[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 4-9-1984 as Ord. No. 84-3.
Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code of the
Borough of New Providence" and may be referred to in this chapter in the short
form as "this code."
It is hereby found and declared that there exist in the Borough of New
Providence structures used for residential and nonresidential use which are
or may become in the future substandard with respect to structure, equipment
or maintenance and, further, that such conditions, including but not limited
to structural deterioration; lack of maintenance and appearance of the exterior
of premises; infestation; lack of essential heating, plumbing, storage or
refrigeration equipment; lack of maintenance or upkeep of essential utilities
and facilities; existence of fire hazards, inadequate provisions for light
and air; insanitary conditions; and overcrowding, constitute a menace to the
health, safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the Borough of New Providence. It is further found and declared
that, by reason of lack of maintenance and 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, blight may be prevented
and the neighborhood and property values thereby maintained the desirability
and amenities of residential and nonresidential uses and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
The purpose of this code is to:
A.
Protect the public health, safety, morals and welfare
by establishing minimum standards governing the maintenance, appearance, condition
and occupancy of residential and nonresidential premises.
B.
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.
C.
Fix certain responsibilities and duties upon owners and
operators and distinct and separate responsibilities and duties upon occupants.
D.
Authorize and establish procedures for the inspection
of residential and nonresidential premises.
E.
Establish procedures for implementing the requirements
of this code.
F.
Fix penalties for the violations of this code.
G.
Provide for the repair, demolition or vacation of premises
found to be in violation of this code.
The following terms, wherever used herein or referred to in this code,
shall have the respective meanings assigned to them unless a different meaning
clearly appears from the context; All definitions of the BOCA Basic Building
Code and the Zoning Ordinance of the Borough of New Providence[1] are hereby included.
As used in this chapter, the following terms shall have the meanings
indicated:
A structure having a roof supported by columns or walls, used or
intended to be used for the shelter or enclosure of persons, animals or property.
When such a structure is divided into separate parts by one or more unpierced
walls extending from the ground up, each part is deemed a separate "building"
except as regards minimum side yard requirements.
The condition of a building 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.
Any premises or any part thereof of any building or any part thereof
which may be lawfully viewed by the public or any member thereof.
Open space on the premises outside of any building thereon.
The control and elimination of insects, rodents and vermin.
Putrescible animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
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 and serving and storage pantries. Corridors, foyers,
vestibules, cellars, heater rooms, boiler rooms, utility rooms and other rooms
or spaces that are not used frequently or for an extended period of time or
that have less than 70 square feet of superficial floor area shall not be
considered as "habitable rooms."
The presence of insects, rodents, vermin or other pests on the premises
which constitute a health hazard.
A committee consisting of three Council members designated annually
by the Borough Council.
Any building containing one or more dwelling units or rooming units
and also having a portion thereof devoted to nondwelling uses or as a hotel
or motel.
Any public nuisance known at common law or in equity jurisprudence or
as provided by the statutes of the State of New Jersey or the ordinances of
the Borough of New Providence.
Any attractive nuisance which may prove detrimental to the health or
safety of children, 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 structurally unsound fences or structures, lumber, trash fences, debris
or vegetation, such as poison ivy, oak or sumac, which may prove hazardous
for inquisitive minors.
Physical conditions dangerous to human life or detrimental to health
of persons on or near the premises where the conditions exist.
Overcrowding of a room with occupants in violation of this code.
Insufficient ventilation or illumination in violation of this code.
Inadequate or insanitary sewage or plumbing facilities in violation
of this code.
Insanitary conditions or anything offensive to the senses or dangerous
to health in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings.
Fire hazards.
Any person or persons, including the owner in actual possession of,
using an entire building or an occupancy unit in a building.
Any person who has charge, care or control of a dwelling or premises
or a part thereof, whether with or without the knowledge and consent of the
owner.
Any person who, along or jointly or severally with others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or shall have charge, care or control of any dwelling
unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee, receiver or guardian of the estate or as a mortgagee
in possession, regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit shall be deemed to be a "co-owner" with the lessor and shall
have joint responsibility over the portion of the premises sublet or assigned
by said lessee.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
A lot, plot or parcel of land, including the buildings or structures
thereon.
Any officer who is in charge of any department or branch of the government
of the municipality, county or state relating to health, fire or building
regulations or to other activities concerning buildings in the municipality.
See § 207-13.
(See also "garbage" and "rubbish.") -- All putrescible and nonputrescible
solid waste (except body wastes), including but not limited to garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles and solid market
and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
A combination of materials to form a construction for occupancy use
or ornamentation, whether installed on, above or below the surface of a parcel
of land.
