This article shall be known as the "Commercial
Property Maintenance Code of the Borough of Emerson" and may be referred
to in this article as the "Commercial Property Maintenance Code" or
as "this code."
The purpose of this code shall be to:
A. Provide for the public health, safety and welfare.
B. Avoid, prevent and eliminate the maintenance or creation
of hazards to the public health or safety.
C. Avoid, prevent and eliminate conditions which, if
permitted to exist or continue, will depreciate or tend to depreciate
the value of adjacent or surrounding properties.
D. Prevent the creation, continuation, extension or aggravation
of blight.
E. Preserve property values in the Borough.
F. Prevent the physical deterioration or progressive
downgrading of the quality of commercial properties in the Borough.
G. Maintain the value and economic health of the commercial
properties and businesses that serve and help to support the Borough
and its citizens.
H. Prevent and eliminate physical conditions in or on
commercial property which constitute nuisances and are thereby potentially
dangerous to the life, health or safety of persons on or near the
premises where such conditions exist.
I. Establish minimum standards governing the maintenance
and condition of commercial property in the Borough.
J. Fix responsibilities and duties therefor upon owners,
lessees, operators and occupants of commercial property.
K. Provide for administration and enforcement.
L. Fix penalties for the violation of this article.
For the specific purposes of this article, the
following terms shall have the respective meanings assigned to them,
unless a different meaning clearly appears from the context:
COMMERCIAL PREMISES
A lot, plot or parcel of land or right-of-way, or multiples
thereof, including the buildings or structures thereon used for business
purposes.
COMMERCIAL PROPERTY
Any lot, plot, parcel of land, building or structure used
to conduct a business or used as a multifamily dwelling or used by
any fraternal, nonprofit, religious or eleemosynary organization.
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto; and the open land
space of any premises outside of any building or structure erected
thereon.
NUISANCE
A.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, its governmental agencies or the ordinances of
the Borough.
B.
Any physical condition existing in or on the
exterior of any commercial premises which is potentially dangerous
detrimental or hazardous to the life, health or safety of persons
on, near or passing within the proximity of premises where the condition
exists.
OCCUPANT
Any person or entity in possession of or using any commercial
premises, or part thereof, whether or not the owner thereof and regardless
of the duration of time of such possession, use or occupancy.
OPERATOR
Any person, persons or entity not the owner, who has charge,
care or control of commercial premises, or a part thereof, with or
without the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any commercial premises or part thereof,
with or without accompanying actual possession thereof, or who shall
have charge, care or control of any lot, commercial premises, commercial
building, structure or part thereof, as owner or agent of the owner
or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee
in possession, regardless of how such possession was obtained. Any
person, group of persons or entity who is a lessee, sublessee or assignee
of a lessee of any part or all of the commercial building, structure
or land shall be deemed to be a co-owner with the lessor for the purposes
of this article and shall have responsibility over the portions of
the premises so sublet, leased or assigned.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid
or liquid waste matter or materials, combustible or noncombustible,
including but not limited to garbage, trash, ashes, paper, paper goods
and products, wrappings, cans, bottles, containers, yard clippings,
garden waste, debris, junk, glass, boxes, crockery, wood, mineral
matter, plastic, rubber, leather, furniture, household goods, appliances,
bedding, scrap lumber, scrap metal, construction material, inoperable
machinery or parts thereof, garden or farming implements and supplies,
dead or rotting vegetation or tires.
In furtherance of the purposes of this article,
it shall be the duty and responsibility of the owner, operator or
occupant of commercial premises to comply with any or all of the requirements
and standards of this article, to keep the premises free from conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
The exterior of the premises of a dwelling structure
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 residential standards of
the neighborhood and such that the appearance of the premises and
structures shall not institute a blighting factor, depreciating adjoining
property nor an element leading to the progressive deterioration and
the downgrading of the neighborhood, with the accompanying diminution
of property value.
A. General maintenance. In order to preserve property values, to eliminate safety hazards and to protect adjoining properties and the neighborhood from blighting influences, the exterior of every structure or accessory structure, including fences, shall be maintained in repair, and all surfaces thereof shall be kept painted or whitewashed where necessary for purposeful preservation and appearance, free from broken glass, loose shingles, crumbling stone or brick or excessive peeling paint. The grounds shall be maintained in accordance with §
216-12 of this chapter, so as to prevent them from constituting a blighting factor depreciating adjoining properties and impairing the neighborhood's residential character.
