[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 10-16-2012 by Ord.
No. 2012-11. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch.
101.
Vacant, abandoned or pending foreclosure buildings — See Ch.
102.
Public Health Nuisance Code — See Ch.
230.
This code shall be known as the "Property Maintenance Code of
the Township of Allamuchy" and may be referred to hereafter as "this
code."
It is hereby found and declared that there exists in the Township
of Allamuchy structures used for residential and nonresidential use
which are or may become substandard with respect to structure, equipment
or maintenance; further, such conditions include but are not limited
to structural deterioration, lack of maintenance and shabby appearance
of exterior of premises, infestation, improper storage or lack of
maintenance or upkeep of essential utilities and facilities, existence
of fire hazards, unsanitary conditions and overcrowding. These conditions
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Township of Allamuchy.
It is further found and declared that by reason of lack of maintenance
and progressive deterioration certain properties have the further
effect of creating blighting conditions and that, if the same are
not curtailed and removed, the aforesaid conditions will grow and
spread and will necessitate in time the expenditure of public funds
to correct and eliminate the same and that, by reason of timely regulations
and restrictions as herein contained, the growth of blight may be
prevented and the neighborhood and property values thereby maintained,
the desirability and amenities of residential and nonresidential uses
and neighborhoods enhanced and the public health, safety and welfare
protected and fostered.
The purpose of this code 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 the upkeep of essential
utilities, facilities and other physical components and conditions
essential to make the aforesaid premises fit for human habitation,
occupancy and use; to fix certain responsibilities and duties upon
owners and operators and distinct and separate responsibilities and
duties upon occupants; to authorize and establish procedures for the
inspection of residential and nonresidential premises; to fix penalties
for the violations of this code; and to provide for the repair, demolition
or vacation of premises unfit for human habitation or occupancy or
use.
The following terms wherever used or referred to in this code
shall have the respective meanings assigned to them unless a different
meaning clearly appears from the context. All definitions of the BOCA
Basic Building Code, Uniform Construction Code, N.J.S.A. 40:48-2.4
and 2A:42-75 and 42-86 and as any one or all may later be amended
are included in this code by reference. The following additional definitions
are set out below, and any discrepancy is to be resolved in favor
of state statute:
CERTIFICATE OF CONTINUED OCCUPANCY
This serves notice that, based on a general inspection of
visible parts of the building, there are no identifiable imminent
hazards and the building is approved for continued occupancy.
DETERIORATION
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
use.
EXPOSED TO 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.
EXTERMINATION
The control and elimination of insects, rodents and vermin.
GARBAGE
(See also "refuse and rubbish.") Putrescent animal and vegetable
waste resulting from the handling, preparation, cooking and consumption
of food.
HABITABLE ROOM
Any room or enclosed floor space used frequently or for an
extended period of time by one or more human beings.
HEALTH OFFICER
The Warren County Board of Health, or such Township officials
or employees as may be designated to enforce the provisions of this
code.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises of a number which constitutes a health hazard.
MIXED OCCUPANCY
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
NUISANCE
A.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Township of Allamuchy.
B.
Any attractive nuisance which may prove detrimental to the health
or safety of children whether in a building, on the premises of a
building or upon an occupied lot. This includes but is not limited
to abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation such as poison
ivy, oak or sumac which may prove hazardous for inquisitive minors.
C.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
D.
Overcrowding of a room with occupants in violation of this code.
E.
Insufficient ventilation or illumination in violation of this
code.
F.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this code.
G.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this code.
H.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
OPERATOR
Any person who has charge, care or control of all or any
part of a building.
OWNER
Any person who alone or jointly or severally with others
shall have legal or equitable title to any building, with or without
accompanying actual possession thereof.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PERSON
Any individual, firm, corporation, partnership, association
or other entity.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
PUBLIC AUTHORITY
Any officer who is in charge of any department or branch
of the government of the municipality, county or state relating to
health, safety, fire, building or environmental regulations or to
other activities concerning buildings in the municipality.
REFUSE
(See also "garbage" and "rubbish.") All waste (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
RUBBISH
(See also "garbage" and "refuse.") Nonputrescent solid wastes
consisting of both combustible and noncombustible wastes, such as
paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
Every residential, nonresidential or mixed occupancy building
and the premises on which it is situated, being in, used or intended
to be used for housing, commercial, business or industrial occupancy,
shall comply with the provisions of this code, whether or not such
a building shall have been constructed, altered or repaired before
or after the enactment of this code and irrespective of any permits
or licenses which shall have been issued for the use of occupancy
of the building or premises for the construction or repair of the
building or for the installation or repair of equipment or facilities
prior to the effective date of this code.
