This chapter shall be known as the "Property Maintenance Code of the Township of Hanover" and may be referred to in this chapter in the short form as the "Property Maintenance Code" or as "this code."
A. 
It is hereby found and declared that there exist in the Township of Hanover structures and vacant lots which are or may become in the future substandard with respect to structural integrity, equipment or maintenance or, further, that such conditions, including but not limited to structural deterioration; lack of maintenance of exterior premises and vacant lots; infestation; lack of essential heating, plumbing, storage or refrigeration equipment; lack of maintenance or upkeep of essential facilities and utilities; existence of fire hazards; inadequate provisions for light and air; unsanitary conditions; and overcrowding, constitute a menace to the health, safety, welfare and reasonable comfort of the citizens and inhabitants of the Township of Hanover.
B. 
It is further found and declared that, by reason of lack of maintenance and ensuing 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, the growth of 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.
A. 
The purpose of this code is to:
(1) 
Protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises.
(2) 
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.
(3) 
Fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants.
(4) 
Authorize and establish procedures for the inspection of residential and nonresidential premises.
(5) 
Fix penalties for the violations of this code.
(6) 
Provide for the right of access across adjoining premises.
(7) 
Permit repairs.
(8) 
Provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use.
B. 
This code is hereby declared to be remedial and essential for the public interest, and it is intended that this code be liberally construed to effectuate the purposes as stated herein.
A. 
Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
B. 
Terms defined in Building Code. Where terms are not defined in this section and are defined in the Building Code, they shall have the meanings ascribed to them as in the Building Code.[1]
[1]
Editor's Note: See Ch. 105, Construction Codes, Uniform.
C. 
Terms not defined. Where terms are not defined under the provisions of this code or under the provisions of the Building Code, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.
D. 
Meaning of certain words. Whenever the words "accessory structure," "building," "dwelling," "dwelling unit" or "structure" are used in this code, they shall be construed, unless expressly stated to the contrary, to include the plurals of these words and as if they were followed by the words "or any part thereof." The word "shall" shall be applied retroactively as well as prospectively.
E. 
Applied meaning of words and terms. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings indicated in this section:
ACCESSORY STRUCTURE
A building which is customarily used as an incidental building to a principal building and is located on the same lot with such principal building excluding, however, any structure which is attached to a principal building.
APPROVED
As applied to a material, device or method of construction, approved by the Building Inspector under the provisions of this code, or approved by other authority designated by law to give approval in the matter in question.
BASEMENT
A story, the floor of which is below grade and the ceiling of which is not less than four feet six inches above grade. (See also "cellar.")
BATHROOM
An enclosed space containing one or more bathtubs, showers or both, and which may also include toilets, lavatories or fixtures serving similar purposes.
BEDROOM
A room or space used or intended to be used for sleeping purposes.
[Added 6-8-2006 by Ord. No. 20-2006]
BUILDING
See "structure."
BUILDING CODE
The Building Code, latest edition and current accumulative supplement, officially adopted by the Township, or such other code as may be officially designated by the legislative body of the Township for the regulation of the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.[2]
BUILDING INSPECTOR
The official designated by the Township to enforce building, zoning or similar laws and this code, or his duly authorized representative.
BUILDING SERVICE EQUIPMENT
The mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation and fire-fighting and transportation facilities essential for the habitable occupancy of the building or structure for its designated use and occupancy.
CELLAR
A story, the floor of which is below grade and the ceiling of which is less than four feet six inches above grade.
CERTIFICATE OF HABITABILITY
A certificate issued by the Construction Code Official of the Township, indicating that at the time of its issuance the residential property for which it has been issued complies in all respects with Chapter 218 of the Code of the Township entitled "Property Maintenance," as well as Chapter 92 of the Laws of 1991, dealing with the installation of smoke-sensitive alarm devices within residential properties. In addition, the certificate shall indicate that the residential dwelling unit is equipped with one or more carbon monoxide sensor detectors, or, at the time of inspection, there was no potential carbon monoxide hazard within the said residential dwelling unit all in accordance with N.J.A.C. 5:70-4.19.
