[Adopted 2-22-2001 by Ord. No. 7-01[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 74,
Property Maintenance, consisting of Art. I, Downtown Business and
Residential Areas, adopted 7-10-1997 by Ord. No. 10-97.
It is the purpose of this article to ensure regular maintenance
and improvements to present structures, safeguard against blight and
preserve property values and community standards and to establish
minimum maintenance standards to safeguard life, limb, health, safety,
property and the public welfare in the best interest of the residents
of the Borough of Clayton.
It is found and declared that, by reason of lack of maintenance
and progressive deterioration, structures and 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.
By reason of timely regulations and restrictions, as herein contained,
the growth of slums and blight may be prevented 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.
As in this article, the following terms shall have the meanings
indicated:
A subordinate building located on the same lot with the main
buildings, occupied by or devoted to an accessory use. Where an accessory
building is attached to the main building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the main building.
The Borough of Clayton.
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of "building" shall include the term "structure."
The officer or officers employed by the Borough of Clayton
to enforce the State Uniform Fire Prevention and Building Code previously
adopted by said Borough.
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, or alleyway or from any adjoining or neighboring
premises.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
Fully operable for the use intended.
A standard or maintenance that renders a building safe, habitable,
and possessed of a neat and orderly appearance.
Any person who has charge, care or control of a building
or part thereof.
Includes any person having individual or joint title to real
property in any form defined by the laws as an estate or interest
therein, whether legal or equitable and however acquired.
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organization recognized
as an entity by the laws of the State of New Jersey.
A building, dwelling and/or grounds.
Land and whatever is erected on, growing on, placed on or
affixed thereto.
All cardboard, plastic material or glass containers, wastepaper,
rags, sweepings, pieces of wood, excelsior, rubber and like waste
material.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
The officer employed by the Borough of Clayton to enforce
the zoning laws of the Borough of Clayton and this article.
A.
This article establishes certain minimum standards for the initial
and continued occupancy and use of all structures and does not replace
or modify standards otherwise established for the construction, repair,
alteration or use of the structure, the premises or the equipment
or facilities contained therein, as are required by the State Uniform
Construction Code and Uniform Fire Code.
B.
In any case where a provision is found to be in conflict with any
applicable zoning, building, plumbing, electrical, heating, ventilation,
fire or safety code of the Borough of Clayton, County of Gloucester,
State of New Jersey or United States of America, the provision that
establishes the higher standard, as determined by the Zoning Officer,
shall prevail.
The exterior of the premises and the condition of structures
shall be maintained so that the premises and all buildings shall reflect
a level of maintenance in keeping with the standards of the community
and shall not constitute blight from the point of view of adjoining
property owners or lead to the progressive deterioration of the neighborhood.
Such maintenance shall include, without limitation, the following:
A.
Foundations, porches, decks, steps and walls shall be in good condition.
B.
Vent attachments shall be safe, durable, smoke-tight and capable
of withstanding the action of flue gases.
C.
Exterior balconies, porches, landings, stairs and fire escapes shall
be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
D.
All permanent signs and billboards exposed to public view permitted
by reason of other regulations or as a lawful nonconforming use shall
be maintained in good repair. Any signs that have become excessively
weathered, those upon which the paint has excessively peeled or those
whose supports have deteriorated so that they no longer meet the structural
requirements of the State Uniform Construction Code and Uniform Fire
Code shall, with their supports, be removed or put into a good state
of repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supports, be removed. Signs denoting a business
which is no longer on the premises shall be removed within 30 days
of the date on which the business ceases to occupy the premises.
E.
All storefronts and walls exposed to public view shall be kept in
a good state of repair. Storefronts or any portion of the structure
shall not show evidence of excessive weathering or deterioration of
any nature. Unoccupied storefronts shall be maintained in a clean
and neat appearance.
F.
Any awnings or marquees and accompanying structural members shall
be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or of a similar material and
are exposed to public view, such material shall not show evidence
of excessive weathering, discoloration, ripping, tearing, holes or
other deterioration. Nothing herein shall be construed to authorize
any encroachment on streets, sidewalks or other parts of the public
domain.
G.
All vacant buildings shall be continuously guarded or sealed and
kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Zoning
Officer as to color, design and building material. Owners of such
buildings shall take such steps and perform such acts as may be required
to ensure that the building and its adjoining yards remain safe and
secure and do not present a hazard to adjoining property or to the
public and that such property does not become infested with vermin
or rodents.
H.
Exterior walls, including doors and windows and the areas around
doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. Materials
which have been damaged or show evidence of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner.
I.