A. Exterior of premises shall be free of hazards and unsanitary conditions.
The exterior of the premises and all structures thereon shall be kept
free of all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises and free of unsanitary
conditions, and any of the foregoing shall be promptly removed and
abated by the owner or operator. It shall be the duty of the owner
or operator to keep the exterior of premises free of hazards, which
include but are not limited to the following:
(1) Refuse, as hereinabove defined.
(2) Rubbish, as hereinabove defined.
(3) Abandoned, uncovered or structurally unsound wells, shafts, towers,
exterior cellar openings, basement hatchways, foundations or excavations.
(4) Abandoned iceboxes, refrigerators, heaters, television sets and other
similar major appliances.
(5) Structurally unsafe or unsound buildings, structures or fences.
(6) Rodents, vermin, pest infestations or rodent harborages.
(8) Hidden or uncovered ground or surface hazards, such as holes, sudden
depressions, sharp or jagged projections or obstructions.
(9) Buried rubble, refuse or rubbish.
(10)
Stagnant surface water or groundwater accumulations which create
or are likely to create mosquito or other insect-breeding areas.
(11)
Nuisances, as hereinabove defined.
(12)
Vehicles or parts thereof, including boats and trailers, motorized
or not, licensed or unlicensed, registered or unregistered, which
vehicles or parts thereof are or have been junked, abandoned, dismantled
or are in a state of disrepair.
(13)
Dangerously loose and overhanging objects, including but not
limited to dead trees or tree limbs, accumulations of ice or any object,
natural or man-made, which could threaten the health and safety of
persons if caused to fall or other similar dangerously loose and overhanging
objects, which by reason of their location above ground level constitute
an actual hazard to persons or vehicles in the vicinity thereof.
(14)
Inadequate or unsafe foundation walls, piers and columns and
other similar structurally unsound, damaged or defective load-bearing
components which are incapable of bearing imposed loads safely at
all points.
(15)
Structurally unsound, loose, dangerous, crumbling, missing,
broken, rotten or unsafe exterior portions of buildings or structures,
including but not limited to porches, landings, balconies, stairways,
handrails, steps, walls, overhangs, roofs, fences, supporting members,
timbers, abutments, fire escapes, signs and loose, crumbling or falling
bricks, stones, mortar or plaster.
(16)
Exterior surfaces or parts of buildings or structures containing
sharp, rough or projecting surfaces or objects which might cause injury
to persons coming in contact therewith.
(17)
Broken glass in windows or doors, rotten, missing or substantially
destroyed window frames and sashes, door frames, exterior doors or
other major exterior component parts of buildings or structures.
(18)
Weeds or plant growth which are noxious or detrimental to public
health and safety. This includes but is not limited to poison ivy,
poison oak, poison sumac and ragweed growth.
(19)
Recurring accumulations of stormwater. Adequate runoff drains
shall be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
B. Chimneys and all flue and vent attachments thereto shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designated.
Chimneys, flues, gas vents or other draft-producing equipment shall
provide sufficient draft to develop the rated output of the connected
equipment and shall be structurally safe, durable, smoketight and
capable of withstanding the action of flue gases.
C. Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained to minimize
the hazard of falling, and the same shall be kept structurally sound,
in good repair and free from defects.
The exterior of the premises, the exterior of structures and
the condition of accessory structures shall be maintained so that
the appearance of the premises and structures shall not constitute
a blighting factor for adjoining property owners, including but not
limited to the following:
A. Storage of commercial and industrial materials. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas equipment and materials relating to commercial
or industrial use unless otherwise permitted by the Land Development
Ordinance or other lawful authority. Containers of chemicals and
other environmentally sensitive materials shall be properly stored
away from public access.
B. Landscaping. Premises with landscaping and lawns, hedges and bushes
shall be kept trimmed and prevented from becoming overgrown and unsightly
where exposed to public view.
C. General maintenance. The exterior of every structure or accessory
structure (including fences) shall be maintained in good repair. The
same shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition reflective
of structural deterioration or inadequate maintenance to the end that
the property itself may be preserved safely and fire hazards eliminated
and adjoining properties protected from blighting influences.
