[Adopted 4-3-1978]
A.
It is hereby found and declared that there exist in
the Borough of Dunellen structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect
to structure, equipment or maintenance or further, that such conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises and infestation, constitute
a menace to the health, safety, morals, welfare and reasonable comfort
of the citizens and inhabitants of the Borough of Dunellen, New Jersey.
It is further found and declared that by reason of lack of maintenance
and progressive deterioration, certain properties have the further
effect of creating blighting conditions and initiating slums and that
if the same are not curtailed and removed, the aforesaid conditions
will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason of timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained.
B.
The purpose of this article is to protect the public
health, safety, morals and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
residential and nonresidential premises and other physical components
and conditions essential to make the aforesaid facilities fit for
human habitation, occupancy and use. This article is hereby declared
to be remedial, preventive and essential for the public interest,
and it is intended that this article be liberally construed to effectuate
the purposes as stated herein.
A.
Every residential and nonresidential building, and
the premises on which it is situated in the Borough, used or intended
to be used for dwelling, commercial, business or industrial occupancy
shall comply with provisions of this article, whether or not such
building shall have been constructed, altered or repaired before or
after the enactment of this article 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 article.
B.
In any cases where the provisions of this article
impose a higher standard than that set forth in any other ordinances
of the Borough 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 article impose a lower standard than any other ordinances
of the Borough or of the laws of the State of New Jersey, then the
higher standard contained in any such other ordinance or law shall
prevail.
A.
Maintenance of exterior of premises and structures.
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:
(1)
Brush, weeds, broken glass, stumps, roots, obnoxious
growths, filth, garbage, trash, refuse and debris.
(2)
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.
(3)
Every owner, occupant or operator shall be responsible
for the elimination of infestation in and on the premises subject
to his control.
(4)
Chimneys and all flue and vent attachments thereto
shall be maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designed.
(5)
Porches, landings, balconies, stairs and fire escapes
shall be maintained to minimize the hazards of falling, and the same
shall be kept structurally sound, in good repair and free from defects.
B.
Appearance of exterior of premises and structures.
The exterior of the premises, the exterior of dwelling structures
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 constitute a blighting factor for adjoining property
owners nor an element leading to the progressive deterioration of
the neighborhood with the accompanying diminution of property values,
including the following:
(1)
There shall not be stored or used equipment and materials relating to business, commercial or industrial uses unless permitted under Chapter 115, Zoning, for the premises.
(2)
Lawns, hedges and bushes shall be kept trimmed and
kept from becoming overgrown and unsightly where exposed to public
view and where the same constitute a blighting factor depreciating
adjoining property and impairing the good residential character of
the neighborhood.
(3)
All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as lawful nonconforming
uses shall be maintained in good repair. Any signs which have excessively
weathered or faded or those upon which the paint has excessively peeled
or cracked shall, with their supporting members, be removed forthwith
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
(4)
The exterior of every structure or accessory structure
not inherently resistant to decay, including fences, shall be maintained
in good repair and all surfaces thereof shall be kept painted or otherwise
provided with a protective coating sufficient to prevent structural
deterioration and to maintain appearance to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences.
(5)
Vehicle parking limited to parking areas and driveways. Parking of
vehicles on areas other than those that are paved or gravel covered
is specifically prohibited in all areas of the Borough. In no case
can vehicles be parked on lawns or landscaped areas. If additional
parking area is required, it must be paved or gravel-covered to match
existing parking areas or driveways on the same property.
[Added 8-4-2008 by Ord.
No. 08-14]
C.
Structural soundness. Every dwelling, structure and
accessory structure and every part thereof shall be kept structurally
sound and in a state of good repair to avoid safety, health and fire
hazards. Exterior walls, sidings and roofs shall be kept structurally
sound, in good repair and free from defects.
D.
General sanitation and safety. All parts of the dwelling
shall be kept in a clean and sanitary condition, free of nuisance
and free from health, safety and fire hazards.
E.
Refuse and recycling container storage.
[Added 3-5-2007 by Ord.
No. 07-03]
(1)
Refuse container storage.
(a)
Garbage and other organic waste shall be stored in watertight
receptacles of metal or other approved material. Such receptacles
shall be provided with watertight covers. At least one approved type
of garbage receptacle shall be provided for each dwelling unit.
