These regulations shall be known as the "Property
Maintenance Code of the Borough of Chester, Morris County, New Jersey,"
hereinafter referred to as "this Code."
This code is to protect the public health, safety
and welfare in all existing structures, residential and nonresidential
and on all existing premises by establishing minimum requirements
and standards for premises, structures, buildings, equipment and facilities,
light, ventilation, space heating, sanitation, protection from the
elements, life safety, and safety from fire and other hazards and
for safe and sanitary maintenance; fixing the responsibility of owners,
operators and occupants; regulating the occupancy and use of existing
structures and premises; and providing for administration, enforcement
and penalties.
This code shall be construed liberally and justly
to insure public health, safety and welfare insofar as they are affected
by the continued use and maintenance of structures and premises. Existing
structures and premises that do not comply with these provisions shall
be altered or repaired to provide a minimum level of health and safety
as required herein.
The standards in this code shall be considered
part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provision of
this code and referenced standards, the provision of this code shall
apply.
The provision in this code shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers and agencies relating to the removal or demolition of any
buildings which are dangerous, unsafe and unsanitary.
All repairs, maintenance work, alterations or
installations, which are caused directly or indirectly by the enforcement
of this code, shall be executed and installed in a workmanlike manner.
A.
Validity. If any section, subsection, paragraph, sentence,
clause or phrase of this code shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this code, which shall continue in full force and effect, and to
this end the provisions of this code are hereby declared to be severable.
B.
Saving clause. This code shall not affect violations
of any other ordinance, code or regulation existing prior to the effective
date hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes and regulations in effect at the time the
violation was committed.
A.
Application of other codes. Any repairs or alterations
to structure, or changes of use therein, shall be done in accordance
with the procedure and provision of the building, plumbing, electrical,
and mechanical codes pursuant to the State Uniform Construction Code.[1] (N.J.S.A. 52:27D-119 et seq.).
B.
Other regulations. The provisions in this code shall
not be construed to prevent the enforcement of other ordinances or
regulations which prescribe standards other than those provided herein.
In the event of conflict, the most restrictive provision shall apply.
A.
Approved materials and equipment. All materials, equipment
and devices approved for use by the Code Official shall be constructed
and installed in accordance with such approval.
B.
Modifications. Where there are practical difficulties
involved in carrying out structural or mechanical provisions of this
code, the appeals board shall be permitted to vary or modify such
provision upon application of the owner or the owner's representative,
provided that the spirit and intent of the law shall be observed and
public welfare and safety assured.
C.
Records. The application for modification and the
final decision of the appeals board shall be in writing and shall
be officially recorded in the permanent records of the board.
D.
Research and investigations. The Code Official shall
require that sufficient technical data be submitted to substantiate
the proposed use of any material or assembly, and if it is determined
that the evidence submitted is satisfactory proof of performance for
the use intended, the Code Official shall approve the use of such
material or assembly, subject to the requirements of this code. The
cost of all tests, reports, and investigations required under these
provisions shall be paid by the applicant.
A.
General. The Code Official shall enforce all the provisions
of this code.
B.
Notices and orders. The Code Official shall issue
all necessary notices and orders to abate illegal or unsafe conditions
to insure compliance with the requirements of this code for the safety,
health, and general welfare of the public.
C.
Inspections. In order to safeguard the safety, health
and welfare of the public, the Code Official is authorized to enter
any structure or premises at any reasonable time for the purpose of
making inspections and performing duties under this code.
D.
Right of entry. If any owner occupant or other person
in charge of a structure subject to the provisions of this code refuses,
impedes, inhibits, interferes with, restricts, or obstructs entry
and free access to any part of the structure or premises where inspection
authorized by this code is sought, the administrative authority shall
be permitted to seek, in a court of competent jurisdiction, an order
that such owner, occupant or other person in charge cease and desist
with such inferences.
E.
Credentials. The Code Official and authorized representatives
shall carry proper credentials of their respective office for the
purpose of inspecting any and all buildings and premises in the performance
of duties under this code.
F.
Coordination of enforcement. Inspection of premises,
the issuance of notices and orders and enforcement thereof shall be
the responsibility of the Code Official so charged by the jurisdiction.
Whenever inspections are necessary by any other department, the Code
Official shall make reasonable effort to arrange for the coordination
of such inspections so as to minimize the number of visits by inspectors,
and to confer with the other departments for the purpose of eliminating
conflicting orders before any are issued. A department shall not,
however, delay the issuance of any emergency orders.
G.
