[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 117.
Numbering of buildings — See Ch. 123.
Uniform construction codes — See Ch. 142.
Housing standards — See Ch. 197.
Land use and development — See Ch. 205.
Littering — See Ch. 221.
Property maintenance — See Ch. 258.
Solid waste — See Ch. 318.
Public health nuisances — See Ch. 400.
[Adopted 10-11-2000 (Ch. 47, Art. I, of the 1974 Code)]
The purpose of this article shall be to regulate maintenance
of commercial properties within the Borough of Westville and to provide
conditions and restrictions thereon.
This article shall be known as the "Commercial Maintenance Code
of the Borough of Westville" and is referred to in this article in
the short form as "this code."
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards for the maintenance
of such premises; to fix responsibilities and duties upon owners,
operators and occupants; to authorize and establish procedures for
the inspection of commercial premises; to fix penalties for the violations
of this code; and to provide for the right of access to permit repairs
when necessary. This code is hereby declared to be remedial and essential
for the public interest, and it is intended that this code be liberally
construed to effectuate the purpose as stated herein.
[Amended 2-13-2013 by Ord. No. 2-2013]
A.
The following
are established as standards to be used as a guide in determining
whether dwellings and buildings in this Borough are safe, sanitary
and fit for human habitation and/or rental:
B.
In addition,
the Borough hereby adopts by reference the current edition of the
International Property Maintenance Code (IPMC) as an additional standard
to be used as a guide in determining whether dwellings and buildings
in this Borough are safe, sanitary and fit for human habitation and/or
rental. At least three copies of this code have been placed on file
in the office of the Borough Clerk and are available for inspection
to all persons desiring to use and examine same.
[Amended 6-13-2018 by Ord. No. 9-2018]
The following terms, wherever used herein, shall have the following
meanings, unless a different meaning clearly appears from the context:
Includes but is not limited to gasoline stations; parking
lots; retail sales; professional activities, including but not limited
to medical, dental, legal, architectural, accounting, etc.; personal
services, including real estate, insurance, barbershops, hairdressers,
etc.; repair shops of all kinds; and amusements, including but not
limited to movies, skating rinks, bowling alleys, etc., whether part
of a shopping area or not.
A lot or tract of land, including buildings thereon, on which,
or on any part of which, commercial, professional or industrial activity
of any kind takes place, other than residential or governmental.
Those portions of a building which are exposed to public
view, and the open space of any premises outside of any building erected
thereon.[1]
Any common law nuisance or as provided by the laws of the State
of New Jersey or the ordinances of the Borough of Westville.[2]
Any attractive nuisance which may prove detrimental to the health
or safety of children or other persons, whether in a building or upon
a lot. This includes but is not limited to any structurally unsound
fences or structures, lumber, trash, fences, debris or vegetation,
such as poison ivy, poison oak or poison sumac, which may prove a
hazard for inquisitive persons.
Physical conditions dangerous to human life or property or detrimental
to the health of persons on or near the premises where the conditions
exist.
Unsanitary conditions or anything unreasonably 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 or other hazards.
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
[Added 2-13-2013 by Ord.
No. 2-2013]
Any person or entity having actual use, possession or control
of the premises or any part thereof.
Any person who has charge, care or control of the commercial
premises or any part thereof, whether with or without the consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any commercial premises, with
or without accompanying actual possession thereof, or shall have charge,
care or control of any commercial premises as owner or agent of the
owner or as fiduciary, including but not limited to 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 commercial premises 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.
One or more buildings or parts thereof designed as a unit
to be occupied by one or more businesses for the conduct of business
and conducted as an integrated planned area development.
A.
Every commercial premises and any building situated thereon in the
Borough of Westville used or intended to be used for commercial 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. This code establishes minimum standards
for the initial and continued occupancy and use of all such commercial
buildings and does not replace or modify standards otherwise established
for the construction, repair, alteration or use of such commercial
buildings or premises contained therein. Where there is mixed occupancy
with commercial and other uses on the same premises, all such uses
shall be nevertheless regulated by and subject to the provisions of
this code.
B.
In any case where the provisions of this code impose a higher standard
than is set forth in any other ordinances of the Borough of Westville
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 ordinances of the Borough of
Westville or the laws of the State of New Jersey, then the higher
standard contained in any other such ordinance or law shall prevail.
Owners and operators shall have all the duties and responsibilities
prescribed in this code, and no owner or operator shall be relieved
from any such duty and responsibility nor be entitled to defend against
any charge or violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
Occupants shall have all the duties and responsibilities as prescribed in §§ 137-13 through 137-18 of this article, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
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:
A.
Refuse. Broken glass, filth, garbage, trash, litter and debris.
B.
Natural growth. Brush, weeds, ragweeds, stumps, roots and obnoxious
growths and 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. Trees shall
be kept pruned and trimmed to prevent such conditions.
