[HISTORY: Adopted by the Borough Council
of the Borough of Pemberton 10-15-1973 (Ch. 62 of the 1975 Code). Amendments noted where applicable.]
A.
ACCESSORY STRUCTURE
BASEMENT or CELLAR
BUILDING
DETERIORATION
DWELLING
ENFORCEMENT OFFICERS
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
FIRE HAZARD (see also "nuisance")
GARBAGE (see also "refuse" and "rubbish")
INFESTATION
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE (see also "garbage" and "rubbish")
RUBBISH (see also "garbage" and "refuse")
STRUCTURE
WEATHERING
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:
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.
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.
All officials, officers or employees entrusted with the enforcement
of the provisions of this chapter.
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.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
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.
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.
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.
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.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Insufficient ventilation or illumination in
violation of this chapter.
Inadequate or unsanitary sewage or plumbing
facilities in violation of Borough ordinances.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of this chapter.
Whatever renders air, food or drink unwholesome
or detrimental to health of human beings.
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.
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.[1]
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.
[1]
Editor's Note: The former definition of "registered mail,"
which immediately followed this definition, was repealed 8-19-2019 by Ord. No. 2019-6.
B.
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.
A.
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]
B.
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.[1]
[1]
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
F.
Sources of infestation. Every owner and operator shall
be responsible for the elimination of infestation in and on the premises
subject to his control.
G.
Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing imposed
loads safely.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
S.
Weather- and water-tightness. Every structure shall
be so maintained as to be weather- and water-tight.
T.
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.
U.
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.
V.
Freedom from infestation. All parts of the premises
shall be maintained so as to prevent infestation.
W.
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.
X.
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.
A.
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.
B.
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.
C.
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.
D.
Eliminating infestation. Every occupant of a premises
shall be responsible for the elimination of infestation in the premises
and on the premises.
E.
Malicious damage. Every occupant shall be responsible
for willfully or maliciously causing damage to any part of the premises.
A.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Enforcement procedures. Whenever the enforcement official determines
that there is or has been a violation of any provision(s) of this
chapter, he or she shall give written notice of such violation to
the person(s) or entity(ies) responsible therefor. The notice shall
specify the violation or violations committed, what must be done to
correct same, and 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 official for good cause may
grant a period not to exceed 30 days to correct a violation. Such
notice may be served personally or by regular first-class mail with
postage prepaid, addressed to the last known address of the person
to be served, as shown by the current tax records of the Borough,
and shall be posted on the front door of the structure.
[Amended 6-18-2016 by Ord. No. 2016-3; 8-19-2019 by Ord. No. 2019-6]
H.
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]
I.
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[1]]
[1]
Editor's Note: This ordinance also repealed former Subsections
J through P, which immediately followed.
[Amended 2-21-2006 by Ord. No. 2006-2; 8-19-2019 by Ord. No. 2019-6]
A.
Penalties
for violations. Any person, firm or corporation violating any provision
of this chapter shall be subject to the general penalty provisions
of the Code.
B.
Separate
violations. 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.
C.
Fine as
a lien. In addition to any other remedies, any fine imposed by a court
against the owner, operator or lessor of any building or structure
for violation of this chapter, or for violation of any state law,
code, or regulation, shall be collectible as a lien against the premises.