
PM-106.4 Payments: Penalties shall
be paid directly to the Borough of Palmyra and applied to the general
fund.
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(13)
Section PM-107.2, Form (page 3). Add: "'Reasonable
time' is defined as two weeks or 10 business days for vegetation and
motor vehicle issues and 30 days for other violations unless otherwise
noted. Emergency measures and remedies are not part of this section.
See Section PM-109.0, Emergency Measures.
"5.
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Include possible penalties and payment procedures;
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"6.
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Include appeal procedures; and
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"7.
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Include the signature of the code officer filing
the complaint."
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(14)
Section PM-111.2 through Section PM-111.7 (pages
4 and 5). Delete in their entirety and replace with the Borough's
current appeal process as administered by the county.
B.
Chapter 2, Definitions.
(1)
Section PM-202.0, General Definitions. Under the definition
of "dwellings" (page 7) add:
Boardinghouse: A building arranged
or used for lodging for compensation, with or without meals, and not
to be occupied as a single-family unit.
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Motel: A hotel as defined in this
code.
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Multiple-family dwelling: A building
or portion thereof containing more than two dwelling units and not
meeting the requirements for a multiple single-family unit.
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Multiple single-family dwelling: A building or portion thereof containing more than two dwelling
units.
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(2)
Section PM-202.0, General Definitions (page 8). Add:
Motor vehicles: Including but not
limited to automobiles, cars, trucks, motorcycles, buses, campers,
trailers and boats.
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C.
Chapter 3, General Requirements.
(1)
Section PM-302.1, General, definition of "occupant"
(page 9), amend to read as follows:
Occupant: Any person five years
of age or older who is living or sleeping in a building or having
possession of a space within a building.
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(2)
Section PM-302.1, General, definition of "premises"
(page 9, line 2). Add: ", regardless of zoning, be it residential,
commercial or industrial, or any combination thereof."
(3)
Section PM-302.1, General, definition of "public nuisance"
(page 9, line 27). Add:
9.
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Any unregistered, unlicensed, uninsured, uninspected
or abandoned motor vehicle, including but not limited to cars, trucks,
buses, campers, trailers, boats and motorcycles, or any motor vehicle
engine, body or replacement part, parked, kept or stored on any premises,
public street or Borough-owned property.
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10.
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Any motor vehicle, including but not limited
to cars, trucks, campers, trailers, buses, boats and motorcycles,
or any motor vehicle engine, body or replacement part, parked, kept
or stored on Borough-owned property without first receiving the Mayor's
written authorization, with the advice and consent of Borough Council.
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11.
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Any stagnant, standing or impounded surface
water which exists for more than 48 hours.
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12.
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Any premises or structure thereon which directs
water from the premises onto an adjacent premises and creates a nuisance
thereon or creates erosion on the existing premises or adjacent premises.
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(4)
Section PM-303.4, Weeds (page 10, lines 2 and 3).
Replace: "10 inches (254 mm)" with "six inches (152.4 mm)."
(5)
Section PM-303.5.1, Storage of wood (page 10), is
hereby added as follows:
Section PM-303.5.1 Storage of wood: All woodpiles, including firewood, which are stored outdoors should
be stored on platforms at least eight inches above ground level.
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(6)
Section PM-303.8, Motor vehicles (page 10, lines 1
through 10). Delete in its entirety [see Subsection B(11)]. Replace
with Section PM-308.0, Motor Vehicles.
(7)
Section PM-303.9, Signs (page 10), is hereby added
as follows:
PM-303.9 Signs: All signs of a
temporary nature must be erected or posted no sooner than 21 days
prior to the event and removed no later than two days after the event.
In no case will any temporary sign be permitted to be posted or erected
for more than 23 days. All signs must contain an address and name
of the individual or entity responsible for the placement and removal
of the sign.
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Excluded: Real estate broker or realtor signs
and "for sale by owner" (for buildings only) signs. Also, political
signs, provided that they are removed within 10 days following the
election.
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(8)
Section PM-304.15, Insect screens (page 11, lines
1 and 2). Insert: "During the period date from January 1 to December
31."
