Township of Mine Hill, NJ Article I General Provisions Applicable to All Developed Property

§ 390-1 Enforcement officials; coordination of enforcement activities.

A. Unless specifically stated to the contrary, the Zoning Officer, Construction Official, Health Officer or their designees shall administer and enforce the provisions of this chapter as specified herein and shall issue all necessary notices or orders to ensure compliance with this chapter.

B. The enforcement of this chapter by the Code Officials shall occur in conjunction with their assigned duties and responsibilities.

C. For property maintenance purposes, whenever, in the enforcement of this chapter and other codes and ordinances, it becomes necessary to subject a given building to multiple inspections in the same general time frame, it shall be the duty of all involved inspectors to coordinate their inspections and administrative orders as much as possible so that the owners and occupants of the structure shall not be subjected to inspections more numerous than necessary, nor to multiple conflicting orders. Whenever a Code Official observes a violation of some law, ordinance or code of the jurisdiction that is not within the Code Official's authority to enforce, the Code Official shall report the findings to the official having jurisdiction, in writing, in order that such official may institute the necessary corrective measures.

D. At the request of the Code Official, any officer, agent or employee of the Township shall assist the Code Official in the enforcement, interpretation or implementation of this chapter.

§ 390-2 Definitions; word usage.

A. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this chapter, have the meanings shown in this section.

B. Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.

C. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," or "structure" are stated in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

D. Terms defined in the other codes. The following terms shall have the meanings indicated except where the context clearly requires otherwise. Where a term is not defined, then the definition of that term found within the standards referenced by § 390-6 of this chapter shall govern.

APPROVED

Approved by the Zoning Officer, Construction Official, Health Officer or other enforcing officer, as the case may be.

BUILDING

Shall be defined as specified in the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.

BUILDING CODE

The New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.

CODE OFFICIAL

The Zoning Officer, Construction Official, the Health Officer, or their designees.

COMMERCIAL ACTIVITY

Includes but is not limited to gasoline stations, retail sales, professional activities, including but not limited to medical, dental, legal, architectural, accounting, etc., personal services, including real estate, insurance, barbershops, hairdressers, etc., nurseries, landscaping businesses, farm stands, repair shops of all kinds, and amusements, including but not limited to movies, skating rinks, bowling alleys, etc., whether part of a shopping area or not, and any other nonresidential use or activity.

COMMERCIAL PREMISES

A lot or tract of land on which or on part of which commercial activity of any kind takes place.

DEVELOPED PROPERTY

Any premises on which a structure has been erected or other improvements have been made.

DWELLINGS

Shall be defined as specified in the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., the New Jersey Multiple Dwelling Regulations, N.J.A.C. 5:10-1 et seq., the New Jersey Room and Boarding House Regulations, N.J.A.C. 5:27-1 et seq., or the New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as the specific case may be.

EXTERIOR PROPERTY

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION

The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest-elimination methods.

GARBAGE

Animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

GOOD REPAIR

The structure is maintained in such a manner that there is no evidence of deterioration or damaged or loose elements and, where appropriate, is capable of preventing the elements (rain, snow, wind) and rodents from entering the interior areas.

INFESTATION

The presence within or contiguous to a structure or premises of insects, rats, vermin or other pests.

NUISANCE

Includes the following:

(1) The physical condition or occupancy of any premises regarded as a public nuisance at common law or as provided by the state laws or Township ordinances; or

(2) Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures, lumber, trash, debris or vegetation such as poison ivy, poison oak or poison sumac; or

(3) Any premises that has unsanitary sewerage or plumbing facilities; or

(4) Any premises that has unsanitary levels of animal fecal or urinary material thereon; or

(5) Any premises designated as unsafe for human habitation; or

(6) Any premises that is manifestly unsafe or unsecured so as to endanger life, limb, or property; or

(7) Any premises from which the plumbing, heating or facilities required by this chapter have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or

(8) Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or

(9) Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises; or

(10) Whatever renders air, food or drinks unwholesome or detrimental to the health of human beings.

OCCUPANT

As specified in the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., the New Jersey Multiple Dwelling Regulations, N.J.A.C. 5:10-1 et seq., the New Jersey Room and Boarding House Regulations, N.J.A.C. 5:27-1 et seq., or the New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as the specific case may be.

OPERATOR

Any person who has charge, care or control of a structure or premises which is let or offered for occupancy; as to commercial premises, any person who has charge, care or control of the commercial premises or any part thereof, whether with or without the consent of the owner.

