[HISTORY: Adopted by the Township Committee of the Township of Hampton
7-29-1997 by Ord. No. 97-11. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance and
condition of nonresidential premises, to fix certain responsibilities and
duties upon owners and operators and upon occupants, to authorize and establish
procedures for inspection of nonresidential premises and fix penalties for
violations of this chapter.
The following terms, whenever used herein or referred to in this chapter,
shall have the respective meanings assigned to them unless a different meaning
clearly appears from the context:
A structure, the use of which is incidental to that of the principal
building on the premises, including driveways, parking lots and other structures
designed for use by business invitees and the general public.
The condition or appearance of a building or 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.
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.
Any attractive nuisance which may prove detrimental to the health or
safety of children, whether in a building or on the premises of a building
or upon an unoccupied lot. This includes but is not limited to abandoned wells,
shafts, basements, excavations, abandoned refrigerators and motor vehicles;
structurally unsound fences or structures; and lumber, trash, fences, debris
or vegetation, such as poison ivy, oak or sumac which may prove a hazard for
inquisitive minors.
Physical conditions dangerous to human life or detrimental to health
of persons on or near the premises where the conditions exist.
Inadequate or unsanitary sewage or plumbing facilities in violation
of township ordinances.
The accumulation of snow and/or ice on sidewalks.
[Added 2-14-2006 by Ord. No. 2006-4]
Any person who has charge, care of or control of a premises or a
part thereof, whether with or without the knowledge and consent of the owner.
Any person who, alone or jointly or severally with others, shall
have legal or equitable title to any premises with or without accompanying
actual possession thereof or shall have charge, care or control of any nonresidential
premises as owner or agent of the owner or as a fiduciary, including, but
not limited to executor, executrix, administrator, administratrix, trustee,
receiver or guardian of the estate, or as a mortgagee in possession regardless
of how such possession was obtained. Any person who is a lessee, subletting
or reassigning any part or all of any premises shall be deemed to be a co-owner
with the lessor and shall have joint responsibility over the portion of the
premises sublet or assigned by the lessee.
The Construction Official of the Township of Hampton.
A combination of materials, whether fixed or portable, forming a
construction, including buildings, walks, drives, parking areas, swimming
pools and the like.
A.
Applicable to all nonresidential buildings and structures.
Every nonresidential building and the premises on which it is situated in
the township or used or intended to be used for commercial business or industrial
occupancy shall comply with the provisions of this chapter, whether or not
the buildings shall have been constructed, altered or repaired before or after
the enactment of this chapter and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the building or for
the installation or repair of equipment or facilities prior to the effective
date of this chapter.
[Amended 4-27-2004 by Ord. No. 2004-3]
In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinance of the Township 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 chapter impose a lower standard than any other ordinance of the Township or of the laws of the State of New Jersey, then the higher standard contained in any other ordinance or law shall prevail. Violations of § 42-6A(1) for brush and weeds may, at the election of the Township, be sought to be abated under this chapter and/or Chapter 41 of the Revised Code of the Township of Hampton.
After the effective date of this chapter, all licenses and permits shall
be issued upon compliance with this chapter, where applicable, as well as
compliance with the ordinances under which such licenses and permits are granted.
A.
Maintenance of exterior of premises. The exterior of
the premises and all structures thereon, occupied or unoccupied, including
lands used or available for agricultural use and including all walkways, drives
and parking areas, shall be kept free of all nuisances, of any hazards to
the safety of occupants, pedestrians and other persons who, either as customers
or otherwise, are utilizing the premises; 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 premises free of hazards, which include
but are not limited to the following:
[Amended 4-27-2004 by Ord. No. 2004-3]
(1)
Brush and weeds. Brush, weeds (biennial and/or perennial,
including but not limited to thistle and burdock), broken glass, stumps, roots,
obnoxious growth, filth, garbage, trash, refuse and debris.
(2)
Natural growth. Dead and dying trees and limbs or other
natural growth which, by reason of rotting or deteriorating conditions or
storm damage, constitute a hazard to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhanging. Loose and overhanging objects and accumulations
of ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
(4)
Ground surface hazards or unsanitary conditions. Holes,
excavations, breaks, projections, potholes, obstructions, icy conditions,
uncleared snow and excretion of pets and other animals or other defects in
or 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, potholes and excavations shall be filled and repaired, walks
and steps replaced and other conditions removed, where necessary, to eliminate
hazards or insanitary conditions with reasonable dispatch upon their discovery.
(5)
Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
(6)
The existence of snow and /or ice on sidewalks. All snow and/or
ice shall be removed from all sidewalks within 24 hours of the accumulation
of snow and/or ice on the sidewalk or within 24 hours of the ceasation of
a snow or ice storm, whichever is sooner.
[Added 2-14-2006 by Ord. No. 2006-4]
A.
General and specific provisions. Upon discovery by an
occupant of any condition of the premises which constitute a violation of
this chapter, the occupant shall report the same to the public officer responsible
for enforcement hereunder.
A.
Enforcement by Construction Official. The Construction
Official is designated to serve as the enforcing officer hereunder, and all
inspections, regulations, enforcement and hearings on violations of the provisions
of this chapter, unless expressly stated to the contrary, shall be under his
discretion and supervision. He may appoint or designate such other public
officials or employees of the township to perform such duties as may be necessary
to the enforcement of this chapter, including the making of inspections.
B.
Inspections. All premises subject to this chapter are
subject to an inspection, from time to time, by the enforcing official during
regular open hours of the business occupying the premises.
C.
Violations.
(1)
Contents of notice. The notice shall specify the violation or violations, what must be done to correct the same, a reasonable period of time not to exceed 14 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order of the public officer in 10 days after service unless a hearing is requested pursuant to Subsection C(4) below.
[Amended 4-27-2004 by Ord. No. 2004-3]
(2)
Contents of notice. The notice shall specify the violation or violations, what must be done to correct the same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order of the public officer in 10 days after service unless a hearing is requested pursuant to Subsection C(4) below.
(3)
Service of notice. Notice may be served personally or
by certified mail, return receipt requested, and regular mail upon the owner.
Where the owner does not reside on the premises, the last known address shall
be the address of the owner as shown in the office of the Tax Collector. Service
upon an owner, operator or occupant may also be attained by service of any
notice upon a member of the family of the owner, operator or occupant.
(4)
Notice to become an order unless hearing requested. After
10 days of the date of service of the notice, the notice shall constitute
a final order unless any person affected by the notice requests a hearing
thereon and serves a written request within the ten-day period in person or
by mail on the enforcing officer. The request for a hearing shall set forth
briefly the grounds or reasons on which the request for hearing is based and
the factual matters contained in the notice of violation which are to be disputed
at the hearing. The enforcing official shall upon receipt of the request set
the matter down for a hearing, which hearing shall be held within 30 days
upon at least five days' notice to the appellant. Any hearing may be extended
by the enforcing official for good cause for an additional period of time
not to exceed 30 days.
(5)
Testimony. At the time set for the hearing, the appellant
may present such evidence or testimony in his behalf as he may deem necessary
and desirable. The proceedings of such hearing, including the findings and
decision of the enforcing official, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Municipal Clerk.
An aggrieved appellant may thereafter appeal to the Superior Court, Law Division.
The penalties in § 1-14.1 of the Hampton Township Code shall apply.
