[Adopted 2-7-1983 (Ch. 203, Art. I, of the 1987 Code)]
It is hereby declared that there exist in the
Township of Bloomfield structures used for commercial, business, industrial
and nonresidential purposes which are or may become in the future
substandard with respect to structure, equipment or maintenance and,
further, that such conditions, including but not limited to structural
deterioration, lack of maintenance and appearance of the exterior
of premises, infestation, lack of essential heating, plumbing, storage
or refrigeration equipment, lack of maintenance or upkeep of essential
utilities and facilities, existence of fire hazards, inadequate provisions
for light and air and unsanitary conditions, constitute a menace to
the health, safety, morals, welfare and reasonable comfort of the
citizens and inhabitants of the Township of Bloomfield. It is further
declared that, by reason of lack of maintenance and progressive deterioration,
certain properties have the further effect of causing blight and initiating
slums, that, if the same are not curtailed or removed, such conditions
may grow and spread and necessitate in time the expenditure of large
amounts of public funds to correct and eliminate the same and that,
by the adoption of the regulations and restrictions herein contained,
slums and blight may be prevented and neighborhood and property values
may be maintained and upgraded, nonresidential uses and neighborhoods
may be better maintained and the public health, safety and welfare
may be protected and fostered.
The purpose of this chapter is to establish
minimum standards governing the conditions, maintenance and appearance
of buildings and premises in the Township of Bloomfield used or intended
to be used for commercial, business, industrial or any other nonresidential
occupancy; to establish minimum standards governing utilities, facilities
and other physical equipment essential to make the aforesaid buildings
and premises safe and sanitary; to fix responsibilities and duties
of owners and occupants of buildings; to authorize the inspection
of buildings and premises; and to fix penalties for violations.
The provisions of the chapter shall constitute
the standards to guide the enforcement officer in determining whether
the premises are being maintained in such condition as to constitute
and produce a blighting effect upon neighboring properties and to
cause a progressive deterioration and downgrading of neighborhood
properties with an accompanying diminution of neighborhood property
values.
A.Â
BATHROOM
BUILDING
DETERIORATION
ENFORCEMENT OR ENFORCING OFFICER
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
GARBAGE
HAZARD
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
INFESTATION
LITTER
MIXED OCCUPANCY
NUISANCE
(1)Â
(2)Â
(3)Â
(4)Â
OCCUPANCY UNIT
OCCUPANT
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON
PREMISES
PUBLIC AUTHORITY
REFUSE
RUBBISH
STRUCTURE
TRANSLUCENT
WEATHERING
WINDOW
WINDOW DISPLAY AREA
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any enclosed space which contains a water closet and shall
also contain one or more of the following: bathtub, shower, lavatory
or fixtures serving similar purposes.
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outbuildings and appurtenances
belonging thereto or usually utilized in connection therewith.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
substantial evidence of physical decay, neglect, lack of maintenance
or excessive wear.
The Director of the Community Development Department or their
designee.
Any premises or part thereof which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway
or parking lot or from any adjoining or neighboring premises.
The control and elimination of insects, rodents and vermin,
whether by eliminating their harborage places or by removing or making
inaccessible material that may serve as their food or by poisoning,
spraying, fumigating, trapping or any other legal means of pest elimination.
The animal and vegetable matter or other organic waste resulting
from the handling, preparation, cooking and consumption of food or
other products.
Includes but is not limited to the following:
Natural growth: dead and dying trees, limbs
and other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, are or may be dangerous to persons in
the vicinity thereof.
Overhangs: loose, overhanging and projecting
objects and accumulations of ice and snow which, by reason of location
above ground level, constitute a danger to persons in the vicinity
thereof.
Ground surface conditions: holes, excavations,
breaks, heaps of material, ungraded fill, projections, traps and obstructions
on paths, sidewalks, driveways, parking lots and parking areas and
other parts of the exterior of the premises which are accessible to
and used by persons having access to such premises.
Recurring accumulation of stormwater: inadequate
running off or recurrent accumulations of stormwater due to lack of
or improper installation or maintenance of drains.
