[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 11-9-1993 by Ord. No. 24-93; amended in its entirety 4-25-2001 by Ord. No. 12-01. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 132.
Unsafe buildings — See Ch. 140.
Clean Communities Program — See Ch. 145.
Uniform construction codes — See Ch. 148.
Electrical standards — See Ch. 165.
Brush, hedges and other plant life near roadways — See Ch. 173.
Garbage, rubbish and refuse — See Ch. 193.
Littering — See Ch. 215.
Soil removal and deposit — See Ch. 281.
Swimming pools — See Ch. 291.
Housing and sanitation standards — See Ch. 369.
Weed control — See Ch. 420.
The provisions of this chapter shall apply to:
A. 
All vacant premises.
B. 
All premises rented for residential occupancy except one-family houses and two-family houses in which the owner occupies one of the two dwelling units.
C. 
All premises used, in whole or in part, for nonresidential uses.
D. 
All one-family homes and two-family homes in which the owner occupies one of the two dwelling units, to which only the provisions of Chapters 1 (Administration) and 2 (Definitions), and Section PM-507 (Sanitary Drainage System),[1] and § 247-4 of this chapter shall apply.
[Amended 7-24-2002 by Ord. No. 13-02]
[1]
Editor's Note: The references to Chapters 1 and 2 and Section PM-507 refer to the BOCA National Property Maintenance Code, Fifth Edition, 1996.
[Amended 2-25-2020 by Ord. No. 2-20]
The 2018 International Property Maintenance Code, second printing, as published by the International Code Council, Inc., shall be and is hereby adopted as the Property Maintenance Code of the Borough of Maywood, in the State of New Jersey, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 242-3 of this chapter. Said code is available online and at the time of adoption could be found at https://codes.iccsafe.org/content/IPMC2018?site_type=public.
[Amended 2-25-2020 by Ord. No. 2-20]
The following additions, insertions, deletions and changes are adopted:
A. 
Anywhere the [NAME OF THE JURISDICTION] appears, "Maywood, NJ" shall be inserted.
B. 
Where the title "code official" is listed, it should be amended to say “the code official, the Maywood Police Department's members and the employees and officers of the Maywood Board of Health are authorized to assist the code official in the enforcement of this Code."
C. 
Section 105 shall be deleted in its entirety.
D. 
Section 108 shall be deleted in its entirety.
E. 
Section 109 shall be deleted in its entirety.
F. 
Section 110 shall be deleted in its entirety.
G. 
Section 111 shall be deleted in its entirety.
H. 
Section 112 shall be deleted in its entirety.
I. 
Section 302.4 where the [Jurisdiction to insert height in inches] is listed, "eight inches" shall be inserted.
J. 
Section 304.14 where the [DATE] to [DATE] reference is made it shall be "March to November."
A. 
Scope; responsibility; vacant structures and land.
(1) 
Scope. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of the exterior of structures and exterior property of all one- and two-family homes in which the owner occupies one of the two dwelling units.
(2) 
Responsibility. The owner of the premises shall maintain the exterior of the structures and exterior property in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this section.
(3) 
Vacant structures and land. All 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 or safety.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BASEMENT
See § 201-7E(1).
[Amended 3-8-2016 by Ord. No. 5-16]
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION
The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating or trapping; or by any other approved pest elimination methods.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
LET FOR OCCUPANCY OR LET
To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof pursuant to a written or unwritten lease, agreement or license or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
OCCUPANT
Any person living or sleeping in a building or having possession of a space within a building.
OPERATOR
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property or recorded in the official records of the state, county or municipality as holding title to the property or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
PUBLIC NUISANCE
Includes any of the following:
(1) 
The physical condition or occupancy of any premises regarded as a public nuisance at common law.
(2) 
Any physical condition 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.
(3) 
Any premises that has unsanitary sewerage or plumbing facilities.
(4) 
Any premises designated as unsafe for human habitation.
(5) 
Any premises that is manifestly capable of being a fire hazard or is manifestly unsafe or unsecure so as to endanger life, limb or property.
(6) 
Any premises from which the plumbing, heating or facilities required by this code have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective or the required precautions against trespassers have not been provided.
