[Adopted 12-27-1979 by Ord. No. 844]
This article shall be known as the "Property
Maintenance Code of the Borough of Middlesex" and may be referred
to in the short form as the "Property Maintenance Code" or in this
article as "this code."
It is hereby found and declared that there exist
in the Borough 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, lack of maintenance of exterior
premises and vacant lots, infestation, lack of maintenance or upkeep
of essential facilities and utilities, 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 Borough. 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
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.
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 or 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 fix certain responsibilities and duties upon owners, operators
and occupants of property; and to provide for administration and enforcement
of this article.
Every residential and nonresidential structure
and the premises on which they are situated in the Borough used or
intended to be used for dwelling, commercial, business or industrial
occupancy 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 of 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
Borough 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 Borough 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 article shall be deemed to abolish
or impair 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 purpose of this article, be defined as follows:
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.
Except as defined in § 317-12A, the enforcement officer shall be the Construction Official or his authorized representative. At the request of the enforcement officer, any patrolman or special officer of the Police Department, as defined in Chapter 80 of the Code of the Borough of Middlesex, shall be authorized to enforce § 317-1 of this chapter as related to any condition that offends, or is pervasive or obnoxious odors, or airborne particles which cause breathing difficulties or eye irritation, or any other such irritations or disturbances of a person of normal sensitivity.
[Amended 4-9-2013 by Ord.
No. 1825]
Those portions of a building or structure which are exposed
to public view or are visible 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, trapping or by any other approved pest elimination methods.
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 fire 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 waste resulting from the handling, preparation,
cooking and consumption of food.
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 article.
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 with
or without accompanying actual possession 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, sublessee or assignee of a lessee 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 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 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 material and solid commercial
and industrial waste. No chemicals such as those used in swimming
pools, oil, gasoline or any other chemical which could cause a fire,
explosion, or obnoxious gas shall be considered rubbish.
Motor vehicles, trailers, motorcycles, trucks, motorized
or not, shall not be permitted on the exterior of premises unless
housed in a garage. Unregistered vehicles may, however, be permitted
on premises if the premises are used as a licensed junkyard.
[Added 1-27-2004 by Ord. No. 1596-04]
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this article,
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 article that another
owner, operator or occupant or any other third person or entity is
also responsible therefor and in violation thereof.
A.
The exterior of the premises and all structures thereon
shall be kept free of all nuisances, and any hazards to the safety
of occupants, pedestrians and other persons utilizing the premises,
and free of unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner or operator. It shall
be the duty of the owner or operator to keep the premises free of
hazards that include but are not limited to the following:
[Amended 10-13-2009 by Ord. No. 1753]
(1)
Broken
glass, filth, garbage, trash, rubbish, litter and debris which constitute
a fire or safety hazard or present a dangerous condition for other
persons or members of the public on any adjacent land or property.
(2)
Woodpiles
and brush, grass, weeds, ragweed, stumps, roots and other obnoxious
growth (10 inches or higher) which constitute a threat to neighboring
property or are a potential harborage for rodents or insects; dead
and dying trees and limbs or other natural growth which, by reason
of rotting or deteriorating conditions or storm damage, constitutes
a hazard to persons in the vicinity thereof.
(3)
Loose
and overhanging objects, and accumulations of ice and snow which by
reason of location above ground level constitute a danger of falling
on persons or public land or private land adjacent to the premises
upon which such condition exists.
(4)
Holes,
broken or missing pavement, loose stone, excavations, breaks, projections
and obstructions on paths, walks, driveways, parking lots and parking
areas and other parts of the premises which are accessible to and
used by the public or persons invited onto the premises. All such
holes and excavations shall be filled and repaired, walks and steps
replaced and other conditions, removed, where necessary to eliminate
hazards or unsanitary conditions, with reasonable dispatch upon their
discovery.
(5)
Foundation
walls shall be kept structurally sound, free from defects and damage,
and capable of bearing imposed loads safely to insure against the
collapse of buildings that may endanger human life or adjacent property.
(6)
Chimneys
and all flue and vent attachments thereto shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed. Chimneys, flues,
gas vents or other draft-producing equipment shall provide sufficient
draft to develop the rated output of the connected equipment, shall
be structurally safe, durable, smoke-tight and capable of withstanding
the action of flue gases.
