[Adopted 6-8-1970 as Ch. 18 of the Revised General Ordinances]
This article shall be known as the "Property Maintenance Code
of the Town of Newton" and may be referred to as "the code" in this
article.
It is hereby found and declared that there exist in the Town
of Newton structures used for residential and nonresidential uses
which are or may become in the future substandard with respect to
structure, equipment or maintenance; and further that such conditions,
including, but not limited to, structural deterioration; lack of maintenance
and appearance of exterior of premises; infestation; lack of essential
heating, plumbing, storage or refrigeration equipment; lack of maintenance
or upkeep of essential utilities and facilities; existence of fire
hazards; inadequate provisions for light and air; unsanitary conditions
and overcrowding, constitute a menace to the health, safety, welfare
and reasonable comfort of the citizens and inhabitants of the Town.
The purpose of this article is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of residential and
nonresidential premises; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make the aforesaid facilities fit for occupancy and use;
to fix certain responsibilities and duties upon occupants; to authorize
and establish procedures for the inspection of residential and nonresidential
premises; and to fix penalties for the violations of the code. This
article is hereby declared to be remedial and essential for the public
interest, and it is intended that this article shall be liberally
construed to effectuate the purposes as stated herein.
[Amended 10-22-2012 by Ord. No. 2012-25]
A.
Certificate of compliance is required. Every property owner in the
Town of Newton of a building or structure of Use Group R-3 and R-4,
as defined by the Uniform Fire Code (which includes attached and detached
townhouses, one- and two-family dwellings, and mixed-use buildings
with two or less residential units) must obtain a certificate of smoke
detector and carbon monoxide compliance ("certificate of compliance")
prior to a change in occupancy or ownership due to sale, resale, rental
or rerental. In each situation in which a property owner is required
to obtain a certificate of occupancy, as required by the Uniform Construction
Code, a certificate of compliance shall not be required in addition
to the certificate of occupancy.
[Amended 8-22-2016 by Ord. No. 2016-8]
B.
Inspection. Every property owner requiring a certificate of compliance
shall: i) request an inspection by the Town of Newton on the designated
form; ii) pay the required inspection fee; and iii) provide entry
to the dwelling or dwelling unit and any assistance as may be required
by the inspector. The Town Manager or the Town Manager's designated
agent shall conduct the inspection upon receipt of the inspection
request and payment of the fee. If the inspection reveals compliance
with the smoke detector and carbon monoxide alarm requirements set
forth in N.J.A.C. 5:70-4.19, or its successor regulation, and the
requirement for a portable fire extinguisher as required by N.J.S.A.
52:27D-198.1 et seq., or its successor statute, then the Town of Newton
shall issue a certificate of compliance to the property owner.
C.
Fee. A fee as established in § 100-21 shall accompany all applications for inspection and certificates of compliance.
D.
Violations and penalties. For violations of this section, regarding
insufficient smoke detector and carbon monoxide alarm requirements,
penalties shall be provided as set forth in N.J.A.C. 5:70-2.12. For
each and every violation of the requirements for smoke detector and
carbon monoxide alarm requirements, a property owner who has refused
to abate such violation within five days after written notice shall
have been served upon him, either by certified mail or personal service,
shall be subject to a fine of not more than $1,000 per violation per
day. Each and every day that such violation continues after such notices
shall be considered a separate and specific violation of this section.
For a violation of N.J.S.A. 52:27D-198.1 et seq., for failure to have
appropriate required portable fire extinguishers, a property owner
shall be subject to a fine of not more than $100.
[Added 6-10-2013 by Ord. No. 2013-17]
[Amended 11-26-2007 by Ord. No. 2007-26; 2-11-2015 by Ord. No. 2015-2]
A certain document, three copies of which are on file in the office of the Municipal Clerk and Code Enforcement Director of the Town of Newton, being marked and designated as the International Property Maintenance Code, published by the International Code Council, and which shall be amended by the International Code Council, be and is hereby adopted, as may be amended, as the Property Maintenance Code of the Town of Newton, in the State of New Jersey: for regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Town of Newton 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, if any, prescribed in § 213-9 of this article.
