[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 10-15-1973 (Ch. 62 of the 1975 Code). Amendments noted where applicable.]
Definitions. The following terms, wherever used herein or referred to in this chapter, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
- ACCESSORY STRUCTURE
- A structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
- BASEMENT or CELLAR
- Any floor, any portion of which is more than 24 inches below the adjacent grade level.
- A combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business or storage purposes.
- The condition or appearance 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 structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant, except that the foregoing shall not apply to hotels.
- ENFORCEMENT OFFICERS
- All officials, officers or employees entrusted with the enforcement of the provisions of this chapter.
- EXPOSED TO PUBLIC VIEW
- Any premises or any part thereof, or any building or any part thereof, which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, licensed open-air parking lot or from any adjoining or neighboring premises.
- EXTERIOR OF THE PREMISES
- Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
- FIRE HAZARD (see also "nuisance")
- 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.
- GARBAGE (see also "refuse" and "rubbish")
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
- (1) 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 Pemberton.
- (2) 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 a hazard for inquisitive minors.
- (3) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
- (4) Insufficient ventilation or illumination in violation of this chapter.
- (5) Inadequate or unsanitary sewage or plumbing facilities in violation of Borough ordinances.
- (6) Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this chapter.
- (7) Whatever renders air, food or drink unwholesome or detrimental to health of human beings.
- (8) Fire hazards.
- Any person living or sleeping in, occupying or having actual possession of a premises or a part thereof.
- Any person who has charge, care or control of a premises or part thereof, whether with or without the knowledge and consent of the owner.
- Any person who, alone 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 or dwelling unit as owner or agent of the owner or as fiduciary, including but not limited to 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/or assigned by said lessee.
- A lot, plot or parcel of land, including the buildings or structures thereon.
- REFUSE (see also "garbage" and "rubbish")
- All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- REGISTERED MAIL
- Registered mail or certified mail.
- RUBBISH (see also "garbage" and "refuse")
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, grass, bedding, crockery and similar materials.
- A combination of any materials, whether fixed or portable, forming a construction, including buildings.
- Deterioration, decay or damage caused by exposure to the elements.
Word usage. Whenever the words "accessory structure," "building," "dwelling," "premises" and "structure" are used in this chapter, 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.
In general. This chapter shall be applicable to every residential and nonresidential building, and the premises on which it is situated in the Borough, used or intended to be used for dwelling, commercial, business or industrial occupancy, which building shall comply with the provisions of this chapter.
[Amended 6-18-2016 by Ord. No. 2016-3]
Higher standard to prevail in case of conflict with other laws or ordinances. In any case where the provisions of this chapter impose a higher standard than set forth in any other 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 chapter impose a lower standard than any other ordinances of the Borough or laws of the State of New Jersey, then the higher standards contained in any such other ordinance or law shall prevail.
Editor’s Note: Former Subsection C, Issuance and renewal of other permits and licenses, and Subsection D, Enforcement of and compliance with other ordinances, which immediately followed, were repealed 6-18-2016 by Ord. No. 2016-3.
Owner and operator. Owners and operators shall have all the duties and responsibilities as prescribed in this chapter and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
Occupant. Occupants shall have all the duties and responsibilities as prescribed in § 151-5 and the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
Contract not to alter responsibilities. Unless expressly provided to the contrary in this chapter, the respective obligations and responsibilities of the owner and operator on one hand and the occupant on the other shall not be altered or affected by an agreement or contract by and between any of the aforesaid or between them and other parties.
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, which include but are not limited to the enumerations and provisions in the following subsections.
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris shall not be allowed to exist or to accumulate on the premises.
Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions of storm drainage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
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.
Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow and excretions of pets and other animals 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 unsanitary conditions with reasonable dispatch upon their discovery.
Sources of infestation. Every owner and operator shall be responsible for the elimination of infestation in and on the premises subject to his control.