Every residential, nonresidential or mixed-occupancy building and the
premises on which it is situated, 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 building shall have been constructed, altered
or repaired before or after the enactment of this code, and irrespective of
any permits or licenses which shall have been issued for the use of occupancy
of the building or premises for the construction or repair of the building
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 set forth in any other local ordinances 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 other local ordinances
or of the laws of the State of New Jersey, then the higher standard contained
in any such other ordinances or law shall prevail.
No license or permit or other certification of compliance with this
code shall constitute a defense against any violation of any other local ordinance
applicable to any structure or premises, nor shall any provisions herein relieve
any owner, operator or occupant from complying with any such other provision,
nor any official of the Borough of New Providence from enforcing any such
other provision.
A.
Hazards and insanitary conditions. The exterior of the
premises and all structures thereon shall be kept free of all nuisances, of
any hazards to the safety of occupants, pedestrians and other persons utilizing
the premises and of insanitary 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 which include
but are not limited to the following:
(1)
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious
growths, filth, garbage, trash, rubbish and debris.
(2)
Natural growth. Dead and dying trees and limbs or other
natural growth which, by reason of rotting or deteriorating conditions or
storm damage, constitute a hazard to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhangings. 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 in the vicinity thereof.
(4)
Ground surface hazards or insanitary conditions. Holes,
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 persons on 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 insanitary conditions with reasonable
dispatch upon their discovery.
(5)
Sources of infestation.
B.
Foundation walls shall be kept structurally sound, free
from defects and damage and capable of bearing imposed loads safely.
C.
Chimneys and all flue and vent attachments thereto. Chimneys
and all flue and vent attachments thereto shall be maintained structurally
sound and 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,
smoketight and capable of withstanding the action of flue gases.
D.
Exterior porches, landings, balconies, stairs and fire
escapes. Exterior porches, landings, balconies, stairs and fire escapes more
than two 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.
The exterior of the premises, the exterior of structures and the condition
of accessory structures shall be maintained so that the appearance of the
premises and structures shall not constitute a blighting factor for adjoining
property owners including the following:
A.
Storage of commercial and industrial material. There
shall not be stored or used at a location visible from the sidewalk, street
or other public areas equipment and materials relating to commercial or industrial
use unless permitted under the Zoning Ordinance[1] for the premises.
B.
Landscaping. Premises with landscaping and lawns, hedges
and bushes shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view and where the same constitute a blighting factor
depreciating adjoining property.
C.
Reconstructed walls and sidings. Reconstructed walls
and sidings of nonresidential structures shall be of standard quality and
appearance commensurate with the character of the properties in the same block
and on both sides of the street on which the premises front such that the
materials used will not be of a kind that, by their appearance under prevailing
appraisal practices and standards, will depreciate the values of the neighboring
and adjoining premises as aforesaid.
D.
General maintenance. The exterior of every structure
or accessory structure, including fences, shall be maintained in good repair.
The same shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition reflective of deterioration
or inadequate maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated and adjoining properties protected from
blighting influences.
A.
The outside building walls shall not have any holes,
loose boards or any broken, cracked or damaged finish which admits rain, cold
air, dampness, rodents, insects or vermin.
B.
Every dwelling shall be so maintained as to be weather-
and watertight.
C.
All parts of the premises shall be maintained so as to
prevent infestation.
D.
All parts of the dwelling shall be kept free of nuisance
and free from health, safety and fire hazards.
E.
Every roof, roof gutter, flashing, rainwater conductor
and roof cornice shall be weather- and raintight and shall be kept in good
repair.
A.
Responsibility for removal. The owner or operator shall
have the duty and responsibility of removing garbage wherever a janitor is
required for the premises in accordance with Subsection C.
B.
Storage areas. In dwellings containing four or more dwelling
units, storage areas or storage bins of fireproof construction and containing
fireproof walls and partitions of at least a one-hour rating shall be provided.
C.
Janitorial service. In every dwelling containing three
or more dwelling units or rooming units or combination thereof, the owner
shall provide or designate a superintendent, janitor, caretaker or housekeeper,
who shall at all times maintain the premises in compliance with this code
and keep the premises free from filthy garbage, refuse and rubbish and who
shall be responsible for the daily collection of garbage and other refuse
from the occupants on a regular schedule and at a reasonable time and place
the same out for collection. Said person shall be regularly available on the
premises to perform the foregoing duties and, in case of complexes of 50 or
more units, shall reside on the premises. In the event that said superintendent,
janitor, caretaker or housekeeper shall not reside in said premises, the owner
or operator shall make his name, address and telephone number known to all
tenants and shall register the same with the public officer and shall also
make available and known to all tenants and the public officer the name of
an alternative individual who shall be responsible at all times during the
absence of said superintendent, janitor, caretaker or housekeeper. The failure
of any superintendent, janitor, caretaker or housekeeper to comply with the
provisions of this code, even in disobedience o instructions, shall not relieve
the owner or operator from the duties and responsibilities imposed by this
code. Additionally, the owner or operator shall register the name, address
and telephone number of said owner or operator with the public officer.