(b)
In dwellings of two-family size or larger, the landlord shall
be responsible to provide separate approved refuse containers for
each dwelling unit.
(c)
All refuse and recycling containers must be stored no closer
than the front setback of the building and in all cases shall not
be visible from the street. On days when garbage pickup or recycling
is scheduled, the containers may be placed near the street but they
must be returned to their regular storage places before dawn of the
following day.
(2)
Roll-off containers.
(a)
Temporary roll-off containers. The temporary placement of roll-off
containers is permitted when required; however, they can only remain
on site while active construction, renovation or cleanup is ongoing.
They must be removed within one week of completion of the project
or the cessation of the project for other reasons. Anytime a container
becomes full, regardless of whether or not the project is completed,
it must be removed within one week.
(b)
Permanent roll-off and commercial type wheeled refuse containers.
Permanent roll-off and commercial type wheeled refuse containers of
the type that must be mechanically lifted and emptied by a refuse
contractor are permitted but must be enclosed in a six-foot-high solid
fence with closable solid gates. The fence shall be chain link with
slats installed that prevent an exterior view of the container or
of the wooden stockade variety. The gates must remain closed except
when the container is being emptied. Every attempt must be made to
have these containers not visible from the street. The fences and
gates must be maintained in good order.
F.
Duty to clean and maintain sidewalks, driveways, walkways and entrance
stairways.
[Added 3-1-2010 by Ord.
No. 2010-01]
(1)
It shall be the duty of the owner, lessee, tenant, occupant or person
in charge of any structure to keep the sidewalk and curb abutting
the building or structure free from obstruction or nuisances of every
kind, and to keep abutting sidewalks, areaways, backyards, courts
and alleys free from litter.
(2)
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.
G.
Violations and penalties. Every person convicted of a violation of
this article shall be subjected to a fine of not more than $100 or
imprisonment for a term of not more than 15 days or both.
[Added 3-1-2010 by Ord.
No. 2010-01]
[Amended 3-30-1988]
The Code Enforcement Officer shall be appointed
by the Mayor and Council of the Borough of Dunellen. It shall not
be a requirement that the Code Enforcement Officer be a resident of
the Borough of Dunellen.
All buildings and premises subject to this article
are subject to inspections from time to time by the Code Enforcement
Officer of the Borough. At the time of such inspections, all rooms
in the building and 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 inspections.
[Amended 5-1-1978]
Should the owner or occupant of a dwelling unit
refuse to give the Code Enforcement Officer access to any such dwelling
or dwelling unit or premises, at a reasonable time, for the purpose
of making an inspection, then the Code Enforcement Officer shall,
upon affidavit, apply to the Municipal Judge of the Borough of Dunellen
or any County Court Judge of Middlesex County for a search warrant
setting forth the facts regarding the circumstances that provide probable
causes for believing that a nuisance or violation of the article exists
in the dwelling, dwelling unit or premises.
A.
Where a violation of this article or the regulations
hereunder is found to exist, a written notice from the Code Enforcement
Officer shall be served on the person or persons responsible for the
correction thereof.
B.
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order of the Code Enforcement Officer 10 days after service unless a hearing is requested pursuant to Subsection D.
C.
Service of notice. Notice may be served personally
or by prepaid telegram or by mail, with postage prepaid, addressed
to the last known address of the person to be served. In the case
of an occupant, notice may be posted upon the door of his dwelling
unit or rooming unit. Where it is ascertained that the owner does
not reside on the premises, the last known address shall be the address
of the owner as shown in the office of the Tax Collector. If the last
known address cannot be ascertained, the notice may be posted on the
outside front entrance of the building. The Code Enforcement Officer
shall file and provide notice to any owner, operator or occupant of
any violation at any address other than the last known address provided
hereunder if such other address is filed with the Code Enforcement
Officer personally or by certified mail addressed to the Code Enforcement
Officer. Service upon an owner, operator or occupant may be also attained
by service of any notice upon a member of the family of the owner,
operator or occupant. Date of service of the notice shall be determined
where service is by mail as of the day following the day of mailing
for notice to addresses within the Borough and as of the fourth day
of mailing for notice to addresses outside the Borough. Where the
day of service would fall upon a Sunday or other day when mail is
not ordinarily delivered, then the day of service shall be the next
regular delivery day.