[Added 8-8-1991 by Ord. No. 19-91; amended 5-8-2003 by Ord. No. 9-2003]
CURRENTLY UNINSPECTED OR UNREGISTERED MOTOR VEHICLE
Any motor vehicle of which either the registration thereof or inspection marker thereof is 30 days overdue in accordance with the laws of the State of New Jersey.
DETERIORATION
The condition of a 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.
DWELLING
Any building which was or is wholly or partly used or intended to be used for living or sleeping quarters by human occupants.
DWELLING, SINGLE-FAMILY
A building designed for and occupied exclusively by not more than one family.
DWELLING, TWO-FAMILY
A building designed for and occupied exclusively by not more than two families.
DWELLING UNITS
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
EMANCIPATED MINOR
Any person under the age of 18 who is gainfully employed and self-supporting, or who is married to a spouse who is gainfully employed and who supports said minor, or who is a student living away from home and in regular attendance at an institution of higher learning.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering the code, or his authorized representatives.
EXTERIOR PROPERTY AREAS
The open space on the premises and on adjoining premises under the control of the owners or operators of said premises.
EXTERMINATION
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 methods.
FAMILY
Up to two persons unrelated by blood, marriage or adoption, or any number of individuals related by blood, marriage or adoption, living privately together as a single housekeeping unit and using certain rooms and cooking facilities in common. Nothing herein contained shall be construed to prevent the placement of foster children by the New Jersey State Board of Child Welfare or a duly incorporated child welfare agency with families living in a one-family zone district.
[Amended 4-27-1989 by Ord. No. 8-89]
FIRE HAZARD
Any thing or any act which increases or may cause an 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 fire or which may obstruct, delay or hinder or may become the cause of an obstruction, a delay, a hazard or a hindrance to the prevention, suppression or extinguishment of fire. (See also "nuisance.")
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GROSS FLOOR AREA
The total area within a dwelling unit available and accessible to the occupants thereof for all purposes associated with living in said unit.
HABITABLE ROOMS
Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, heater rooms, boiler rooms, utility rooms, porches and similar areas.
[Amended 6-8-2006 by Ord. No. 20-2006]
HOTEL/MOTEL
Any building kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to transient or permanent guests, in which rooms are rented, furnished or unfurnished, including any room found to be arranged for or used for sleeping purposes, with or without meals, for the accommodation of such guests.
HOUSING INSPECTORS
All officials, officers or employees of the Township of Hanover, entrusted with the enforcement of this code.
INFESTATION
The presence, within or contiguous to a structure or premises, of insects, rodents, vermin or other pests.
INOPERABLE MOTOR VEHICLE
Any motor vehicle which cannot be moved under its own power from place to place by reason of mechanical defects or inadequate equipment, including but not restricted to the lack of one or more tires, and which shall remain in such condition for a period of 14 days or more.
KITCHEN
Any room or part of a room used for cooking or the preparation of food.
MOTOR VEHICLE
An automobile, omnibus, road tractor, trailer, truck, truck tractor or other vehicle defined in Chapter 1 of Title 39 of the Revised Statutes of the State of New Jersey, as amended (N.J.S.A. 39:1-1 et seq.).
NET FLOOR AREA
The "net floor area" within a dwelling unit shall be computed by deducting from the gross floor area the following:
(1) 
Built-in equipment, wardrobes and closets, bathrooms, water closet compartments, laundries, serving and storage pantries, cellars, heating rooms, boiler rooms, utility rooms, kitchens, kitchenettes and areas utilized for cooking purposes.
(2) 
Other rooms or spaces that are not used frequently and regularly for living purposes.
(3) 
Such part of any room where the floor-to-ceiling height is less than seven feet.
(4) 
Any room or part remaining after eliminating areas in Subsection (3) above which would then contain less than 70 square feet.
NONHABITABLE SPACES
A space that is not a habitable room.
