[HISTORY: Adopted by the Borough of Rutherford
Council 11-23-1993 by Ord. No. 2690-93. Amendments noted where applicable.]
GENERAL REFERENCES
Fire safety — See Ch. 34A.
Placement of garbage for collection — See Ch. 40.
Deposit and removal of materials — See Ch. 56.
Municipal property and grounds — See Ch. 61.
Numbering of buildings and lots — See Ch. 63A.
Nuisance Code — See Ch. 64.
Property Maintenance Code — See Ch. 78.
Shopping carts — See Ch. 96.
The purpose of this code is to protect the public
health, safety and welfare by establishing minimum standards for the
maintenance of such premises; to fix responsibilities and duties upon
owners, operators and occupants; to authorize and establish procedures
for the inspection of commercial premises; to fix penalties for the
violations for this code; and to provide for the right of access to
permit repairs when necessary. This code is hereby declared to be
remedial and essential for the public interest, and is intended that
this code be liberally construed to effectuate the purpose as stated
herein.
For the purpose of this chapter, certain words
and terms herein are defined as follows:
Any lot or any part of which commercial or industrial activity
of any kind takes place. Such activity includes all those commercial
and industrial uses permitted or conditionally permitted in the Business
1, Business 2, Business 3, Business 3/Senior Housing, Business/Light
Industrial, ORD, Highway Commercial and Planned Commercial Zones,
whether such uses are actually in those zones or in other zones.
[1]The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, pealing, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
wear.
Any premises or part thereof which may be lawfully viewed
by the public or any member thereof from the sidewalk, street, alleyway
or parking lot or from any adjoining or neighborhood 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 condition, man-made or natural, which affords a breeding
or hiding place for rodents, insects or other pests.
Any common-law nuisance or as provided by the
laws of the State of New Jersey or the ordinances of the Borough of
Rutherford.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building or upon
a lot. This includes but is not limited to any structurally unsound
fences or structures, lumber, trash, debris or vegetation, such as
poison ivy, poison oak or poison sumac, which may prove a hazard for
inquisitive minors.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
Unsanitary conditions or anything unreasonably
offensive to 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 having actual possession of the premises or any
part thereof.
Any person who has charge, care or control of the commercial
premises or any part thereof, whether with or without the consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any commercial or industrial
premises with or without accompanying actual possession thereof, or
shall have charge, care or control of any commercial or industrial
premises 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 commercial
or industrial premises 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.
An assembly of materials forming a construction, including
but not limited to buildings, stadiums, platforms, radio towers, trestles,
open sheds, bins, shelters, fences and display racks and signs.
The property of admitting the passage of light but defusing
it so that objects beyond it cannot be clearly distinguished.
An opening in the wall or roof of a building with the admission
of light, which opening may be closed to the elements by casements
or sashes containing glass or other transparent material.
That area of a building in proximity to the inner surface
of a window which is designed and used for the viewing of the interior
and the display items representative of any goods or services pertaining
to the business therein.
A.
Every commercial and industrial premises and any building
situated thereon in the Borough of Rutherford used or intended to
be used for commercial or industrial occupancy shall comply with the
provisions of this code whether or not such buildings shall have been
constructed, altered or repaired before or after the enactment of
this code. This code establishes minimum standards for the initial
and continued occupancy and use of all such commercial or industrial
buildings and does not replace or modify standards otherwise established
for the construction, repair, alteration or use of such commercial
or industrial buildings or premises contained therein. Where there
is mixed occupancy with commercial or industrial and other uses on
the same premises, all such uses shall be nevertheless regulated by
and subject to the provisions of this code.
B.
In any case where the provisions of this code impose
a higher standard that is set forth in any other ordinances of the
Borough of Rutherford or under the laws of the State of New Jersey,
then the standard as set forth herein shall prevail, but if the provisions
of this code impose a lower standard than any other ordinances in
the Borough of Rutherford or the laws of the State of New Jersey,
then the higher standard contained in any other such ordinance or
law shall prevail.
Owners and operators shall have all the duties
and responsibilities prescribed in this code, and no owner or operator
shall be relieved from any such duty and responsibility nor be entitled
to defend against any charge or violation thereof by reason of the
fact that the occupant is also responsible therefor and in violation
thereof.
Occupants shall have all the duties and responsibilities as prescribed in §§ 21A-13, 21A-14, 21A-15, 21A-16 and 21A-17 of this code, 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.
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 following:
A.
Refuse. Broken glass, filth, garbage, trash, litter
and debris.
B.
Natural growth. Brush, weeds, ragweed, stumps, roots
and obnoxious growths and 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.