(7) 
Any premises that is unsanitary or that is littered with rubbish or garbage or that has an uncontrolled growth of weeds.
(8) 
Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the butting of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit
YARD
An open space on the same lot with a structure.
C. 
Exterior property areas.
(1) 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(2) 
Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon except for water retention areas and reservoirs approved by the Code Official.
(3) 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
(4) 
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
(5) 
Rat harborage. All structures and exterior property shall be kept free from rat infestation. Where rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
(6) 
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(7) 
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(8) 
Motor vehicles. Except as provided for in other regulations, not more than one currently unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled, with the exception that a vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
D. 
Exterior structure.
(1) 
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(2) 
Exterior painting. All wood and metal surfaces, including but not limited to, window frames, doors, door frames, cornices, porches and trim, shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
(3) 
Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in arabic numbers at least three inches (76mm) high and one-half-inch (13mm) stroke.
(4) 
Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.
(5) 
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.
(6) 
Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials and maintained weatherproof and properly surface coated where required to prevent deterioration.
(7) 
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.
(8) 
Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(9) 
Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint or similar surface treatment.
(10) 
Stairways, handrails and guards. Every exterior flight of stairs having more than four risers shall have a handrail on at least one side of the stair, and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) nor more than 42 inches (1,067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, ramp or other walking surface.
(11) 
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(12) 
Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint or similar surface treatment.
(13) 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(14) 
Window and door frames. Every window, door and frame shall be kept in sound condition, good repair and weathertight.
(a) 
Glazing. All glazing materials shall be maintained free from cracks and holes.
(b) 
Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(15) 
Insect screens. During the period from May 1 to October 15, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food services areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch, and every swinging door shall have a self-closing device in good working condition, except that screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(16) 
Doors. All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units shall tightly secure the door.
(17) 
Basement hatchways. Every basement window that is openable shall be supplied with ratproof shields, storm windows or other approved protection against the entry of rats.
[Added 6-18-2009]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PRIVATE PROPERTY
Any real property located within the Borough of Maywood which is not within the jurisdiction and control of the Borough of Maywood or any other governmental agency.
REFUSE CONTAINER
Any portable container without motor power designed to be towed, drawn or carried by a motor vehicle and placed upon private property for the purpose of the temporary storage and collection of refuse, debris, building materials and similar materials, including what is commonly known as a "roll-off" or "dumpster."
STORAGE CONTAINER
Any portable container without motor power designed to be towed, drawn or carried by a motor vehicle and placed upon private property for the purpose of the storage of personal property, goods, merchandise, equipment, supplies or possessions, including what is commonly known as a "Pod."
B. 
General prohibition. Except as otherwise permitted or required by ordinance or other law no person shall place or cause to placed upon any private property a storage container or refuse container without having first obtained a permit therefor.
C. 
Issuance of permit.
(1) 
Applications for permits for the temporary placement of storage or refuse containers shall be submitted to the Borough Clerk who shall forward same to the Construction Official for investigation and approval.
(2) 
An application for a permit shall contain the following information:
(a) 
A description of the storage or refuse container to be placed on the private property;
(b) 
The estimated duration during which such storage or refuse container shall be placed on the private property;
(c) 
A diagram, drawn to scale, showing the proposed location of the storage or refuse container in relationship to surrounding curbs, streets, sidewalks, fire hydrants, driveways, walkways, principal buildings and structures, accessory structures, property lines and such other features as may be required by the Construction Official upon the private property upon which the proposed storage or refuse container will be placed and the adjoining properties thereto;
(d) 
The name, address and phone number of the property owner or other person requesting the permit;
(e) 
The name, address and phone number of the owner or other person exercising control of the storage or refuse container and who shall be responsible for the removal of said storage or refuse container.