B. Sidewalks, driveways, etc. The sidewalks, driveways,
walkways and entrance stairways shall be maintained in a safe condition,
such as will not constitute a hazard to persons using the premises.
C. Waterways, brooks, etc. All waterways, brooks, drainage
ditches and swales, to the extent that they are located on or immediately
adjacent to the premises and are within the possession or control
of the owner, operator or occupant, shall be maintained in good condition,
free from debris, plantings or other obstructions.
D. Construction dumpsters.
[Added 12-19-1995 by Ord. No. 1060; amended 7-7-2009 by Ord. No. 1378]
(1) Single-family residential zones. No construction dumpster shall be
located within 10 feet of an abutting dwelling, unless the occupant
of the abutting dwelling agreed to such and signs the authorization
form which shall be submitted with the permit application for the
dumpster. No dumpster shall be placed so that it blocks any public
sidewalk or street.
(2) Multifamily, commercial and industrial zones. No construction dumpster
shall be located within 10 feet of an abutting residential property
unless the occupant of the abutting dwelling agreed to such and signs
the authorization form which shall be submitted with the permit application
for the dumpster. No construction dumpster shall be located on a public
street or alley unless a permit is obtained from the Borough Building
Department.
(3) If permitted and the construction dumpster is placed on the public
street or alley, the dumpster shall be directly in front of or on
the side of the property address utilizing the dumpster. Additionally,
a dumpster placed in the street shall:
(a)
Not be more than 18 inches from the curb;
(b)
Not obstruct driveways of abutting properties;
(d)
Be protected at both ends by a barricade, which after sunset
shall have a flashing yellow light attached to it; and
(e)
Have a reflector or reflective area of not less than 36 square
inches at each end.
(4) A dumpster shall not be placed on a public street if on-street parking
for vehicles is not allowed at that location.
(5) Time limitations.
(a)
Single-family residential zones. A construction dumpster and
any replacement dumpster placed under this subsection and not in a
public street may be placed for not more than a total of 30 days in
any six-month period. A construction dumpster and any replacement
dumpster placed upon a public street may be placed for not more than
a total of 14 days in any six-month period.
(b)
Multifamily and commercial. A construction dumpster and any
replacement dumpster placed under this subsection and not in a public
street may remain in the site as long as required, but not to exceed
a total of six months. A construction dumpster or any replacement
dumpster placed upon a public street may be placed for not more than
a total of 14 days in any six-month period.
(c)
Industrial. A dumpster or any replacement dumpster placed under
this subsection may remain on the site as long as needed, but not
to exceed a total of 18 months.
(6) Sanitation. The following requirements shall be maintained while
the construction dumpster is on or at the site:
(a)
The area around the dumpster shall be kept free of debris and
litter;
(b)
Any dumpster into which animal or vegetable waste or material
has been dumped or deposited shall be removed or emptied within 24
hours;
(c)
Any dumpster producing or causing noxious, foul or offensive
odors shall be immediately removed or cleaned to eliminate the odor;
(d)
A full dumpster shall be removed from the site and emptied within
two days; and
(e)
The dumpster must be covered at night and when not in active
use.
(7) Usage. A dumpster shall only be used to contain and remove debris
and material generated at the location where the dumpster is placed.
(8) Identification. The name and telephone number of the owner of the
dumpster and/or the company that is responsible for the dumpster shall
be displayed in a weatherproof manner on the dumpster.
(9) Permit required. A permit shall be required for a dumpster. The permit
shall be obtained from the Building Department after paying the required
fee of $100. The permit shall be displayed in a weatherproof manner
on the dumpster.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(10)
Abatement. Any dumpster not in compliance with this subsection
is hereby declared to be a public nuisance and may be abated by the
Borough at the owner's or responsible person's expense. Abatement
shall, at the Borough's option, include the removal and/or the emptying
of the dumpster.
(11)
Violations; penalties.
(a)
Violation of any provision of this subsection shall be punishable as provided in §
216-28.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
In addition, a person found guilty of a violation of this subsection
shall be ordered to abate the problem and pay the cost incurred by
the Borough if the Borough abated the problem.
Any person who shall violate any of the provisions
of this article or any order promulgated hereunder shall, after a
summons issued under the terms hereof and upon conviction, be punished
by a fine not to exceed $500 or by imprisonment not to exceed 90 days,
or both. Each violation of any of the provisions of this article,
and each day that each violation shall continue, shall be deemed to
be a separate and distinct offense.