C.
Overhangings. Loose and overhanging objects and accumulations of
ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
D.
Ground surface hazards or unsanitary conditions. Holes; broken or
missing pavement; loose stone excavations, breaks, projections, obstructions,
ice, uncleared snow; and excretion of pets and other animals on paths,
walks, driveways, parking lots and parking areas and other parts of
the premises which are accessible to and used by persons on the premises.
All such holes and excavations shall be filled and repaired, walks
and steps shall be repaired, and other conditions shall be removed
where necessary to eliminate hazards or unsanitary conditions with
reasonable dispatch upon their discovery. It shall be the responsibility
of owners and operators to take reasonable steps to discover any such
hazards or unsanitary conditions which may exist on their premises.
E.
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
F.
Sources of infestation.
Premises shall be kept landscaped, and lawns, hedges and bushes
shall be kept trimmed and kept from becoming overgrown. Plantings
required by site plan approval shall be replaced when the same have
died.
All signs, pavement markings and printed matter and pictures
or illustrations contained thereon, permitted by reasons of other
regulations or as a lawful nonconforming use, shall be maintained
in good repair.
In order to preserve property value and eliminate safety hazards
and protect adjacent properties and the neighborhood from negative
impact influences, the exterior of every structure or accessory structure,
including fences, shall be maintained in good repair, and all surfaces
thereof shall be kept painted and whitewashed where necessary for
purposes of preservation and appearance, free of broken glass, loose
shingles, crumbling stone or brick or excessive peeling paint.
A.
Unsafe exterior facilities. Unsafe exterior facilities include exterior
porches, landings, balconies, stairs and fire escapes, all of which
shall be kept structurally sound and in good repair and shall be provided
with banisters or railings properly designed and maintained.
B.
Signs and billboards. All permanent signs and billboards exposed to public view permitted by Chapter 205, Land Use and Development, and regulated by the Housing Code or other regulations or as a lawful nonconforming use, shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. Nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
C.
Windows exposed to public view. All windows exposed to public view
shall be kept clean and free of marks and foreign substances and be
unbroken. Except when necessary in the course of changing displays,
no storage of materials, stocks or inventory shall be permitted in
window display areas ordinarily exposed to public view unless such
areas are first screened from view by draperies, 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.
D.
Awnings or marquees. Any awning or marquee and its accompanying structural
members which extend over any street, sidewalk or other portion of
the premises shall be so maintained as to not constitute a nuisance
or safety hazard. In the event any such awning or marquee is not properly
maintained in accordance with the foregoing, it shall, together with
its supporting members, be removed forthwith. In the event any such
awning or marquee is made of cloth, plastic, wood or of 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 other
parts into the public domain.
E.
Temporary scaffolding or equipment. No scaffolding or other temporary
equipment used for construction, repair or maintenance shall be permitted
to remain in place beyond a period necessary to reasonably complete
the purpose for which such equipment was intended to be used without
permission of the public officer.
F.
Store fronts. All store fronts shall be maintained in good repair,
and all surfaces thereof shall be kept painted when necessary for
purposes of preservation and appearance. In the event repairs to a
portion of a store front are made, such repairs shall be performed
with materials identical or compatible with the materials used in
the area not undergoing repair, to the end that the appearance of
the store front shall be uniform and attractive and shall not constitute
a negative impact depreciating adjoining properties.
G.
Unoccupied buildings. All unoccupied buildings, including those areas
visible by the public from the public street or sidewalk, must be
maintained in broom-clean condition and free of litter.
A.
Outside storage or display of merchandise or commercial or industrial
material or equipment shall be forbidden. However, this section shall
not apply to outside storage of motor vehicles, trailers, campers,
boats, horticulture or agricultural products or equipment or other
similar merchandise held for retail sale upon the approval of the
appropriate Borough board. This section shall apply but not be limited
to storage of merchandise or equipment in trailers, motor vehicles,
shacks, sheds or other outside containers.
B.
Waiver of this provision may be applied for by written request to
the Borough Council and granted based upon the size and kind of merchandise
or equipment, duration and location of the outside storage and the
purpose of this code.
Parking lots or parking areas, including the entrances and exits thereto, shall be kept in a good state of repair and maintained so as to comply with § 137-9 hereof. Signage of ownership and use restrictions shall be maintained in good repair, clearly visible to potential parkers. Striping, where appropriate, shall indicate spaces, direction of flow and entrances and exits and be maintained so as to assure visibility.
The owner, operator and occupant shall have the duty and responsibility
of removing refuse and garbage at least twice per week, but if twice
weekly pickup is not sufficient to remove all garbage that accumulates,
removal more often shall be required.