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;
broken or missing pavement; loose stone excavations, breaks, projections,
obstructions, ice or uncleared snow; and excretion 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 shall be repaired and other conditions
shall be removed where necessary to eliminate hazards or unsanitary
conditions with reasonable dispatch upon their discovery. It shall
be the responsibility of owners and operators to take reasonable steps
to discover any such hazards or unsanitary conditions which may exist
on their premises.
E.
Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
F.
Sources of infestation.
Premises shall be kept landscaped, and lawns,
hedges and bushes shall be kept trimmed and kept from becoming overgrown.
Plantings required by site plan approval shall be replaced when the
same have died.
All signs, pavement markings and printed matter
and pictures or illustrations contained thereon, permitted by reasons
of other regulations or as a lawful nonconforming use, shall be maintained
in good repair.
In order to preserve property value and eliminate
safety hazards and protect adjacent properties and the neighborhood
from blighting influences, the exterior of every structure or accessory
structure, including fences, shall be maintained in good repair, and
all surfaces thereof shall be kept painted and whitewashed where necessary
for purposes of preservation and appearance, free of broken glass,
loose shingles, crumbling stone or brick or excessive peeling paint.
A.
Unsafe exterior facilities. Unsafe exterior facilities
include exterior porches, landings, balconies, stairs and fire escapes,
all of which shall be kept structurally sound and in good repair and
shall be provided with banisters or railings properly designed and
maintained.
B.
Signs and billboards. All permanent signs and billboards
exposed to public view permitted by the Zoning Ordinance and regulated
by the Building Code[1] or other regulations or as a lawful nonconforming use
shall be maintained in good repair. Any sign or billboard which has
weathered excessively or faded or the paint on which has excessively
peeled or cracked shall, with its supporting members, be removed forthwith
or put into a state of good repair. All inoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
C.
Windows exposed to public view. All windows exposed
to public view shall be kept clean and free of marks and foreign substances
and be unbroken. Except when necessary in the course of changing displays,
no storage of materials, stocks or inventory shall be permitted in
window display areas ordinarily exposed to public view unless such
areas are first screened from view by draperies, venetian blinds or
other means. All screening of interiors shall be maintained in a clean
and attractive manner in good state of repair.
D.
Awnings or marquees. Any awning or marquee and its
accompanying structural members which extend over any street, sidewalk
or other portion of the premises shall be so maintained as to not
constitute a nuisance or safety hazard. In the event that any such
awning or marquee is not properly maintained in accordance with the
foregoing, it shall, together with its supporting members, be removed
forthwith. In the event that any such awning or marquee is made of
cloth, plastic or of similar materials, said materials, where exposed
to public view shall be maintained in good condition and shall not
show evidence of excessive weathering, discoloration, ripping, tearing
or other deterioration. Nothing herein shall be construed to authorize
any encroachment of an awning, marquee or its accompanying structural
members on streets, sidewalks or other parts of the public domain.
E.
Temporary scaffolding or equipment. No temporary painting
scaffold or other temporary equipment used for construction, repair
or maintenance shall be permitted to remain in place beyond a period
necessary to reasonably complete the purpose for which such equipment
was intended to be used without permission of the Building Inspector.
F.
Store fronts. All store fronts shall be maintained
in good repair, and all surfaces thereof shall be kept painted when
necessary for purposes of preservation and appearance. In the event
that repairs to a portion of a store front are made, such repairs
shall be performed with materials identical or compatible with the
materials used in the area not undergoing repair, to the end that
the appearance of the store front shall be uniform and attractive
and shall not constitute a blighting factor depreciating adjoining
properties.
G.
Unoccupied buildings. All unoccupied buildings, including
those areas visible by the public from the public street or sidewalk,
must be maintained in broom-clean condition and free of litter.
[Amended 4-13-2015 by Ord. No. 3361-15]
In order to preserve property value and eliminate
safety hazards and protect adjacent properties and the neighborhood
from blighting influences, the interior side of all ground-floor windows
exposed to the public view of unoccupied commercial or industrial
structures shall be kept clear, clean, and in a good state of repair
during the period of time said structure or structures remain unoccupied.
During the period of time that said structure or structures remain
unoccupied a light shall be kept on in the interior side of all ground-floor
windows exposed to the public view. All areas of unoccupied commercial
or industrial structures visible by the public from the public street
or sidewalk must be maintained in broom-clean condition and free of
litter.
A.
Outside storage or display of merchandise or commercial
or industrial material or equipment shall be forbidden. However, this
section shall not apply to outside storage of motor vehicles, trailers,
campers, boats, horticulture or agricultural products or equipment
or other similar merchandise held for retail sale. This section shall
apply but not be limited to storage of merchandise or equipment in
trailers, motor vehicles, shacks, sheds or other outside containers.