(3) 
The application for a permit shall be submitted to the Borough Clerk, together with a deposit in the sum of $250 made payable to the Borough of Maywood. The deposit shall be refundable upon the removal of the temporary storage or refuse container and verification that no damage has been caused to the public sidewalks, curbs or streets of the Borough of Maywood as a result of the placement or removal of such temporary storage or refuse containers. If such temporary storage or refuse container is not removed prior to the expiration of the permit, or any renewal granted therefor, or if any damage has been caused to the sidewalks, curbs or streets of the Borough of Maywood as a result of the placement and removal of such temporary storage or refuse container, the Borough may apply such deposit to the cost of removal and disposal of the contents and any repairs to the sidewalk, curb or street.
(4) 
Permits issued hereunder shall not be valid for a period in excess of 30 consecutive days. Permit renewals may be granted for additional thirty-consecutive-day periods, provided that the Construction Official is satisfied that there is good cause for such renewal. Denials shall be appealable to the Mayor and Council.
(5) 
Before approving a permit, the Construction Official shall determine whether said permit can be issued in accordance with the rules and regulations set forth herein and whether such permit can be issued without endangering the public's health, safety or welfare.
D. 
Rules and regulations. Any storage or refuse container for which a permit is issued shall comply with the following rules and regulations:
(1) 
The storage or refuse container shall clearly contain thereon the name, address and phone number of the owner or other person exercising control of the encumbrance or obstruction and who is responsible for removing said encumbrance or obstruction.
(2) 
The storage or refuse container shall have affixed thereto a decal or sticker provided by the Borough in such location as to be readily visible from the public street or at such location as shall be designated in the permit. Upon expiration of the permit, the decal or sticker shall be removed.
(3) 
No storage or refuse container shall be temporarily placed within the required front yard setback on any private property except upon an existing paved surface.
E. 
Removal.
(1) 
The owner or other person having control of a temporary storage or refuse container for which a permit has been issued shall remove said temporary storage or refuse container from the private property prior to the expiration of the permit unless an additional permit is obtained prior to the expiration thereof.
(2) 
In the event the temporary storage or refuse container is not removed from the private property prior to the expiration of the permit, or in the event no permit has been issued, the Borough shall have the right to remove the storage or refuse container from the private property.
(3) 
Both the owner of the storage or refuse container and the person requesting the storage or refuse container on the private property shall be responsible for the cost of said removal.
(4) 
In addition to such other remedies as may be provided by law, the cost of removal, storage and any other cost incurred by the Borough in connection with the removal of said storage or refuse container shall constitute a lien upon the real property owned by the applicant for which the permit was requested.
F. 
Penalty. Any person violating any provision of this section shall be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not in excess of 90 days, or both. A separate offense shall be committed on each day during or on which a violation occurs or continues.
[Added 4-14-2020 by Ord. No. 5-20]
A. 
Completion of construction. All construction for which a permit has been issued pursuant to the provisions of the Uniform Construction Code must be completed within the time period set forth in the Uniform Construction Code. Construction permits, once issued, shall be permitted to remain open for the period set forth in the Code.
B. 
Notice to property owner of permits open for more than one year. The Construction Official of the Borough of Maywood shall provide written notice of the requirements of the within ordinance to all owners of property for which construction permits have been open for a period of one year or more. The notice shall be forwarded to the property address and owner as the same appears on the records of the Tax Assessor of the Borough of Maywood and a copy of same shall be provided to the owner, agent or contractor which secured construction permits.
C. 
Substantial completion. Notwithstanding the provisions of the Uniform Construction Code, exterior construction must be substantially complete within one year of the issuance of construction permits. "Substantial completion" shall be deemed to provide for the completion of major elements of the exterior of the structure, modification, addition or improvement, including roofing, siding, masonry, windows and doors.
D. 
Property maintenance during construction. All construction projects that provide for construction which extends for more than one year beyond the date of issuance of the initial construction permit shall comply with the following:
(1) 
All property maintenance requirements of the 2015 International National Property Maintenance Code shall apply notwithstanding the ongoing nature of the construction.
(2) 
No construction materials may be stored outside. All construction materials must be stored inside or stored in the rear yard, covered at all times, and shall not be visible from the street.
(3) 
Construction debris must be stored in a manner which shall not be visible from the street or from adjacent properties. All construction debris must be placed in dumpsters or containers which must be removed within 24 hours of placement.
