[HISTORY: Adopted by the Township Committee
of the Township of Delanco 9-8-1997 by Ord. No. 6-1997. Amendments
noted where applicable.]
It is hereby found and declared that there exist
in the township structures and vacant lots which are or may become
in the future substandard with respect to structural integrity, equipment
or maintenance, and, further, that such conditions, including but
not limited to structural deterioration, a lack of maintenance or
upkeep of essential facilities and utilities and the existence of
fire hazards and unsanitary conditions, constitute a menace to the
health, safety, welfare and reasonable comfort of the citizens and
inhabitants of the township. It is further found and declared that,
by reason of a lack of maintenance and the ensuing progressive deterioration,
certain properties have the further effect of creating blighting conditions
and that, by reason of timely regulations and restrictions as herein
contained, the growth of this blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of dwellings and neighborhoods enhanced and the public health, safety
and welfare protected and fostered. It is also found that there is
a need to regulate and limit the number of vehicles and boats that
can be parked or stored on properties to avoid undue congestion and
enhance the streetscape and aesthetic appearance of the community.
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 residential and nonresidential
premises; to avoid, prevent and eliminate the maintenance of or creation
of hazards to the public health and safety; to avoid, prevent and
eliminate conditions which, if permitted to exist or continue, will
depreciate or tend to depreciate the value of adjacent or surrounding
properties; to prevent the creation, continuation, extension or aggravation
of blight; to regulate and limit the number of vehicles and boats
that may be parked or stored on properties; to fix certain responsibilities
and duties upon owners, operators and occupants of property, and to
provide for the administration and enforcement of this chapter.
A.
All vacant or improved properties shall comply with
the provisions of this code.
B.
Every residential and nonresidential structure used
for residential, commercial, business or industrial occupancy, including
vacant structures, and the premises on which they are situated in
the township, 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 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
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
code impose a lower standard than any ordinance of the township 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 limit or impair
any 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 purposes of this chapter, be defined as follows:
The process of appealing the actions, determinations and
findings of the Enforcement Officer to the Township Committee.
The individual appointed by the township to perform inspections
and render unsafe structure determinations pursuant to the Uniform
Construction Code.
The condition of a structure or part thereof characterized
by excessive holes, breaks, rot, crumbling, cracking, peeling, rusting
or other evidence of physical, blight, decay or neglect, lack of maintenance
or excessive use.
The Zoning Officer or his authorized representative.
An engineer licensed by the State of New Jersey and authorized
by the township to inspect the structural integrity of buildings and
site improvements.
Those portions of a building or structure which are exposed
to public view or are visible from the streetscape or 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, by poison, spraying,
fumigating or trapping or by any other approved pest-elimination method.
Anything or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fires 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 wastes, excluding garden composts, resulting
from the handling, preparation, cooking and consumption of food.
Grass or similar vegetative plantings, excluding weeds, intended
to create a desirable visual appearance and prevent soil erosion and
excessive mud and dust.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, any of its agencies or this code; any physical condition,
existing in or on the exterior of any premises, which is potentially
dangerous, detrimental or hazardous to the health or safety of persons
on, near or passing in proximity of the premises where said condition
exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of, residing, living or sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming 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, 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, sub-lessee or assignee of a lessee of any
part of 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.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
All combustible and noncombustible waste materials, other
than garbage and garden composts, including but not limited to the
following: paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metal, mineral matter, glass,
crockery and the residue from burning wood, coal, coke or other combustible
material and solid commercial and industrial waste.
The Township Committee of the Township of Delanco.
Land that is undeveloped, unused or unimproved by a physical
structure approved by Delanco Township and issued a certificate of
occupancy. "Vacant land" shall also include land that is not covered
by nonstructural impervious surfaces.
[Added 9-24-2007 by Ord. No. 2007-13]
Automobile, truck, van, motorcycle, boat or similar device
used for transportation.
Owners, operators and occupants 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 therefore and in violation thereof.
A.
