This chapter shall be known as the "Property
Maintenance Code of the Borough of Runnemede," and may be referred
to in this chapter in the short form as the "code."
It is hereby found and declared that there exist
in the Borough of Runnemede structures and premises used for residential
and nonresidential uses, including vacant structures and lands, 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, 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, in sanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Borough of Runnemede. 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,
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 code is to protect the public
health, safety, morals and welfare by establishing minimum standards
governing the maintenance, appearance, conditions and occupancy of
residential and nonresidential premises; to 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; to fix certain responsibilities and
duties upon owners and operators; and to fix distinct and separate
responsibilities and duties upon occupants; to authorize and establish
procedures for the inspection of residential and nonresidential premises;
to fix penalties for the violations of this code; and to provide for
the repair, demolition or vacation of premises unfit for human habitation
or occupancy or use.
[Amended 8-5-2008 by Ord.
No. 08-17]
The following terms, wherever used herein or
referred to in this code, shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context.
All definitions of the New Jersey Uniform Construction Code, the New
Jersey Uniform Fire Code, and the International Property Maintenance
Code are hereby included.
That portion of property between a building and the back
property line.
[Added 8-4-2009 by Ord. No. 09-17]
Any structure used or intended for supporting or sheltering
of any use or occupancy of any nature.
[Added 8-4-2009 by Ord. No. 09-17]
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any premises or any part thereof of any building or any part
thereof, which may be lawfully viewed by the public, or any member
thereof.
Open space on the premises outside of any building thereon.
The control and elimination of insects, rodents and vermin.
That portion of property between the street and a building.
[Added 8-4-2009 by Ord. No. 09-17]
(See also "refuse" and "rubbish.") Putrescible animal and
vegetable waste resulting from the handling, preparation, cooking
and consumption of food.
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
and utility rooms; and other rooms or spaces that are not used frequently
or for an extended period of time or that have less than 50 square
feet of superficial floor area shall not be considered as habitable
rooms.
The presence of insects, rodents, vermin or other pests on
the premises, which constitute a health hazard. Insect screen must
be provided on all windows that are required for natural ventilation.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
Any public nuisance known at common law or in
equity jurisprudence or as provided by the statutes of the State of
New Jersey or the ordinances of the Borough of Runnemede.
Any attractive nuisance, which may provide 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, excavation,
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 hazardous for inquisitive
minors.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Overcrowding of a room with occupants in violation
of this code.
Insufficient ventilation or illumination in
violation of this code.
Inadequate or in sanitary sewage or plumbing
facilities in violation of this code.
In sanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Any person who has charge, care or control of a dwelling
or premises or a part thereof, whether with or without the knowledge
and consent of the owner.
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 who 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 estate 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.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any officer who is in charge of any department or branch
of the government of the municipality, county or state relating to
health, fire, building regulations or to other activities concerning
buildings in the municipality.
See § 281-30.
(See also "garbage" and "rubbish.") All putrescible and nonputrescible
solid wastes, except body wastes, including but not limited to: garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles,
solid waste, and industrial wastes.
(See also "garbage" and "refuse.") 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, construction debris, broken
concrete, used automobile parts, and similar materials.
That portion of any property between a building and the side
property lines.
[Added 8-4-2009 by Ord. No. 09-17]
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, that this term shall not include cultivated
flowers and gardens.[1]
Every residential, nonresidential or mixed occupancy
building and the premises on which it is situated used or intended
to be used for dwelling, commercial, business or industrial occupancy
shall comply with the provisions of this code, whether or not such
building shall have been constructed, altered or repaired before or
after the enactment of this code and irrespective of any permits or
licenses which shall have been issued for the use of 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 code.
In any case where the provisions of this code
impose a higher standard than set forth in any other local ordinances
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 code
impose a lower standard than any other local ordinances 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 license or permit, certificate of occupancy,
certificate of continued occupancy, or other certification of compliance
with this code shall constitute a defense against any violation of
any local ordinance applicable to any structure or premises, nor shall
any provision herein relieve any owner, operator or occupant from
complying with any such other provision nor any official of the Borough
of Runnemede from enforcing any such other provision.
All other ordinances and parts of ordinances
in conflict or inconsistent with this chapter are hereby repealed
but only to the extent of such conflict or inconsistency. This chapter
shall be in full force and effect immediately upon its adoption and
its publication as provided by law.
This chapter is enacted pursuant to the following
New Jersey Statutes: 40:48-2.13, 40:48-2.14, 40:48-1, Subdivision
15, 40:48-2.3 et seq., 40:48-2.12a et seq., 40:69A-30, and/or 2A:42-74
to 2A:42-84, and the general police powers.