(7)
Exterior
porches, landings, balconies, stairs and fire escapes more than three
risers high shall be provided with banisters or railings properly
designed and maintained to minimize the hazard of falling, and the
same shall be kept structurally sound, in good repair and free from
defects.
(8)
Adequate
runoff drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
(9)
Parking
of any vehicle, trailer, or mobile structure on a nondesignated driveway
area that is a potential harborage for rodents or insects and may
cause possible ground contamination by hazardous chemicals such as
gasoline or oil-based lubricants.
(11)
Unregistered motor vehicles, trailers, motorcycles, trucks, motorized
or not, shall not be permitted on the exterior portion of the property
unless housed in a garage. Unregistered vehicles may, however, be
permitted on premises if the premises are used as a licensed junkyard.
(12)
Garbage and rubbish, as defined in this article. Garbage containers
will be permitted adjacent to the roadway on the night before and
on the day hours of pickup only. Containers used for the storage of
garbage and rubbish shall be limited to 50 pounds, including contents
and container. Only garbage and rubbish resulting from the actual
use of the premises may be permitted on the premises. This section
shall be enforced by the Code Enforcer or his designee.
B.
Structural soundness. Every structure and accessory
structure and every part thereof shall be kept structurally sound
and in a state of good repair 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 loose, crumbling or falling
bricks, stones, 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 injury to persons coming in contact therewith.
(4)
Windows, doors, etc.: broken glass or windows, rotten,
missing or substantially destroyed window frames and sashes, door
frames, exterior doors or other junior exterior component parts of
buildings or structures.
(5)
Exterior walls, sidings and roof: Exterior walls,
sidings, gutters and leaders and roof shall be kept structurally sound,
in good repair and free from defects.
(6)
Exterior chimneys: Exterior chimneys shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed.
C.
Steps, walks, driveways and parking lots. Steps, walks,
driveways, parking lots, parking spaces and similar paved areas 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.
A.
Enforcement officer. It shall be the duty and responsibility of the Construction Official of the Borough to enforce the provisions of this code as herein provided. "Construction Official," throughout this article, shall also mean subordinates of the Construction Official and all enforcement officers defined in § 317-9.
B.
Coordination of enforcement. Inspection of premises
and the issuing of orders in connection therewith under the provisions
of this code shall be the exclusive responsibility of the Building
Department of the Borough. Wherever in the opinion of the Construction
Official it is necessary or desirable to have inspections of any condition
by any other department, he 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 Construction Official, and 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. The enforcement officer is authorized
to enter upon any land at any reasonable time for the purpose of performing
his duty under this code.
D.
Enforcement procedure. Whenever an enforcement officer
determines that there is or has been a violation of any provision
of this article, he shall give notice of such violation to the person,
persons or entities responsible therefor under this section. Such
notice 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 a copy thereof handed to said person or persons, or a copy thereof
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.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted within seven days of the date of service
of such notice (exclusive of the date of service), a summons can 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 seven days if, in his judgment, the abatement, removal,
prevention, cessation or cure of the condition violated cannot reasonably
be effected within the seven-day period. In the event the violation
is not abated, removed, cured, prevented or desisted from or otherwise
fully remedied within said seven-day period or within such extended
period as set forth in the notice, pursuant to the foregoing, a summons
can be issued against the person, persons, entity or entities so notified. After
three separate notice of violations of the same nature concerning
a specific property are served in accordance with this chapter within
a three-year period (with said three-year period commencing from the
first applicable violation and all three applicable contained within
a three-year period from the first applicable violation) then no further
notice of violation shall be required hereunder for any subsequent
violations of the same nature and property, and the enforcement officer
may immediately issue a summons pursuant to this chapter.
[Amended 3-22-2011 by Ord. No. 1789; 10-12-2021 by Ord. No. 2046]
E.
Emergency conditions. Whenever the enforcement officer finds that an emergency condition in violation of the article exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order 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 article to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the enforcement officer, any such person shall be afforded a hearing before the governing body of the Borough as soon as is reasonably possible. After such a hearing and decision by the governing body as to the existence or nonexistence of the emergency condition, the governing body 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.