(4) 
Pest control and extermination services must be provided at all times. A service agreement with a licensed pest control company shall be required and proof of same must be supplied to the Construction Official as a further condition of all outstanding permits.
(5) 
All construction equipment and vehicles must be removed from the property when not in use. No construction equipment or vehicles may remain on site on Sundays or overnight.
E. 
Storage of materials/equipment. Notwithstanding the provisions of Subsection D above, and commencing six months after issuance of the first construction permit, no construction equipment, vehicles, materials, tools or machinery may be stored or maintained, while not in use, in the front yard of any property which is the subject of construction. "Front yard" shall be defined in accordance with the Borough of Maywood Zoning Code.
F. 
Continuation of construction. It shall be the duty and responsibility of the property owner and contractor to commence construction within a reasonable period of time after issuance of permits and proceed as expeditiously as possible to completion of construction. Construction may not be suspended for a period of more than 30 days throughout construction, including during the first year of construction. The exterior of the premises shall be kept free of the following matter, materials or conditions:
(1) 
Except in connection with the municipal collection of same, garbage and all abandoned, discarded, useless for its intended purposes, and unused solid waste matter or materials, including, by way of example and not limitations, appliances, bedding, hot-water heaters, construction materials, furniture, machinery and metal scrap;
(2) 
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, timber abutments, fire escapes, signs, loose or crumbling bricks, stones, mortar or plaster;
(3) 
Abandoned, uncovered or structurally unsound shafts, towers, television antennas, satellite dish antennas, exterior cellar openings, basement hatchways, foundations or excavations (as determined by the enforcement officers hereinafter set forth);
(4) 
Structurally unsafe or unsound fences;
(5) 
Hidden or uncovered ground or surface hazards such as holes, depressions, tree roots, sharp or jagged projections or obstructions in areas accessible to the general public;
(6) 
Loose and overhanging objects, 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 or other similarly overhanging objects which by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof;
(7) 
Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which may cause a safety hazard to persons coming in contact therewith in areas accessible to the general public;
(8) 
Broken glass or windows; rotted or missing or substantially destroyed window frames, exterior doors or other major exterior components of buildings or structures;
(9) 
Automotive parts and lubricating oils;
(10) 
Substantial peeling or flaking paint on two or more sides of a structure or building, loose siding or insulation, shingles, shutters and awnings; and
(11) 
Exposed exterior surfaces remaining in a state of disrepair for a period of more than 30 days, or incomplete exterior construction which has been suspended for a period of more than 30 days.
G. 
Exemptions.
(1) 
State, county and local construction projects.
(2) 
Work being done by a not-for-profit organization with work being done by volunteers or using donated material.
(3) 
Construction being undertaken under the control of a Planning or Zoning Board resolution, which specifically indicates time limits different from those contained within the Code.
(4) 
Construction done under multiple permits with different start dates.
H. 
Violations. Any person, persons or entity who shall violate any of the provisions of this section or any other promulgated hereunder shall, after a summons is issued under the terms hereof, upon conviction, be punished as follows:
(1) 
For a first offense, by a fine not to exceed $500.
(2) 
For a second offense, by a fine not to exceed $ 1,000.
(3) 
For a third offense, or any subsequent offenses, by a fine not to exceed $1,500.
(4) 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(5) 
In addition to the monetary penalties set forth above, upon conviction, the Court shall order that the violation be corrected within a reasonable time as determined under the circumstances by the Court. If the order is not complied with, the Borough may, without further notice, correct the violation at the expense of the violator. If the violator does not reimburse the Borough for the expense of correcting the violation, such amount shall be certified to the Borough Tax Collector and shall constitute a lien upon the subject premises.
(6) 
In addition, the Construction Official may, in his discretion, revoke any open permits for failure to comply with the requirements of this section.
(7) 
Violation of any of the provisions of this section and each day that a summons is issued shall be deemed to be a separate and distinct offense, which may be merged into one offense in the discretion of the Court.
I. 
Enforcement. In addition to the enforcing agencies set forth in the International Property Maintenance Code and other ordinance of the Borough, the provisions of this ordinance may also be enforced by the Police Department, the Bureau of Fire Code Enforcement and all inspectors appointed within that Department.