[HISTORY: Adopted by the Mayor and Council of the Borough
of Chatham 12-10-2012 by Ord. No. 12-17.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Fertilizer — See Ch. 130.
Snow and ice removal — See Ch. 228.
Solid waste — See Ch. 233.
Street and sidewalk encumbrances — See Ch. 240.
[1]
Editor's Note: This ordinance also repealed former Ch. 204,
Property Maintenance, adopted 4-8-1991 by Ord. No. 5-91 (Ch. 113 of
the 1975 Code), as amended.
A.
Title. This chapter shall be known as the "Property Maintenance Code
of the Borough of Chatham."
B.
Legislative findings. It is hereby found and declared that there
exist in the Borough of Chatham structures used for residential, nonresidential
or mixed-use occupancy which are, or may become in the future, substandard
with respect to structure, equipment or maintenance or, 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
or unsanitary conditions and overcrowding constitute a menace to the
health, safety, welfare and reasonable comfort of the citizens and
inhabitants of the Borough of Chatham. 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 large amounts of public funds to correct and eliminate
the same, and that by reason of timely regulations and restrictions
as herein contained, blight may be prevented and the neighborhood
and property values in the Borough thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
C.
Purposes. The purposes of this code are to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of residential, nonresidential
premises and mixed-occupancy buildings, to establish minimum standards
governing utilities, facilities and other physical components and
conditions essential to make the aforesaid facilities fit for human
habitation, occupancy and use, to fix certain responsibilities and
duties upon owners, occupants and operators, to authorize and establish
procedures for the inspection of residential, nonresidential and mixed-occupancy
structures or premises, to establish procedures for implementing the
requirements of this code, to fix penalties for the violations of
this code and to provide for the repair or vacation of premises found
to be in violation of this code.
D.
Applicability. Every residential, nonresidential or mixed-use occupancy
building and the premises on which it is situated, used or intended
to be used for dwelling, commercial, business or industrial occupancy
shall comply with the provisions of this code, whether or not such
structure 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 or 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.
E.
Conflict with other provisions. In any case where the provisions
of this code impose a higher standard than set forth in any other
chapter, other local ordinance 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 other
chapter, other local ordinance or of the laws of the State of New
Jersey, then the higher standard contained in any such other chapter,
ordinance or law shall prevail. In addition, nothing contained herein
shall in any way abrogate the authority of the Health Officer and/or
Board of Health to enforce the provisions of the Board of Health Code.
F.
Responsibilities. Unless expressly provided to the contrary in this
code, the respective obligations and responsibilities of the property
owner, operator and occupant shall not be altered or affected by any
agreement or contract by and between any of the aforesaid or between
them and other parties. The primary responsibility for compliance
with the provisions of this code shall be that of the property owner.
G.
Effect on other provisions. 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 or use of such 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 Borough from enforcing
any such other provision.
H.
All rights reserved. This code contains substantial copyrighted material from Chapter 3 of the 2012 International Property Maintenance Code, which is a copyrighted work owned by the International Code Council, Inc. The copyrighted material is identified by the (IPMC) designation following the text. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233).
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NOTE: Trademarks: "International Code Council," the "International
Code Council" logo and the "International Property Maintenance Code"
are trademarks of the International Code Council, Inc.
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A.
Whenever, in describing or referring to any person, party, matter
or thing, any word importing the singular number or masculine gender
is used, the same shall be understood to include and to apply to several
persons or parties as well as to one person and to females as well
as males and to bodies corporate as well as individuals and to several
matters and things as well as one matter or thing.
B.
The following terms, wherever used herein or referred to in this
code, shall have the respective meanings assigned to them, unless
the context clearly indicates a different meaning.
C.
BATHROOM
BUILDING
DWELLING UNIT
EXTERIOR PROPERTY
GARBAGE
INFESTATION
LODGING UNIT
MIXED OCCUPANCY
NUISANCE
OCCUPANT
OPERATOR
OWNER
PERSON
PREMISES
PROPERTY MAINTENANCE OFFICER
REFUSE
RUBBISH
STRUCTURE
WINDOW
WINDOW DISPLAY AREA
Words not defined herein shall be given their common and ordinary
meaning.
Any enclosed space which contains one or more of the following,
i.e., bathtub, shower, water closet, lavatory, water closet compartment,
washbowl sink or fixtures serving similar purposes.