D.
Notice to become order. Within 10 days of the date
of service of a notice, the notice shall constitute a final order
unless any person affected by the notice requests a hearing thereon
and serves a written request within the ten-day period in person or
by mail on the Code Enforcement Officer. Such request for a hearing
shall set forth briefly the grounds or reasons on which the request
for a hearing is based and the factual matters contained in the notice
of violation which are to be disputed at the hearing. The Code Enforcement
Officer, upon receipt of the request, shall, within 30 days therefrom
and upon five days' notice to the party aggrieved, set the matter
down for hearing.
E.
Determination at hearing. At any hearing provided
hereunder, the Code Enforcement Officer shall be vested with all the
powers provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoena, to require by subpoena
the production of books, records or other documents at any such hearing
which may be pertinent to matters to be determined by him and to enforce
any such subpoena or secure any order for the enforcement of any such
subpoena as provided by law. Determination shall be made within 10
days from the completion of the hearing. The Code Enforcement Officer
shall issue an order either incorporating the determinations and directions
contained in the notice, modifying the same or withdrawing the notice.
F.
Extensions for corrections or abatement. The Code
Enforcement Officer may extend the time for correction or abatement
of the violations for an additional period of time not to exceed 30
days, except where major capital improvements or renovations are involved,
in which instance the time completion may be extended for a period
not to exceed 90 days beyond the expiration date of the original notice.
G.
Summary abatement in emergency. 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 Code Enforcement Officer may either abate the violation or condition
immediately or order the owner, operator or occupant to correct the
violation or condition within a period of time not to exceed three
days, and upon failure to do so, the Code Enforcement Officer shall
abate the condition immediately thereafter.
H.
Cost of abatement to be a lien. Where abatement of
any nuisance as defined herein, correction of a defect in the premises
or bringing the premises into compliance with the requirements of
any municipal ordinance or state law applicable thereto requires expending
Borough moneys thereof. The Code Enforcement Officer shall present
a report of work proposed to be done to accomplish the foregoing to
the Mayor and Council with an estimate of the cost thereof along with
a summary of the proceedings undertaken by the Code Enforcement Officer
to secure compliance, including notices served upon the owners, operators,
lessors or agents as the case may be, hearings and orders of the Code
Enforcement Officer with reference thereto. The Mayor and Council
may thereupon by resolution authorize the abatement of the nuisance,
correction of the defect or work necessary to place the premises in
proper condition and compliance with ordinances of the Borough and
laws of the state. The Code Enforcement Officer may thereafter proceed
to have the work performed in accordance with the said resolution
at Borough expense, not to exceed the amount specified in the resolution,
and shall upon completion thereof submit a report of the moneys expended
and costs to the Mayor and Council. After review of the same, the
Mayor and Council may approve the said premises and costs, whereupon
the same shall become a lien against the said premises, collectible
as provided by law. A copy of the resolution approving the said expenses
and costs shall be certified by the Mayor and Council and filed with
the Tax Collector of the Borough, who shall be responsible for the
collection thereof.
I.
Extension for dispossess actions. Where there exists
a violation of occupancy standards hereunder and the owner or operator,
upon receipt of a notice of a violation, if unable to eliminate the
violation by peaceable means with the period of time specified in
said notice, shall commence within such period legal action to dispossess,
evict, or eject the occupants who cause the violation, no further
action hereunder shall then be taken against the owner or operator
so long as the action aforesaid is pending in the court and is prosecuted
expeditiously and in good faith.
J.
Effect of notice. For the purposes of enforcement
of this article, the service of a notice on an owner, whether or not
the owner is also the operator, shall constitute notice of violations
set forth therein until said violations are abated in conformity with
this article and the other applicable ordinances of the Borough of
Dunellen.
A violation of any section or subsection of
this article shall be punishable by a fine not to exceed $500 for
each violation committed hereunder. Each violation of a section or
subsection of this article shall constitute a separate and distinct
violation independent of any other section or subsection. Each day's
failure to comply with any such section or subsection shall constitute
a separate violation.