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
Chimneys and all flue and vent attachments thereto. 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 and shall be structurally safe, durable, smoketight and capable of withstanding the action of flue gases.
Exterior raised porches, landings, balconies, stairs and fire escapes. Exterior raised porches, landings, balconies, stairs and fire escapes 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.
Appearance of exterior of premises and structures. 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 all buildings thereon shall reflect a level of maintenance in keeping with the standards of that particular area and such that the appearance of the premises and structures shall not constitute a depressing factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the particular area with the accompanying diminution of property values.
Storage of commercial and industrial material. Equipment and materials relating to commercial or industrial uses shall not be stored or used at a location visible from the sidewalk, street or other public areas, unless permitted under Chapter 210, Zoning, for the premises.
Landscaping. The landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating any adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.
Reconstruction of walls and sidings. All reconstruction of walls and sidings 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 value of neighboring and adjoining premises as aforesaid.
General maintenance of all structures and accessory structures. The exterior of every structure or accessory structure, including fences, shall be maintained in good repair and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. 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 and the neighborhood protected from blighting influences.
Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event awnings or marquees are made of cloth, plastic or similar materials, the cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
Structural soundness and general maintenance of exterior. 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 and fire hazards.
Structural soundness of exterior walls, sidings and roofs. Exterior walls, sidings and roofs shall be kept structurally sound, in good repair and free from defects.
Painting and other protective coating. All exposed surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating to prevent deterioration.
Weather- and water-tightness. Every structure shall be so maintained as to be weather- and water-tight.
Maintenance of exterior walls, roofs, etc. Exterior walls, roofs, windows, window frames, doors, door frames, foundations and other parts of the structure shall be so maintained as to keep water from entering the structure and to prevent excessive drafts. Damaged materials must be repaired or replaced promptly; places showing signs of rot, leakage, deterioration or corrosion are to be restored and protected against weathering or seepage.
Basements and cellars. Basements, cellars and crawl spaces are to be free of moisture resulting from seepage, and cross-ventilation shall be required where necessary to prevent accumulations of moisture and dampness.
Freedom from infestation. All parts of the premises shall be maintained so as to prevent infestation.
General sanitation and safety. All parts of the structure shall be kept in a clean and sanitary condition, free of nuisances and free from health, safety and fire hazards.
Freedom from accumulations and obstructions. No accumulation or obstruction from garbage, refuse or rubbish shall be permitted in stairways, areaways, balconies, porches, hallways, basements or cellars, except that garbage stored in proper containers may be set out for removal.
Cleanliness and sanitation. All parts of the premises under the control of the occupant or operator shall be kept in a clean and sanitary condition, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition.
Landscaping. The landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.
Ground surface hazards, unsanitary conditions, unregistered vehicles and/or vehicles without current license plates. It shall be the duty of the occupant to keep the premises free of holes, excavations, uncleared snow and excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises. All such holes and excavations shall be filled and repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. It shall also be the duty of the occupant to remove from the premises any motor vehicle which is unregistered and/or without current license tags or plates unless same is properly stored in a closed garage or, in the case of nonresidential premises, such motor vehicle is being currently serviced or repaired by a garageman in order to meet inspection requirements of the Division of Motor Vehicles of the State of New Jersey.
Eliminating infestation. Every occupant of a premises shall be responsible for the elimination of infestation in the premises and on the premises.
Malicious damage. Every occupant shall be responsible for willfully or maliciously causing damage to any part of the premises.
Administration of inspections, regulations, enforcements, and hearings on violations. The Borough Administrator is hereby designated to supervise and direct all the performance of the provisions of this chapter. Other public officials or employees of the Borough may be designated by ordinance or by resolution of the Borough Council as enforcement officers to perform such duties as may be necessary in accordance with the provisions of this chapter, including the making of inspections.
[Amended 6-18-2016 by Ord. No. 2016-3]
When inspections are to be made. All buildings and premises subject to this chapter are subject to inspections from time to time by the enforcing officer of the Borough. At the time of such inspections, parts of the premises must be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections.