Any building or structure, or part thereof, used for human
habitation, use or occupancy and includes any accessory buildings
and appurtenance belonging thereto or usually enjoyed therewith.
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit for one or more persons,
including permanent provisions for living, sleeping, cooking, eating
and bathrooms.
The open area of a premises.
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
The presence within or contiguous to a structure or building
of insects, rodents or other pests.
A rented room or group of rooms containing no cooking facilities,
used for living purposes by a separate family or group of persons
living together or by a person living alone, within a building.
Any building containing one or more dwelling units or lodging
units and also having a portion thereof devoted to nonresidential
uses.
Any person or persons living or sleeping in a building or
any part thereof, or having possession of a space within a building,
including the owner.
Any person who has charge, care or control of a premises,
or part thereof, whether with or without the knowledge and consent
of the owner.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in a property.
The same meaning as defined in N.J.S.A. 1:1-2.
A lot, plot or parcel of land structure and any buildings
or structures located thereon.
The Borough official who is charged with administration and
enforcement of this code, or any duly authorized representative.
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and industrial wastes.
(See also the definitions of "garbage" and "rubbish.")
Combustible and noncombustible waste material, except garbage.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
An opening in the wall or roof of a building for the admission
of light, which opening may be closed to the elements by casements
or sashes containing glass or other transparent or translucent material.
That area of a building in proximity to the inner surface
of a window which is designed or used for the viewing of the interior
and the display of items representative of any goods or services pertaining
to the business therein.
A.
Property Maintenance Officer. The provisions of this code shall be
enforced by the Zoning Officer or his/her designated representative,
who shall be referred to herein as the "Property Maintenance Officer."
B.
Enforcement procedure.
(1)
Where a violation of this code is found to exist, a written notice
from the Property Maintenance Officer shall be served upon the owner,
operator or occupant who shall be responsible for correcting such
condition. The notice shall contain the following:
(a)
An identification of the conditions constituting the violation(s)
and why the notice is being issued;
(b)
The necessary corrective actions;
(c)
A reasonable time period, not to exceed 60 days, to correct
or abate the violation;
(d)
The right of the person in violation to request a hearing;
(e)
A statement that the notice shall become a final order of the
Property Maintenance Officer in 10 days after service, unless a hearing
is requested, in writing, within that time period; and
(f)
A statement that, if the owner, operator or occupant fails to
comply with the notice, the Property Maintenance Officer may cause
the removal and/or abatement of such violation(s) and assess the cost
of said removal or abatement against the premises.
(2)
The notice shall be served personally or by certified mail at the
last known address of the owner, operator or occupant alleged to be
in violation. Where it is ascertained that the owner, operator, or
occupant does not reside on the premises and the last known address
cannot be ascertained, the notice may be posted in a conspicuous place
on the outside front entrance of the affected structure.
(3)
Service upon any owner, operator, or occupant may also be achieved
by service of any notice upon a member of the family of the owner,
operator, or occupant of the age of 14 years or over then residing
at the residence of such owner, operator or occupant.
(4)
After 10 days from the date of service of the notice, the notice
shall constitute a final order, unless any owner, operator, or occupant
alleged to be in violation request a hearing thereon before the Borough
Administrator or his/her designated representative by serving a written
request, in person or by certified mail, upon the Property Maintenance
Officer for such hearing. The request for hearing shall state briefly
the ground or reasons on which the request for hearing is based and
the factual matters contained in the notice of violation that are
disputed by the person alleged to be in violation. Appeals will be
granted strictly on factual matters. Upon receipt of the request for
hearing, the matter shall be set for hearing within 30 days therefrom
and with five days' notice to the party alleged to be in violation.
(5)
At the hearing provided for herein, the Borough Administrator or
his/her designated representative shall act as Hearing Officer and
consider the matter presented by the owner, operator, or occupant
alleged to be in violation, together with all other relevant evidence.
Within 10 days from the date of the hearing, the Borough Administrator
or his/her designated representative shall affirm, modify or vacate
the prior notice issued by the Property Maintenance Officer in any
manner deemed appropriate by him or her and consistent with the provisions
and enforcement of this code.
(6)
The Property Maintenance Officer may extend the time for correction
and abatement of any violation of this code for an additional period
of time not to exceed 30 days, except where major capital improvement
or renovations are involved, in which case the time for completion
may be extended for such a period of time as the Property Maintenance
Officer may deem reasonable and adequate.
C.
