[HISTORY: Adopted by the Board of Commissioners
of the Borough of Haddonfield 8-27-1957 by Ord. No. 896; amended in its entirety 9-25-2007 by Ord. No.
2007-24. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Property
Maintenance Code of the Borough of Haddonfield" and may be referred
to in this chapter as the "Property Maintenance Code."
The purpose of this chapter is to protect the
public health, safety and welfare by establishing minimum standards
governing maintenance, appearance, condition and occupancy of residential
and nonresidential premises; to avoid, prevent and eliminate the maintenance
or creation of hazards to the public; to prevent the creation, continuation,
extension or aggravation of blight; to prevent and eliminate physical
conditions in or on property which constitute nuisances and are potentially
dangerous or hazardous to the life, health or safety of persons on
or near the premises where such conditions exist; to establish minimum
standards governing the maintenance and condition of land, buildings,
structures and premises in the Borough; to fix responsibility and
duties upon owners, leasees, operators and occupants of property;
and to provide for enforcement, administration, and for penalties.
The following terms, wherever used herein, shall
have the respective meanings assigned them hereunder unless a different
meaning clearly appears from the context of this chapter.
A building, structure or use that is on the same lot as,
subordinate to, under the same ownership or control as and used for
the purpose customarily incident to the use of the main structure.
Any premises or any part of any premises which may be lawfully
viewed by the public or any member thereof.
Those portions of a building or structure which are exposed
to public view or are visible from adjourning or adjacent lots; and
the open space of any premises outside of any building or structure
erected thereon.
The control and elimination of insects, rodents and vermin.
That space on the same lot with a principal building situated
between the front street line or lines and the front line of the building
projected to the side property lines. The depth of the front yard
shall be measured along a line perpendicular to the front street line
from the point furthest of the foundation of the structure or building
furthest from such street line.
[Amended 11-6-2007 by Ord. No. 2007-28]
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food; wastes from the handling,
storage and sale of produce.
The presence of insects, rodents, vermin or other pests on
the premises which constitutes a health hazard.
Any vehicle, including but not limited to automobiles, boats,
truck trailers, house trailers, campers or motorcycles, which is without
a currently valid license plate or plates or is in a rusted, wrecked,
discarded, dismantled, inoperative or abandoned condition. A junk
vehicle shall be classified as to its conditions in one of the two
following categories:
RESTORABLEA junked vehicle that is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding the estimated value when repaired.
WRECKA junked vehicle in such condition that it is economically unsound to restore the same to operating condition, considering the repairs to be made, age of the vehicle and market value of the vehicle, if it were restored, or in such condition that exercising reasonable discretion determines that it warrants "wreck" classification.
The following conditions, individually or in combination:
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, its governmental agencies or the ordinances of
the Borough.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of the premises where such condition
exists.
Any physical condition, use or occupancy of
any premises or its appurtenances considered an attractive nuisance
to children, including but not limited to abandoned wells, shafts,
basements, excavations and unsafe fences or structures.
Any premises which are manifestly capable of
being a fire hazard or are manifestly unsafe or unsecured so as to
endanger life, limb or property.
Any premises which are unsanitary or which are
littered with refuse or rubbish or garbage or which have an uncontrolled
growth of weeds, shrubs, trees or other vegetation injurious to the
health and safety of persons at, adjacent to, adjoining or passing
by the premises.
Any structure or building that is in a state
of dilapidation, deterioration or decay, of faulty construction, overcrowded,
open, vacant or abandoned, damaged by fire to the extent as not to
provide shelter or in danger of collapse or failure or is otherwise
dangerous to anyone on or near the premises.
Any growth of grass or weeds which exceed nine
inches when measured from the ground to the top of the growth.
Any person residing, living or sleeping in or on the premises
or having actual possession or use of the premises or any part thereof,
whether or not the owner thereof, and regardless of the duration of
time of such possession or use.
Any person, persons or entity who is not the owner, but who
has charge, care or control of a premises or part thereof, with or
without the knowledge, consent or authority of the owner.