The Borough Administrator is hereby designated to serve as the public
officer hereunder, and all inspections, regulations, enforcement and hearings
on violations of the provisions of this code, unless expressly stated to the
contrary, shall be under his direction and supervision. He may appoint or
designate such other local public officers or employees to perform duties
as may be necessary to the enforcement of this code, including the making
of inspections and holding of hearings.
Whenever a petition is filed with the public officer by a public authority
or by at least four residents of the municipality charging that any building
is in violation of this code or whenever it appears to the public officer,
on his own motion, that any building is in violation of the code or that the
continuing of any condition constitutes a nuisance in the meaning of this
chapter or presents a condition harmful to the health and safety of the occupants
of said building and the general public of the municipality, the public officer
shall, if his preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner of and parties in interest in
such building a complaint stating the charges in that respect and containing
a notice that a hearing will be held before the public officer or his designated
agent at a place therein fixed not less than 10 days nor more than 30 days
after the serving of the complaint; that the owner and parties in interest
shall be given the right to file an answer to the complaint and to appear
in person or otherwise and give testimony at the place and time fixed in the
complaint; and that the rules of evidence prevailing in the courts shall not
be controlling in hearings before the public officer.
If the public officer determines that the building under consideration
is in violation of this code, he shall state, in writing, his findings of
fact in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
A.
Requiring the repair, alteration or improvement of said
building to be made by the owner within a reasonable time, which time shall
be set forth in the order or at the option of the owner to vacate or have
said building vacated and closed within the times set forth in the order;
or
B.
If the building is in such a condition as to make it
dangerous to the health and safety of persons on or near the premises and
the owner fails to repair, alter or improve said building within the time
specified in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said order of removal.
If the person or persons notified disagree with the decision of the
public officer because of alleged misinterpretation of this chapter and its
intent, then they shall have the right of appeal to the Maintenance Code Review
Committee of the Borough of New Providence within 14 days after notice of
the order to repair or demolish. If the findings of the Maintenance Code Review
Committee are that the intent of this chapter was misinterpreted, then its
decision will be final.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building, the public
officer may cause such building to be repaired, altered or improved or to
be vacated and closed.
The amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of any proceeding
taken under this chapter determined in favor of the municipality and such
cost of such repairs, alterations or improvements or vacating and closing
or removal or demolition, if any, or the amount of the balance thereof remaining
after deduction of the sum, if any, realized from the sale of materials derived
from such building or from any contract for removal or demolition thereof
shall be a municipal lien against the real property upon which such cost was
incurred. The public officer shall certify the cost thereof to the governing
body, which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against said lands; the amount so
charged shall forthwith become a lien upon such lands and shall be added to
and become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as taxes, and shall
be collected and enforced by the same officers and in the same manner as taxes.
If the building is removed or demolished by the public officer, he shall sell
the materials of such building. There shall be credited against the cost of
the removal or demolition thereof the proceeds of any sale of such materials
or any sum derived from any contract for the removal or demolition of the
building. If there are no such credits or if the sum of such costs exceeds
the total of such credits, a detailed statement of the aforesaid costs and
the amount so due shall be filed with the Municipal Tax Assessor or other
custodian of the records of tax liens, and a copy thereof shall be forthwith
forwarded to the owner by registered mail. If the total of the credits exceeds
such costs, the balance remaining shall be deposited in the Superior Court
by the public officer, shall be secured in such manner as may be directed
by such court and shall be disbursed according to the order or judgment of
the Court to the persons found to be entitled thereto by final order or judgment
of such Court; provided, however, that nothing in this section shall be construed
to impair or limit in any way the power of the municipality to define and
declare nuisances and to cause their removal or abatement, by summary proceedings
or otherwise. Any owner or party in interest may, within 60 days from the
date of the filing of the lien certificate, proceed in a summary manner in
the Superior Court to contest the reasonableness of the amount or the accuracy
of the costs set forth in the municipal lien certificate.
Complaints or orders issued by a public officer pursuant to this chapter
shall be served upon persons either personally or by registered mail, but
if the whereabouts of such persons is unknown and the same cannot be ascertained
by the public officer in the exercise of reasonable diligence and the public
officer shall make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once each week
for two successive weeks in a newspaper printed and published in the municipality
or, in the absence of such newspaper, in one printed and published in the
county and circulating in the municipality in which the buildings are located.
A copy of such complaint or order shall be posted in a conspicuous place on
premises affected by the complaint or order and shall be duly recorded or
lodged for record with the county recording office of the county in which
the building is located.
