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:
A lot, plot or parcel of land or right-of-way, or multiples
thereof, including the buildings or structures thereon used for business
purposes.
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.
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.
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.
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.
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.
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.
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.
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.
A.
Compliance of all commercial buildings, structures,
lots and premises. Every commercial building, structure, lot and the
premises or part of the premises on which it is situated in the Borough,
previously or presently used or intended to be used for commercial,
business, service, transportation, quasi-public, professional or industrial
occupancy or multifamily use, and any fraternal, religious, nonprofit
or eleemosynary use and uses accessory thereto, shall comply with
provisions of this article whether or not any such building or structure
shall have been constructed, altered or repaired before or after the
enactment of this article, and irrespective of any permits or licenses
which may have been issued for the use of occupancy of such building
or for the installation or repair of equipment or facilities. Vacant
lots, lands and premises are also required to comply with the provisions
of this article.
B.
Interpretation of standards. In any case where the
provisions of this article impose a higher or stricter standard than
set forth in any other ordinance or regulation of the Borough or under
the laws or regulations of the State of New Jersey or any of its agencies,
then the standards as set forth herein shall prevail, but if the provisions
of this code impose a lower or lesser standard than any other regulation
or ordinance of the Borough or of the laws and regulations of the
State of New Jersey or any of its agencies, then the higher standard
contained in any such ordinance, regulation or law shall prevail.
C.
Compliance with other ordinances. Compliance with
this article shall not constitute a defense against any violation
of any other ordinance of the Borough applicable to any structure
or premises, nor shall any one act of compliance constitute a defense
against any subsequent or other violation of this code.
D.
Responsibilities of owner, operator and occupant.
Owners, operators and occupants shall have all of the duties, obligations
and responsibilities prescribed in this article, and no such person
or entity shall be relieved of any duty, obligation or responsibility
hereunder nor be entitled to assert as a defense against any charge
made against him or them for violation of this article the fact that
another owner, operator or occupant or any other third person or entity
is also responsible therefor and in violation thereof.
E.
Application of Building Code. Any alterations to buildings,
structures or appurtenances thereto or changes of use therein which
may be caused directly or indirectly by the enforcement of this article
shall be done in accordance with all applicable sections of the Building
Code of the municipality.
F.
Application of Zoning Law. Nothing contained in this article or any requirement of compliance herewith shall be deemed to deter, impair or affect the application of the provisions Chapter 290, Zoning, or zoning laws of the municipality.
G.
Existing remedies. Nothing in this article shall be
deemed to abolish or impair existing remedies of the municipality
or its officers or agencies relating to the removal or demolition
of any buildings or structures which are deemed to be dangerous, unsafe
or unsanitary.
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.
A.
The exterior of all premises shall be kept free from
the following matter, materials or conditions:
(1)
Refuse, as hereinabove defined.
(2)
Rubbish, as hereinabove defined.
(3)
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(4)
Structurally unsafe or unsound buildings, structures
or fences.
(5)
Rodents, vermin or pest infestations or rodent harborages.
(6)
Animal excrement.
(7)
Hidden or uncovered ground or surface hazards, such
as holes, sudden depressions, sharp or jagged projections or obstructions.
(8)
Buried rubble, refuse or rubbish.
(9)
Stagnant surface or groundwater accumulations which
create or are likely to create mosquito or other insect breeding areas.
(10)
Nuisances, as hereinabove defined.
(11)
Vehicles or parts thereof, including boats and
trailers, motorized or not, licensed or unlicensed, registered or
unregistered, which vehicles or parts thereof are or have been junked,
abandoned, dismantled or are in a state of visible disrepair; except
that, if the premises are used for repair or service of vehicles,
no violation exists unless said vehicle, including trailers, automobiles
or any of the vehicles, licensed or unlicensed, registered or unregistered,
is or are on the premises for more than 20 days.