[Added 11-26-2007 by Ord. No. 2007-26]
The following sections are hereby revised:
A.
Section 101.1. Insert: Town of Newton.
C.
Section
202 of the IPMC, entitled "General Definitions," shall be revised
as follows:
[Added 9-16-2020 by Ord. No. 2020-20]
(1)
Section
202 of the IPMC, entitled "General Definitions," shall be revised
by deleting the definition of "inoperable motor vehicle" in its entirety.
(2)
Section
202 of the IPMC, entitled "General Definitions," shall be revised
to include the following definition:
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PUBLIC VIEW. Any premises or any part thereof,
or any building or any part thereof, which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway,
parking lot, or from any adjoining or neighboring premises.
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D.
Section
302.1 of the IPMC, entitled "Sanitation," shall be revised by deleting
and replacing same as follows:
[Added 9-16-2020 by Ord. No. 2020-20]
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302.1 Sanitation.
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Exterior property and premises shall be maintained in a clean,
safe, and sanitary condition. It shall be the duty of the owner and
occupant to keep all parts of the exterior property and premises in
a clean and sanitary condition.
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E.
Section 302.4. Insert: 10 inches.
F.
Section
302.8 of the IPMC, entitled "Motor vehicles," shall be revised by
deleting and replacing same as follows:
[Added 9-16-2020 by Ord. No. 2020-20]
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302.8 Motor vehicles.
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(A)
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The term "motor vehicle" shall include all automobiles, motor
vehicles and other vehicles subject to Title 39 of the New Jersey
Statutes Annotated.
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(B)
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Except as otherwise provided in Section 302.8(D), unregistered
and inoperable motor vehicles, and any motor vehicle in a state of
major disassembly and disrepair, shall not be parked, kept, or stored
outside on any residential premises, including any part or parts thereof,
for more than 10 calendar days.
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(1)
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"Unregistered" means any motor vehicle that is not currently
registered with a state motor vehicle division or department.
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(2)
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"Inoperable motor vehicle" means any motor vehicle that is damaged
or missing critical components, such as the engine, wheels, or tires,
thus rendering the vehicle mechanically inoperative for lawful use
on a public roadway or incapable of being moved under its own power;
and any motor vehicle without a currently valid license plate.
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(3)
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"Major disassembly and disrepair" shall include, without limitation,
the following common conditions: missing tire(s); vehicle on blocks,
jacks, or similar supports; missing windshield; missing engine, transmission,
axle, chassis or brakes; missing door(s); missing steering wheel;
and broken driveshaft.
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(C)
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At no time shall any vehicle of any type undergo major overhauling,
including bodywork, substantial repair and restoration, on any residential
premises unless such work is performed inside a structure or similarly
enclosed area designated and approved for such purposes.
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(D)
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Motor vehicles described in Section 302.8(B) may be parked,
kept, or stored in garages or similarly enclosed structures. Covering
a motor vehicle described in Section 302.8(B) that is parked, kept
or stored outdoors with a tarpaulin, cloth, canvas, or similar covering
does not satisfy the requirements of this section.
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(E)
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Painting of motor vehicles is prohibited unless conducted inside
an approved spray booth.
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G.
Supplement
the IPMC by adding Section 302.10 as follows:
[Added 9-16-2020 by Ord. No. 2020-20]
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302.10 Blighted condition.
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The exterior property and premises shall be maintained so that
it does not create, contribute to, or promote a blighted condition.
"Blighted condition" is any condition or combination of conditions
exposed to public view existing upon any premises which tends to devalue
surrounding property values, is unsightly or dilapidated, causes a
negative visual impact upon the neighborhood, or negatively affects
any neighbor's use and enjoyment of his or her own property due to
neglect, decay, deterioration, disrepair, rotting, dilapidation, or
failure to maintain.