Sources of infestation: conditions conducive
to the breeding or harboring of insects, rodents, vermin or pests.
Defective foundation walls: holes, breaks, deterioration,
undermining or any damage in foundation walls rendering the same incapable
of safely bearing all imposed loads placed thereon or of excluding
weather, vermin and other pests.
Defective chimneys, flues and vent attachments
thereto: chimneys, flues and vent attachments not structurally sound
or free from defects, or inadequately designed, attached or maintained,
so as to perform capably at all times the functions for which they
were designed and constructed; chimneys, flues, gas vents and other
draft-producing equipment which do not provide sufficient draft to
develop the rated output of the connected equipment or are not structurally
safe, durable, smoke-tight or capable of withstanding the action of
flue gases.
Defective exterior porches, landings, balconies,
stairs and fire escapes: exterior porches, landings, balconies, stairs
and fire escapes which are not provided with banisters or railings
properly designed, not structurally sound or maintained in good repair,
painted or not otherwise provided with a protective treatment to prevent
deterioration.
The presence on or within premises of insects, rodents, vermin
or pests.
Includes, but without limitation, discarded, windblown, deposited,
dropped or strewn paper wrappings, cardboard, bottles, cans, boxes
and broken glass and all foreign materials defacing the surface of
premises subject thereto.
The use of any building for both residential and nonresidential
purposes.
Any public nuisance known at common law or as
defined by the statutes of the State of New Jersey or by the ordinances
of the Township of Bloomfield.
Any inadequately protected well, shaft, basement,
excavation, abandoned motor vehicle, appliance or equipment, structurally
unsound fence or building, building materials, trash, debris or vegetation,
such as poison ivy, oak or sumac, or other substance or any condition
which is or may be detrimental to the safety or health of persons.
Any hazard, as defined herein, which is dangerous
to human life or detrimental to the health of persons on or near the
premises where the hazard exists.
Any room or group of rooms or part thereof forming a single
usable unit, used or intended to be used or designed to be used for
nonresidential purposes, and located within a building used or intended
to be used or designed to be used, in whole or in part, for other
than residential occupancy.
Any person or persons, including the owner, in actual possession
of and using an entire building or an occupancy unit in a building.
Any person, including the owner, who has care or control
of the premises or any part thereof.
The holder or holders of all or part of the title to the
premises.
All individuals, associations and corporations who have interests
of record in a building or premises and any who are in actual possession
thereof.
Any individual, firm, corporation or other legal entity,
and also a political subdivision of a state or the United States.
A lot, plot or parcel of land, whether or not the same has
buildings situated thereon.
The person or persons who are authorized by the codes and
ordinances of the Township of Bloomfield to exercise powers prescribed
therein.
Any rotting or spoiling foodstuffs, fruits or vegetables
and all putrescible and nonputrescible solid wastes, including but
not limited to garbage, rubbish, ashes, litter, dead animals, abandoned
automobiles and solid market and industrial wastes, brush, weeds,
broken glass, stumps, roots, obnoxious growths, filth, trash, rubbish
and debris of any description.
All combustible and noncombustible waste materials except
garbage.
Any assembly of materials forming a construction, including
but not limited to buildings, stadiums, gospel and circus tents, reviewing
stands, platforms, stagings, observation towers, radio towers, water
tanks, trestles, open sheds, bins, shelters, fences and display racks
and signs.
The property of admitting the passage of light but diffusing
it so that objects cannot be clearly distinguished.
Deterioration, decay or damage caused by exposure to the
elements.
An opening in the wall or roof of a building for the admission
of light or air, which opening may be closed to the elements by casements
or sashes containing glass or other transparent or translucent materials.
That area of a building in proximity to the inner surface
of a window which is designed or used for the viewing of the interior
and the display of items representative of any goods or services pertaining
to the business conducted therein.
B.Â
Meanings of certain words. Whenever, in describing
or referring to any person, party, matter or thing, any word importing
the singular number or masculine gender is used, the same shall be
understood to include and to apply to several persons or parties as
well as one person and to females as well as males and to bodies corporate
and partnerships as well as individuals and to several matters and
things as well as one matter or thing.
