The Township of Manalapan finds that certain
unsafe, unsanitary and unhealthy conditions tend to occur at various
commercial and industrial properties in the Township unless proper
maintenance procedures are followed. Since many persons are attracted
to and actually use the facilities at these commercial and industrial
properties, the public health, safety and welfare require the prevention
of unsafe, unsanitary and unhealthy conditions on any commercial and
industrial properties in the Township.
This article shall be known as the "Commercial
and Industrial Maintenance Code of the Township of Manalapan."
The purpose of this code is to protect health,
safety and welfare by establishing minimum standards governing the
exterior or maintenance of commercial and industrial premises; to
prescribe certain responsibilities and duties on owners and operators
and prescribe distinct and separate responsibilities and duties on
occupants; to authorize and establish procedures for the inspection
of commercial and industrial premises; to fix penalties for violations
of this code; and to provide for the right of access to permit repairs
when necessary. This code is declared to be remedial and essential
for the public interest, and it is intended that it be liberally construed
to effectuate the purpose stated herein.
As used in this article, the following terms
shall have the following meanings:
COMMERCIAL OR INDUSTRIAL PREMISES
A lot or tract of land on which or on any part of which commercial
or industrial activity of any kind takes place. Such activity includes
all commercial and industrial uses permitted, conditionally permitted
or allowed as a preexisting nonconforming use in any zoning district
within the Township of Manalapan.
DEFACE
To cover, mark, write on, paint, color or otherwise mar,
disfigure or draw whatsoever on any private or public property of
any nature, without the express consent of the owner.
[Added 10-11-2006 by Ord. No. 2006-17]
EXTERIOR OF PREMISES
The exterior facades or external portions of a building and
the open space of any premises outside of any building erected thereon
which are exposed to public view.
GRAFFITI
Any form of inscription, word, figure, marking or design
that is marked, etched, scratched, drawn down or painted on any building,
structure, fixture or other improvement, whether permanent or temporary,
on public or private real or personal property without the permission
of the owner.
[Added 10-11-2006 by Ord. No. 2006-17]
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises, in sufficient numbers to constitute a health hazard
in the opinion of the Township Health Officer.
NUISANCE
A.
Any common law nuisance, or as provided by the
laws of the State of New Jersey or ordinances of the Township.
B.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building or on a
lot. This includes, but is not limited to, the following: structurally
unsound fences or structures, lumber, trash, fences or debris.
C.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
conditions exist.
D.
Unsanitary conditions or anything unreasonably
offensive or dangerous to health or safety.
E.
Whatever renders air, food and drink unwholesome
or detrimental to the health of human beings, or whatever creates
an unreasonable nuisance through odor or noise so as to deprive adjacent
owners of the quiet enjoyment of their property.
OCCUPANT
A person having actual possession of any commercial or industrial
premises or any part thereof.
OPERATOR
A person who has charge, care or control of commercial or
industrial premises, or any part thereof, whether with or without
the consent of the owner.
OWNER
A person who, alone or jointly with others, has legal or
equitable title to any commercial or industrial premises, with or
without accompanying actual possession, or who has charge, care or
control of any commercial or industrial premises as owner or agent
of the owner or as fiduciary, including but not limited to an executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of an 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 a commercial or industrial 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.
SHOPPING AREA
One or more building or parts thereof, designed as a unit,
to be occupied by one or more businesses for the conduct of businesses
primarily engaged in retail merchandising.
All buildings and premises subject to this code
are subject to inspection from time to time by the Code Enforcement
Officer, Health Officer, Police Department or any other official charged
with the duty of enforcing regulations governing any aspect or conduct
of the activity on the premises. At the time of such inspection, all
portions of the premises must be available and accessible for such
inspection, and the owner, operator and occupant are required to provide
the necessary arrangements to facilitate such inspection. Such inspection
shall be made during regular business hours of the business occupying
said premises unless there is reason to believe that a violation exists
of a character which is an immediate threat to health or safety, requiring
inspection and abatement without delay.
Where the violation or condition existing on
the premises is of such a nature as to constitute an immediate threat
to life and limb unless abated without delay, the Code Enforcement
Officer, Health Officer or Police Department may order the owner,
operator or occupant to correct the violation or condition within
the period of time consistent with the hazard involved and with the
measures necessary to remove the hazard, and, upon the failure of
the operator, owner or occupant to correct said condition, the Police
Department, Code Enforcement Officer or Health Officer shall cause
said condition to be immediately abated, thereafter subject to N.J.S.A.
40:48-2.12f.
Any person who shall violate any of the provisions
of this article or any order promulgated hereunder shall, upon conviction,
be punished by a fine not to exceed $500 or by imprisonment in the
county jail for a period not to exceed 90 days, or by both such fine
and imprisonment, and each violation of any of the provisions of this
article and each day that such violation shall continue shall be deemed
to be a separate and distinct offense.