[HISTORY: Adopted by the Mayor and Council of the Town of
Clinton 10-14-2020 by Ord. No. 20-19. Amendments noted where applicable.]
This chapter shall be known as the "Minimum Property Maintenance
Code of the Town of Clinton" and may be referred to in the short form
as the "Property Maintenance Code" or in this chapter as "this code."
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance
and condition of the exterior of premises; to avoid, prevent and eliminate
the maintenance of or creation of hazards to the public health or
safety; to protect the environment, including sensitive watershed
and forested areas, from the impact of hazardous materials; to prevent
the creation, continuation, extension or aggravation of blight; to
fix certain responsibilities and duties upon owners, operators and
occupants of property; and to provide for administration and enforcement
of this chapter.
Every structure and the premises on which the structure(s) are
situated in the Town used or intended to be used for single- and multiple-family
dwellings, commercial, business or industrial occupancy shall comply
with the provisions of this code, irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the structure
or for the installation or repair of equipment or facilities prior
to the effective date of this code.
In any case where the provisions of this code impose a higher
standard than that set forth in any ordinance of the Town or under
the laws of the State of New Jersey, then the standards as set forth
herein shall prevail; but if the provisions of this code impose a
lower standard than any ordinance of the Town or of the laws of the
State of New Jersey, then the higher standard contained in any such
other ordinance or law shall prevail.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, be defined as follows:
The condition of a structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
The Enforcement Officer in the Town shall be the Code Enforcement
Official, Zoning Officer, or their authorized representative.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent properties,
including all outside surfaces and appurtenances thereto, and the
open space on the premises outside any building or structure erected
thereon.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food or by any approved
pest elimination methods.
Any thing or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire or which may obstruct, delay or
hinder, or may become the cause of an obstruction, delay, hazard or
hindrance to, the prevention, suppression or extinguishment of fire.
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
Any and all elements and compounds, including petroleum products,
which are defined as such by the New Jersey Department of Environmental
Protection or as are defined in the NFPA Guide to Hazardous Materials,
or as are set forth in the list of hazardous substances adopted by
the Federal Environmental Protection Agency, or as are defined on
the list of toxic pollutants designated by Congress or the Environmental
Protection Agency.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of the premises of or having
actual possession or use of a business, single- and multiple-family
dwelling unit or other premises affected by this chapter.
Any person, persons or entity not the owner who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building, structure
or part thereof, as owner or agent of the owner or as fiduciary, trustee,
receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this section and
shall have responsibility over that portion of the premises so sublet,
leased or assigned.
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge,
oil refuse, oil mixed with other wastes, crude oils and substantives
or additives utilized in the refining or blending of crude, petroleum
or petroleum stock.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
All combustible and noncombustible waste materials other
than garbage, and the term shall include paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and the residue from
burning wood, coal, coke or other combustible material and solid commercial
and industrial waste. No chemicals such as those used in swimming
pools, oil, gasoline or any other chemical which could cause a fire,
explosion or obnoxious gas shall be considered rubbish.
Owners shall have all the duties, obligations and responsibilities
prescribed in this chapter, and no such person or entity shall be
relieved of any such duty, obligation or responsibility hereunder,
nor may any such person or entity assert, as a defense against any
charge made under this chapter, that another owner, operator or occupant
or any other third person or entity is also responsible therefor and
in violation thereof.
The exterior of all premises shall be kept free from hazards,
which include but are not limited to the following:
A.
Garbage and rubbish. Only garbage and rubbish (as defined in this chapter) resulting from the actual use of the premises may be permitted on the premises. All provisions of Chapter 94 of the Code of the Town of Clinton, entitled "Littering," shall apply. Garbage and rubbish shall be placed in a trash can, bucket, bag or other vessel, such as to prevent such garbage and rubbish from spilling or blowing out into the street, sidewalk, other properties or storm sewers. A limited exception shall apply to bulky garbage or recyclable items that do not fit in a trash can or other container and are placed at or near the curb for intended collection.
(1)
It shall be unlawful for any residential or commercial property owner
to permit open or overflowing garbage and rubbish disposal containers
on his or her property. Garbage and rubbish shall be deposited and
controlled so as not to be scattered by the winds, and the area surrounding
garbage and rubbish disposal containers of any kind shall be maintained
free of garbage and rubbish at all times. The storage of materials
otherwise considered garbage or rubbish hereunder for composting or
mulching shall be exempted from this prohibition.
(2)
It shall be the responsibility of the owner, lessee, tenant, occupant
or person in charge of any premises to remove garbage and rubbish
originating from such premises which has been placed, dropped, windblown
or otherwise deposited upon adjoining properties or windblown across
a right-of-way.
(3)
This section shall be enforced by the Zoning Officer or its authorized
representative.
B.
Hazardous substances.