A.Â
Each and every lot and building thereon located in
the Township of Bloomfield which is not exclusively residential by
virtue of its use, intended use or design shall comply with the provisions
of this chapter, whether or not any such building shall have been
constructed, altered or repaired before or after the enactment of
this chapter and irrespective of any permits or licenses which shall
have been issued for the use or occupancy of any such building or
premises or for the construction, alteration or repair of equipment
or facilities therein or thereon prior to the effective date of this
chapter. This chapter establishes minimum standards for the initial
and continued occupancy and use of all such buildings and premises
and does not replace, modify or lessen standards otherwise established
for the construction, repair, alteration or use of such buildings
and premises and equipment or facilities contained therein or thereon.
B.Â
Where there is mixed occupancy of such buildings and
premises, the residential and nonresidential uses thereof shall be
regulated by and be subject to the applicable provisions of both this
chapter and all other ordinances and codes of the Township of Bloomfield.
C.Â
In any case where a provision of this chapter is found
to be in conflict with any provision of any zoning, building, fire,
safety or health ordinance or code of the Township as it relates to
such buildings and premises, including provisions governing the issuance
of licenses and permits, the provision which establishes the higher
standard for the promotion and protection of health and safety shall
prevail and be applied.
D.Â
Nothing in this chapter shall be construed to abrogate
or impair the powers of any department or official of the Township
to enforce the provisions of any Township ordinance or regulation
or to prevent or punish any violation thereof.
A.Â
Owner and operator. Owners and operators shall have all the duties and responsibilities prescribed in §§ 423-7, 423-8, 423-9 and 423-10, inclusive, and in the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from such duties or responsibilities by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
B.Â
Occupant. Occupants shall have all the duties and responsibilities prescribed in §§ 423-7A, B, C, D, E, G and H, 423-9, 423-10 and 423-11 and in all regulations promulgated pursuant thereto, and the occupant shall not be relieved of any such duties or responsibilities by reason of the fact that the owner or operator, or both, is or are also responsible therefor and in violation thereof.
C.Â
Contract not to alter responsibilities. The respective
duties and responsibilities imposed hereunder on the owner, operator
and occupant shall not be altered or affected by any agreement or
contract to which one or more of them is or are a party or parties.
The exterior of the premises and all structures
thereon shall be kept free of litter and of all nuisances and hazards
to the safety of tenants, occupants, pedestrians and other persons
having access to the premises and free of unsanitary conditions. The
exterior of the premises shall also reflect a level of maintenance
in keeping with the standards of the neighborhood, shall meet the
standards of this chapter or such higher standards as may be adopted
by the Township and shall not constitute a blighting effect upon neighborhood
properties. Specifically, but not in limitation of the generalities
of the foregoing, the following standards shall be maintained:
A.Â
Storage. There shall not be stored or used at a location visible from the street, sidewalks or other public areas equipment and materials relating to the commercial or industrial uses unless permitted under Chapter 315, Land Development and Zoning, for the premises or unless permitted by Board of Adjustment action.
B.Â
Landscaping. The landscaping of premises shall be
maintained in an orderly state, with lawns and bushes trimmed and
free from litter. Open areas shall be graded to eliminate holes, depressions,
gullies, mounds, accumulations of debris or other unsightly or unsafe
conditions.
C.Â
Signs and billboards. All duly authorized signs and
billboards shall be maintained in good repair. Any sign or billboard
which has faded or weathered excessively or the paint on which has
excessively peeled or cracked shall, with its supporting members,
be put into a state of good repair or removed. The responsibilities
of an occupant under this subsection shall be limited to signs and
billboards erected or used by such occupant.
D.Â
Window and window display areas. All windows exposed
to public view shall be kept clean and free of marks and foreign substances.
Except when necessary in the course of changing displays, no storage
of materials, stock or inventory shall be permitted in window display
areas ordinarily exposed to public view, unless such areas are first
screened by drapes, venetian blinds or other means. All screening
of interiors shall be maintained in a clean and attractive manner
and in a good state of repair.