Exterior of premises. The exterior of all premises
shall be kept free from hazards and nuisances, which include but are
not limited to the following:
(1)
Garbage and rubbish, as defined in this chapter.
(2)
Unsafe structures: structurally unsafe or unsound
buildings, structures or fences or abandoned, uncovered or structurally
unsound walls, shafts, towers, exterior cellar openings, basement
hatchways, foundations or excavations and abandoned septic tanks or
cesspools.
(3)
Discarded appliances and plumbing fixtures: abandoned
refrigerators, boilers, hot-water heaters, television sets and other
similar major appliances and sinks, bathtubs, commodes and other plumbing
fixtures that have not been placed at the boundary of the property
(closest to the nearest public street) for pickup and transport by
the township at the next scheduled pickup.
(4)
Overhangings: loose and overhanging objects, whether
natural or man-made, and accumulations of ice and snow which, by reason
of location above ground level, constitute a threat to the health
and safety of people if caused to fall.
(5)
Ground surface hazards: hidden or uncovered ground
or surface hazards such as holes, excavations, sharp or jagged projections
or obstructions that could cause serious injury.
(6)
Recurring accumulations of stormwater: stagnant surface
or ground water accumulation which create or are likely to create
insect breeding areas.
(7)
Infestation: rodents, vermin and pest infestations
and conditions causing the same.
(8)
Lawn and landscaping: overgrowth or neglect of reasonable
maintenance of landscape plantings and ground covers, including failure
to remove in a timely manner dead or diseased trees and shrubbery
or parts thereof and failure to install adequate ground cover to prevent
erosion or to control mud and dust.
(9)
Nuisances, as defined in this chapter.
(10)
Inoperable vehicles: vehicles or parts thereof,
including boats and trailers, motorized or not, regardless of whether
licensed or registered, which vehicles or parts thereof have been
dismantled or are in a state of visible disrepair or in an abandoned
condition.
(11)
Vehicles, excluding trailers, shall not be parked or stored in the front, side, or rear yards except within driveways and garages. No vehicle or trailer shall be stored on any property lacking a principal structure or use. A special exemption to the above may be obtained through the Code Enforcement Officer and Township Administrator for extraordinary circumstances to provide for the storage of one vehicle in the rear yard under a fitted and secured cover for a specific period of time, which under no circumstances shall cumulatively exceed one year. For the purposes of this chapter, the driveway shall be consistent with that approved by driveway or zoning permit, and may not be extended beyond same. Expansions or additions of curb cuts shall require a street opening permit in accord with Chapter 250.
[Amended 12-4-2006 by Ord. No. 2006-18; 8-5-2019 by Ord. No. 2019-16]
(12)
Unsanitary structures, improvements and conditions,
including failing or failed septic systems, cesspools or sanitary
conveyancing facilities.
(13)
Accumulation of tree limbs, stumps, leaves and
the like that have not been scheduled for pickup at the next regularly
scheduled pickup date.
(14)
Traffic visibility across corner lots. All corner
lots existing at the intersection of two public streets must comply
with the provisions of § 110-93 of this Code entitled "Visibility
at intersections."[1] The Zoning Officer shall be charged with the enforcement
of this provision. Specifically, sight triangles shall be determined
in accordance with 2001 AASHTO's A Policy on Geometric Design of Highways
and Streets Standards and based upon the speed limits established
by the government agency having jurisdiction.
[Added 10-21-2002 by Ord. No. 2002-11]
[1]
Editor's Note: Former § 110-93 was
superseded 3-17-2003 by Ord. No. 2003-4.
(15)
"Rear
yard" of the house shall be defined, for the purposes of this chapter,
to mean a line drawn along the rear foundation line of the principal
structure and parallel to the street. The side yard of a dwelling
is, therefore, limited to the area between the front edge and the
rear edge of the front and rear foundation lines of the principal
structure and does not extend beyond the rear edge of the structure.
