As used in this article, the following terms shall have the
meanings indicated:
COMMERCIAL OR INDUSTRIAL PREMISES
A lot, plot, parcel or tract of land, vacant or occupied,
including the building or structures thereon, on any part of which
commercial or industrial activity of any kind may take place in the
Borough of Metuchen. For purposes of this code, this activity is defined
as all commercial and industrial uses permitted or allowed by prior
nonconforming uses, including but not limited to retail sales, professional
activities, office uses, personal services, warehouse, research and
manufacturing. Any apartments or other residences above or within
a commercial or industrial structure shall be included within the
scope and coverage of this code.
EXTERIOR OF PREMISES
The exterior facades or external portions of a building and
the remainder of the lot or property outside of any building erected
thereon which is exposed to view from a public right-of-way and/or
an adjacent or nearby property.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitutes a health hazard as certified by the
Borough Health Officer.
NUISANCE
A.
Any physical condition or use of any premises regarded as a
nuisance at common law or as provided by the laws of the State of
New Jersey or other ordinances of the Borough of Metuchen.
B.
Any attractive nuisance which may prove detrimental to the health
or safety of children whether located in a building or on a lot, including
but not limited to the following: excavations and other earthworks,
shafts or structurally unsound fences or structures.
C.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
D.
Any premises which has unsanitary sewerage or plumbing facilities.
E.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings or whatever creates an unreasonable
hazard through odor or noise so as to deprive adjacent owners of the
quiet enjoyment of their property.
F.
Any premises which is manifestly capable of being a fire hazard
or is manifestly unsafe or unsecure as to endanger life, limb or nearby
property.
G.
Any premises which is unsanitary or which is littered with accumulated
rubbish or garbage or which has an uncontrolled growth of weeds.
OCCUPANT
A person in actual possession of any commercial or industrial
premises or any part thereof.
OPERATOR
A person who has charge, care or control of commercial or
industrial premises, or any part thereof, whether with or without
the consent of the owner.
OWNER
Any person who, alone or jointly with others, has legal or
equitable title to any commercial or industrial premises, with or
without accompanying actual possession, or has charge, care or control
of any commercial or industrial premises as owner or as fiduciary,
including but not limited to an executor, executrix, administrator,
administratrix, trustee, receiver or guardian of an estate, or as
a mortgagee in possession, regardless of how such possession was obtained.
Any person who is a lessee, subletting or reassigning any part or
all of a commercial or industrial premises, shall be deemed to have
joint responsibility as if he or she were an owner over the portion
of the premises sublet or assigned.
WORKMANLIKE
Maintenance or repair work that has been performed in a reasonably
skillful manner.
[Amended 6-26-2023 by Ord. No. 2023-20
All buildings and premises subject to this code are subject
to inspection from time to time by the Construction Code Official,
Zoning Officer, Enforcement Officer, Director of Public Works, Health
Officer, Police Department, their respective designees, or any other
official charged with the duty of enforcing regulations governing
any aspect or conduct of the activity on the premises. At the time
of such inspection, all portions of the premises subject to this code
must be available and accessible for such inspection, and the owner,
operator and occupant are required to provide the necessary arrangements
to facilitate such inspection. Such inspection shall be made during
regular business hours of the business occupying said premises, unless
there is sufficient reason to believe a violation exists of a character
which is an immediate threat to health or safety requiring inspection
and abatement without delay.
Where it is necessary to make an inspection to enforce the provisions
of this chapter, or whenever the inspecting official has reasonable
cause to believe that there exists in a structure or upon a premises
a condition in violation of this code. the official is authorized
to enter the structure or premises at reasonable times to inspect
or enforce the requirements of this chapter, provided that if such
structure or premises is occupied the official shall present credentials
to the occupant and request entry. If such structure or premises is
unoccupied, the official shall first make a reasonable effort to locate
the owner or other person having charge or control of the structure
or premises and request entry. If entry is refused, whether occupied
or not, the official shall obtain a proper warrant or have other recourse
to the remedies provided by law to secure entry.