OWNER

As specified in the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., the New Jersey Multiple Dwelling Regulations, N.J.A.C. 5:10-1 et seq., the New Jersey Room and Boarding House Regulations, N.J.A.C. 5:27-1 et seq., or the New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as the specific case may be.

OWNER OF COMMERCIAL PREMISES

As specified in the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., the New Jersey Multiple Dwelling Regulations, N.J.A.C. 5:10-1 et seq., the New Jersey Room and Boarding House Regulations, N.J.A.C. 5:27-1 et seq., or the New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as the specific case may be.

PARK

A park, playground, recreation center or any other public area owned or used by the Township or local authorized governmental agencies and devoted to active or passive recreation.

PERSON

As specified in the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., the New Jersey Multiple Dwelling Regulations, N.J.A.C. 5:10-1 et seq., the New Jersey Room and Boarding House Regulations, N.J.A.C. 5:27-1 et seq., or the New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as the specific case may be.

PREMISES

A lot, plot or parcel of land, including any structures thereon.

PUBLIC PLACE

Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

REFUSE

All solid waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH (or TRASH)

Combustible and noncombustible waste materials, including but not limited to residue from burning of coal, wood, coke or other combustible material, paper, rags, cartons, tin cans, metals, mineral matter, glass crockery, dust, discarded refrigerators, and heating, cooking or incinerator-type appliances.

SANITARY CONDITION

The structure is maintained in such a manner that there is no accumulation of litter or debris and no rodent or pest infestation.

STRUCTURALLY SOUND

The structure is maintained in such a manner that there are no loose or collapsing pieces and all structural elements safely perform their intended functions.

STRUCTURE

That which is built or constructed or a portion thereof.

VENTILATION

The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

VERMIN

Noxious, objectionable, or disgusting animals collectively, especially those of small size, that appear commonly and are difficult to control, such as flies, lice, bedbugs, cockroaches, mice, and rats.

WORKMANLIKE

Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.

YARD

An open space on the same lot with a structure.

§ 390-3 Access for inspections; repairs.

A. Access by the Code Official. Every owner and occupant of a structure, premises, dwelling, dwelling unit, or rooming unit shall give free access to the Code Official, at all times, after reasonable notice has been given, for the purpose of inspecting, examining or surveying the premises for safety and health purposes. Notwithstanding the preceding, however, whenever the Code Official has reasonable cause to believe that there exists any condition which makes such structure, premises, dwelling, dwelling unit or rooming unit unsafe, the Code Official may enter same without providing notice in order to conduct an inspection or perform any duty imposed upon the Code Official pursuant to law. If such premises are occupied at the time, the Code Official shall first present proper credentials and demand entry.

B. Access by owner or operator. Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at all times, after reasonable notice has been given, for the purpose of making any inspections, maintenance, repairs or alterations as are necessary to comply with this chapter.

§ 390-4 Notices and orders.

A. Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this chapter, or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor as set forth herein.

B. The prescribed notice 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; and

(4) Include a correction order, allowing a reasonable time for the repairs and improvements required to bring the premises, dwelling, commercial premises, commercial activity, yard, structure, use, or activity into compliance with the provisions of this chapter, including a statement of actions that may be taken for failure to comply with the order.

C. Notice, rules, decisions and orders issued and served pursuant to this chapter shall be effective if served by any one of the methods set forth below:

(1) By personal delivery; or

(2) By leaving the document at the addressee's office or dwelling unit with a person 14 years of age or older; or

(3) By both regular and certified mail, return receipt requested, to the person's last known address; however, if the document is returned as "refused" or "unclaimed" with no indication of a change of address, service made by ordinary mail to the same address shall constitute valid service; or

(4) If on a corporate owner of a residential or nonresidential use, by serving the document on the Secretary of State, who shall be deemed the owner's agent for service of process, if:

(a) A certified mailing was returned; and

(b) A copy of the document is posted in a conspicuous location on the premises, which location shall include the walls in a front vestibule, common foyer or hallway near the inside main front entrance.

(5) The date of personal service or the third day after certified mailing shall be considered the date of service.

(6) A copy of any notice or order served upon the owner of a state-leased or owned property shall be sent to the Director of Property and Facilities Management, Department of Treasury.

§ 390-5 Structures unsafe or unfit for human habitation.