[Added 12-4-2006 by Ord. No. 2006-18]
(16)
Outside
storage of equipment and materials. The outside storage of equipment
and material, excluding seasonal storage of docks, is hereby prohibited
in front yards. Storage is prohibited in side yards except where,
in the discretion of the Zoning Officer and Township Administrator,
proper screening from public view is provided. Prohibited equipment
and materials include building materials, construction supplies, golf
carts, landscaping supplies, riding lawn mowers, lumber and wood products,
metal products, snow plows, and tractors.
[Added 12-18-2006 by Ord. No. 2006-19]
(17)
No outside storage of equipment and materials as listed in Subsection A(16) of this section is permitted on any residential lot which does not have a principal residential structure.
[Added 12-18-2006 by Ord. No. 2006-19]
(18)
Construction
equipment. The outside storage of construction equipment on residential
properties is prohibited unless there exists a current building permit
on the site and construction work is in progress. The construction
equipment must be consistent with the building permit and the work
being done on the site.
[Added 12-4-2006 by Ord. No. 2006-20]
(19)
Prohibited furniture. Interior type furniture which would be
adversely affected by the elements and/or susceptible to infestation
by insects, rats or other vermin is prohibited from being placed in
certain exterior areas, including but not limited to yard areas, both
pervious and impervious, roofed and unroofed porches; and roofed and
unroofed patios and decks. Such prohibited furniture shall include,
but is not limited to, upholstered couches, chairs or other fabric-covered
articles not designed or intended for exterior use; and ottomans,
tables, bookcases, and the like.
[Added 8-5-2019 by Ord. No. 2019-16]
(20)
The placement or storage of swimming pools (temporary or otherwise), trash containers, recycling containers, and storage boxes on front porches, front steps or front yards is prohibited, except that curbside placement for disposal shall be permitted in accord with Chapter 245.
[Added 8-5-2019 by Ord. No. 2019-16]
B.
Structural soundness. Every structure and accessory
structure and every part thereof shall be kept structurally sound
to avoid safety, health or fire hazards, including but not limited
to the following:
(1)
Foundation walls: inadequate or unsafe foundation
walls, piers and columns and other similarly unsound, damaged or defective
load-bearing components which are incapable of supporting the imposed
loads safely at all points.
(2)
Exterior porches, landings, balconies, stairs and
fire escapes: structurally unsound, loose, dangerous, crumbling, missing,
broken, rotted 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 eaves, crumbling or falling
bricks, blocks, mortar or plaster.
(3)
Projecting surfaces: exterior surfaces or parts of
buildings or structures containing sharp, rough or projecting surfaces
or objects which might cause serious injury to persons coming in contact
therewith.
(4)
Sanitary facilities, including septic systems, cesspools
and sewer conveyancing lines.
C.
Steps, walks, driveways and parking lots for commercial
establishments. Steps, walks, driveways, parking areas, parking lots,
parking spaces and similar areas for commercial establishments shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled,
or necessary repairs or replacement shall be performed promptly.
D.
Vacant
land.
[Added 9-24-2007 by Ord. No. 2007-13]
(1)
On
vacant land, no storage of man-made or natural materials, whether
of a temporary or permanent nature, shall be permitted without an
approved site plan. By way of example, and not by way of limitations,
said materials shall include stockpiles of dirt, debris, mulch, stone,
gravel, rock, asphalt, concrete, and other building, construction
or landscape material.
(2)
No
vehicles or equipment, commercial or otherwise, shall be permitted
to be parked or stored on vacant lands when not associated with construction
of a physical improvement accompanied by construction permit. Said
prohibition shall not include agricultural equipment specifically
used for farming on said premises.
[Added 5-2-2016 by Ord.
No. 2016-5]
A.
Adoption. The Township hereby adopts the International Property Maintenance
Code, 2015 Edition (IPMC), in its entirety except as modified below,
as if fully set forth herein at length, as the Property Maintenance
Code for the Township of Delanco. The IPMC shall be kept on file with
the Township Code Enforcement Official.
B.
Amendments and interpretation. The IPMC is further amended and clarified
as follows:
(1)
Any references to International Zoning, Building, Plumbing,
Electrical Codes or the like shall be interpreted to mean the Delanco
Township codes adopted governing the respective areas.