Any person who, alone or jointly or severally with others,
has legal or equitable title to any premises, with or without accompanying
actual possession thereof; or who shall have charge, care or control
of any dwelling or dwelling unit as owner or agent of the owner or
of a fiduciary, including executors, administrators, trustees, receivers,
guardians or mortgagees in possession, regardless of how such possession
was obtained. Any person, group of persons or entity who is a lessee,
sublessee or assignee of a lease of any part or all of any building,
structure or land shall be deemed to be a co-owner with the lessor
for the purposes of this chapter.
A lot, plot or parcel of land, including the buildings or
structures thereon.
[Amended 11-6-2007 by Ord. No. 2007-28]
All putrescible and nonputrescible solid wastes, including
but not limited to abandoned automobiles and parts thereof, abandoned
machinery and parts thereof, ashes, dead animals, debris, junk, scrap
lumber, solid market and industrial wastes, street cleanings, paper
goods and products, wrappings, cans, bottles, containers, glass, crockery,
mineral matter, plastic, rubber, leather furniture, household goods,
appliances, bedding, construction material, garden or farming implements
and supplies, tires, and solid or liquid commercial and industrial
wastes.
[Amended 11-6-2007 by Ord. No. 2007-28]
Anything that is built on or affixed to the ground or to
another structure or building.
[Amended 11-6-2007 by Ord. No. 2007-28]
[Amended 11-6-2007 by Ord. No. 2007-28]
Every building, structure, or lot and the premises
or part of the premises on which they are situated in the Borough
of Haddonfield previously or presently used or intended to be used
for dwelling, public, professional or industrial, commercial, research,
recreational, service, transportation, institutional, religious or
charitable use or for any use accessory thereto shall comply with
the provisions of this chapter, whether or not any such building or
structure shall have been constructed, altered or repaired before
or after the enactment of this chapter and irrespective of any permits
or licenses which may have been issued for the use or occupancy of
such building or structure or for the installation or repair of equipment
or facilities prior to the effective date of this chapter. Vacant
lots, lands and premises are also required to comply with the provisions
of this chapter; provided, however, that the provisions of this chapter
are not intended to interfere with the otherwise lawful and permitted
operation, pursuant to state law or Borough ordinance, of a business.
In any case where the provisions of this chapter
impose a higher standard than those set forth in any other chapter
or regulation of the Borough of Haddonfield or under the laws or regulations
of the State of New Jersey or its agencies, then the standards as
set forth herein shall prevail, but if the provisions of this chapter
impose a lower standard than any other ordinance or regulation of
the Borough of Haddonfield or of the laws and regulations of the State
of New Jersey or any of its agencies, then the higher standard contained
in such other ordinance, regulation or law shall prevail.
No certification of compliance with this chapter
shall constitute a defense against any violation of any other ordinance
of the Borough of Haddonfield applicable to any structure or premises.
Owners, operators and occupants shall have all
the duties and responsibilities as prescribed in this chapter, and
no owner, operator or occupant shall be relieved of any such duty,
obligation or responsibility hereunder and shall not be entitled to
assert as a defense against any charge made against him or her for
a violation of this chapter the fact that another owner, operator
or occupant or any third person or entity is also responsible and
in violation thereof.
It shall be the duty and responsibility of the
owner, operator or occupant of the premises to comply with any or
all of the requirements and standards hereof to keep the premises
free of conditions which constitute violations hereof and to promptly
remove, prevent and abate such conditions and violations.
Any alterations to buildings, structures or
appurtenances thereto or changes of use therein which may be caused
directly or indirectly by the enforcement of this chapter shall be
done in accordance with all applicable sections and regulations of
the uniform construction codes of the Borough of Haddonfield.[1]
Nothing contained in this chapter or any requirement
of compliance herewith shall be deemed to alter, impair or affect
the application of the Land Development Ordinance[1] or other ordinances regulating the use of land in the
Borough of Haddonfield.
The following standards for maintenance of a
premises shall be the minimum conditions for maintenance of each and
every premises within the Borough of Haddonfield. It shall be a violation
of this Property Maintenance Ordinance for any owner, operator or
occupant to allow or permit any premises owned, operated or occupied
by such person or entity to fail to comply with each of the following
standards. It shall further be a violation of this Property Maintenance
Ordinance for any owner or occupant to occupy or, as an owner or operator,
to permit or allow another to occupy or use premises which do not
comply with each of the following standards:
A.