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H.
Section 304.14. Insert: April 1 through October 30.
I.
Section 308. Insert:
[Amended 8-22-2016 by Ord. No. 2016-8]
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308.3. Disposal of garbage. Every occupant of a structure shall
dispose of garbage in a clean and sanitary manner by placing such
garbage in an approved garbage disposal facility or approved garbage
containers to be provided by the owner of the structure. No trash
or rubbish shall overflow from containers or dumpsters.
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308.3.1. Garbage facilities. Every owner of every dwelling unit
shall supply at least one of the following: an approved dumpster unit
of adequate size outside of the structure available to the occupants
in each dwelling unit or at least one approved leak-proof, covered
outside garbage container for every two occupants of each dwelling
unit.
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308.4. Method of disposal. Every owner of every dwelling unit
shall provide at least weekly private or contracted disposal service
for owner-provided containers or dumpsters.
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J.
Section 602.3. Insert: October 1 through May 1 of each year.
[Amended 8-22-2016 by Ord. No. 2016-8]
K.
Section 602.4. Insert: October 1 through May 1 of each year.
[Amended 8-22-2016 by Ord. No. 2016-8]
[Amended 4-23-2007 by Ord. No. 2007-13; 2-13-2012 by Ord. No.
2012-2; 2-11-2015 by Ord. No. 2015-2]
A.
Any person who shall violate a provision of this article or shall fail to comply therewith or with any other requirements thereto shall be prosecuted within the limits provided by state and local statutes and shall pay a fine in an amount not to exceed $1,250. Each day that a violation continues after due notice has been served shall be deemed a separate offense. In the event that said fine shall, in total, be greater than $1,250 upon an owner or person or persons responsible, such owner or persons shall have 30 days from the sending of the notice of violation pursuant to N.J.S.A. 40:49-5 and the Property Maintenance Code referred to in § 213-8 to cure and abate the condition and shall also be afforded an opportunity for a hearing before the Municipal Court for an independent determination of whether such violation occurred and what the amount of the fine should be. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the Court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
B.
Responsibilities of creditors, violations and fines.
(1)
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor
filing the summons and complaint in an action to foreclose shall be
responsible for the care, maintenance, security, and upkeep of the
exterior of vacant and abandoned residential property. This obligation
applies whether the determination that the property is vacant and
abandoned is made or otherwise.
(2)
If the creditor is located out-of-state, the creditor shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.
(3)
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to N.J.S.A.
46:10B-51(a)(1).
(4)
An out-of-state creditor found by any court of competent jurisdiction to be in violation of § 213-10B(2) shall be subject to a fine of $2,500 for each day of the violation, commencing on the day after the ten-day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice to the Municipal Clerk that a summons and complaint in action to foreclose has been served.
(5)
The Property Maintenance Code Official, an enforcement officer appointed
pursuant to N.J.S.A. 40:48-2.3 et seq., or any enforcement officer
authorized to enforce the Property Maintenance Code shall be authorized
to issue a notice to the creditor filing the summons and complaint
in an action to foreclose, if the enforcement officer determines that
the creditor has violated this article by failing to provide for the
care, maintenance, security, and upkeep of the exterior of the property.
The notice shall require the person or entity to correct the violation
within 30 days of receipt of the notice, or within 10 days of receipt
of the notice if the violation presents an imminent threat to public
health and safety. The issuance of this notice shall constitute proof
that a property is "vacant and abandoned" for purposes of N.J.S.A.
2A:50-73.
(6)
A creditor found by any court of competent jurisdiction to be in
violation of the requirement to correct a care, maintenance, security,
or upkeep violation cited in a notice issued pursuant to this article
shall be subject to a fine of $1,500 for each day of the violation,
commencing 31 days following receipt of the notice, except if the
violation presents an imminent risk to public health and safety, in
which case any fines shall commence 11 days following receipt of the
notice.