A. When a structure inspected pursuant to this chapter is found to be unsafe by the Code Official, in addition to any other enforcement actions authorized by this chapter or other laws, regulations, or ordinances, the Code Official shall immediately prepare a written report to the Construction Official notifying of the existence of the structure and the reasons why the Code Official believes the structure to be unsafe or unfit for human habitation.

(1) Construction Code investigation. The Construction Official shall use such written report in causing an inspection of the structure pursuant to N.J.A.C. 5:23-2.32.

(2) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Zoning Officer, Construction Official or Health Officer finds that such structure is unsafe, unlawful, because of the degree to 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 chapter or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

(3) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under the referenced standards of this chapter, or was erected, altered or occupied contrary to law.

B. Notice; request for hearing; unsafe or unfit building. Whenever a petition is filed with the Zoning Officer, Health Officer or Construction Official by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the municipality charging that any building is unfit for human habitation, occupancy or use, as herein defined, or whenever it appears to the Zoning Officer, Construction Official or Health Officer, on his own determination, that any building is unfit for human habitation, occupancy or use, as herein defined, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a notice pursuant to § 390-4 or the relevant referenced standard that the notice is issued pursuant to.

(1) In the case of the Health Officer only, the notice shall include a statement that for violations of this subsection, a hearing may be requested pursuant to Township Health Codes.

§ 390-6 Adoption of standards.

A. Pursuant to N.J.S.A. 40:49-5.1 et seq., the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., the New Jersey Multiple Dwelling Regulations, N.J.A.C. 5:10-1 et seq., the New Jersey Room and Boarding House Regulations, N.J.A.C. 5:27-1 et seq., and the New Jersey State Housing Code (current version), N.J.A.C. 5:28-1 et seq., as approved by the Department of Community Affairs and filed in the Secretary of State's office, as same may be amended, are hereby accepted, adopted and established as the standards to be used as a guide in determining the fitness of a building, structure, or premises for human habitation, occupancy or use for the enforcement of this chapter. Copies of these codes have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine same. Nothing herein shall be construed to repeal any standards set forth in Chapter 310, Land Use, of this Code.

B. Adoption of the Property Maintenance Code. A certain document, three copies of which are on file in the Township Clerk's office, being marked and designated as the 2018 International Property Maintenance Code as published by the International Code Council, Inc., be and the same is hereby adopted as the Property Maintenance Code of the Township of Mine Hill for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said 2018 International Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter.

[Added 2-20-2014 by Ord. No. 05-14; amended 10-1-2020 by Ord. No. 14-20]

§ 390-7 Closing of structures.

A. Structures that are closed by their owner, occupant or an agent thereof shall have all wood covering any window or door opening painted white. Wood covering other areas of the structure shall be painted the same color as the structure.

B. If the structure is unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to vacate the structure, post a placard of imminent hazard on the premises and order the structure closed up so as not to be an attractive nuisance. Where a residence must be vacated, the Code Official shall cause the residents to be advised of the possible availability of relocation assistance and direct them to the appropriate agencies. 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 with 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. The provisions of this section are in addition to penalties for violation, which may be assessed under the provisions of § 390-21.

C. Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place on or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with and in the form prescribed by § 390-4.

D. Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises a placard warning any person against entry and a statement of the penalties provided for occupying the premises or removing the placard.

E. Prohibited occupancy. Any person who shall occupy a placarded premises 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 in this chapter and any of the referenced standards contained herein.

F. 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 in this chapter.

§ 390-8 Responsibility for compliance.

A. The owner shall be responsible for the safe and proper maintenance of the premises at all times.

B. Owners of premises which are, or which contain, one or more uses subject to this chapter shall have concurrent responsibility with the occupants for compliance with this chapter. No person shall be required to abate any violations which he has no power to abate or to require to be abated. If a violation is served on an owner who cannot comply due to lack of authority, within five days of receipt of the notice of violation, the owner shall provide notice of the violation to the party with authority and inform the Code Official of such party's name and address.

C. If an occupant of a premises creates conditions in violation of this chapter, by virtue of occupancy, storage, or use of the premises, the occupant shall also be responsible for the abatement of said conditions.

D. A person shall be deemed to have violated or caused to have violated a provision of this chapter if an officer, agent, employee, or tenant under his control and with his knowledge has violated or caused to have violated any of the provisions of this chapter.

E. Subsequent owners or those succeeding to control over the premises shall be responsible for correcting unabated violations and for the payment of outstanding fees and/or penalties.

§ 390-9 Maintenance required; failure to comply.