E.Â
Signs or advertisements; removal. Any temporary sign
or other advertising material glued or otherwise attached to a window
or otherwise exposed to public view shall be removed at the expiration
of the event or sale for which it was erected or posted.
F.Â
Repair and painting of exteriors of buildings. All
storefronts and the exterior of every building, structure or appurtenance
thereto shall be maintained in good repair, and all exterior surfaces
thereof shall be kept painted or otherwise provided with a protective
treatment where necessary for purposes of preservation and appearance
and maintained free from broken or cracked glass, loose shingles or
siding or crumbling masonry, excessively peeling paint or other conditions
indicating deterioration or inadequate maintenance, to the end that
the property itself may be preserved, safety and fire hazards eliminated
and adjoining properties and the neighborhood protected from blighting
influence.
G.Â
Awnings and marquees. Any duly authorized awning or
marquee and its accompanying structural members which extend over
any street, sidewalk or other portion of the premises shall be maintained
in good repair, installed at a sufficient height and so maintained
as not to constitute a nuisance or a safety hazard. In the event that
any such awning or marquee is made of cloth, plastic or 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 public
ways.
H.Â
Scaffolding. No temporary scaffold or other temporary
equipment used for construction, repair, painting or maintenance shall
be permitted to remain in place after completion of work beyond a
period of one month after the erection or placement thereof without
the permission of the Director of the Community Development Department.
All roofs shall be maintained in good repair,
and, where occupants use or have access to the roof of any building,
such roof shall be free from conditions resulting in danger to life
or limb by reason of lack of railings, inadequate parapets, loose
materials or other dangerous conditions. The enforcing officer, when
they find the existence of the dangerous conditions, may, with the
concurrence of the Fire Department, direct the owner or operator of
the premises to lock or otherwise bar access to the roof until such
dangerous conditions are eliminated.
A.Â
Floors and supporting structural members shall be
maintained in a structurally sound condition, and there shall not
be imposed thereon any load which shall constitute a hazard or exceed
the safe limits for which said floor was designed.
B.Â
Bathroom floors shall be surfaced with water-resistant
material and shall be kept in a dry, clean and sanitary condition
at all times.
C.Â
In buildings containing not more than four occupancy
units, it shall be the responsibility of each of the occupants and,
in buildings containing more than four occupancy units, it shall be
the responsibility of the owner and operator to furnish such receptacles
as are needed for the proper storage of garbage and rubbish until
the removal of all garbage and rubbish and to provide for the regular
and periodic removal of all garbage and rubbish from the premises.
D.Â
Storage bins, rooms and areas shall not be used for
the storage of accumulated garbage and rubbish unless:
(1)Â
Such rubbish is stored in watertight containers of
metal or other material approved by the enforcing officer.
(2)Â
Such storage bins, rooms and areas are of smooth,
easily cleanable construction and are kept in a sanitary condition.
E.Â
Except in compliance with regulations of the Department
of Public Works relating to collection procedures, rubbish and garbage
shall be placed or kept on the property within the building located
thereon or not nearer to the street line than the building line or
not nearer to the street line than the face of the building, whichever
distance from the street line is the greater.
F.Â
Flammable or combustible liquids or other materials
shall not be stored on the premises unless they are of a type approved
for storage by the Fire Department and then only in such quantities
as may be prescribed by applicable Fire Department directives or regulations.
G.Â
Every occupant of an occupancy unit shall be responsible
for the extermination of any insects, rodents or other pests therein
or on the premises. In addition to the foregoing provision of this
subsection, whenever infestation is caused by failure of the owner
or operator to maintain any such building in a reasonably pestproof
condition, extermination shall be the responsibility of the owner
and operator.
A.Â
Every building shall be provided with electric service,
where required, in accordance with the applicable codes from time
to time adopted by the Township.
B.Â
Every bathroom shall be provided with permanently
installed and operating artificial lighting fixtures with switches
and wall plates so located and maintained that there is no danger
of electric shock from a simultaneous contact with a water-supply
fixture.