Rule-making authority. The Code Official shall have
powers to adopt and promulgate rules and regulations to interpret
and implement the provisions of this code to secure the intent thereof
and to designate requirements applicable because of local climatic
or other conditions; but such rules shall not have the effect of waiving
working stresses or fire protection requirements specifically provided
in this code or violating an accepted engineering practice involving
public safety.
H.
Organization. The Code Official shall appoint such
number of officers, technical assistants, inspectors and other employees
as shall be necessary for the administration of this code and as authorized
by the Borough of Chester. The Code Official is authorized to designate
an employee as a deputy, who shall exercise all the powers of the
Code Official during the temporary absence or disability of the Code
Official.
I.
Relief from personal liability. Any Code Official,
officer or employee who acts in good faith in the discharge of duties
of enforcement of this code is relieved of all personal liability
for any damage accruing to persons or property as a result of such
acts or alleged failure to act. Further, the Code Official shall not
be held liable for any costs in any action, suit or proceeding that
is instituted by the Code Official in the enforcement of this code.
In any of these actions, the official or employee shall be defended
or represented by the Borough of Chester's attorney at law until the
final termination of the proceedings.
J.
Official records. An official record shall be kept
of all business and activities of the department specified in the
provision of this code, and all such records shall be open to public
inspection at all appropriate times and under reasonable regulation
to maintain the integrity and security of such records.
A.
General. When a structure or part thereof is found
by the Code Official to be unsafe, or when a structure or part thereof
is found unfit for human occupancy or use, or is found unlawful, such
structure shall be condemned pursuant to the provisions of this code
and shall be placarded, vacated and shall not be reoccupied without
approval of the Code Official. Unsafe equipment shall be placarded
and placed out of service.
B.
Unsafe structures. An unsafe structure is one in which
all or part thereof is found to be dangerous to life, health, property
or the safety of the public or the occupants of the structure by not
providing minimum safeguards for protection from fire or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation
that partial or complete collapse is likely.
C.
Unsafe equipment. Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers of other equipment on the premises
or within the structure which is in such disrepair or condition that
such equipment is a hazard to life, health, property or safety of
the public or occupants of the premises of structure.
D.
Structure unfit for human occupancy. A structure is
unfit for human occupancy or use whenever the Code Official finds
that such structure is unsafe, unlawful, or because of the degree
in which the structure is in disrepair, or lacks maintenance, is unsanitary,
vermin- or rat-infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this code, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
E.
Unlawful structure. An unlawful structure is one found
in whole or in part to be occupied by more people than permitted under
this code, or was erected, altered or occupied contrary to law.
F.
Closing of vacant structures. If the structure or
part thereof is vacant and unfit for human habitations, occupancy
or use and is not in danger of structural collapse, the Code Official
shall be permitted to post a placard of condemnation on the premises
and order the structure closed up so as not to be an attractive nuisance
to youngsters. Upon failure of the owner to close up the premises
within the time specified in the order, the Code Official shall cause
the premises to be closed through any available public agency or by
contract or arrangement by private persons and the cost thereof shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
A.
Notice to owner or to person or persons responsible.
(1)
Whenever the Code Official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred or whenever the Code Official has condemned any structure or equipment under the provision of § 183-11, notice shall be given to the owner of the person or persons responsible therefor in the manner prescribed below. If the Code Official has condemned the property or part thereof, the Code Official shall give notice to the owner and to the occupants of the intent to placard and to vacate the property or to order equipment out of service.
(2)
No notice required. The Code Official, on discovery
of a violation of any section of this code, may immediately issue
a summons answerable in municipal court to any person, firm or corporation
who shall violate any of the above-named sections. For each and every
violation of the above-named sections, separate summons may be issued.
B.
Form of such notice prescribed in § 183-12A shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient
for identification;
(3)
Include a statement of the reason or reasons why the
notice is being issued;
(4)
Include a correction order allowing a reasonable time
for the repairs and improvement required to bring the dwelling unit
or structure into compliance with the provisions of this code; and
(5)
Include an explanation of the owner's rights to seek
modification or withdrawal of the notice by petition to an appeal
board or appropriate review board.
C.
Service. Such service shall be deemed to be properly
served upon such owner if a copy thereof is delivered to the owner
personally; or by leaving the notice at the usual place of abode,
in the presence of someone in the family of suitable age and discretion
who shall be informed of the contents thereof; or by certified or
registered mail addressed to the owner at the last known address with
return receipt requested; or if the certified or registered letter
is returned with receipt showing that the letter has not been delivered,
by posting a copy thereof in a conspicuous place in or about the structure
affected by such notice; and at least one publication of such notice
in a local newspaper of general circulation.