Every day that the premises is open for business, the occupant
shall be responsible for removing litter from the sidewalk or other
pedestrian areas, if any, in front of the occupant's commercial
premises. The area shall be swept as often as necessary to maintain
it free of litter, spillage and other debris.
Upon discovery by an occupant of any condition of the premises
which constitutes a violation of this article by the owner or operator,
the occupant shall report same to the Police Department, Construction
Official or Health Officer, who shall be responsible for enforcement
of the provisions of this article.
All parts of the premises under the control of the occupant
shall be kept in a clean and sanitary condition, and the occupant
shall refrain from performing any acts which would render other parts
of the premises unclean or unsanitary or which would obstruct the
owner or operator from performing any duty required hereunder or maintaining
the premises in a clean and sanitary condition.
Every owner, operator and occupant shall be responsible for
the elimination of infestation in and on the premises subject to his
or her control.
No person shall deposit any litter on the ground in or upon
any commercial premises.
The owner and operator of every shopping area shall be responsible
for providing, maintaining and policing the following:
A.
Means of ingress and egress shall be clearly marked by signs.
B.
Parking spaces shall be clearly indicated by painted lines.
C.
Lanes for the movement of traffic in each direction shall be indicated
by arrows indicating one-way traffic which shall be painted in these
lanes at both ends.
D.
A trash basket with at least a twenty-gallon capacity shall be provided
for each 150 feet of store frontage in the shopping area. These baskets
shall be placed in the walking or pedestrian area and shall be provided
with tight-fitting covers fitted with hinged doors and shall not be
allowed to overflow.
It shall be the duty of the owners and operators, where parking
spaces and lanes are provided for their customers, to see that all
parking is done in conformity with the spaces provided and that the
flow of traffic conforms to the directional arrows painted in the
lanes between the parking spaces.
Each structure to which a street number has been assigned shall have such number displayed in a position and of such size as provided in § 123-4 of this Code.
[Amended 11-10-2009 by Ord. No. 16-2009]
All buildings and premises subject to this code are subject
to inspection from time to time by the Construction Official, Health
Officer, Police Department, Code Enforcement Officer or any other
Borough official charged with the duty of enforcing regulations governing
any aspects or conduct of the activity housed in said premises. At
the time of such inspections, all parts of the premises must be available
and accessible for such inspection, and the owner, operator and occupant
are required to provide the necessary arrangements to facilitate such
inspections. Such inspections shall be made during open hours of the
business occupying said premises unless there is reason to believe
a violation exists of a character which is an immediate threat to
health or safety requiring inspection and abatement without delay.
[Amended 11-10-2009 by Ord. No. 16-2009]
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 Police Department, Construction
Official, Code Enforcement Officer or Health Officer may order the
owner, operator or occupant to correct the violation or condition
within the period of time consistent with the hazard involved and
with the measures necessary to remove the hazard, and upon the failure
of the operator, owner or occupant to correct said conditions, the
Police Department, Construction Official, Code Enforcement Officer
or Health Officer shall abate said condition immediately thereafter.
[Amended 11-10-2009 by Ord. No. 16-2009]
Where abatement of any nuisance, as defined herein, or correction
of a defect on the premises or the maintenance of the premises in
a proper condition to conform to applicable ordinances of the Borough
of Westville or the laws of the State of New Jersey requires expenditures
of the Borough of Westville's money therefor, the Police Department,
Construction Official, Code Enforcement Officer or Health Officer
shall present a report of the work accomplished to the governing body
of the Borough of Westville, along with a summary of the proceedings
undertaken to secure compliance, including notice served upon owners,
operators, occupants or their agents, as the case may be, by telephone,
telegram, etc. The governing body shall then approve the expenditures
made and assess the same against the premises collectible as provided
by law. A copy of the resolution approving said expenses shall be
certified by the Borough Clerk and filed with the Tax Collector of
the Borough of Westville, who shall be responsible for the collection
thereof, and a copy of the report and resolution shall be sent by
certified mail, return receipt requested, to the owner. Said costs
shall be charged as a lien against the subject lands and premises
and shall be added to and form a part of the taxes next to be assessed
and levied upon such lands and premises, to bear interest at the same
rate as taxes, and shall be collected and enforced in the same manner
as taxes.
A.
Except as provided in § 137-25 hereof, where violations of this code or the regulations hereunder are found to exist, a written notice from the investigating Borough official shall be served on the person or persons responsible for the correction thereof.
[Amended 11-10-2009 by Ord. No. 16-2009]
B.
Notice shall be served personally or by certified mail, addressed
to the last known address of the person to be served. In the case
of an occupant, notice may be posted upon the main entrance door of
the building, and in the case of an owner who does not reside with
the Borough of Westville the last known address shall be the address
of the owner as shown in the office of the Tax Collector.
[Amended 11-10-2009 by Ord. No. 16-2009]
C.