Inspections; violations and penalties.
(1)
When the Property Maintenance Officer believes or has reason to believe
that violations of the provisions of this code exist, he shall make
or cause to be made inspections to determine the condition of such
structures and premises in order to safeguard the safety and welfare
of persons and property and fulfill the provisions of this code.
(2)
The Property Maintenance Officer is authorized to enter occupied
structures or premises at reasonable times with reasonable prior notice
to inspect subject to permission by the owner, operator or occupant
in control of the premises and constitutional restrictions on unreasonable
searches and seizures. If the Property Maintenance Officer is denied
entry to any structure or premises after a request is made, the Property
Maintenance Officer may obtain an administrative search warrant or
other authorization from a court of competent jurisdiction to enter
the structure or premises and conduct the necessary and authorized
search. Such search warrant shall be requested from a court of competent
jurisdiction upon the submission of any photographs obtained from
public property or neighboring property and an affidavit stating the
reasons a violation exists of this code along with any other supporting
evidence justifying the issuance of the search warrant.
(3)
Abandoned structures and premises shall be subject to unrestricted,
complete and thorough Code inspections, including legal right of entry
into those structures found unsecured. All abandoned structures and
premises shall be subject to vigorous Code enforcement and it shall
be the duty of the Property Maintenance Officer to give abandoned
structures and lots priority enforcement to ensure public safety and
welfare.
(4)
An owner, operator, or occupant who violates this code by failure
to comply with an order entered by the Property Maintenance Officer
shall appear before the Municipal Judge for a hearing and/or imposition
of fines, sanctions, sentence, or any combination thereof. In addition,
the Property Maintenance Officer may cause the removal and/or abatement
of the violation(s), and the cost of said removal or abatement shall
be assessed against the property as provided herein.
(5)
Notwithstanding the foregoing, the Property Maintenance Officer may
also maintain an action or proceeding in a court of competent jurisdiction
to recover the costs of the removal and/or abatement and/or compel
compliance with or restrain by injunction the violation of the Code.
(6)
Each violation of a different section of this code shall constitute
a separate and distinct violation independent of any other section.
Each day's failure to comply with any provision of this code shall
constitute a separate violation.
D.
Withholding of strict enforcement. The Property Maintenance Officer
shall have the power to withhold strict enforcement of this code upon
written application therefor by an owner, operator, or occupant after
making a determination that:
(1)
Any variation or modification of a structure or use approved by the
Property Maintenance Officer is consistent with the intent and purpose
of this code and will not detrimentally affect the health or safety
of the owners, operators or occupants of the premises or the health,
safety or welfare of same or the owners, operators or occupants of
adjacent premises or of the Borough;
(2)
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
for the premises which would be substantially disproportionate to
any benefit to the health, safety or welfare that might be derived
therefrom; and
(3)
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this code.
A.
It shall be the duty and responsibility of the owner, operator or
occupant of all residential, nonresidential or mixed-use occupancy
premises to maintain the exterior of such premises in accordance with
the provisions hereinafter set forth.
B.
The exterior of the premises and all structures thereon shall be
maintained in a clean, safe and sanitary condition and shall be kept
free of all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises. It shall be
the duty of the owner, operator or occupant to keep the premises free
from nuisances, unsanitary conditions and hazards, which include but
are not limited to the following:
(1)
Rubbish: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris;
(2)
Natural growth: dead and dying trees or other natural growth that,
by reason of rotting or deteriorating condition or storm damage within
50 feet of a structure on an adjacent property or public right-of-way,
constitutes a hazard to persons or structures in the vicinity thereof;
(3)
Ground surface hazards and unsanitary conditions: holes, excavations
(except in areas of active construction), breaks, projections, obstructions,
icy conditions, and uncleared snow which are accessible to and are
used by the general public;
(4)
Dead and dying trees and limbs or other natural growth that, by reason
of rotting or deteriorating conditions or storm damage, constitute
a hazard and/or a potential hazard to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed to prevent such conditions;
(5)
Loose and overhanging objects and accumulations of ice and snow that,
by reason of location above ground level, constitute a danger of falling
on persons in the vicinity thereof;
(6)
Ground surface hazards or unsanitary conditions, holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow,
excretions of pets and other animals on paths, walks, driveways, parking
lots and parking areas and other parts of the premises which are accessible
to and used by persons on the premises. All such holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or unsanitary conditions
with reasonable dispatch upon their discovery; and
(7)
Sources of rodent harborage and infestation.