A. All structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

B. Where any premises have become overgrown with brush, grass or weeds, or minor repairs are necessary to protect the health, safety or welfare of the general public, and the owner, after notice, has failed to cut the grass, brush or weeds or make the necessary repairs, the Code Official may cause the work to be done through any available public agency or by contract or arrangement with private persons, and the cost thereof shall be a lien upon such real estate. The provisions of this section are in addition to penalties that may be assessed under the provisions of § 390-21.

§ 390-10 Exterior property areas.

A. Sanitation. All premises and the exterior of all structures shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the premises or structure(s) which such occupant occupies or controls in a clean and sanitary condition.

B. Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water, except for water retention areas and reservoirs approved by the Township.

C. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.

D. Weeds. All premises and the exterior of all structures shall be maintained free from weeds or plant growth in excess of eight inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers, gardens or ornamental plants.

E. Vermin harborage. All premises and the exterior of all structures shall be kept free from vermin infestation. Where vermin are found, approved processes shall promptly be used to exterminate them. Such measures shall not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

F. Accessory structures. All accessory structures, including detached garages, sheds, fences and walls, shall be maintained in a structurally sound condition and in good repair. Any accessory structure found to be in violation of this section shall be repaired or removed.

G. Fields. The borders of all fields which abut residential properties or public roads, other than farms that have qualified for farmland assessment for real property tax purposes, shall be maintained free from weeds or noxious plant growth in excess of 10 inches in height for a distance of 10 feet from the property line or paved roadbed or to the edge of the cultivated field, whichever is less.

H. Mine subsidence or other ground caving or sinking shall be made safe by the immediate installation of temporary fencing at least four feet high until the subsidence area is properly remediated or permanently fenced. If the subsidence is not permanently remediated after 90 days, a permanent six-foot-high chain-linked fence with a barbed wire three strand top shall be installed. Remediation activities shall be conducted pursuant to a plan prepared by a licensed mining engineer or geotechnical engineer which shall be filed with the Township prior to the commencement of any activities.

[Added 4-21-2016 by Ord. No. 06-16]

§ 390-11 Exterior of structures.

A. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety and welfare.

B. Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.

C. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.

D. Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials, and maintained weatherproof and properly surface coated where required to prevent deterioration.

E. Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof water shall not be discharged in a manner that creates a public nuisance.

F. Decorative features. All cornices, belt courses, corbels, terra-cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

G. Overhang extensions.

(1) All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a serviceable condition.

(2) When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

H. Chimneys and towers. All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

I. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

J. Windows and door frames. Every window, door and frame shall be kept in sound condition, good repair and weathertight. Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware.

K. Glazing. All glazing materials shall be maintained free from cracks and holes.

L. Insect screens. During the period from April 15 to October 15, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch, and every swinging door shall have a self-closing device in good working condition. Screen doors shall not be required for outswinging doors or other types of openings which make screening impractical, provided other approved means, such as air curtains or insect-repellent fans, are employed. Doors installed to comply with this section shall be installed in a manner that does not violate the means of egress requirements of the referenced standards.

M. Doors. All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.

N. Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of vermin, rain and surface drainage water.

O. Guards for basement windows. If vermin are found in a building, the building shall be treated to eliminate observed vermin from the inside as provided in § 390-10. Following treatment, every basement window that is operable or open shall be supplied with shields, storm windows or other approved protection against the entry of vermin, when the building is unoccupied or inspection confirms the presence of vermin in the building.

§ 390-12 Outdoor storage.

A. Nonresidential zones. In all nonresidential zones, no article or material shall be kept, stored or displayed outside the confines of a building unless such article or material is so screened by special plantings, walls or a fence and shown and approved by the original site plan. The storage area shall not be visible from an adjacent residential zone, a public street or from an interior driveway between public streets and the principal buildings. In all cases, outdoor storage shall be in compliance with the standards referenced in § 390-6.

B. Residential zones.

(1) In any residential zone, outdoor storage is prohibited in all defined front yard areas but is permitted in all side and rear yard areas, provided said storage is screened from the public view by an approved fence, wall or planting of shrubbery.

(2) In all cases, outdoor storage shall be in compliance with the standards referenced in § 390-6.

C. All zones. The parking of mobile homes, recreational vehicles, boat trailers and travel trailers in any zone is prohibited, except that this prohibition does not apply to one unoccupied mobile home, recreational vehicle, boat trailer, or travel trailer owned and used by the property owner. No other vehicle over 10,000 pounds may be parked in any residential zone.