The public officer shall exercise such powers as may be necessary or
convenient to carry out and effectuate the purposes and provisions of this
chapter, including the following powers in addition to others herein granted:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein are in violation of this code.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession and provided that any
entrance without the permission of the occupant shall be consistent with the
laws and constitution of the State of New Jersey and of the United States.
D.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
The public officer may, subject to approval by the governing body, by
ordinances amending this chapter, adopt written rules and regulations as he
may deem necessary for the proper enforcement of the provisions of this chapter;
provided, however, that such rules and regulations shall not be in conflict
with the provisions of this chapter, nor in anywise alter, amend or supersede
any of the provisions thereof. The public officer shall file a certified copy
of all rules and regulations which he may adopt in his office and in the office
of the Clerk of the Borough of New Providence. Such rules and regulations
shall be ineffective until adoption by the governing body of the Borough of
New Providence of ordinance.
The public officer may determine that a building is in violation of
this code if he finds that conditions exist in such building which are dangerous
or injurious to the health or safety of the occupants of such building, the
occupants of neighboring buildings or other residents of such municipality.
Such conditions may include the following without limiting the generality
of the foregoing: defects therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair; structural defects; and uncleanliness.
The governing body of the Borough of New Providence may, by resolution,
abate a nuisance, correct a defect or put the premises in condition so as
to comply with the requirements of any municipal ordinance or state law applicable
thereto, at the cost of the owner or lessor, and expend municipal funds to
such purpose and charge the same against the premises, and the amount thereof,
as determined by the governing body of the municipality, shall be a lien against
the premises and collectible as provided in this chapter.
Whenever the public officer finds that an emergency exists which requires
immediate action to protect the public health or safety, he may issue an order
requiring that such action be taken as he determines necessary and apply the
statutes and other provisions of this chapter to meet the emergency, and such
order shall be effective immediately, and any person to whom such order is
directed should comply immediately. The provisions of this chapter to charge
the costs and making them assessable as taxes shall apply to such emergencies.
Any violation of any ordinance other than this code discovered in the
enforcement of this code shall be reported to the public officer, who shall
refer the alleged violation to the official or agency responsible for the
enforcement of such ordinances.
The public officer shall have the power to withhold strict enforcement
of this code upon written application therefor by an owner or party in interest
after making a determination that:
A.
Any variation or modification of a structure or use approved
by the public officer will not in any material way alter the standards of
this code and cannot affect detrimentally the health or safety of occupants
or owners of adjacent premises or of the neighborhood;
B.
Strict enforcement would constitute an undue and unnecessary
hardship on the owner, operator or occupant because it would compel expenditures
on the premises which would be substantially disproportionate to any benefit
to health, safety or welfare that might be derived therefrom;
C.
The owner, operator or occupant is without any practical
or feasible means to comply with the strict provisions of this code; and
D.
Premises subject to this code are contemplated for acquisition
or are within an area where acquisition is contemplated by a public agency
having the power of eminent domain and that there is a reasonable likelihood
that said premises will be acquired within a period of two years and that
the strict enforcement of the provisions of this code would require the installation
of repairs and improvements estimated to exceed $300 in cost and there is
an alternative means satisfactory to the public officer to be used which will
eliminate violations of this code constituting hazards to the health, safety
and welfare of the occupants of the premises and persons in the immediate
vicinity thereof; provided, however, that any waiver of the provisions of
this code permitted under this subsection shall be canceled and the public
officer shall strictly enforce the code if it shall be ascertained subsequent
to the granting of the waiver that the premises are in fact not to be acquired
for any public use or purpose.
The public officer may, with the approval of the governing body of the
Borough of New Providence, by resolution, bring an action to be appointed
receiver ex officio of the rents and income of such property and expending
the same for the purpose of abating the conditions against which this chapter
is directed. The procedure and other legal steps shall be governed by the
provisions of N.J.S.A. 40:48-2.12h to 40:48-2.12k and/or 2A:42-74 to 2A:42-84.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine of not to exceed
$500 or by imprisonment in the county jail for a period of not to exceed 90
days, or by both such fine and imprisonment, and each violation of any of
the provisions of this chapter and each day the same is violated shall be
deemed and taken to be a separate and distinct offense.
This chapter is enacted pursuant to the following New Jersey statutes:
N.J.S.A. 40:48-2.13; N.J.S.A. 40:48-2.14; N.J.S.A. 40:48-1(15); N.J.S.A. 40:48-2.3
to 40:48-2.12; N.J.S.A. 40:48-2.12a to 40:48-2.12l; N.J.S.A. 40:69A-30; and/or
2A:42-74 to 2A:42-84 and the general police powers.