(12)
Dangerously loose and overhanging objects, including
but not limited to dead trees or tree limbs, signs, accumulations
of ice or any object, natural or man-made, which could threaten the
health and safety of persons if caused to fall, or other similar dangerously
loose and overhanging objects which, by reason of their location above
ground level, constitute an actual hazard to persons or vehicles in
the vicinity thereof.
(13)
Inadequate or unsafe foundation walls, piers
and columns and other similar structurally unsound, damaged or defective
load-bearing components which are incapable of bearing imposed loads
safely at all points.
(14)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotted or unsafe exterior portions of buildings or
structures, including but not limited to porches, landings, balconies,
stairways, handrails, steps, walls, overhangs, roofs, fences, supporting
members, timbers, abutments, fire escapes, signs, loose, crumbling
or falling bricks, stones, mortar or plaster.
(15)
Exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith.
(16)
Broken glass or windows, rotted, missing or
substantially destroyed window frames and sashes, door frames, exterior
doors or other major exterior component parts of buildings or structures.
(17)
Weed or plant growth which is noxious or detrimental
to public health and safety. This includes but is not limited to poison
ivy, poison oak, poison sumac and ragweed growth.
(18)
Inoperable lighting fixtures. This shall include
but should not be limited to lighting fixtures in parking areas, in
planting areas and on painted surfaces, signs and signage.
B.
All parking areas and driveways held out to the public
for its use must be maintained in a good state of repair and kept
clean and free from rubbish, refuse and abandoned vehicles.
C.
Without limitation by the foregoing, it shall also
be the duty and responsibility of the owner, occupants or operators
to keep the exterior of all premises structurally sound, in good general
repair and sufficiently maintained to an extent so as to prevent and
avoid conditions that violate the purposes of this article.
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.[1]
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;
(c)
Not obstruct traffic;
(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.
A.
The enforcement officer shall be as follows: all police
officers of the Borough of Emerson, the Construction Code Official
of the Borough of Emerson, the Property Maintenance Officer of the
Borough of Emerson or any other individual authorized by resolution
of the Mayor and Council.
[Amended 3-3-1992 by Ord. No. 1000]
B.
Enforcement procedure. Whenever the enforcement officer
determines that there is or has been a violation of any provision
of this code, he shall give notice of the violation to the persons
responsible. Notice shall be in writing and shall include a concise
statement of the reasons for its issuance. A copy of the notice may
be served personally, within or without the Borough, on the owner,
occupant or operator. Notice shall be deemed to be properly served
if a copy is sent by registered or certified mail to the owner's address
as shown on the then current tax list. The notice shall also state
that unless the violation is abated, removed, cured, prevented or
desisted from within 10 days of the date of service of such notice,
exclusive of the date of service, a summons shall be issued for the
stated violation. The enforcement officer may, at the time of issuance
of the notice or thereafter, extend the time for compliance for a
period in excess of 10 days if, in his judgment, the abatement, removal,
prevention, cessation or cure of the condition in violation cannot
reasonably be effected within the ten-day period. In such cases, the
enforcement officer shall state a reasonably required extended period
in the notice, which shall then be applicable instead of the aforesaid
10 days. In the event that the violation is not abated or otherwise
fully remedied within the ten-day period, or as extended, a summons
shall then be issued against the person so notified.
C.
Emergency conditions. Whenever the enforcement officer finds an emergency condition in violation of this article, which existing condition requires immediate action in order to protect the health or safety, he may issue an order by service of a notice as set forth in Subsection B of this section, reciting the existence of an emergency condition and requiring that action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately. Upon objection in writing to the enforcement officer, any person shall be afforded a hearing before the Health Officer, Fire Subcode Official and a member of the Council, acting as a committee, as soon as it is reasonably possible. Should any of these officials be absent or unavailable, the other two may hold the hearing and render a determination. After such a hearing and decision by the committee as to the existence or nonexistence of emergency conditions, the committee may continue such order in effect, modify or withdraw it, subject to issuance of a summons for violation thereof if such order is continued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