C.
The exterior of every structure or accessory structure, including
fences, roofs and gutters, shall be structurally sound and maintained
in good repair, and all surfaces thereof shall be kept painted, when
necessary, for the purpose of preservation and appearance. The same
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other conditions reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated and the
adjoining properties and the neighborhood protected from blighting
influences.
D.
Where exposed to public view, the landscaping of premises shall be
maintained in an orderly state with lawns and bushes trimmed and free
from becoming overgrown, littered and unsightly where such would constitute
a blighting effect, depreciating adjoining and nearby property. Open
areas shall be graded evenly to eliminate holes, depressions, gullies,
mounds, accumulations of debris, excavated material or other unsightly
or unsafe conditions.
E.
All permanent signs exposed to public view shall be maintained in
good repair. Any sign that has weathered excessively or faded or the
paint on which has excessively peeled or cracked shall, with the supporting
members, be removed forthwith or put into a state of good repair.
All nonoperative or broken electrical signs shall be repaired or shall,
with their supporting members, be removed forthwith.
F.
All windows exposed to public view shall be kept clean and free of
marks and foreign substances. Except when necessary in the course
of changing displays, no storage of materials, stock or inventory
shall be permitted in window display areas ordinarily exposed to public
view unless such areas are first screened by drapes, venetian blinds
or other means of making the windows nontransparent. All screening
of interiors shall be maintained in a clean and attractive manner
and in good state of repair.
G.
Any awning or canopy and its accompanying structural members that
extend over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall be so maintained as to
not constitute a nuisance or a safety hazard. In the event that any
such awning or canopy is not properly maintained in accordance with
the foregoing, it shall, together with its supporting members, be
removed forthwith. In the event that any such awning or canopy is
made of cloth, plastic or of similar materials, said materials, where
exposed to public view, shall be maintained in good condition and
shall not show evidence of excessive weathering, discoloration, ripping,
tearing or other deterioration. Nothing herein shall be construed
to authorize any encroachment of an awning or canopy or its accompanying
structural members on streets, sidewalks or other parts of the public
domain, except as otherwise provided by the Borough Code.
H.
No temporary painting scaffold or other temporary equipment used
for construction, repair or maintenance shall be permitted to remain
in place beyond a period of 10 days after erection or placement thereof
without permission of the Property Maintenance Officer.
I.
Compost pile(s) must comply with the following standards:
(1)
There shall be a limit of one compost pile on a premises. Any additional
compost piles must be approved by the Property Maintenance Officer.
(2)
Compost piles shall be located only in rear yards.
(3)
Compost piles shall have no obnoxious odors.
(4)
All compost piles shall be properly screened or fenced.
(5)
All compost piles shall be maintained in such a manner as not to
create a nuisance or serve as harborage for insects and rodents as
defined in Section II, Subsection 2.1 of the Public Health Nuisance
Code of New Jersey (1953) as adopted by the Borough Code.
(6)
Only vegetative yard waste (e.g., leaves, grass clippings, vegetative
garden debris) and vegetative kitchen waste (e.g., fruit and vegetable
scraps) shall be composted.
A.
Every structure and accessory structure and every part thereof shall
be kept structurally sound and in a state of good repair to avoid
safety, health or fire hazards, including but not limited to the following:
(1)
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. (IPMC).
(2)
Every building shall be so maintained as to be weathertight and watertight.
All exposed surfaces thereof subject to deterioration shall be protected
against weathering by a protective coating appropriate for the particular
material involved, as needed.
(3)
Basements, cellar and crawl spaces shall be free of moisture resulting
from seepage, and cross ventilation shall be required where necessary
to prevent accumulation of moisture and dampness and shall be maintained
at all times in a condition so as to be smooth, clean, free from cracks,
breaks and/or other hazards.
(4)
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 rodents and other pests. (IPMC). Foundation walls shall
also be kept structurally safe and sound, free from defects and damage
and shall be capable of bearing imposed loads safely.
(5)
All chimneys and flue and vent attachments thereto shall be maintained
structurally sound, free from defects and so maintained as to perform
capably at all times the functions for which they were designed. Chimneys,
flues, gas vents or other draft-producing equipment shall provide
sufficient draft to develop the rated output, and the connected equipment
shall be structurally safe, durable, smoketight and capable of withstanding
the action of flue gases.
