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 detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
- AUTO REPAIR FACILITY STORAGE YARDS
- Accumulations of no more than 25 unlicensed or inoperable motor vehicles associated with auto repair facilities (body shops, auto service garages, automobile dealers, etc.), meeting all criteria of Article VIII of this chapter.[Amended 7-15-1983 by Ord. No. 13-1983]
- Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
- CAPITAL IMPROVEMENT
- An improvement erected as a permanent improvement to real
property that adds to its value and useful life; for purposes of illustration
and not meant to be all-inclusive, examples would be a roof, construction
of additional room to home, etc.[Amended 10-18-2006 by Ord. No. 20-2006]
- 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.
- A structure or portion thereof which is used exclusively for human habitation.
- 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 of any premises which may be lawfully
viewed by the public or any member thereof.[Added 10-2-1997 by Ord. No. 26-1997]
- EXTERIOR OF PREMISES
- Those portions of a building or physical facility which are
exposed to public view or are visible from adjoining or adjacent lots
and the open space of any premises outside of any building erected
thereon.[Amended 10-2-1997 by Ord. No. 26-1997]
- 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," "RUBBISH")
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- The presence of rodents, vermin or other pests on the premises which constitute a health hazard.
- Any scrap, waste, reclaimable materials or debris (except
for those properly maintained as part of a municipal or county recycling
program), including unlicensed and/or inoperable motor vehicles, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, bailing, disposal or other use or disposition; inoperable
and/or unused lawn mowers and bicycles, except for those maintained
by the owner for his or her reasonably personal use.[Amended 10-2-1997 by Ord. No. 26-1997]
- Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.
- (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 Township of Pemberton.
- (2) An attractive nuisance or physical condition which proves detrimental to the health, safety and welfare of the persons, 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 ice boxes, refrigerators, motor vehicles, lighting fixtures, electrical fixtures, plumbing fixtures and equipment, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak or sumac, which may prove a hazard. This also includes swimming pools which are not completely enclosed by a durable, self-latching fence at least four feet high.[Amended 10-2-1997 by Ord. No. 26-1997]
- (3) Any structure or building that is in a state of dilapidation, deterioration or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises.[Amended 10-2-1997 by Ord. No. 26-1997]
- (4) Insanitary conditions or anything offensive to the senses or dangerous to health in violation of this chapter.
- (5) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
- (6) Any premises which is manifestly capable of being a fire hazard or unsecured as to endanger life, limb or property.[Amended 10-2-1997 by Ord. No. 26-1997]
- Any person living, sleeping, occupying or having actual possession of a premises or a part thereof.
- Any person who has charge, care or control of a premises or a 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 shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
- A lot, plot or parcel of land, including the buildings or structures thereon.
- REFUSE (See also "garbage," "rubbish")
- All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
- REGISTERED MAIL
- Registered mail or certified mail.
- RUBBISH (Also see "garbage," "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.
- Anything that is built or constructed and affixed on or under
the ground or upon another structure or building.[Amended 10-2-1997 by Ord. No. 26-1997]
- TOWNSHIP ADMINISTRATOR
- The Township Administrator of the Township of Pemberton and such other officials as the Township Administrator may designate to act in his behalf.
- 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.