[Amended 6-26-2023 by Ord. No. 2023-20
A. Immediate abatement. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb or presents an immediate threat to the health, safety and welfare of the occupants, invitees, adjoining property owners or the general public, unless abated without delay, the Construction Code Official, Zoning Officer, Enforcement Officer, Director of Public Works, Health Officer, Police Department, or their respective designees may order the owner, operator or occupant to correct the violation or condition within the period of time consistent with the hazard involved and with the measures necessary to remove the hazard, and, upon the failure of the operator, owner or occupant to correct said condition, the Construction Code Official, Zoning Officer, Enforcement Officer, Director of Public Works, Health Officer, Police Department, or their respective designees shall issue a summons forthwith and shall cause said condition to be immediately abated thereafter as prescribed in Subsection
I below.
B. Procedure upon discovery of violations. Except as otherwise provided in Subsection
A above, where violations of this code or the regulations hereunder are found to exist, a written notice from the Construction Code Official, Zoning Officer, Enforcement Officer, Director of Public Works, Health Officer, or their respective designees shall be served on the person or persons responsible for the correction thereof.
C. Notice. Notice shall be served personally or by certified mail, addressed
to the last-known address of the person to be served. In the case
of an occupant, notice may be posted upon the main entrance door of
the building, and in the case of an owner, the last-known address
shall be the address of the owner as shown in the records of the office
of the Tax Collector.
D. Contents of notice. The notice shall specify the violation or violations
committed, what must be done to correct the same, a reasonable period
of time, not to exceed 30 days, to abate the violation, the right
of the person served to request a hearing and that the notice shall
become an order of the Construction Code Official, Zoning Officer,
Enforcement Officer, Director of Public Works, Health Officer, or
their respective designees in 10 days after service unless a hearing
is requested pursuant to these provisions.
E. Request for hearing. Within 10 days of the date of service of a notice,
the notice shall constitute a final order unless any person affected
by the notice requests a hearing thereon by serving a written request
within the ten-day period in person or by certified mail on the Construction
Code Official, Zoning Officer, Enforcement Officer, Director of Public
Works, Health Officer, or their respective designees. Such request
for a hearing shall set forth briefly the reasons for which the request
for a hearing is made and the factual matters contained in the notice
of violation for which the hearing is requested. The Construction
Code Official, Zoning Officer, Enforcement Officer, Director of Public
Works, Health Officer, or their respective designees upon receipt
of the request for hearing, shall, within 30 days therefrom and upon
five days notice to the parties so requesting, conduct a hearing.
F. Hearings and orders. At the hearing provided hereunder, the Construction
Code Official, Zoning Officer, Enforcement Officer, Director of Public
Works, Health Officer, or their respective designees shall hear all
parties and his or her final determination shall be made within 10
days from the completion of the hearing. He or she shall then issue
an order incorporating the determinations and directions contained
in the notice, modifying said notice if he or she so deems necessary.
The Construction Code Official, Zoning Officer, Enforcement Officer,
Director of Public Works, Health Officer, or their respective designees
may extend the time for correction of the violations when deemed by
him or her to be necessary.
G. Summons for unabated violation. In the event the violation is not abated, removed, cured or otherwise fully remedied within the time period prescribed in the initial notice or extended time period as permitted by the Construction Code Official, Zoning Officer, Enforcement Officer, Director of Public Works, Health Officer, or their respective designees, a summons shall then be issued against such person or persons charged with the violation. A summons may also be issued without initial written notice in the circumstances described in §
140-6A.
H. In addition to the issuance of summons for an unabated violation,
and where it shall be necessary and expedient for the preservation
of the public health, safety, general welfare or to eliminate a fire
hazard, and upon the certification of the Health Officer, Fire Official
and/or the Borough Engineer and after the approval of the Borough
Administrator, the Construction Code Official, Zoning Officer, Enforcement
Officer, Director of Public Works, Health Officer, or their respective
designees may provide for the removal of or destruction of overgrown
brush, weeds, including ragweed, dead or dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash, debris as permitted by N.J.S.A.
40:48-2.13 and N.J.S.A. 40:48-2.13a.