(1)
Discharge. The discharge and/or spill of a hazardous substance, including
petroleum products, are hereby declared to be nuisances and prohibited
activities. In addition to reporting such discharges in compliance
with the New Jersey Spill Compensation and Control Act (N.J.S.A. 58:10-23.11
et seq.), such discharges shall be reported, in writing, to the Town
Code Official. Such communication shall set forth the time, place,
and date of the discharge, the names and addresses of persons present,
and a detailed description of the spill or discharge. Within 24 hours,
a more detailed description of the spill shall be provided to the
Code Official, in writing, including the amount of the spill or discharge
and the name of the substance spilled or discharged, a proposed method
of containment, cleanup and removal of the spill or discharge, and
the estimated cost of removal of the hazardous substance. Written
reports detailing every step taken to clean up, remove and contain
the spill or discharge shall thereafter be filed with the Code Official
every 72 hours until the spill or discharge is completely cleaned
up, removed, and contained. Where said follow-up reports would be
repetitive, cumulative or not provide any additional information,
the Code Official may waive, in writing, the requirement that such
report be submitted.
(2)
Storage. Combustible, flammable, explosive or other hazardous materials,
such as paints, volatile oils and cleaning fluids, and petroleum products,
shall not be accumulated or stored unless such storage complies with
the applicable requirements of applicable ordinances, building codes,
and fire codes.
C.
Unsafe principal structures and dwellings. The provisions of Chapter 68, entitled "Dwellings, Unfit," shall apply to principal structures and their exterior appurtenances, such as balconies, porches, etc., and be enforced by the Town Construction Official or Building Subcode Official.
D.
Unsafe accessory structures, including, but not limited to, detached
garages, sheds, fences, and other accessory structures. An unsafe
structure is one that is found to be dangerous to the life, health,
property or safety of the public or the occupants of the property
by not providing minimum safeguards to protect or warn occupants in
the event of fire, or because such structure contains unsafe equipment
or is so damaged, decayed, dilapidated, structurally unsafe or of
such faulty construction or unstable foundation that partial or complete
collapse is possible.
E.
Discarded appliances, including abandoned refrigerators, boilers,
hot-water heaters, television sets and other similar major appliances
that create a hazardous condition. For the purposes of this subsection,
"hazardous condition" shall include discarded appliances that are
leaking hazardous substances or have rusted or jagged surfaces that
can pose a danger to public safety or wildlife.
F.
Brush, grass, weeds, dead or dying trees and shrubs. Brush, grass, weeds, dead or dying trees and shrubs shall be maintained in compliance with Chapter 45 of the Code.
G.
Recurring accumulations of stormwater, including stagnant surface
water or groundwater accumulations which create or are likely to create
breeding areas for mosquitoes and other insects. This subsection shall
be enforced by the local Board of Health.
H.
Infestations of rodents, vermin, pest infestations, and conditions
causing same. This subsection shall be enforced by the local Board
of Health.
A.
Enforcement Officer. Unless otherwise noted herein, it shall be the
duty and responsibility of the Town Code Enforcement Official or its
authorized representative to enforce the provisions of this code as
herein provided.
B.
Coordination of enforcement.
(1)
Inspection of premises and the issuing of orders in connection therewith
under the provisions of this code shall be the exclusive responsibility
of the Town Code Enforcement Official.
(2)
Wherever, in the opinion of the Enforcement Officer, it is necessary
or desirable to have inspections of any condition by any other department,
the Town Code Enforcement Official shall arrange for this to be done.
(3)
No order for correction of any violation under this code shall be
issued without the approval of the Enforcement Officer, and it shall
be the responsibility of the Enforcement Officer before issuing any
such order to determine that it has the concurrence of any other department
or official of the government concerned with any matter involved on
the case in question.
C.
Inspections. The Town Code Enforcement Official is authorized to
enter upon any land, with the permission of the property owner, to
perform his or her duty under this code or by way of a search warrant
if required by law.
D.
Enforcement procedure.
(1)
Notice.
(a)
Whenever the Town Code Enforcement Official, or other official
authorized to enforce the provisions of this section, determines that
there is or has been a violation of any provision of this chapter,
he or she shall give notice of such violation to the person, persons
or entities responsible therefor under this section.
(b)
Such notice shall be in writing and shall contain the following
information:
[1]
The address and block and lot of the property.
[2]
A concise statement of the reasons for its issuance.
[3]
Directions, including a time limitation, on how to remedy the
violation.
[4]
Information regarding the right to appeal.
[5]
Information regarding the Town's ability to remedy the
violation and file a lien on the subject property for the costs thereof.
(c)
Such notice shall be deemed to be properly and sufficiently
served if a copy thereof is sent by regular mail to the last known
address of the person or entity upon which the same is served, as
shown by the most recent tax records of the Town, or a copy thereof
handed to said person or persons, or a copy thereof left at the usual
place of abode or office of said persons or entities.