C.Â
Maximum fuse or circuit breaker sizes are specified
by the National Electrical Code, as amended from time to time, and
shall be posted conspicuously on the inside cover of all fuse or circuit
breaker boxes, and no fuse or circuit breaker shall be installed therein
in excess of the stated maximum. Owners and operators shall not be
held responsible for violations in fuse and circuit breaker sizes
where the correct maximum size is stated and the fuse or circuit breaker
box is located within any part of the building which is in the exclusive
possession of an occupant or occupants other than the owner.
A.Â
Upon discovery by an occupant of any condition on
the premises which constitutes a violation of this chapter, the occupant
shall report the same to the Director of the Community Development
Department.
B.Â
All parts of the premises under the control of an
occupant shall be kept in a clean, sanitary and safe condition by
the occupant, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean, unsafe or
unsanitary or which would prevent the owner or operator from performing
any duty required hereunder.
The Director of the Community Development Department
is hereby designated and appointed to enforce the provisions of this
chapter. The Director of the Community Development Department may
authorize members of their Department to make inspections, prepare
and serve notices and orders and take all action necessary to secure
compliance with the provisions of this chapter. The Director of the
Community Development Department shall seek and receive the cooperation
of all other Township departments having concurrent jurisdiction over
the matters covered by this chapter.
A.Â
All premises within the Township of Bloomfield covered
by this chapter shall be subject to inspection from time to time by
the Director of the Community Development Department or their designee
to determine the condition thereof in order that they may perform
their duty of safeguarding the health and safety of the persons occupying
and using the same and of the general public.
B.Â
For the purpose of making such inspections, the enforcing
officer is hereby authorized to enter, examine and survey, at all
reasonable times, all such premises; provided, however, that such
entries are made in such a manner as to cause the least possible inconvenience
to the persons in possession. The owner, operator and persons occupying
the same shall give the enforcing officer free access to the same
at all reasonable times for the purpose of such inspections. Every
person occupying such premises shall give the owner and operator thereof
access to that portion of the premises occupied by or in the possession
of such person at all reasonable times for the purpose of making such
repairs, alterations or corrections as are necessary to effect compliance
with the provisions of this chapter or with any lawful rules or regulations
adopted or any lawful order issued pursuant to the provisions of this
chapter.
A.Â
Where violations of the provisions of this chapter
are brought to the attention of the enforcing officer, such officer
or their duly authorized representative shall prepare a notice, in
writing, setting forth all violations and shall order that the same
be eliminated within no less than seven days and no more than 30 days.
[Amended 6-21-1993; 4-3-2006 by Ord. No. 06-16]
B.Â
Such notice and order shall be delivered to the occupant
or owner or operator or any or all of them, as the case may be, personally
or by leaving the same with any person in charge of the premises.
C.Â
In the event that no such person is found upon the
premises, service of notice and order shall be made by affixing a
copy thereof in a conspicuous place on the door to the entrance of
the premises and by mailing a copy thereof to the owner, operator
or occupant at their last-known post office address.
Where the enforcing officer makes a preliminary
finding that conditions on the premises constitute an immediate and
substantial threat to the safety or health of occupants of or persons
in proximity to the premises, they may order and direct that the premises
be vacated immediately and that signs or notices be posted prohibiting
occupancy thereof.
[Amended 11-2-1987; 5-5-2008 by Ord. No. 08-18; 9-21-2020 by Ord. No. 20-41]
A.Â
Any person who shall violate or fail to comply with any of the provisions
of this article, upon conviction thereof, shall be punished as listed
below:
(1)Â
For a first offense: a minimum fine of $250 and a maximum fine not
exceeding $500.
(2)Â
For a second offense: a minimum fine of $600 and a maximum fine not
exceeding $1,250.
(3)Â
For a third or subsequent offense: a minimum fine of $1,350 and a
maximum fine not exceeding $2,000. For a third or subsequent offense,
the Township shall provide a thirty-day period for the owner to cure
or abate the condition and shall also afford the owner the opportunity
for a hearing before the Township Municipal Court for an independent
determination concerning the violation.