All exposed exterior surfaces shall be maintained free of broken
or cracked glass, loose shingles or loose or crumbling stones or bricks,
loose shutters, railings, or aerials, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance.
Said conditions shall be corrected by repair or removal. All exposed
exterior surfaces of structures not inherently resistant to deterioration
shall be coated, treated or sealed to protect them from deterioration
or weathering. Wood, masonry or other exterior materials that will
naturally resist deterioration do not have to be treated but must
be otherwise maintained in a sound, secure, workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained
in a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs
and fixtures of buildings shall be maintained in a clean, safe, sanitary
condition. Every floor, exterior wall, roof, porch, or appurtenance
thereto shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the building or to the public.
J.
Roof drains, overflow pipes, air-conditioning drains and any other
device used to channel water off or out of a building shall be maintained
in a safe, operable condition and shall not drain onto a public sidewalk,
walkway, street, alleyway or adjoining property.
K.
Lawns shall be cut, and bushes, shrubs and hedges shall be trimmed
regularly during the growing season so as to avoid an unsightly appearance.
It shall be unlawful for any individual or person owning property
or a corporation owning property in the Borough of Clayton to allow
grass and weeds to grow over a height of eight inches. A notice will
be sent to the property owner in violation giving them five days to
comply. A second and final notice will be sent to the property owner
giving them an additional five days to comply. If the violation persists,
then the Public Works Department will be directed to mow and/or clean
up the property, and the Borough will place a municipal lien against
the property for the cost to do same.
[Amended 6-13-2019 by Ord. No. 10-2019; 11-10-2021 by Ord. No. 26-2021]
A.
Surface or subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers
or other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge.
B.
Fences and other minor construction shall be maintained in a safe
and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled
and necessary repairs or replacement carried out.
D.
Yards and vacant lots shall be kept clean and free of physical hazards
and rodent harborage and infestation. They shall be maintained in
a manner that will prevent dust or other particles from being blown
about the neighborhood. Open wells, cesspools or cisterns shall be
securely closed or barricaded from access by the public. All temporary
excavations shall be kept covered or barricaded so as to protect the
general public from injury.
E.
All land must be kept free of dead or dying trees and accumulations
of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious
growths, garbage, refuse, or debris which would either tend to start
a fire or increase the intensity of a fire already started or cause
poisoning or irritation to the people or animals or cause or tend
to cause or enhance an unhealthy or dangerous or obnoxious condition
on said property or on any adjacent or neighboring property.
A.
Business units shall at all times be maintained in compliance with
the provisions of this article regulating open spaces, buildings or
structures and littering.
B.
No materials or stock-in-trade, garments, shoes or other wares may
be stored or displayed in a front or exterior or interior side yard
except for motor vehicles for sale at a permitted motor vehicle sales
establishment. No soft drink or other vending machines, ice machines
or the like may be placed in front of a building on a public sidewalk.
Specifically excluded therefrom are chairs and tables used in connection
with a sidewalk cafe or restaurant, provided that there shall be sufficient
sidewalk passage for pedestrians. Materials may be stored in a rear
yard, provided that a storage area therein is completely enclosed
within a six-foot-high solid fence or evergreen hedge of equivalent
height and that the storage area does not infringe on or obstruct
vehicle parking or maneuvering areas.
C.
No outside storage or accumulation or garbage, crates, rubbish, refuse,
or debris shall be permitted at any time, and all such garbage, crates,
rubbish, refuse or debris shall be kept inside the building or buildings
on the premises or in an acceptable enclosure and shall be regularly
collected and removed from the premises.
D.
No shopping baskets, carts or wagons shall be left unattended or
standing in open areas, and the same shall be collected at the close
of business each day by the occupants of such unit and moved to the
interior of the building or buildings.
E.
No mobile refrigeration unit shall be operated on the premises after
the closing of the business conducted thereon unless such mobile refrigeration
unit is electrically operated, except in an industrial zone.
F.
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include
but not be limited to the replacement of trees and shrubs which may
die and/or otherwise be destroyed, the maintenance and cutting of
lawns and the replacement and/or repair of fences which may become
in disrepair.
G.
Persons owning or occupying property shall keep all walkways, public
or private, abutting said premises free from litter and trash of whatever
nature.
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform to generally accepted practice.
B.
Where the potential for rodent or vermin infestation exists, windows
and other openings in basements and cellars shall be closed or appropriately
screened with wire mesh or other suitable materials.
C.
No materials, goods or supplies may be stored in any front yard or
in an exterior or interior side yard. Materials may be stored in a
rear yard, provided that the area used for storage is screened from
neighboring properties by a fence or hedge and that the method and
manner of storage complies with the other provisions hereof.