(6)
Every exterior stairway, deck, porch and balcony and all appurtenances
attached thereto shall be maintained structurally sound, in good repair,
with proper anchorage and capable of supporting the imposed loads.
(IPMC).
(7)
All exterior surfaces, including, but not limited to, doors, door
and window frames, cornices, porches, trim, balconies, decks and fences,
shall be maintained in good condition. Exterior wood surfaces, other
than decay-resistant woods, shall be protected from the elements and
decay by painting or other protective covering or treatment. Peeling,
flaking and chipped paint shall be eliminated and surfaces repainted.
All siding and masonry joints as well as those between the building
envelope and the perimeter of windows, doors, and skylights shall
be maintained weather-resistant and watertight. All metal surfaces
subject to rust or corrosion shall be coated to inhibit such rust
and corrosion, and all surfaces with rust or corrosion shall be stabilized
and coated to inhibit future rust and corrosion. Oxidation stains
shall be removed from exterior surfaces. Surfaces designed for stabilization
by oxidation are exempt from this requirement. (IPMC).
(8)
All structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live
loads. (IPMC).
(9)
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 drains, gutters and downspouts shall be maintained in good repair
and free from obstructions. Roof water shall not be discharged in
a manner that creates a public nuisance. (IPMC).
(10)
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. (IPMC).
(11)
All overhang extensions, including, but not limited to, canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts shall be maintained in good repair and be properly anchored
so as to be kept in a sound condition. 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. (IPMC).
(12)
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition. (IPMC).
(13)
Every window, skylight, door and frame shall be kept in sound
condition, good repair and weathertight.
(14)
All exterior doors, door assemblies 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. (IPMC).
(15)
Every basement window that is openable shall be supplied with
rodent shields, storm windows or other approved protection against
the entry of rodents. (IPMC).
(16)
Doors, windows or hatchways for dwelling units, room units or
housekeeping units shall be provided with devices designed to provide
security for the occupants and property within. (IPMC).
A.
The interior of a structure and equipment therein shall be maintained
in good repair, structurally sound and in a clean and sanitary condition.
B.
All structural members shall be maintained structurally sound, free
from deterioration and capable of safely bearing imposed loads.
C.
All interior surfaces, including windows and doors, shall be maintained
in good, clean and sanitary condition. Peeling, chipping, flaking
or abraded paint shall be repaired, removed or covered. Cracked or
loose plaster, decayed wood and other defective surface conditions
shall be corrected. (IPMC).
D.
Every stair, ramp, landing, balcony, porch, deck or other walking
surface shall be maintained in sound condition and good repair. (IPMC).
E.
Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good
condition. (IPMC).
F.
The floors, interior walls and ceilings of every structure shall
be structurally sound and maintained in good repair and in a clean
and sanitary condition. Floors shall be considered to be structurally
sound when capable of safely bearing normal imposed loads. Walls and
ceilings shall be considered to be in good repair when they are reasonably
free from cracks, breaks, loose or defective plaster, sheetrock, wallboard
or particleboard, excessive blistering paint and similar conditions.
G.
Bathrooms shall be kept in a dry, clean and sanitary condition at
all times.
H.
Garbage and rubbish shall be disposed of in the following manner:
(1)
Garbage and rubbish must be disposed of in a clean and sanitary manner.
(2)
Garbage and rubbish must be stored in watertight nonleaking receptacles,
or such other material approved by the sanitarian, and covered with
tight-fitting lids until removed from the premises for disposal.
(3)
Receptacles must be kept in areas of smooth, easily cleanable construction.
(4)
Receptacles for garbage and rubbish located outside of a structure
or building shall be maintained free of litter. Any structure or fence
which screens said receptacles must be maintained in good repair and
in a safe sanitary condition.
(5)
Garbage and rubbish must be disposed of using Borough-approved garbage
bags.
With respect to residential structures and premises, the New
Jersey State Housing Code, N.J.A.C. 5:28 et seq., as amended from
time to time and as approved by the Department of Community Affairs
and filed in the Secretary of State's office, is hereby accepted,
adopted and established as a standard to be used in determining whether
residential structures, premises or dwellings in this municipality
are safe, sanitary and fit for human habitation. A copy of the New
Jersey State Housing Code is annexed to this code and copies of the
same have been placed on file in the office of the Borough Clerk and
are available to all persons desiring to use and examine the same.
A.