D.
Service on occupant. When a condemnation order is
served on an occupant other than the owner or person responsible for
such compliance, a reasonable time to vacate the property after noncompliance
shall be stated. Owners or person responsible for compliance shall
vacate at the time set for correction of defects if there is failure
to comply.
E.
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 183-18B.
F.
Transfer of ownership. It shall be unlawful for the
owner of any dwelling unit or structure who has received a compliance
order or upon whom a notice of violation has been served to sell,
transfer, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with or until such owner shall first furnish to the Code Official
a signed and notarized statement from the grantee, transferee or lessee,
acknowledging the receipt of such compliance order or notice of violation
and fully accepting the responsibility without condition for making
the corrections or repairs required by such compliance order or notice
of violation.
A.
Placarding of structure. After the condemnation notice
required under the provision of this code has resulted in an order
by virtue of failure to comply within the time given, the Code Official
shall post on the premises or structure or parts thereof, or on defective
equipment, a placard bearing the words: "condemned as unfit for human
occupancy use," and a statement of the penalties provided for any
occupancy or use or for removing the placard. The owner or the person
or persons responsible for the correction of violation shall have
removed themselves from the property on failure to comply with the
correction order in the time specified, but other occupants may be
given a reasonable time thereafter to vacate.
B.
Prohibited use. Any person who shall occupy a placarded
premises or structure or part thereof, or shall use placarded equipment,
and any owner or any person responsible for the premises who shall
let anyone occupy a placarded premises shall be liable for the penalties
provided by this code.
C.
Removal of placard. The Code Official shall remove
the condemnation placard whenever the defect or defects upon which
the condemnation and placarding action were based have been eliminated.
Any person who defaces or removes a condemnation placard without the
approval of the Code Official shall be subject to the penalties provided
by this code.
A.
Vacating structures. When in the opinion of the Code
Official there is actual and immediate danger of failure or collapse
of a structure which would endanger life or when any structure has
fallen and life is endangered by the occupancy of the structure or
when there is actual or potential danger to the building occupants
or those in proximity of any structure because of explosives, explosive
fumes or vapors of the presence of toxic fumes gases or materials
or use of defective or dangerous equipment, the Code Official is hereby
authorized and empowered to order and require the occupants to vacate
the premises forthwith. He shall cause to be posted at the main entrance
to such structure a notice reading as follows; "This structure is
unsafe and its use or occupancy has been prohibited by the Code Official."
It shall be unlawful for any person to enter such structure except
for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or of demolishing the structure.
B.
Temporary safeguards. Notwithstanding the other provision
of this code, whenever in the opinion of the Code Official there is
actual and immediate danger of collapse or failure of a structure
or other hazardous conditions which would endanger life, the Code
Official shall order the necessary work to be done including the boarding
up of accessible openings to render such structure temporarily safe
and shall cause such other action to be taken as the Code Official
deems necessary to meet such emergency.
C.
Closing streets. When necessary for the public safety,
the Code Official shall temporarily close sidewalks, streets, places
and premises adjacent to such unsafe structure and prohibit the same
from being used.
D.
Emergency work. For the purposes of this section,
the Code Official shall employ the necessary labor and materials to
perform the required work as expeditiously as possible.
E.
Cost of emergency work. Costs incurred in the performance
of emergency work shall be paid from the treasury of the jurisdiction
on certificate of the Code Official. The legal counsel of the Borough
of Chester shall institute appropriate action against the owner of
the premises where the unsafe structure is or was located for the
recovery of such costs.
F.
Hearing. Any person ordered to take emergency measures
shall comply with such order forthwith. Any affected person shall
thereafter, upon petition directed to the appeals board, be afforded
a hearing as described in this code.
[Amended 5-19-2003 by Ord. No. 2003-8; 12-2-2003 by Ord. No.
2003-21; 8-4-2009 by Ord. No. 2009-11]
A.
Certificate of compliance. No owner, agent or any
person shall rent or lease or sell, or in any way deliver up for use
or occupancy, any residential unit, dwelling unit, or lodging unit,
including single-family homes, until a certificate of compliance has
been issued by the Construction Code Official or Zoning Officer.
B.
Annual fee. The certificate of compliance shall be
issued annually after a satisfactory inspection has been completed.
The fee for an inspecton shall be $25.
A.