I. In the event that the immediate abatement is necessary pursuant to Subsection
A hereof, or that brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth garbage trash, debris are sought to be removed or destroyed pursuant to Subsection
H herein, the officer of the municipality or their respective designee seeking such removal and the Borough Administrator shall obtain and certify the costs thereof to the Mayor and Borough Council, who shall examine the certificate, and if found to be correct and appropriate shall authorize and direct by way of resolution the removal and/or destruction and to direct the costs as shown thereon to be charged against said dwelling or lands and the amounts so charged shall forthwith become a lien upon such property or lands and shall be added to and become part of the taxes next to be assessed and levied upon such property or lands, the same to bear interest at the same rate as taxes. A copy of the resolution authorizing and directing the removal and the costs and expenses to be charged shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection thereof, with a copy of the report and resolution sent by certified mail to the owner, operator and/or occupant of the premises. If the amount of the lien is not paid, the Tax Collector may sell the unpaid municipal lien at the next tax sale. Notwithstanding anything to the contrary contained herein, nothing shall prevent the Borough from simultaneously proceeding to collect these costs and expenses, as well as to impose fines and penalties upon the owner, operator and occupant by commencing and continuing a proceeding in the Municipal Court of the Borough against those responsible for noncompliance with this code.
Any person who shall violate any of the provisions of this article
or any order promulgated hereunder shall, upon conviction, be punished
by at least a minimum fine of $100 and a maximum fine not exceeding
$2,000, imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by the Municipal Court Judge.
Each day on which a violation of an ordinance exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.
[Amended 6-26-2023 by Ord. No. 2023-20]
All buildings and premises subject to this code are subject
to inspection from time to time by the Construction Code Official,
Zoning Officer, Enforcement Officer, Director of Public Works, Health
Officer, Police Department, their respective designees or any other
official charged with the duty of enforcing regulations governing
the premises. At the time of such inspection, all portions of the
premises subject to this code must be available and accessible for
such inspection, and the owner and occupant are required to provide
the necessary arrangements to facilitate such inspection. Such inspection
shall be made during regular business hours, unless there is sufficient
reason to believe a violation exists of a character which is an immediate
threat to health or safety requiring inspection and abatement without
delay.
Where it is necessary to make an inspection to enforce the provisions
of this chapter, or whenever the inspecting official has reasonable
cause to believe that there exists in a structure or upon a premises
a condition in violation of this code, the official is authorized
to enter the structure or premises at reasonable times to inspect
or enforce the requirements of this chapter, provided that if such
structure or premises is occupied the official shall present credentials
to the occupant and request entry. If such structure or premises is
unoccupied, the official shall first make a reasonable effort to locate
the owner or other person having charge or control of the structure
or premises and request entry. If entry is refused, whether occupied
or not, the official shall obtain a proper warrant or have other recourse
to the remedies provided by law to secure entry.
[Amended 6-26-2023 by Ord. No. 2023-20]
A. Immediate abatement. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb or presents an immediate threat to the health, safety and welfare of the occupants, adjoining property owners and/or the general public unless abated without delay, the Construction Code Official, Zoning Officer, Enforcement Officer, Director of Public Works, Health Officer, Police Department, or their respective designees may order the owner, operator or occupant to correct the violation or condition within the period of time consistent with the hazard involved and with the measures necessary to remove the hazard, and, upon the failure of the owner or occupant to correct said condition, the Construction Code Official, Zoning Officer, Enforcement Officer, Director of Public Works, Health Officer, or their respective designees shall issue a summons forthwith and shall cause said condition to be immediately abated thereafter as prescribed in Subsection
I below.
B. Procedure upon discovery of violations. Except as otherwise provided in Subsection
A above, where violations of this code or the regulations hereunder are found to exist, a written notice from the Construction Code Official, Zoning Officer, Enforcement Officer, Director of Public Works, Health Officer, or their respective designees shall be served on the person or persons responsible for the correction thereof.
C. Notice. Notice shall be served personally or by certified mail, addressed
to the last-known address of the person to be served. In the case
of an occupant, notice may be posted upon the entrance door of the
dwelling, and in the case of an owner, the last-known address shall
be the address of the owner as shown in the records of the office
of the Tax Collector.