A.
Residential, commercial, and industrial premises, whether improved
or vacant, shall be maintained free of litter; provided, however,
that this section shall not prohibit the storage of litter in appropriate
private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse in accordance
with the provisions of applicable codes. Each owner of any building
from which garbage, rubbish, mixed refuse, ashes or other wastes are
collected shall provide refuse containers sufficient in number to
hold all collectible wastes which may accumulate. Containers must
be rodent- and insectproof and watertight and must be kept covered
at all times. Such containers must not be kept in a front yard or
exterior side yard.
C.
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first completely removing any locking
or latching devices and all doors.
D.
Dumpsters and similar large receptacles shall be shielded from the
public view by means of appropriate landscaping, hedges, fences or
screening. This section shall not apply to receptacles for clothing
and the like donated to charity.
E.
Shopping centers, supermarkets and similar business units shall provide
permanent, attractive, decorated litter receptacles within the premises
for public use in sufficient quantity so that a person will not have
a walk in excess of 50 feet to use any such receptacle.
[Added 8-11-2016 by Ord.
No. 17-2016]
A.
Purpose. The purpose of this section is to protect and promote the
public health through the control of the growth of invasive plant
species.
B.
INVASIVE PLANTS
Definitions. As used in this section, the following terms shall have
the meaning indicted:
All native and non-native vines and vegetation that grow
out of place and are competitive, persistent and pernicious. These
plants may damage trees, vegetation, other plant materials, or structures.
Examples include but are not limited to running (monopodial) bamboo,
clumping (sympodial) bamboo, multiflora rose, kudzu-vine and poison
ivy and oak.
C.
Prohibition. No owner, tenant or occupant of a property or person,
corporation or other entity, shall plant, install or cause or permit
the planting or installation of invasive plants upon any property
located within the Borough of Clayton.
D.
Duty to confine. In the event any invasive plants are located upon
any property within the Borough of Clayton prior to the adoption of
this section, the owner and occupant of said property shall jointly
and severally be required to confine such species to prevent the encroachment,
spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the invasive plants from the property and
all affective properties. Failure to properly confine such plants
shall require removal as set forth below. The cost of said removal
shall be at the invasive plant property owner's expense. This duty
to confine shall not apply if the property owner and/or occupant can
establish to the satisfaction of the Code Enforcement Officer that
the invasive plant which is on his or her property at the time of
the adoption of this section originated on another property.
E.
Removal. In the event invasive plants are present on the date of
adoption of this section and a complaint is received by the Borough
regarding an encroachment of any invasive plant, and the Code Enforcement
Officer of the Borough, after observation and/or inspection, determines
that there is an encroachment or invasion on any adjoining/neighboring
private or public property or public right-of-way (hereinafter “the
affected property”), the Borough shall serve notice to the invasive
plant property owners, in writing, that the invasive plant has invaded
other private or public property(ies) or public right(s)-of-way and
demand the removal of the invasive plant from the affected property
and demand approved confinement against future encroachment or, in
the alternative, the total removal from property owner’s property.
Notice shall be provided to the invasive plant property owner, by
certified, return-receipt-requested mail and regular mail. Within
10 days of receipt of such notice, the invasive plant property owner
shall submit to the Code Enforcement Officer of the Borough a plan
for the removal of the invasive plant from the affected property,
which plan shall include restoration of the affected property after
removal. Within 60 days of receipt of the Code Enforcement Officer’s
approval of the plan of removal and restoration, the removal and restoration
shall be completed to the satisfaction of the Code Enforcement Officer.
[Amended 11-10-2021 by Ord. No. 26-2021]
F.
Violations and penalties.
(1)
Whenever an invasive plant as defined by this section is found on any plot of land, lot or any other premises or places in violation of this section, or if existing upon adoption of this section, but is found to have spread beyond the boundaries of a property and the invasive plant property owner does not complete removal in accordance with this section, the invasive plant property owner shall upon conviction be subject to the penalties stated in § 74-14. In addition, the Code Enforcement Officer may request and the Municipal Court may grant, a specific performance remedy.
(2)
Nothing herein shall be interpreted as limiting the rights of a private
property owner to seek civil relief through a Court of proper jurisdiction,
nor the institution of civil proceedings against the proper parties.
G.
Other ordinances and laws unaffected. Nothing herein shall be interpreted
as limiting the right of the Borough to require abatement and removal
of invasive plants pursuant to any other applicable Borough Code section
or state statute, including but not limited to N.J.S.A. 40:18-2.13.