The notice shall specify the violation or violations committed, what
must be done to correct the same, a reasonable period of time, not
to exceed 30 days, to abate the violation.
[Amended 11-10-2009 by Ord. No. 16-2009]
D.
After 10 days of the date of service of a notice, in the event the
violation is not abated, removed, cured or otherwise fully remedied
within the time period prescribed in the initial notice or extended
time period as permitted by the Investigating Borough Official, a
Municipal Court summons shall then issue against such person or persons
charged with the violation.
[Amended 11-10-2009 by Ord. No. 16-2009]
E.
At the hearing provided hereunder, the Construction Official shall
hear all parties, and determination shall be made within 10 days from
the completion of the hearing. He or she shall then issue an order
incorporating the determinations and direction contained in the notice,
modifying said notice if he or she so deems necessary. The Construction
Official may extend the time for correction of the violations where
he or she deems necessary.
F.
In the event the violation is not abated, removed, cured or otherwise
fully remedied within the time period prescribed in the initial notice
or extended time period as permitted by the Construction Official,
a summons shall then issue against such person or persons charged
with the violation.
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 that are 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 code shall prevail.
Any person who shall violate any of the provisions of this article or any order promulgated hereunder shall, upon conviction, be punished as set forth in Chapter 1, Article I, § 1-15, General penalty, and each violation of any of the provisions of this article, and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
[Adopted 10-11-2000 (Ch. 47, Art. II, of the 1974 Code)]
The purpose of this article shall be to establish certificates
of continued occupancy for commercial properties within the Borough
of Westville and to provide conditions and restrictions thereon.
As used in this article, the following terms shall have the
meanings indicated:
All permissible uses of property other than residential or
governmental.
The Construction Official or Code Enforcement Officer of
the Borough of Westville or his or her designated representative.
[Amended 11-10-2009 by Ord. No. 16-2009]
Any use, possession or control of real property by persons,
entities or personal property.
[Amended 11-10-2009 by Ord. No. 16-2009[1]]
No person shall occupy or use any building or portion thereof
for commercial or industrial purposes after such building or portion
thereof has been vacated or ownership, control or possession transferred
until he or she shall have applied for and secured a certificate of
continued occupancy therefor from the inspector.
The standards to be used as a guide in determining whether dwellings and buildings in this Borough are safe, sanitary and fit for human habitation and/or rental shall be those enumerated in § 137-4 of this article.
[Amended 11-10-2009 by Ord. No. 16-2009]
A.
No certificate of continuing occupancy shall be issued hereunder until an inspection is made by the inspector of the building or portion thereof requiring a certificate of continuing occupancy hereunder to determine whether the building or a portion thereof and the proposed use therefor complies with the applicable provisions of Article I of this chapter, Maintenance; Chapter 205, Land Use and Development; and any other laws pertaining to the use, occupancy or maintenance of said premises.
B.
The inspector shall cause such inspection to be made within 10 business
days of written application and shall issue a certificate of continuing
occupancy only after he or she shall have determined that the premises
or proposed use therefor complies with all applicable provisions of
the aforesaid laws.
C.
If the inspector shall determine that the premises or the proposed
use thereof are not in compliance with the aforesaid laws, he or she
shall deliver written notice thereof to the applicant advising of
the respects in which the premises or proposed use therefor do not
comply with such laws.
D.
Upon correction of the violations, the owner or registered agent
shall notify the inspector of the corrections, and within seven days
a reinspection will be made of the required inspections.
E.
The inspector may issue a temporary certificate of continuing occupancy,
notwithstanding a failure to comply with the aforesaid laws, permitting
use or occupancy of the premises while corrective action is being
taken and upon such further conditions as he or she deems reasonable,
provided that no such temporary certificate shall be issued unless
the inspector determines that the same will not pose an imminent or
substantial danger to the public health, safety or welfare. In no
event shall such temporary certificate be valid for a period of more
than 90 days unless good cause is shown to the inspector or his or
her designee.
[Amended 11-10-2009 by Ord. No. 16-2009]
Whenever the Inspector shall deny the issuance of a certificate
of continuing occupancy by reason of a determination that the premises
or proposed use therefor do not comply with the applicable provisions
of any law respecting the use, occupancy or maintenance of said premises,
the applicant therefore may appeal, within 10 days, said decision
to the Construction Official of the Borough of Westville.
This article is intended to supplement existing ordinances and
other laws pertaining to the use, occupancy and maintenance of premises
within the Borough of Westville and shall not be construed to excuse
any person from complying with such other laws.
In any case where the provisions of this article 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 that are set forth
herein shall prevail, but if the provisions of this article 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 code shall prevail.
In addition to any penalties which may be imposed herein, the
provisions of this article may be enforced in an appropriate civil
proceeding through injunctive relief or such other relief as the court
deem proper.