Identification and conduct of inspectors. Enforcement officials and officers shall be supplied with official identification and, upon request, shall exhibit such identification when entering any structure or any part of any premises subject to this chapter. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
Where entry by enforcing officials is refused. Where the enforcing official or his agent is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties hereunder.
Search warrant or access warrant. In addition to the provisions of Subsection D, enforcing officials may, upon affidavit, apply to the Judge of the Borough of Pemberton for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the Judge is satisfied as to the matter set forth in the said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
Procedure where violation discovered. Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the enforcing official shall be served on the person or persons responsible for the correction thereof.
Enforcement procedures. Whenever the enforcement officer determines that there is or has been a violation of any provision(s) of this chapter, he or she shall give notice of such violation to the person or persons or entities responsible therefor under this chapter. Such notice shall be in writing and shall include a concise statement of the reasons for issuance of the notice. Such notice shall be deemed properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown by the current tax records of the Borough; 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 person or entities. Notice shall be given as aforesaid, within or without the Borough. The notice shall also state that, unless the violation is abated, removed, cured or prevented within 10 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for any such violation(s). The enforcement officer may, at the time the notice is issued, extend the period for compliance for a period in excess of 10 days if, in his or her judgment, the abatement, removal, prevention, cessation of, or cure of the condition violated cannot reasonably be cured within the ten-day period. In the event the violation is not fully remedied within said ten-day period or within such extended period as set forth in the notice pursuant to this subsection, a summons shall then be issued.
[Amended 6-18-2016 by Ord. No. 2016-3]
Emergency conditions. Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health, safety or welfare, the enforcement officer may issue an order by service of notice as set forth above reciting the existence of the emergency condition and requiring that such action be taken as soon as it is reasonably necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately.
[Amended 6-18-2016 by Ord. No. 2016-3]
Failure to comply; abatement by Borough. Where the abatement of any condition as described herein, or work necessary to place the premises in a proper condition so as to conform to this chapter or any other ordinance of the Borough or applicable laws of the State of New Jersey, shall not have been completed within the period required by the notice from the enforcement officer, the enforcement officer shall present a report of work proposed to be done to accomplish the foregoing to the Mayor and Council with an estimate of the cost, along with a summary of the proceedings undertaken by the enforcement officer to secure compliance, including notices served upon the occupants, owners, or operators, as the case may be. The Mayor and Council may thereupon, by resolution, authorize the abatement of the condition or work necessary to place the premises in proper condition and in compliance with this chapter. The enforcement officer may thereafter cause the work to be performed in accordance with the resolution at Borough expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and the costs to the Mayor and Council. After a review of the report, the Mayor and Council may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner.
[Amended 6-18-2016 by Ord. No. 2016-3]
Editor's Note: This ordinance also repealed former Subsections J through P, which immediately followed.
Penalties for violations. Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Amended 2-21-2006 by Ord. No. 2006-2]
Meaning of "each violation." Each violation of a section or subsection of this chapter shall constitute a separate and distinct violation independent of a violation of any other section or subsection or any order issued pursuant to this chapter. Each day's failure to comply with any such section or subsection or any such order shall constitute a separate violation.
Additional penalty for second violation. Where an owner, operator or occupant has been convicted of a violation of this chapter and within 12 months thereafter has been found by the Judge of the Municipal Court to be guilty of a second violation, the Court may, if it feels that the second offense was willful and inexcusable, sentence the offender, in addition to or in lieu of the fine set forth in Subsection A, to imprisonment in the county jail for a period not to exceed 90 days.
Fine as a lien. In the event of the imposition of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, operator or lessor of any building or structure in the Borough required to be registered, for violation of any Borough ordinance or any state law applicable to the Borough, the fine or penalty shall be collectible as a lien against the premises, in addition to any other remedies now provided by law.