The Borough may require abatement and removal under this section or
state law prior to pursuing, and independently of, any enforcement
action pursuant to this section.
All occupants of premises shall be responsible for compliance
with this article in regard to the following:
A.
Maintenance of that part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
B.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities,
in that part of the premises which he occupies or controls in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
C.
Keeping exits from the building or occupant's portion thereof clear
and unobstructed.
D.
Disposal of garbage and refuse into appropriate facilities in a clean
and sanitary manner, in accordance with any applicable provisions
of the Borough.
E.
Extermination of insects, rodents or other pests within the premises.
F.
Maintenance of yards, lawns or courts in a clean, sanitary and safe
condition and free from infestation by rodents or vermin, insofar
as said occupant occupies or controls said yards, lawns or any parts
thereof.
G.
The installation and removal of required screens.
H.
Keeping domestic animals and pets in an appropriate manner and under
control, in accordance with any other regulations of the Borough.
I.
Elimination of all prohibited uses for that part of the premises
which he occupies, controls or has accessibility thereto.
A.
Responsibilities.
(1)
Owners of premises shall be responsible for compliance with the provisions
of this article and shall remain responsible therefor regardless of
the fact that this article may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
(2)
Owners and operators of buildings shall be responsible for the proper
installation, maintenance, condition and operation of service facilities
and for furnishing adequate heat and hot-water supply where they have
contracted to do so.
B.
Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the Borough as
executor, administrator, trustee, guardian, operator or agent, such
persons shall be deemed and taken to be the owner or owners of said
property within the intent and meaning of this article and shall comply
with the provisions of this article to the same extent as the record
owner, and notice to any such person of any order or decision of the
Zoning Officer shall be deemed and taken to be good and sufficient
notice, as if such person or persons were actually the record owner
or owners of such property. In instances where an occupant is responsible
or shares responsibility with the owner for the existence of one or
more violations of this article, said occupant shall be deemed and
taken to be an owner within the intent and meaning of this article.
A.
The Zoning Officer is hereby authorized and directed to make inspections
to determine compliance with this article. Inspections shall be made
between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday,
and every operator or owner shall cooperate with the Zoning Officer
in providing access to the premises. Whenever the Zoning Officer determines
that there is a violation of the provisions of this article, he shall
cause a written notice to be served upon the owner or operator, which
shall include:
(1)
An enumeration of conditions which violate the provisions of this
article.
(2)
An enumeration of the remedial action required to meet the standards
of this article.
(3)
A statement of a definite number of days from the date of the notice
in which the owner or operator must commence and complete such remedial
action.
(4)
A statement of the penalties for noncompliance, as set forth herein.
B.
A copy of such notice shall be filed in the Borough Clerk's office,
and such notice shall be deemed sufficient if served upon the owner
or operator as follows:
C.
Upon failure to comply with said notice, the Zoning Officer shall
issue a violation returnable in the Borough Municipal Court.
A.
For purposes of enforcement of this article, if work is being done
on the property, either the prime or general contractor or the owner
shall be held responsible.
B.
Materials may be stored in any area of the property upon which construction
is being carried on, provided that the method of storage and the materials
stored are in compliance with the requirements of this article. In
no event shall such storage be permitted for a period exceeding one
year.
C.
Drainage crossing the property being developed must be maintained
during the period of development, and no materials may be stored,
land disturbed or other work done to interfere with drainage or to
divert or cause runoff of groundwater or stormwater in an unnatural
fashion.
D.
The person responsible as herein provided shall take all necessary
and reasonable steps to ensure that there will not be an unusual or
unwarranted amount of dust and debris blown onto or across neighboring
or nearby properties.
E.
Construction roads must be oiled or kept wet or properly treated
to decrease the spread of dust and mud.
F.
A temporary cover such as rye grass or a mulch must be applied on
land that has been stripped of its protective vegetation during the
course of its construction to prevent the spread of dust and mud.
G.
All excavations in or near a public or private walkway or street
must be properly guarded and protected at all times by lights, flags,
barricades or other warnings sufficient in kind and amount to warn
the public of the danger of falling into the excavation.
H.
Temporary electrical service must be through electric lines that
are weather- and waterproof; such lines must not cross public walkways
or highways on the ground, nor shall they be placed on the ground
in areas subject to construction equipment traffic.
I.
Grounds and buildings must be kept free of debris such as broken
glass, boards with fastenings protruding and other articles making
travel around the job site dangerous and unsafe.
[Amended 5-10-2001 by Ord. No. 11-01[1]]
A violation of any provision of this article shall be an offense punishable by the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty. For the purposes of this article, each week's continued existence of a violation shall constitute a separate violation.