A.
The Code Enforcement Officer shall have the power
to withhold strict enforcement of the requirements of this article
upon written application therefor by an owner, operator or occupant,
after making a determination that any variation or modification of
structure or use approved by the Code Enforcement Officer will not
in any material way alter the standards of this article and cannot
detrimentally affect the health or safety of occupants or owners of
adjacent premises or of the neighborhood, and that strict enforcement
would constitute an undue and unnecessary hardship on the owner, operator
or occupant because it would compel expenditures on the premises which
would be substantially disproportionate to any benefit to health,
safety or welfare that might be derived therefrom and that the owner,
operator or occupant is without any practical or feasible means to
comply with the strict provisions of this article.
A.
Finding of unfitness. The Code Enforcement Officer
shall make an inspection of any building believed to be unfit for
human habitation or use and shall make a preliminary finding in accordance
with the standards provided herein whether or not the premises are
unfit for human habitation or use, and if so, he shall thereupon serve
a notice upon the owner, operator and occupant advising all such parties
of the results of his inspection and the basis for his determination
and setting a date for a hearing not less than 10 nor more than 30
days from the date of service of the last notice to be served.
B.
Basis for findings. In making a determination of whether
a building is unfit for human habitation or use, the Code Enforcement
Officer shall determine whether, by reason of violations of this article
existing in the building or on the premises, continued occupancy of
the building will endanger and jeopardize the health and safety of
the occupants or persons in the vicinity of the premises, and to that
end he may consider, among other factors:
(1)
Structural: whether the premises are so structurally
defective that there is a risk of collapse or of loose materials falling
and injuring persons in and around the building.
(2)
Maintenance, infestation or defects: whether, by reason
of infestation or defective condition of plumbing or the lack of maintenance
of halls, floors, walls or other parts of the premises, conditions
exist which are conducive to the contracting and spreading of diseases.
(3)
Facilities and egress: whether, by reason of electrical
wiring, conduits or equipment, heating or cooking facilities or lack
of proper means of egress, there is a danger of fire or, in the case
of fire, inadequate means of egress.
(4)
Posting of premises: ordering that the building or
any part thereof be vacated within a specified period not to exceed
30 days, be boarded up and signs or notices that occupancy is prohibited
be posted prominently at all times at all the entrances of the building
and that the order continue in effect until the conditions are abated
and the order revoked as provided herein. The order may prohibit occupants
from paying, and the owner and operator from receiving, rent or other
compensation for use and occupancy while it remains in effect.
(5)
Demolition: that, by reason of the complete state of disrepair and the disproportionate investment required to restore the building to habitable condition and the danger that the premises constitute, even while vacant, a threat to the health and safety of persons on or near the premises, the improvement of the building is impracticable and continuance of the building vacant constitutes a danger to the health, safety and well-being of the neighborhood, whereupon the building is to be ordered, vacated and demolished within a period of time not to exceed 60 days. If application for a demolition permit is not made within 30 days from the date of the notice ordering vacation and demolition, the Code Enforcement Officer will proceed with demolition or cause the building to be demolished. The cost of such demolition shall be charged against the property affected in accordance with § 217-7H.
C.
Compliance with order and reinspection. Where premises are ordered vacated, all doors to the exterior shall be secured and all first-story or basement and cellar windows barred or boarded and all other windows protected against breakage. Where an order is issued it shall be served on all persons affected thereby pursuant to § 217-7C. When the conditions of the violation complained of are corrected, the owner or occupant affected thereby may request a reinspection. Based on the reinspection, the Code Enforcement Officer shall issue a further order which shall either revoke the previous order and permit occupancy or state such further conditions or time limits during which additional repairs or improvements are to be made before occupancy is again permitted or order vacation and demolition. Upon compliance with the conditions contained in any order, the Code Enforcement Officer shall permit the signs on the premises to be removed and the premises made available again for occupancy.
D.
Failure to comply with order. Where the owner, operator
or occupant fails to comply with an order hereunder, fails to perform
in accordance with any written commitment as provided herein, removes
any notice posted pursuant hereto or removes any lock or bar installed
pursuant hereto without the permission of the Code Enforcement Officer,
he shall be deemed in violation of this article and subject to the
penalties provided herein. In addition thereto, the Code Enforcement
Officer may take such steps as may be necessary to compel vacation
and boarding up of any premises and may post signs prohibiting occupancy.