(d)
Notice shall be given as aforesaid within or without the Town
and shall state that unless the violation is abated, removed, cured,
prevented or desisted within 30 days of the date of service of such
notice (exclusive of the date of service), a summons shall be issued
for such violation and the Town, within its discretion, may abate,
remove, cure, prevent or desist the violation with the cost to be
paid by the owner of the property and a lien filed against the property.
(2)
Extension of time for compliance. The Town Code Enforcement Official
may extend the period for compliance with the requirements of this
section in regard to the violation stated in the notice for a period
in excess of the aforesaid 30 days if, in his/her judgment, the abatement,
removal, prevention, cessation or cure of the condition violated cannot
reasonably be effected within the thirty-day period, and in such cases,
the Town Code Enforcement Official shall state such reasonably required
extended period in the notice, which shall then be applicable instead
of the aforesaid 30 days.
(3)
Issuance of summons.
(a)
In the event that the violation is not abated, removed, cured,
prevented or desisted from or otherwise fully remedied by the property
owner within said thirty-day period or within such extended period
as set forth in the notice, pursuant to the foregoing, a summons shall
be issued against the person, persons, entity or entities so notified.
(b)
Any extension beyond 60 days must be approved by the Mayor and
Council.
(4)
Cost of abatement. Where abatement of any condition in violation
of this chapter was accomplished and the premises brought into compliance
with this chapter through the expenditure of Town funds, such costs
shall be assessed against the premises cited as a lien in the same
manner as real estate taxes if ordered by the court and enforced by
the same officers and in the same manner as taxes.
E.
Citizen complaints.
(1)
Citizens may make complaints to the Code Enforcement Official regarding
violations of this property maintenance code. Each complaint must
be submitted to the Code Enforcement Official, or his or her designee,
in person. The Code Enforcement Official shall develop a complaint
form requiring the following information:
(a)
Date of complaint;
(b)
Property address (including block and lot) of the property containing
the alleged violation;
(c)
The specific nature, extent and location, within the premises,
of the alleged violation; and
(d)
The action requested to be taken upon the complaint by the Code
Enforcement Official.
(2)
Each complaint form shall be signed by the Code Enforcement Official,
or designee, who takes the complaint, and a copy of the signed, filled-in
complaint form shall be given to the complainant at the conclusion
of the interview from which the filled-in complaint form is derived.
If the nature of the complaint is such that it does not provide a
factual basis for a violation of this property maintenance code, it
shall be so stated, in writing, on the complaint form prior to giving
a copy to the complainant. All complaints providing a factual basis
for a violation of this property maintenance code shall be investigated,
and the complained-of premises shall be inspected for such violation
by the appropriate Code Enforcement Official within 10 business days
of the date of the complaint, unless the premises complained of are
under investigation for the same or similar violation at the time
the complaint is made or the premises complained of have, within six
months of the complaint, been inspected in a manner which should have
detected the complained-of violation. In the event that the premises
complained of are under investigation at the time the complaint is
made, the new complaint shall be added to and made a part of such
existing investigation.
F.
Emergency conditions.
(1)
Whenever the Town Code Enforcement Official finds that an emergency condition in violation of this chapter exists and that such condition requires immediate attention in order to protect the public health or safety, he or she may issue an order by service of notice as set forth in Subsection D, above, reciting the existence of such emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency.
(2)
Notwithstanding any other provision of this chapter to the contrary,
such order shall be effective immediately. Any person to whom such
an order is directed shall comply therewith immediately, but upon
objection, in writing, to the Town Code Enforcement Official, any
such person shall be afforded a hearing before the governing body
of the Town as soon as is reasonably possible.
(3)
After such hearing and decision by the governing body as to the existence
or nonexistence of the emergency condition, the governing body may
continue such order in effect, or modify or withdraw it, subject to
the issuance of a summons for violation thereof if such order is continued.
Any person or entity who shall violate any of the provisions
of this chapter shall, upon conviction, be punished as follows:
A.
For the first offense, by a fine not to exceed $250 or $50 per day.
B.
For a second offense, by a fine not to exceed $500 or $100 per day.
C.
For a third offense or any subsequent offenses, by a fine not to
exceed $1,000 or $200 per day.
D.
Each day that a violation occurs may be considered a multiple violation,
and it will not be necessary to issue subsequent summons for each
violation.
Within 10 days of notification of violation of this code, an
owner, operator, or tenant may appeal for relief from the provisions
of this code to the Board of Adjustment. Said appeal shall be acted
upon within 45 days of the date of appeal, and if action is not taken
during that time period or during an extension of that period, as
agreed to between the owner, operator, or tenant and the Code Enforcement
Official, the relief shall be considered granted.
