A.
ACCESSORY STRUCTURE
AUTO REPAIR FACILITY STORAGE YARDS
BUILDING
CAPITAL IMPROVEMENT
DETERIORATION
DWELLING
ENFORCEMENT OFFICERS
EXPOSED TO PUBLIC VIEW
EXTERIOR OF PREMISES
FIRE HAZARD (SEE ALSO "NUISANCE")
GARBAGE (SEE ALSO "REFUSE," "RUBBISH")
INFESTATION
JUNK
JUNKYARD
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE (See also "garbage," "rubbish")
REGISTERED MAIL
RUBBISH (Also see "garbage," "refuse")
STRUCTURE
TOWNSHIP ADMINISTRATOR
VACANT AND ABANDONED PROPERTY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
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 detached from a principal building on the same
lot and customarily incidental and subordinate to the principal building
or use.
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.
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.
All officials, officers or employees entrusted with the enforcement
of the provisions of this chapter.
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]
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]
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 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.
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.
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]
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]
Insanitary 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 the health of human beings.
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. The person designated as an "oerator" may be the same individual that is identified as an agent or managing agent in § 148-1 of this Code.
[Amended 8-4-2021 by Ord. No. 25-2021]
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.
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 or certified mail.
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]
The Township Administrator of the Township of Pemberton and
such other officials as the Township Administrator may designate to
act in his behalf.
Any residential or commercial building which is not legally
occupied by a mortgager or tenant, which is in such a condition that
it cannot be legally reoccupied, and at which at least two of the
following conditions exists:
[Added 8-3-2022 by Ord. No. 18-2022]
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
Deterioration, decay or damage caused by exposure to the
elements.
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.