A. The outside building walls shall not have any holes, loose boards
or any broken, cracked or damaged finish which admits rain, cold air,
dampness, rodents, insects or vermin.
B. Every enclosed building shall be so maintained as to be weathertight
and watertight.
C. Basements, cellars and crawl spaces shall be free of standing water
resulting from seepage. Ventilation shall be required where necessary
to prevent accumulations of moisture and dampness. Floors shall be
composed of poured concrete not less than four inches thick and shall
be maintained at all times in a condition so as to be smooth, clean,
free from cracks, breaks and other hazards.
D. All parts of the building shall be maintained so as to prevent infestation.
E. All parts of the building shall be kept in a clean and sanitary condition,
free of nuisance and free from health, safety and fire hazards.
F. Every roof, roof gutter, flashing, rainwater conductor and roof cornice
shall be weathertight and raintight and shall be kept in good repair.
G. Maintenance of interior structure.
(1) General. The interior of a structure and its equipment shall be maintained
structurally sound and in a sanitary condition so as not to pose a
threat to the health and safety of the occupants and to protect the
occupants from the environment.
(2) Structural members.
(a)
The supporting structural members of every building shall be
maintained structurally sound, not showing any evidence of deterioration
which would render them incapable of carrying the imposed loads.
(b)
In every existing building used for business, industrial, mercantile
or storage occupancy, in which heavy loads or concentrations occur
or in which machinery is introduced, the owner or occupant shall cause
the weight that each floor will safely sustain to be calculated by
a registered architect or engineer and filed with the Department of
Community Affairs and, after such acceptance by the Department of
Community Affairs, posted on each floor in a conspicuous place.
[Amended 2-19-2013 by Ord. No.
2013-02]
(3) Exit doors. Every door available as an exit shall be capable of being
opened easily from the inside and without the use of a key.
(4) Stairs, porches and railings. Stairs and other exit facilities shall
be adequate for safety as provided in the Uniform Construction Code.
(5) Exit facilities. All interior stairs and railings and other exit
facilities of every structure shall be maintained in sound condition
and good repair by replacing treads and risers that evidence excessive
wear or are broken, warped or loose. Every inside stair shall be so
constructed and maintained as to be safe to use and capable of supporting
the anticipated loads.
The owner or operator shall have the duty and responsibility
for removing garbage, refuse and rubbish.
All accumulation of garbage, refuse and rubbish shall be removed
weekly from collection areas.
Any change in commercial use or commercial use by way of a new
operator on the first floor of any apartment building where such use
is permitted shall require a new occupancy certificate.
[Amended 2-19-2013 by Ord. No.
2013-02]
No owner or operator of a residential or nonresidential building
shall sell, rent, lease or substantially change the use of any portion
of such building without first obtaining a certificate of continued
occupancy from the Department of Community Affairs certifying that
such building is in compliance with all the provisions of this code.
The fee for the issuance of a certificate of continued occupancy shall be as provided in §
120-3, and shall be payable to the Township of Allamuchy.
[Amended 2-19-2013 by Ord. No.
2013-02]
The Department of Community Affairs shall have discretion to
issue a temporary certificate of continued occupancy for a nonresidential
building or any portion thereof, conditioned upon compliance with
the provisions of this code, within a reasonable period of time not
to exceed 60 days from the date of issuance of such temporary certificate,
provided that the building or portion thereof may be occupied safely
prior to abatement of the existing code violations. Upon compliance,
the Department of Community Affairs shall issue a permanent certificate
of continued occupancy.
The fee for the issuance of a temporary certificate of continued occupancy shall be as provided in §
120-3, and shall be payable to the Township of Allamuchy.
[Amended 2-19-2013 by Ord. No.
2013-02]
The Township Administrator/Clerk, Department of Community Affairs,
and Warren County Board of Health are hereby designated to serve as
the administrative agents of this code. All inspections and enforcement
of the provisions of this code shall be under their direction and
supervision. The Township Administrator and Department of Community
Affairs may appoint or designate such other officials or employees
of the Township to perform such duties as may be necessary for the
enforcement of this code.
The owner or operator of any nonresidential building shall file
a registration statement within 120 days of the effective date of
this code with the Township Clerk containing the following information:
A. The name and address of the owner or owners of the building.
B. If the owner is a corporation, the name and address of the registered
agent and corporate officers of such corporation.