Premises shall be kept in good general repair and
sufficiently maintained to an extent so as to prevent and avoid conditions
that violate the purpose of this chapter as stated herein.
B.
Vacant structures and premises thereof or vacant land
shall be maintained in a clean, safe, secure and sanitary condition,
as provided herein, so as not to cause a blighting problem or adversely
affect the public health and safety. All vacant structures and premises
shall be securely locked, secured and boarded so as to prevent entrance
by unauthorized persons.
C.
All exterior property areas and premises shall be
maintained in a clean, safe and sanitary condition free from any accumulation
of garbage, refuse or rubbish.
D.
Owners, operators and occupants of every commercial
and industrial establishment shall provide and at all times cause
to be used leak-proof containers with close-fitting covers for the
storage of garbage, refuse or rubbish.
E.
Directional and parking bay stripes shall be readable
and control guardrails and fencing replaced when broken or severely
damaged.
F.
Extermination of the interior and exterior of a premises
shall be undertaken whenever infestation exists.
[Amended 11-6-2007 by Ord. No. 2007-28]
H.
All areas shall be kept free from weeds or plant growth
which is noxious, dangerous or detrimental to the public health and
safety.
I.
All accessory structures, including detached garages,
storage sheds, fences and walls, shall be maintained in good repair
and shall comply with all standards contained in this section.
J.
The exterior of all premises shall be kept free of
the following materials and conditions:
(1)
Abandoned, uncovered or structurally unsound wells,
shafts, towers, cellar openings, basement hatchways, foundations or
excavations.
(2)
Animal excrement.
(3)
Hidden or uncovered ground or surface hazards such
as holes, sudden depressions, sharp or jagged projections or obstructions.
(4)
Nuisances as described herein.
(5)
Restorable vehicles, as described herein, shall be
garaged. Wrecks in commercial zones shall be garaged. Wrecks in residential
zones shall not be permitted.
(6)
Dangerously loose and overhanging objects on private
property, including but not limited to dead trees or tree limbs; accumulations
of ice or any object, natural or man-made, which could threaten the
health and safety of persons if caused to fall; or other similar dangerously
loose or overhanging object which, by reason of its location above
ground level, constitutes an actual hazard to persons or vehicles
in the vicinity thereof.
(7)
Missing, loose, dangerous, crumbling, broken, rotten
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, cupolas, fire escapes, signs and loose, crumbling or falling
bricks, stones, mortar or plaster.
(8)
Broken glass or windows, rotted, missing or substantially
destroyed window frames or sashes, door frames, exterior doors or
other major exterior components, parts of buildings or structures.
K.
Protective treatment. 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. 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 exudation are exempt from this requirement.
L.
Exterior walls. All exterior walls shall be free from
holes, breaks, and loose or rotting materials and shall be maintained
weatherproof and properly surface-coated where required to prevent
deterioration.
M.
Roofs and drainage. 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.
A.
The provisions of this chapter shall be enforced by
the Clean Communities Enforcement Officer, the Fire Safety Official,
the County Board of Health, the Superintendent of Public Works, the
Construction Code Official or his/her designee, the Zoning Inspector
or the Enforcement Officer with the assistance of the Police Department
and any other Borough official as designated by the Board of Commissioners.
B.
Whenever a Borough official charged with enforcement of this chapter determines that there is or has been a violation of any provision of this chapter, he or she shall give notice of such violation to the person, persons or entities listed as owners of the subject property on the records of the Borough Tax Assessor in accordance with Subsection C below and to any known operator or occupant. The notice shall direct that the violation be removed, abated, cured, prevented or desisted within 14 days of the date of service of the notice, exclusive of the date of service, or summons issued for such violation. The Construction Code Official or his/her designee may extend the time for compliance with the violation for up to 30 additional days, provided that, in his/her judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the fourteen-day period. A second thirty-day extension of time for compliance may be granted by the Construction Code Official or his/her designee. In the event that the violation is not abated, removed, cured, prevented and desisted from or otherwise fully remedied within the specified period as set forth in the notice, a summons may then be filed in the Municipal Court by the Borough of Haddonfield against the person, persons, entity or entities so notified.
[Amended 11-6-2007 by Ord. No. 2007-28]
C.