The presence upon lands lying within the corporate limits of the
Borough of brush, weeds, dead and dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris is decreed to be detrimental
to public health, safety and the general welfare and likely to present
a fire hazard.
B.
The owner, operator or occupant of property lying within the corporate
limits of the Borough is required to remove or cause to be removed
from such lands any brush, weeds, dead and dying trees, stumps, roots,
obnoxious growth, filth, garbage, trash and debris within 10 days
after receipt by such owner, operator or occupant of written notice
from the Property Maintenance Officer.
C.
Notice to the owner, operator or occupant to cause the removal of
any brush, weeds, dead and dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash and debris shall be given by the Property Maintenance
Officer and may be served upon any such owner, operator or occupant
either personally or by certified mail. The notice shall, in addition
to requiring the removal aforesaid, advise the owner, operator or
occupant of the lands to which such notice refers that failure to
accomplish such removal within the time stated therein will result
in removal by or under the direction of the Property Maintenance Officer
and the cost of such removal shall become a lien upon the lands and
be collected as provided by N.J.S.A. 40:48-2.14 and herein.
D.
Whenever the owner, operator or occupant of such lands within the
Borough fails to remove any brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris from such
lands within the time prescribed by the notice required pursuant to
this code, such removal shall be accomplished by or under the direction
of the Property Maintenance Officer. An accurate record of the cost
of such removal shall be determined by the Property Maintenance Officer,
who shall certify the cost thereof to the Borough Council. The amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form part of the taxes next to be assessed
and levied upon such lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
This section is enacted pursuant to N.J.S.A. 40:48-2.12f which
authorizes the Borough to, by resolution of the Borough Council, abate
a nuisance, correct a defect, or put the premises in proper condition
so as to comply with the requirements of the Borough Code or state
law applicable thereto, at the cost of the owner, operator or occupant,
and expend municipal funds for such purpose and charge the same against
the premises. The amount thereof as determined by the Borough Council
to be reasonable and just shall be a lien against the premises and
shall be added to and become and form part of the taxes next to be
assessed and levied upon the premises, the same to bear interest at
the same rate as taxes, and shall be collected and enforced by the
same officers and in the same manner as taxes.
A.
The Borough Administrator, or his/her designee, is hereby designated
and appointed as the Public Officer of the Borough of Chatham for
purposes of this section. The Public Officer shall exercise the powers
and duties prescribed by this chapter pursuant to the provisions of
N.J.S.A. 40:48-2.3 et seq.
B.
It is hereby found and declared that the existence or occupation
of any building(s), or parts thereof, lying within the corporate limits
of the Borough, which are so old, dilapidated, or have become so out
of repair as to be dangerous, unsafe, unsanitary or otherwise unfit
for human habitation or occupancy or use are inimical to the welfare
and dangerous and injurious to the health and safety of the people
of this Borough, and a public necessity exists for the repair, closing
or demolition of such building(s), or parts thereof.
C.
Whenever a petition is filed with the Public Officer by a public
authority or by at least five residents of the municipality, charging
that any building is unfit for human habitation or occupancy or use,
or whenever it appears to the Public Officer that any building is
unfit for human habitation or occupancy or use, the Public Officer
shall, if his preliminary investigation discloses a basis for such
charges, issue and cause to be served upon the owner and any parties
in interest in such building a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Public Officer or his designated agent, at a place therein fixed,
not less than seven days nor more than 30 days after the service of
said complaint; and that the owner and parties in interest shall be
given the right to file an answer to the complaint and to appear in
person or otherwise give testimony at the place and time fixed in
the complaint; and that the strict rules of evidence prevailing in
the courts of New Jersey shall not be controlling at the hearing.
D.
The Public Officer may determine that a building is unfit for human
habitation, occupancy or use if he finds that conditions exist in
such building which are dangerous or injurious to the health or safety
of the occupants of such building, the occupants of neighboring buildings
or other residents of the Borough of Chatham, including but not limited
to defects therein increasing the hazards of fire, accident or other
calamities, lack of adequate ventilation, light or sanitary facilities,
dilapidation, disrepair, structural defects, uncleanliness and failure
to comply with the requirements of this code or the certificate of
occupancy.
E.