[Added 6-8-2006 by Ord. No. 20-2006]
NUISANCE
(1) 
Any public nuisance known at common law or equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Township of Hanover.
(2) 
Any attractive nuisance which may prove detrimental to the health and safety of persons, whether in a building, on the premises of a building or upon an unoccupied lot. This includes but is not limited to abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structures, unsound structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak or sumac.
(3) 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
(4) 
The overcrowding of a room with occupants in violation of this code.
(5) 
insufficient ventilation, or illumination in violation of this code.
(6) 
Inadequate or unsanitary sewerage or plumbing facilities in violation of this code.
(7) 
Unsanitary conditions or anything dangerous to health in violation of this code.
(8) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
(9) 
Fire hazards.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
[Added 6-8-2006 by Ord. No. 20-2006]
OCCUPANT
Any person living, sleeping or having actual possession of a business, dwelling unit or room unit.
OPENABLE AREA
That part of a window, skylight or door that is available for unobstructed ventilation and which opens directly to the outdoors.
[Added 6-8-2006 by Ord. No. 20-2006]
OPERATOR
Any person who has charge, care or control of a structure, whether with or without the knowledge and consent of the owner.
OWNER
The owner or owners of the freehold of the premises or lesser estate therein or a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, or their duly authorized agents.
PERSON
An individual, firm, corporation, association or partnership.
PLUMBING and PLUMBING FIXTURES
All of the following supplies, facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage-disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents and any other similar fixtures, together with all connections to water-, sewer or gas lines and water pipes and lines utilized in conjunction with air-conditioning equipment.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon. For the purposes of this code, a "vacant lot" shall be defined as a lot. For the purposes of this code, "premises" shall also include the area between the sidewalk and the curb where applicable.
PROPERTY MAINTENANCE OFFICER
The official designated by the Township to assist the Building Inspector in the enforcement of the Property Maintenance Code. With respect to the enforcement of this chapter, Chapter 218, the Property Maintenance Officer shall be directly responsible to the Building Inspector in the performance of his/her duties.
[Added 3-13-1997 by Ord. No. 10-97]
ROOM
Space in an enclosed building or space set apart by a permanent partition or partitions.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
RUBBISH
All combustible and noncombustible waste materials other than garbage, and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and the residue from burning wood, coal, coke or other combustible materials, solid market and industrial waste.
SEWAGE
Waste from a flush toilet, bathtub, sink, lavatory or dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.[3]
STRUCTURE
That which is built or constructed, or any piece of work artificially built or composed of parts joined together in some definite manner, the use of which requires more or less permanent location on or in the ground. The word "structure" shall be construed as if followed by the words "or part thereof" and shall be construed to include a building or buildings.
SUPPLIED
Paid for, furnished or provided by or under the control of the owner or operator.
UTILITIES
Gas service and equipment therefor, electric service and equipment therefor and water supply, including hot water, and equipment therefor.
VACANT
Not occupied by an incumbent or possessor.
VACANT LOT
See "premises."
VENTILATION
The supply and removal of air to and from any space by natural or mechanical means.
WASHROOMS
Enclosed space containing one or more bathtubs, showers or both, and which shall also include toilets, lavatories or fixtures serving similar purposes.
WATER CLOSET COMPARTMENTS
Enclosed space containing one or more toilets which may also contain one or more lavatories, urinals and other plumbing fixtures.
WEATHERING
Deterioration, decay or damage caused by exposure to the elements.
WORKMANLIKE STATE OF MAINTENANCE AND REPAIR
Such maintenance and repair as are made in a reasonably skillful manner.
YARD
An open unoccupied space on the same lot with a building, extending along the entire length of a street or rear or interior lot line.
[2]
Editor's Note: See Ch. 105, Construction Codes, Uniform.
[3]
Editor's Note: The former definition of “sleeping room/bedroom” which immediately followed this definition, was repealed 6-8-2006 by Ord. No. 20-2006.