C. The name and address of the operator, if any, of the building.
Upon determining that a violation of this code exists, the administrative
agent shall serve a written notice on the owner or operator of the
building. The notice shall specify the following:
A. The violations committed.
B. What must be done to correct the violations.
C. A reasonable period of time, not to exceed 30 days, within which
the violations must be corrected.
D. That the notice constitutes an order to correct the violations within
the time specified.
Notice shall be served by personal service or certified mail,
return receipt requested, upon the owner or operator at his or her
last known address. If a building requiring registration has not been
registered and the last known address of the owner or operator cannot
be determined, the notice may be posted in a conspicuous place on
the outside front entrance of the building.
The notice shall constitute a final order to abate the specified
violations.
[Amended 2-19-2013 by Ord. No.
2013-02]
When a violation exists of such nature as to constitute an immediate
threat to life and limb unless abated without delay, the Department
of Community Affairs may declare the building unsafe under N.J.S.A.
52:27D-132 and N.J.A.C. 5:23-2.32 and either abate the condition immediately
or order the owner or operator to abate the condition within a period
of time not to exceed three days. If the owner or operator fails to
abate the condition within that time period, the Department of Community
Affairs shall abate the condition immediately thereafter or may proceed
summarily in the Superior Court of New Jersey for a court order requiring
the owner to abate the condition immediately.
[Amended 2-19-2013 by Ord. No.
2013-02]
When summary abatement requires the expenditure of Township
funds, the Department of Community Affairs shall present a report
to the Township Council detailing the amounts so expended. Upon approval
by the Council, the expenses shall become a lien against the premises,
collectible as provided by law. A copy of the resolution approving
the expenses shall be sent by certified mail, return receipt requested,
to the owner and shall be filed with the Tax Collector, who shall
be responsible for collection of the lien.
Any violation of any ordinance other than this code discovered
in the enforcement of this code shall be reported to the public officer,
who shall refer the alleged violation to the official or agency responsible
for the enforcement of such ordinances.
The administrative agent shall have the power to withhold strict
enforcement of this code upon written application therefor by an owner
or party in interest after making determination that:
A. Any variation or modification of structure use approved by the administrative
agent will not in any material way alter the standards of this code
and cannot affect detrimentally the health or safety of the occupants
of the premises or the health, safety or welfare of the occupants
or owners of adjacent premises or of the neighborhood; and
B. Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on the premises which would be substantially disproportionate to any
benefit to health, safety or welfare that might be derived therefrom;
and
C. The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this code; or
D. Premises subject to this code are contemplated for public acquisition
or are within an area where acquisition is contemplated by a public
agency having the power of eminent domain and that there is a reasonable
likelihood that said premises will be acquired within a period of
two years and that the strict enforcement of the provisions of this
code would require the installation of repairs and improvements estimated
to exceed $5,000 in cost and there is an alternative means satisfactory
to the administrative agent to be used, which will eliminate violations
of this code constituting hazards to the health, safety and welfare
of the occupants of the premises and persons in the immediate vicinity
thereof; provided, however, that any waiver of the provisions of this
code permitted under this subsection shall be canceled and the administrative
agent shall strictly enforce the code if it shall be ascertained subsequent
to the granting of the waiver that the premises are in fact not to
be acquired for any public use or purpose. The administrative agent
may, with the approval of the governing body of the Township of Allamuchy,
by resolution, bring an action to be appointed receiver ex officio
of the rents and income of such property for the purpose of collecting
the rents and income from such property and expending the same for
the purpose of abating the conditions against which this article is
directed. The procedure and other legal steps shall be governed by
the provisions of N.J.S.A. 40:48-2.12h to 40:48-2.12k and/or 2A:42-74 to 2A:42-84.
Violations of any provision of this code may be prosecuted by
the service of a summons by the administrative agent upon the violator,
commanding such violator to appear in the Municipal Court of the Township
of Allamuchy.
A. In the event that the provisions of this article shall be inconsistent
with any applicable state or federal regulation affecting the operation
or maintenance of buildings, such state or federal regulation shall
apply and the provisions hereof shall be of no force or effect.
B. For the purpose of this article, an inspection made by any state
or federal agency and the report associated therewith showing no violations
existing shall, upon filing of a true copy of such report with the
Department of Community Affairs, be deemed compliance with the applicable
provisions of this code.
[Amended 2-19-2013 by Ord. No.
2013-02]
No license or permit or other certification of compliance with
this code shall constitute a defense against any violation of any
other local ordinance applicable to any structure or premises nor
shall any provision herein relieve any owner, operator or occupant
from complying with any such other provision or any official of the
Township of Allamuchy from enforcing any such other provision.