If, after notice and hearing as set forth herein, the Public Officer
determines that the building under consideration is unfit for human
habitation or occupancy or use, he/she shall state in writing his
findings of fact in support of such determination and shall issue
and cause to be served upon the owner thereof and parties in interest
an order requiring the repair, alteration or improvement of said building
to be made by the owner within a reasonable period of time as established
by the Public Officer, but not to exceed 30 days, or permitting the
owner, at his option, to vacate or have said building vacated and
closed within the time set forth in the order.
F.
If, however, the building is in such a condition as to make it dangerous
to the health and safety of persons on or near the premises and the
owner fails to repair, alter or improve said building within the time
specified in the order, then the owner shall be required to remove
or demolish said building within a reasonable period of time as established
by the Public Officer, but not to exceed 30 days, as specified in
the order of removal.
G.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Public Officer may cause such building to be repaired, altered
or improved or to be vacated and closed.
H.
If the owner fails to comply with an order to remove or demolish
the building, the Public Officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for and receipt of bids therefor.
I.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges incurred in the course of any proceeding
taken under this act determined in favor of the municipality and such
cost of such repairs, alterations, improvements or the removal or
demolition of the building or any part(s) thereof, if any, or the
amount of the balance thereof remaining after deduction of the sum,
if any, realized from the sale of materials derived from such building
or from any contract for removal or demolition thereof shall be a
municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished by order of the
Public Officer, he shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof
the proceeds of any sale of such materials or any sum derived from
any contract for the removal or demolition of the building. If there
are no such credits or if the sum total of such costs exceeds the
total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Tax Assessor or other
custodian of the records of tax liens, and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceed such costs, the balance remaining shall be deposited
in the Superior Court by the Public Officer and shall be secured in
such manner as may be directed by such court and shall be disbursed
according to the order or judgment of the court to the persons found
to be entitled thereto by final order or judgment of such court.
J.
Nothing in this section shall be construed to impair or limit in
any way the Borough's authority to define and declare nuisances and
to cause their removal or abatement, by summary proceedings or otherwise.
K.
Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate set forth in Subsection A above, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
L.
The Public Officer is further hereby authorized to exercise such
powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following
powers in addition to others herein granted:
(1)
To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation
or occupancy or use.
(2)
To administer oaths, affirmations, examine witnesses and receive
evidence.
(3)
To enter upon premises for the purpose of making examinations, provided
that such entry shall be made in such a manner as to cause the least
possible inconvenience to the persons in possession.
(4)
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
(5)
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
[Added 4-11-2017 by Ord.
No. 17-05]
A.
A creditor filing a summons and complaint in a foreclosure action
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of vacant and abandoned residential properties on
which a foreclosure action has been filed, and, if the creditor is
located outside the State of New Jersey, shall be responsible for
appointing an in-state representative or agent to act for the foreclosing
creditor.
B.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property in the Borough of Chatham shall,
within 10 days of serving the summons and complaint, notify the Borough
Clerk that a summons and complaint in an action to foreclose on a
mortgage has been filed against the subject property. The notice shall
contain the name and contact information for the representative of
the creditor who is responsible for receiving complaints of property
maintenance and code violations. The notice may contain information
about more than one property. The notice may be provided by mail or
electronic communication, at the discretion of the Borough Clerk,
pursuant to N.J.S.A. 46:10B-51 et seq.
C.
In the event the creditor is located outside the State of New Jersey,
the notice shall designate an in-state representative or agent to
act for the creditor and shall provide the full name and contact information
of the in-state representative responsible for the care, maintenance,
security and upkeep of the exterior of the property. A creditor located
outside the State of New Jersey found by any court of competent jurisdiction
to be in violation of this requirement shall be subject to a fine
of $2,500 for each day of the violation, commencing on the day after
the ten-day period for providing notice to the Borough Clerk that
a summons and complaint in a foreclosure action has been served.
D.
The Property Maintenance Officer, or his/her designee, shall be authorized
to issue a notice to the creditor filing the summons and complaint
in a foreclosure action, or the representative or agent of any creditor
located outside the State of New Jersey, as applicable, if the Property
Maintenance Officer determines that the creditor has failed to provide
for the care, maintenance, security and upkeep of the exterior of
the property on which a foreclosure action has been filed. The notice
shall provide a period of 30 days from receipt of the notice to correct
the violation, 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. A creditor found by
any court of competent jurisdiction to be in violation of the requirement
to provide for the care, maintenance, security, and upkeep of the
exterior of vacant and abandoned residential properties on which a
foreclosure action has been filed pursuant to this section shall be
subject to a fine of $1,500 for each day of the violation, commencing
31 days following receipt of the notice, except a violation that presents
an imminent risk to public health and safety, in which cases any fines
shall commence 11 days following receipt of the notice.