F.
Odors and airborne particles. Notwithstanding the provisions of this
section, if it is determined by the enforcement officer that there
is an immediate disturbance to the comfort and convenience of any
resident of the Borough of Middlesex by means of any pervasive or
obnoxious odors, or airborne particles which cause disturbances of
a person of normal sensitivity, then no notice shall be required hereunder,
and the enforcement officer may immediately issue a summons of violation
to a person or entity.
[Added 4-9-2013 by Ord.
No. 1825]
[Amended 3-22-2011 by Ord. No. 1789; 4-9-2013 by Ord. No. 1825]
Any person or entity who shall violate any of
the provisions of this article or any order promulgated hereunder
shall, after a summons is issued under the terms hereof, be punished
as follows, for each such violation occurring during any calendar
day being considered a separate offense:
[Added 5-25-1982 by Ord. No. 936; amended 11-24-2020 by Ord. No. 2012]
In accordance with N.J.S.A. 40:48-2.13, when
any owner or tenant of lands who has neglected or refused to remove
or destroy brush, weeds, dead and dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris after having been duly noticed
to remove same, within the manner and time provided, the Borough,
itself, as an additional remedy, may see to removal or compliance
by utilizing the procedures set forth herein.
A.
If such removal or compliance does not occur because the owner or tenant has refused or neglected or otherwise determined not to remove or comply, despite the notice of violation as set forth in § 317-13, the Borough may proceed to remediate the condition itself and authorize the investigating Borough official to effect removal or compliance subject to the due process procedure delineated herein.
B.
The property
owner or tenant shall be entitled to a hearing before the Borough
Council. Service, duly noticed, of this hearing shall be made upon
such owner, lessor or its agent by the Borough. This service of notice,
provided to the owner, lessor, and adjacent property owners/tenants
or their authorized agent, shall state the remediation action which
may be taken by the Borough Council at that meeting. The notice shall
also include a Notice of Lien indicating the cost to be incurred by
the Borough to fully remediate the violation with said cost to be
charged against the dwelling or lands.
C.
In the
event of an inability to serve the owner, lessor or agent, after reasonable
effort, pursuant to N.J.S.A. 40:48-2.12, sufficient notice shall be
deemed to have been given if such notice is posted on the premises
in a conspicuous place.
D.
Within
30 days of receipt of this service of notice or any extension of time
granted thereto by the Borough Council, a public hearing shall be
held by the Borough Council, at which time, after the presentation
of evidence by the appropriate Borough official and the property owner/tenant,
it may, if the evidence warrants it, adopt a resolution authorizing
the remediation of the condition.
E.
Pursuant
to resolution, a lien shall be added to and become and form part of
the taxes next to be assessed and levied upon such lands. Such a lien
shall bear interest at the same rate as the taxes and shall be collected
and enforced by the Tax Collector.
[Added 10-25-2005 by Ord. No. 1655]
A.
The excavation, grading, paving, erection, demolition,
alteration or repair of any premises, street, building or structure
is prohibited at any time other than between the hours of 7:30 a.m.
and 8:30 p.m. on all days, except in the case of urgent necessity
in the interest of public health and safety, and then only in accordance
with an approval first obtained from the Borough Engineer, related
to land clearing and grading, drainage, sewer and water utilities
and public improvement work, or from the Construction Official as
to other work. Such approval may be granted for a period not to exceed
three days while the emergency continues. The provisions of this section
shall not apply to interior or exterior repairs or to interior alterations,
the work for which is actually performed by a homeowner or occupant,
personally, between the hours of 8:00 a.m. and 10:00 p.m. upon residential
premises, provided that the work shall be done without undue noise
or disturbance of the peace and quiet of the neighborhood.
B.
Violations and penalties. Any person who shall violate
any provision of this section shall be liable for a penalty not exceeding
$500, and each day such violation continues shall constitute a separate
violation and/or offense.
C.
Enforcement. The Middlesex Borough Police Department,
the Construction Official, the Code Enforcement Officer, and the Fire
Prevention Bureau are hereby authorized to administer and enforce
the provisions of this section and to make and sign complaints.