Upon failure to comply with any such order, the premises shall constitute
a public nuisance and the Code Enforcement Officer may take such further
action under the criminal and civil laws of this state through any
court of competent jurisdiction as may be necessary to remove or abate
the nuisance.
Nothing in this article shall be construed to
abrogate or impair the powers of any department of the Borough of
Dunellen to enforce any provisions of its charter or its ordinances
or regulations or to prevent or punish violation thereof.
A.
ACCESSORY STRUCTURE
BUILDING
EXTERMINATION
FIRE HAZARD
(1)
(2)
(3)
(4)
GARBAGE
INFESTATION
NUISANCE
(1)
(2)
(3)
OCCUPANT
OPERATOR
PUBLIC VIEW
REFUSE
RUBBISH
STRUCTURE
WEATHERING
The following terms wherever used herein or referred
to in this article shall have the respective meanings assigned to
them unless a different meaning clearly appears from the context:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purpose.
The control and extermination of insects, rodents and vermin
by eliminating their harborage places, by removing or making inaccessible
material that may serve as their food, by poisoning, spraying, fumigating,
trapping or by other approved means of pest elimination.
Any device or condition likely to cause fire
and which is so situated as to endanger either persons or property.
The creation, maintenance or continuance of
any physical condition by reason of which there exists a use, accumulation
or storage for use of combustible or explosive material sufficient
in amount or so located or in such a manner as to put in jeopardy,
in event of ignition, either persons or property.
The obstruction to or of fire escapes, ladders
which may be used as escapes, stairways, aisles, exits, windows, passageways
or halls likely in the event of fire to interfere with the operation
of the Fire Department or of the safety and ready egress of occupants.
The violation of any rule now or hereafter promulgated
by the Fire Department of the Borough of Dunellen.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
The presence of insects, rodents, vermin or other pest on
the premises which constitute a health hazard.
Any public nuisance known at public law or in
equity jurisprudence or as provided by the statutes of the State of
New Jersey or in the ordinances of the Borough of Dunellen.
Any attractive nuisance which may prove detrimental
to the health or safety of children whether in a building, on the
premises of a building or upon an unoccupied lot. This includes but
is not limited to abandoned wells, shafts, basements, excavations,
abandoned iceboxes, refrigerators, motor vehicles, any structurally
unsound fences or structures, lumber, trash, fences, debris, or vegetation
such as poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
Physical conditions dangerous to human life
or detrimental to health of persons on or near premises where the
conditions exist.
Any person living in, sleeping in or having actual possession
of a dwelling unit or rooming unit or any person using or having actual
possession of any nonresidential premises.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling unit, as owner or agent of the owner, or
as executor, executrix, administrator, administratrix, trustee, receiver
or guardian of the state 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 dwelling or dwelling unit 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.
Any premises or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public or any member
thereof from a sidewalk, street, alleyway, licensed open-air parking
lot or from any adjoining or neighboring premises.
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. (See also "garbage" and "rubbish.")
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials. (See also "garbage" and "refuse.")
Anything constructed, assembled or erected, the use of which
requires location on the ground or underground or attachment to something
having location on or in the ground and shall include fences, walls,
tanks, towers, advertising devices, bins, tents, lunch wagons, trailers,
dining cars, camp cars or similar structures on wheels or other supports
used for business or living purposes. This includes any structure
equipped with a roof, whether permanent or temporary, such as porches,
awnings, canopies, swimming pools, summer houses, arbors, balconies
and similar elements, fences and signs but does not include patios
at grade. The word "structure" shall not apply to utility services
entirely below the ground.
Deterioration, decay or damage caused by exposure to the
elements.
B.
Word usage. Whenever the words "accessory structure,"
"building," "dwelling," "dwelling unit," "habitable room," "independent
rooming unit," "premises," "room," "rooming unit," or "structure"
are used in this article, they shall be construed, unless expressly
stated to the contrary, to include the plurals of these words and
as if they were followed by the words "or any part thereof." The word
"shall" shall be applied retroactively as well as prospectively.