E.
In accordance with N.J.S.A. 46:10B-51 et seq., if the owner of a
residential property vacates or abandons any property on which a foreclosure
proceeding has been initiated, or if a residential property becomes
vacant at any point subsequent to the creditor's filing of the summons
and complaint in an action to foreclose on a mortgage against the
subject property, but prior to vesting of title in the creditor or
any other third party, and the exterior of the property is found to
be a nuisance or in violation of any applicable state law or Borough
ordinance, the Property Maintenance Officer, or his/her designee,
shall notify the creditor or the representative or agent of any creditor
located outside the State of New Jersey, as applicable, which shall
have the responsibility to abate or correct the violation in the same
manner and to the same extent as the title owner of the property,
to the standard and specification required by state law or Borough
ordinance. The notice shall include a description of the condition
which gave rise to the violation with the notice of violation, and
shall provide a period of 30 days of the creditor's receipt of the
notice for the creditor to remedy the violation. If the creditor fails
to remedy the violation within that time period, the Borough may impose
penalties allowed for the violation of its ordinances pursuant to
N.J.S.A. 40:49-5.
F.
If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the § 204-11D, but failed to abate the nuisance or correct the violation as directed, the Borough shall have the same recourse against the creditor as it would have against the title owner of the property, including, but not limited to, the recourse provided under § 42 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
[Added 5-8-2023 by Ord. No. 23-04]
A.
Required initial inspection. The owner, landlord, and/or agent of
every single-family, two-family, and/or multiple-dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards within two years of the effective date of
the law,[1] July 2, 2022, or upon tenant turnover, whichever is earlier.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
B.
Required recurring inspection. During the initial inspection required by § 165-171C and D, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
C.
Standards. Inspections for lead-based paint in rental dwelling units
shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1
et seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time
to time.
D.
Exceptions. A dwelling unit in a single-family, two-family, or multiple-rental
dwelling shall not be subject to inspection and evaluation for the
presence of lead-based paint hazards, or for the fees for such inspection
or evaluation, if the unit:
(1)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978; or
(3)
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations form the most recent cyclical inspection performed
on the multiple dwelling under the Hotel and Multiple Dwelling Law,
N.J.S.A. 55:13A-1 et seq.; or
(4)
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
(5)
Has a valid lead-safe certification issued in accordance with N.J.S.A.
52:27D-437.16d(2).
E.
If lead-based paint hazards are identified, then the owner of the
dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16d.
Upon the remediation of the lead-based paint hazard, the Borough Code
Enforcement Officer or designee, as may be applicable, or the owner's
private lead inspector shall conduct an additional inspection of the
unit to certify that the hazard no longer exists.
F.
If no lead-based paint hazards are identified, then the Borough Code
Enforcement Officer or designee or the owner's private lead inspector
shall certify the dwelling as lead-safe on a form prescribed by the
Department of Community Affairs, which shall be valid for two years
and shall be filed with the Borough's Code Enforcement Officer.
The Borough Code Enforcement Officer shall maintain up-to-date information
on inspection schedules, inspection results, tenant turnover and a
record of all lead-free certifications issued pursuant to N.J.A.C.
5:17.
G.
In accordance with N.J.S.A. 52:27D-437.16e, property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Borough of Chatham at the time of the
cyclical inspection.
(2)
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
(3)
Maintain a record of the lead-safe certification, which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
H.
Fees.
(1)
Notwithstanding any other fees due pursuant to this chapter, a fee in the amount of $200 shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this section and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 204-12A, in which case no additional lead-based paint inspection fee shall be paid.
(2)
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
(3)
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
I.
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19,
the penalties for a violation of this section shall be as follows:
(1)
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
(2)
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
J.
Severability. If any section, paragraph, clause, or provision of
this section shall be adjudged invalid, such adjudication shall apply
only to the section, paragraph, clause, or provision so adjudged,
and the remainder of this section shall be deemed valid and effective.
K.
Repeal of prior ordinances. All ordinances or parts of ordinances
inconsistent with or in conflict with this section are hereby repealed
to the extent of such inconsistency.
L.
Effective date. This section shall take effect after final passage
and publication as provided by law.
