It is hereby determined that there exist in the Township of Nutley structures used for residential and nonresidential uses which are or may become in the future substandard with respect to structure, equipment or maintenance. It is further determined that such conditions, including but not limited to structural deterioration, lack of maintenance and appearance of exterior of premises, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards and inadequate provisions for light and air, constitute a hazard to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Township of Nutley, New Jersey. Further, it has been determined that, by reason of lack of maintenance and by virtue of progressive deterioration, certain properties have the effect of creating blight conditions and causing substandard housing and living conditions. Also, if the same are not corrected, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to eliminate the same. Finally, that by reason of timely regulations and restrictions as herein contained, the growth of substandard housing and living conditions and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
The purpose of this chapter is to:
A.
Protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises.
B.
Establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use.
C.
Fix certain responsibilities and duties for owners and operators and distinct and separate responsibilities and duties upon occupants.
D.
Authorize and establish procedures for the inspection of residential and nonresidential premises.
E.
Fix penalties for the violations of this chapter.
This chapter is hereby declared to be remedial, preventive and essential for the public interest, and it is intended that this chapter be construed liberally to effectuate the purposes as stated herein.
Every residential and nonresidential building and the premises on which it is situated in the Township which is used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this chapter, whether or not 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 the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities 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 does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in the following paragraph. When there is mixed occupancy, residential or nonresidential use therein, it shall nevertheless be regulated by and subject to the provisions of this chapter.
In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinances of the Township or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail; but if the provisions of this chapter impose a lower standard than any other ordinances of the Township or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
No certification of compliance with this chapter shall constitute a defense against any violation of any other ordinance of the Township applicable to any structure or premises, nor shall any provisions herein relieve any owner, operator or occupant from complying with any such other provision or any official of the Township from enforcing any such other provision.
Owners and operators shall have all the duties and responsibilities as prescribed in Article II and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty or responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.