(2)
Any fees imposed for the services or activities associated with
the enforcement of this chapter shall be established by resolution
of the governing body of the Township of Delanco.
(3)
Any reference to an appeal of a determination of the Code Enforcement
Official or the like shall be read as an appeal to the Municipal Court
of the Township of Delanco.
(4)
This chapter shall be read to be consistent with the other terms
of the Delanco Township Code to the extent possible. In the event
of conflict, the IPMC shall be read to supersede the other existing
provisions of the Township Code.
A.
Enforcement Officer. It shall be the duty and responsibility
of the Zoning Officer of the township to enforce the provisions of
this code as herein provided. "Zoning Officer," throughout this chapter,
shall also mean representatives and subordinates of the Zoning Officer,
including the Construction Official and designated Township Engineer.
B.
Coordination of enforcement. The inspection of premises
and the issuance of orders in connection therewith under the provisions
of this Code shall be the exclusive responsibility of the Zoning Officer
working in conjunction with the Construction Official and Engineers
authorized by the Township. Whenever, in the opinion of the Zoning
Officer, it is necessary or desirable to have inspections of any condition
by any other Department, he or she shall arrange for this to be done.
No order for correction of any violation under this code shall be
issued without the approval of the Zoning Officer or any other person
designated by the Township Committee, but it shall be the responsibility
of that Official, 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:
(1)
The Enforcement Officer is authorized to enter upon
any land at any reasonable time for the purpose of performing his
duty, with the consent of the property owner.
(2)
In the event that a property owner refuses such consent,
the Enforcement Officer is authorized to apply to the Judge of the
Delanco Township Municipal Court for an administrative entry order.
The Judge may issue such order upon submission of information which
is sufficient, in the determination of the Judge, to justify the issuance
of the order.
(3)
No entry conducted pursuant to such administrative
order shall take place other than during the hours of 8:00 a.m. to
6:00 p.m. unless the Enforcement Officer demonstrates that an emergency
exists and that the public health, safety and welfare requires such
search during earlier or later hours, as the case may be.
(4)
The inspections authorized hereunder are in addition
to those which may be authorized by the laws of the State of New Jersey.
D.
Enforcement procedure. Whenever the Enforcement Officer
determines that there is or has been a violation of any provision
of this chapter, he shall give notice of such violation to the person,
persons or entities responsible therefor under this section. Such
notice shall be kept confidential and shall be in writing and shall
include a concise statement of the reasons for its issuance. 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 municipality, or if a copy thereof
is handed to said person or persons or if a copy thereof is left at
the usual place of abode or office of said persons or entities. Notice
shall be given as aforesaid within or without the municipality.
(1)
The notice, subject to the rights of appeal provided in § 222-10 hereof, shall also state that, unless the violation is abated, removed, cured, prevented or desisted (collectively referred to herein as "abatement") within 10 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation. The Enforcement Officer 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 10 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the ten-day period, and in such cases, the Enforcement Officer shall state such reasonably required extended period of notice, which shall then be applicable instead of the aforesaid 10 days. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said ten-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. Any extension beyond 60 days must be approved by the Township Committee.
[Amended 12-4-2006 by Ord. No. 2006-21]
(2)
In those instances where a person, persons, entity or entities, who have been cited for a violation under the provisions of this Subsection D and who have abated the violation in response to the notice of violation issued by the Enforcement Officer, thereafter permit, allow or authorize the same type of violation, the Enforcement Officer shall be authorized to immediately issue a summons for the violation and shall not be required to follow the thirty-day notice procedure as set forth in Subsection D(1) above.
E.
Emergency conditions. Whenever the Enforcement Officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health, welfare or safety, he may issue an order to protect by service of notice as set forth in Subsection D above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. 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, and, upon objection, in writing, to the Enforcement Officer, any such person shall be afforded a hearing before the Township Committee as soon as is reasonably possible. After such a hearing and decision by the Township Committee as to the existence or nonexistence of the emergency condition, the Township Committee 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.