A. A violation of any section or subsection of this code shall, upon
conviction thereof, be punishable by a fine of not less than $100
nor more than $2,000 and/or by imprisonment not exceeding 90 days
and/or by 90 days' community service.
B. Each violation of a section or subsection of this code shall constitute
a separate offense.
C. Any penalty imposed pursuant to this section shall be collectible
as a lien against the premises.
For purposes of this chapter, an "unoccupied or vacant building"
shall be defined as any structure intended for residential or nonresidential
use which is not currently occupied or in use. For the purpose of
the enforcement of this chapter, a presumption shall exist that a
structure vacant for six months is not currently occupied or in use.
A. Basic equipment and facilities. Every unoccupied or vacant residential
or nonresidential building must comply with the following minimum
standards for basic equipment and facilities:
(1) Plumbing. All plumbing fixtures shall be properly installed and be
in sound condition and good repair.
(2) Electricity. Every existing outlet and fixture shall be properly
connected. Wiring and service lines shall be maintained in good and
safe working condition.
(3) Heating plant. The heating plant shall be maintained in a safe condition.
(4) Cooking equipment. All cooking equipment shall be maintained in a
safe condition.
B. Storage and boarding up of building.
(1) No room within any vacant or unoccupied building shall be used for
storage of junk, rubbish or wastes, furniture or building materials
not intended to be used in the existing building.
(2) The boarding up of doors and windows shall not be permitted except
with the permission of the enforcement officer in emergency situations.
When doors and windows are boarded up, they shall be covered with
no less than one-half-inch exterior plywood or equivalent, which shall
be the same color as the building exterior.
C. Safe and sanitary maintenance. All occupied or vacant buildings shall
comply with the following minimum standards for safe and sanitary
maintenance:
(1) Every foundation, exterior wall or exterior roof shall be weathertight,
watertight and rodentproof, shall be kept in sound condition and good
repair and shall be safe to use and capable of supporting the load
which normal use may cause to be placed thereon.
(2) Every floor, interior wall and ceiling shall be substantially rodentproof,
shall be kept in sound condition and good repair and shall be safe
to use and capable of supporting the load which normal use may cause
to be placed thereon.
(3) Every window, exterior door and basement or cellar door and hatchway
shall be weathertight, watertight, rodentproof and locked and shall
be kept in sound condition and good repair.
(4) Every inside and outside stair, porch and any appurtenance thereto
shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition
and good repair.
(5) Every yard shall be properly graded so as to prevent the accumulation
of stagnant water.
(6) There shall be a controlled method of disposing of water from roofs
by use of gutters and downspouts, which shall be installed and maintained
in sound condition, free of leaks and obstructions.
(7) Every dwelling's cellar, basement and crawl space shall be maintained
from excessive dampness and leakage.
(8) The exterior of every structure or accessory structure shall be maintained
free of broken windows, loose shingles, crumbling stone or brick or
excess peeling paint.
(9) The exterior of the premises and the condition of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereof shall reflect a level of maintenance in keeping
with the standards of the neighborhood and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
D. Further responsibilities of owners. All owners of unoccupied or vacant
buildings shall be required to comply with the following standards:
(1) Any yard area (front, side and rear) adjacent to an unoccupied or
vacant building shall be cleared and maintained free of trash, solid
debris or any other materials that cause litter to accumulate to unhealthy
and blighting proportions.
(2) Grass and weeds shall not be permitted to grow or remain on the side,
front and/or rear yards of any unoccupied or vacant building so as
to exceed a height of 10 inches.
(3) Unoccupied or vacant buildings shall not be utilized for storage
of any hazardous materials, whether solid or liquid, including the
yard portion of that building.
(4) When a vacant dwelling is found to be infested with rats, termites,
roaches and/or any other insects and vermin, the owner shall undertake
an expedient means of extermination of such nuisances.
(5) All doors and/or lids on appliances, on furniture utilized for storage
or on heating furnaces shall be locked in order to deny entry to an
individual where the potential for physical harm or death may result
should said door or lid close and prevent the individual's escape.
E. The standards and requirements of this section shall apply as long
as any dwelling remains vacant or unoccupied. Upon occupancy, the
other appropriate sections of this chapter shall prevail.
The provisions of this article shall be enforced as set forth and pursuant to §§
227-1 through
227-31 of the Code of the Township of Allamuchy, to the full extent applicable.