(9)
Section PM-304.19, Graffiti (page 11) is here added
as follows:
PM-304-19 Graffiti: Graffiti caused
by any person upon the structure of any building shall be removed
by the owner of that building within seven days.
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(10)
Section PM-306.3.2, Containers (page 11, line
5). Add "In addition, each retail sales-oriented commercial establishment
shall provide, outside the structure and near the primary entrance,
a container as described above.
(11)
Section PM-308.0, Motor Vehicles (page 12),
is hereby added as follows:
Section PM-308.0 Motor Vehicles
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PM-308.1 Vehicles not permitted: Any unregistered, unlicensed, uninsured, uninspected or abandoned
motor vehicle, or any motor vehicle engine, body or replacement part,
parked, kept or stored on any premises, public street or Borough-owned
property, whether covered by tarpaulin or not, shall not be permitted
and must be removed or properly registered, insured, licensed and
inspected, and no vehicle shall at any time be in a state of major
disassembly, disrepair or in the process of being stripped or dismantled.
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Exceptions:
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(a)
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Motor vehicles of any type may be parked, kept
or stored in garages or similarly enclosed structures or areas and
must be out of public view.
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(b)
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A motor vehicle of any type is permitted to
undergo major overhaul, including bodywork, provided that such work
is performed inside a garage or similarly enclosed structure or area
designed and approved for such purposes.
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(c)
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One unregistered, unlicensed, uninsured or uninspected
vehicle per premises may be situated in the rear of the premises,
outside garage or similarly enclosed structure or area designated
and approved for such purposes of restoration or maintenance for a
maximum of 90 days, provided that the vehicle owner first receives
a temporary permit, available from the code official at a cost of
$25. This permit will be renewable one time.
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PM-308.2 Parking on Borough property: No motor vehicle shall be parked on Borough-owned property without
first receiving the Mayor's approval, with the advice and consent
of Borough Council. Any vehicle parked in violation of this provision
will be removed at the owner's expense. This provision shall not be
applied to vehicles parked in the Borough parking lot while the driver
of the vehicle is conducting business with the Borough.
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D.
Chapter 4, Light, Ventilation and Occupancy Limitations.
(1)
Section PM-403.1, Habitable spaces (page 13). Add:
"The habitable space window requirements shall not apply to existing
structures."
(2)
Section PM-404.1, Habitable spaces (page 13). Add:
"The habitable space window requirements shall not be required of
existing structures."
(3)
Section PM-405.5, Overcrowding, Table PM-405.5, Minimum
Area Requirements (page 14), is amended as follows:
Table PM-405.5
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Minimum Area Requirements
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Space
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Minimum Area in Square Feetb
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1 to 2 Occupants
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3 to 5 Occupants
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6 or More
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Living rooma
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No requirements
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100
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135
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Dining rooma
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No requirements
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70
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90
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Kitchen
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45
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45
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50
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Bedrooms
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Shall comply with Section PM-405.3
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NOTES:
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a See Section PM-405.6
for combined living room/dining room spaces.
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bOne square foot
= 0.093 m2.
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(4)
Section PM-405.8, Minimum ceiling heights, exceptions
(page 14). Add:
4.
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This provision shall not apply to existing
structures' ceiling heights at the time of adoption of this code.
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(5)
Section PM-405.9, Minimum room widths (page 14). Add:
"This provision shall not apply to existing structures' room widths
at the time of adoption of this code."
E.
Chapter 6, Mechanical and Electrical Requirements.
(1)
Section PM-602-2.1, Heat supply (page 17, line 5).
Insert: "January 1 to December 31."
(2)
Section PM-602.3, Nonresidential structures (page
17, line 3). Insert: "January 1 to December 31."
(3)
Section PM-605.2, Receptacles (page 18). Add: "This
provision shall not apply to existing structures at the time of adoption
of this code."
F.
Chapter 7, Fire Safety Requirements. Section PM-702.3,
Number of exits (page 19), add: "This provision shall not apply to
existing structures at the time of adoption of this code."