A.
Any owner, occupant or operator who receives a violations notice from the Enforcement Officer as provided for in § 222-9 hereof shall have a right to appeal the Enforcement Officer's findings and determinations to the Township Committee by filing a written notice of appeal with the Township Clerk within 15 days of receipt of the violations notice. The Township Committee shall conduct a hearing on the appeal within 30 days thereafter upon notice to the aggrieved party and the Enforcement Officer and shall permit the aggrieved party, by himself or herself or through counsel, to present competent evidence that the Enforcement Officer's findings and determinations are incorrect and that his or her property is not in violation of this code. The Enforcement Officer and his or her authorized representatives and witnesses shall likewise be entitled to present competent evidence in support of their findings and determinations.
B.
The Township Committee shall render its decision with
respect to the appeal within 30 days after the close of the hearing
and shall memorialize its findings and determinations in a written
resolution to be adopted within 45 days thereafter. In its decision,
the Township Committee may approve, reverse or modify the findings
and determinations of the Enforcement Officer. A certified copy of
said Resolution shall be mailed by the Township Clerk to the aggrieved
party and the Enforcement Officer within 10 days of the adoption.
C.
The time frame for abatement as set forth in this
chapter and in the violations notice shall be automatically extended
during the pendency of the appeal and a summons with the Municipal
Court shall not be issued until a decision is rendered by the Township
Committee.
D.
To the extent permitted under the Open Public Meetings
Act, the Township Committee shall endeavor to maintain the confidentiality
of all information presented by both the Enforcement Officer and the
aggrieved party during the appeal process.
E.
Any owner, occupant or operator who receives a violations notice from the Enforcement Officer as provided for in § 222-9 hereof who is unable to comply for special circumstances beyond his or her control within the compliance period specified in the violations notice shall be permitted to appeal the term of the compliance period to the Township Committee pursuant to Subsections A through D of this § 222-10. The appealing party shall be required to demonstrate his or her "special circumstances" to the Township Committee at the appeal hearing by clear and convincing proof and demonstrate why the compliance period specified in the violations notice should be extended. The Township Committee shall be permitted to extend the compliance period for a period not to exceed 12 months dependent upon the proofs presented.
Where it shall be necessary and expedient for
the preservation of the public health, safety and general welfare
or to eliminate a fire hazard, an owner, occupant or operator of real
property within the Township of Delanco shall remove from said lands
brush, weeds, dead and dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash and debris within 10 days after service of notice
to remove the same from the Enforcement Officer. Notice to remove
the same shall be made by regular and certified mail to the owner,
occupant or operator at this person's last known address. In the event
that no address is known, notice shall be made by posting the same
on the subject property.
If the owner, occupant or operator who has received notice in accordance with the provisions of § 222-11 hereof fails to remove from said lands the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris for which said person was cited within 10 days after service of notice to remove the same, then the township shall have the right to provide for the removal of the same by or under the direction of the Enforcement Officer.
In all cases where any brush, weeds, dead and
dying trees, stumps, roots, obnoxious growth, filth, garbage, trash
and debris are removed from any lands by the township under the provisions
of this chapter, the municipal officers of the municipality in charge
of the removal of said material shall certify the cost thereof to
the Township Committee. Upon receipt of this certificate of cost,
the Township Committee shall examine the same and, if found correct,
shall cause the cost as shown thereon to be charged against the property
from which said material was removed. The amount so charged shall
become a lien upon such lands and shall be added to and become part
of the taxes next to be assessed and levied upon said lands. Said
lien shall bear the same interest rate as taxes and shall be collected
and enforced by the officers of the municipality in the same manner
as taxes.
A.
Any person or entity who shall violate any of the
provisions of this chapter or any order promulgated hereunder shall,
after a summons is issued under the terms hereof, be punished as follows:
B.
For the purposes of this section, each and every calendar
day on which a violation exists may be considered to be a separate
and distinct violation.