General. The Code Official may order the owner of
any premises, upon which is located any structure, or part thereof,
which in the Code Official's judgment is old and dilapidated, or has
become so out of repair as to be dangerous, unsafe, unsanitary or
otherwise unfit for human habitation, occupancy, or use, and that
such structure would be unreasonable to repair, such property to be
demolished. If any structure or part thereof can be made safe by repair,
it shall be repaired and made safe and sanitary. Where there has been
a cessation of normal construction of any structure for a period of
more than two years, the Code Official may order to raze and remove
such structure or part thereof. The Historic Preservation committee
shall be consulted before any action be taken to demolish any building.
B.
Unreasonable repairs. Whenever the Code Official determines
that the cost of such repairs would exceed 100% of the current value
of such structure, such repairs maybe presumed unreasonable and it
may be presumed for the purpose of this section that such structure
is a public nuisance which may be ordered razed without option on
the part of the owner to repair.
C.
Order. The order shall specify a time in which the
owner shall comply herewith and specify repairs, if any. The order
shall be served on the owner of record or an agent, where an agent
is in charge of the building and upon the holder of any encumbrance
of record in the manner provided for service of a summons by a court
of record. If the owner or a holder of an encumbrance of record cannot
be found, the order shall be secured by being posted on the main entrance
of the building and published once each week for three successive
weeks in a newspaper authorized to provide service by publication.
D.
Failure to comply. Whenever the owner of a property
fails to comply with a demolition order within the time prescribed,
the Code Official shall cause the structure or part thereof to be
razed and removed either through an available public agency or by
contract of arrangement with private persons, and the cost of such
razing and removal shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate.
E.
Salvage materials. When any structure has been ordered
razed and removed, the governing body or other designated officer
under said contract or arrangement aforesaid shall have the right
to sell the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale after deducting the expenses of such
razing and removal shall be promptly remitted with a report of such
sale or transaction, including the terms of expense and the amounts
deducted for the use of the person who is entitled thereto, subject
to any order of a court. If such a surplus does not remain to be turned
over, the report shall so state.
A.
Petition. Any person affected by the notice which
has been issued in connection with the enforcement of any provision
of this code, or of any rule or regulation adopted pursuant thereto,
shall have the right to request and shall be granted a hearing on
the matter before the board; provided that such person shall file
in the office of the board a written petition requesting such hearing
and containing a statement of the grounds therefor within 20 days
after the day the notice is served.
B.
Appeals Board. There shall be and is hereby created
a code appeals board, hereafter referred to as "the board," consisting
of the Mayor and two members from the Council of the Borough of Chester.
C.
Vote. The board shall hear all appeals relative to
the enforcement of the code, and by a concurring vote of the majority
of its members, shall reverse or affirm wholly or partly or modify
the decision appealed from and shall make such order or determination
as in the opinion of the board ought to be made. Failure to secure
such concurring votes shall be deemed a confirmation of the decision
of the Code Official.
D.
Financial interest. A member of the board shall not
participate in any hearings or vote on any appeal in which that member
has a direct or indirect financial interest, or is engaged as a contractor
or is engaged in the preparation of plans and specification or in
which that member has any personal interest or family interest.
E.
Records. The secretary of the board shall keep a record
of each meeting so that the record shows clearly the basis for each
decision made by the board.
A.
Unlawful acts. It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove,
demolish, maintain, fail to maintain, provide, fail to provide, use
or occupy, let to another for use or occupy or permit another person
to use or occupy any structure or equipment regulated by this code,
or cause same to be done, contrary to or in conflict with or in violation
of any of the provision of this code, or to fail to obey a lawful
order of the Code Official, or to remove or deface a placard or notice
posted under the provisions of this code.
B.
Penalty. Any person, firm or corporation who shall
violate any provision of this code shall, upon conviction thereof,
be subject to a fine of not less that $50 nor more than $1,000 or
imprisonment for a term not to exceed 90 days, or both, at the discretion
of the court. Each day that a violation continues after due notice
has been served in accordance with the terms and provisions hereof
shall be deemed a separate offense.
C.
Prosecution. In case of any unlawful acts the Code
Official shall institute an appropriate action or proceeding at law
to exact the penalty provided herein.
D.
Also, the Code Official may ask the jurisdiction's
legal representative to proceed at law or in equity against the person
responsible for the violation for the purpose to order that person:
(1)
To restrain, correct or remove the violation or refrain
from any execution of work;
(2)
To restrain or correct the erection, installation,
maintenance, repair or alteration of such structure; and
(3)
To require the removal of work in violation, or to
prevent the occupation or use of the structure, which is not in compliance
with the provision of this code.