Service of notice.
(1)
In the event of a violation of this chapter, notice
of said violation shall be served upon the property owner, operator
and occupant of the subject property as determined from the records
of the Borough Tax Assessor and other reliable sources of information,
either personally or by mail. In the event of service by mail, it
shall be made by registered or certified and by regular mail. Service
by regular mail shall be considered valid. If all of the mailings
are returned undeliverable, service shall be accomplished by posting
the notice at the subject property.
(2)
Service may also be made by personal service of the
notice upon the owner, operator or occupant or upon a member of the
family of the owner over 14 years of age residing in the same dwelling
as the owner.
D.
Notice to operators and occupants. The Borough officials listed in § 173-12A may, but are not required to, in appropriate circumstances, also provide notice of a violation to the operator or occupant of a premises. Such notice shall be served upon the operator or occupant at the address of the subject property in accord with the procedures prescribed in § 173-12B and in the manner prescribed in § 173-12C thereof.
[Amended 11-6-2007 by Ord. No. 2007-28[1]]
[1]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection D as Subsection E.
E.
Emergency situations. Where the violations or conditions
existing on the premises are of such a nature as to constitute an
immediate threat to life and limb unless abated without delay, the
Superintendent of Public Works may either abate the violation or condition
immediately or order the owner, occupant or operator to correct the
violation or condition within a period of time not to exceed three
days. Upon failure to do so, the Superintendent of Public Works may
abate the condition immediately.
In the event that the owner of the subject property does not abate the violation within the time set by the Superintendent of Public Works pursuant to § 173-12B of this chapter, in addition to any other penalty, the Superintendent of Public Works or his designee may abate the violation. Upon completion of the work, the Superintendent of Public Works or his/her designee shall present to the Borough Commissioners a report of the work and all costs associated therewith, along with a summary of the proceedings undertaken to secure compliance, including notices served upon the owner, operator and occupant of the subject property. The Borough Commissioners may thereupon, by resolution, approve the amount of costs expended in the abatement of the violation, whereupon the same shall become a lien against the subject property, collectible as provided by law. A copy of the resolution approving the amount of costs shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for collection of the costs, and a copy of the resolution shall be mailed to the owner of the subject property by certified and regular mail.
A.
Where any owner, operator or occupant fails to comply
with a notice issued pursuant to this chapter, such person or entity
shall be deemed in violation of this chapter and shall be subject
to the penalties provided herein. A summons may be issued from the
Municipal Court for such violation, but nothing contained herein shall
limit further action under the criminal and civil laws of this state
through any court of competent jurisdiction as may be necessary to
remove or abate any nuisance.
B.
Upon conviction in Municipal Court, each violation
of any of the provisions of this chapter shall be punishable by a
fine not to exceed $1,000 and levied against the owner. Each day shall
constitute a new violation.
C.
Where abatement of any nuisance, as defined herein,
was accomplished and premises brought into compliance with this chapter
through the expenditure of Borough funds, such costs shall be assessed
against the premises cited as a lien in the same manner as real estate
taxes.
D.
Anyone that is charged with a violation of Subsection G of the definition of "nuisance" in§ 173-3 and/ or § 173-11H for a first offense is not required to appear in the municipal court to answer the charge, provided responsibility is accepted by the offender and the offender pays the assessed fine. A second or subsequent charge within a five-year period shall require a municipal court appearance by the one charged and upon conviction the fine shall be in the court's discretion.
[Added 12-17-2019 by Ord. No. 2019-17]
Upon issuance of a notice of violation pursuant
to this chapter, the property owner, operator or occupant shall correct
the condition and notify the Construction Code Official or his/her
designee that said condition has been corrected. A compliance inspection
shall then be made. Should full compliance not be achieved at the
time of said inspection, the Borough shall be reimbursed by the property
owner for the cost of all reinspections. Failure to reimburse the
Borough shall result in a lien for said cost being placed against
the property in the same manner as real estate taxes.
There shall be no fee for an initial compliance
inspection made following the issuance of a notice of violation required
pursuant to this chapter. Fees for subsequent inspections to determine
compliance shall be $25 for the first inspection and shall increase
in increments of $25 for subsequent inspections.