D. Contents of notice. The notice shall specify the violation or violations
committed, what must be done to correct the same, a reasonable period
of time, not to exceed 30 days, to abate the violation, the right
of the person served to request a hearing and that the notice shall
become an order of the Construction Code Official, Zoning Officer,
Enforcement Officer, Director of Public Works, Health Officer, or
their respective designees in 10 days after service unless a hearing
is requested pursuant to these provisions.
E. Request for hearing. Within 10 days of the date of service of a notice,
the notice shall constitute a final order unless any person affected
by the notice requests a hearing thereon by serving a written request
within the ten-day period in person or by certified mail on the Construction
Code Official, Zoning Officer, Enforcement Officer, Director of Public
Works, Health Officer, or their respective designees. Such request
for a hearing shall set forth briefly the reasons for which the request
for a hearing is made and the factual matters contained in the notice
of violation for which the hearing is requested. The Construction
Code Official, Zoning Officer, Enforcement Officer, Director of Public
Works, Health Officer, or their respective designees, upon receipt
of the request for hearing, shall, within 30 days therefrom and upon
five days' notice to the parties so requesting, conduct a hearing.
F. Hearings and orders. At the hearing provided hereunder, the Construction
Code Official, Zoning Officer, Enforcement Officer, Director of Public
Works, Health Officer, or their respective designees shall hear all
parties and his or her final determination shall be made within 10
days from the completion of the hearing. He or she shall then issue
an order incorporating the determinations and directions contained
in the notice, modifying said notice if he or she so deems necessary.
The Construction Code Official, Zoning Officer, Enforcement Officer,
Director of Public Works, Health Officer, or their respective designees
may extend the time for correction of the violations when deemed by
him or her to be necessary.
G. Summons for unabated violation. In the event the violation is not abated, removed, cured or otherwise fully remedied within the time period prescribed in the initial notice or extended time period as permitted by the Construction Code Official, Zoning Officer, Enforcement Officer, Director of Public Works, Health Officer, or their respective designees, a summons shall then be issued against such person or persons charged with the violation. A summons may also be issued without initial written notice in the circumstances described in §
140-13A.
H. In addition to the issuance of summons for an unabated violation,
and where it shall be necessary and expedient for the preservation
of the public health, safety, general welfare or to eliminate a fire
hazard, and upon the certification of the Health Officer, Fire Official,
Director of Public Works and/or the Borough Engineer and after the
approval of the Borough Administrator, the Construction Code Official,
Zoning Officer, Enforcement Officer, Director of Public Works, Health
Officer, or their respective designees may provide for the removal
of or destruction of overgrown brush, weeds, including ragweed, dead
or dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash, debris as permitted in N.J.S.A. 40:48-2.13 and N.J.S.A. 40:48-2.13a.
I. In the event that the immediate abatement is necessary pursuant to Subsection
A hereof, or that overgrown brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth garbage trash, debris are sought to be removed or destroyed pursuant to Subsection
H herein, the officer of the municipality or their respective designee seeking such removal and the Borough Administrator shall obtain and certify the proposed costs thereof to the Mayor and Borough Council, who shall examine the certificate and, if found to be correct and appropriate, shall authorize and direct by way of resolution the costs as shown thereon to be charged against said dwelling or lands and the amounts so charged shall forthwith become a lien upon such a dwelling or lands and shall be added to and become part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes. A copy of the resolution authorizing and directing the removal and the costs and expenses to be charged shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection thereof, with a copy of the report and resolution sent by certified mail to the owner and/or occupant of the premises. If the amount of the lien is not paid, the Tax Collector may sell the unpaid municipal lien at the next tax sale. Notwithstanding anything to the contrary contained herein, nothing shall prevent the Borough from simultaneously proceeding to collect these costs and expenses, as well as to impose fines and penalties upon the owner and occupant by commencing and continuing a proceeding in the Municipal Court of the Borough against those responsible for noncompliance with this code.
Any person who shall violate any of the provisions of this article
or any order promulgated hereunder shall, upon conviction, be punished
by at least a minimum fine of $100 and a maximum fine not exceeding
$2,000, imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by the Municipal Court Judge.
Each day on which a violation of an ordinance exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.