B.
Waiver of this provision may be applied for by written
request to the Borough Council and granted based upon the size and
kind of merchandise or equipment, duration and location of the outside
storage and the purpose of this code.
Parking lots or parking areas, including the entrances and exits thereto, shall be kept in a good state of repair and maintained so as to comply with § 21A-6 hereof. Signing of ownership and use restrictions shall be maintained in good repair, clearly visible to potential parkers. Striping, where appropriate, shall indicate spaces, direction of flow and entrances and exits and be maintained so as to assure visibility.
Every day that the premises is open for business,
the occupant shall be responsible for removing litter from the sidewalk
or other pedestrian areas, if any, in front of the occupant's commercial
or industrial premises. The area shall be swept as often as necessary
to maintain it free of litter, spillage and other debris.
Upon discovery by an occupant of any condition
of the premises which constitutes a violation of this chapter by the
owner or operator, the occupant shall report same to the Police Department,
Construction Code Official or Health Officer, who shall be responsible
for enforcement of the provisions of this chapter.
All parts of the premises under the control
of the occupant 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.
Every operator and occupant shall be responsible
for the elimination of infestation in and on the premises subject
to his control.
No person shall deposit any litter on the ground
in any commercial premises.[1]
All buildings and premises subject to this code
are subject to inspection from to time by the Construction Code Official,
Health Officer, Police Department or any other borough official charged
with the duty of enforcing regulations governing any aspect or conduct
of the activity housed in said premises. At the time of such inspections,
all 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 inspection.
Such inspections shall be made during open hours of the business occupying
said premises unless there is reason to believe a violation exists
of a character which is an immediate threat to health or safety requiring
inspection and abatement without delay.
Where the violation or condition existing on
the premises is of such a nature as to constitute an immediate threat
to life and limb unless abated without delay, the Police Department,
Construction Code Official or Health Officer may order the owner,
operator or occupant to correct the violation or condition within
the period of time consistent with the hazard involved and with the
measures necessary to remove the hazard, and, upon the failure of
the operator, owner or occupant to correct said condition, the Police
Department, Construction Code Official or Health Officer shall abate
said condition immediately thereafter.
Where the abatement of any nuisance, as defined
herein, or correction of a defect on the premises or the maintenance
of the premises in a proper condition to conform to applicable ordinances
of the Borough of Rutherford or the laws of the State of New Jersey
requires expenditure of the Borough of Rutherford's moneys therefor,
the Police Department, Construction Code Official or Health Officer
shall present a report of the work accomplished to the governing body
of the Borough of Rutherford, along with a summary of the proceedings
undertaken to secure compliance, including notice served upon owners,
operators, occupants or their agents, as the case may be, by telephone,
telegram or as otherwise provided by law. The governing body shall
then approve the expenditures made and assess the same against the
premises collectible as provided by law. A copy of the resolution
approving said expenses shall be certified by the Borough Clerk and
filed with the Tax Collector of the Borough of Rutherford, who shall
be responsible for the collection thereof, and a copy of the report
and resolution shall be sent by certified mail, return receipt requested,
to the owner.
[Amended 2-15-1994 by Ord. No. 2700-94]
A.
Except as provided in § 21A-19 hereof, where violations of this code or the regulations hereunder are found to exist, a written notice from the Construction Code Official shall be served on the person or persons responsible for the correction thereof.
B.
Notice shall be served personally or by certified
mail, addressed to the last known address of the person to be served.
In the case of an occupant, notice may be posted upon the main entrance
door of the building, and in the case of an owner who does not reside
within the Borough of Rutherford, the last known address shall be
the address of the owner as shown in the office of the Tax Collector.
C.
The notice shall specify the violation or violations
committed, what must be done to correct the same, a reasonable period
of time, not to exceed 30 days, to abate the violation, and that the
notice shall become an order of the Construction Code Official in
10 days after service.
D.
In the event that the violation is not abated, removed,
cured or otherwise fully remedied within the time period prescribed
in the initial notice or extended time period as permitted by the
Construction Code Official, a summons shall then be issued against
such person or persons charged with the violation.
Any person or persons, firm, association or
corporation who shall violate any of the provisions of this chapter
or any order promulgated hereunder shall, upon conviction, be liable
or subject to a fine not to exceed $1,000 or by imprisonment in the
county jail for a period not to exceed 30 days, or by both such fine
and imprisonment, and each violation of any of the provisions of this
chapter and each day that such violation shall continue shall continue
shall be deemed to be a separate and distinct offense.
