It is hereby found and declared that there exist in the Borough
of Lindenwold structures used for residential and nonresidential use
which are or may become substandard with respect to structure, equipment
or maintenance, and, further, that such conditions, including but
not limited to structural deterioration, lack of maintenance and appearance
of the exterior of the 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, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Borough of Lindenwold. 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 chapter 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 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 chapter; and to provide for the repair,
demolition or vacation of premises unfit for human habitation, occupancy
or use. It is intended that any inspections and/or reports compiled
in accordance herewith may be used to aid any proceeding before any
agency or court.
The following terms, wherever used herein or referred to in
this chapter, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context. All definitions
of the adopted International Building Code issued and promulgated
by the ICC, New Jersey Edition, are hereby incorporated as if fully
set forth herein.[1]
Any building or structure having a roof or partial roof supported
by columns or walls used or intended to be used for human habitation,
use or occupancy, regardless of the materials of which it is constructed,
and includes accessory buildings and appurtenances belonging thereto
or usually enjoyed therewith.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting, corrosion,
or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any room or rooms or suite or apartment, including any room
or rooms in a rooming/boardinghouse, whether furnished or unfurnished,
which is occupied or intended, arranged or designed to be occupied
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof or any of his servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with use
or occupancy thereof. Each dwelling unit shall contain no more than
one kitchen or cooking facility.
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.
Open space on the premises outside any building thereon.
The control and elimination of insects, rodents and vermin.
Putrescible animal and vegetable or other organic 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,
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, which shall not be considered as "habitable
rooms." A habitable room, other than a kitchen, shall not be less
than seven feet in any plan dimension.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
See § 240-18.
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 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 Lindenwold.
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 and excavations; abandoned
iceboxes, refrigerators and motor vehicles; any structurally unsound
fences or structures; and 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
the health of persons on or near the premises where the conditions
exist.
Overcrowding of a room with occupants in violation of this chapter
or any other Borough ordinance or laws of the State of New Jersey.
Insufficient ventilation or illumination in violation of this
chapter or any other Borough ordinance or laws of the State of New
Jersey.
Inadequate or insanitary sewage or plumbing facilities in violation
of this chapter or any other Borough ordinance or laws of the State
of New Jersey.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this chapter or any other Borough
ordinance or laws of the State of New Jersey.
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 individual, partnership or corporation and 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 estate or as
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.
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.")
A building or dwelling unit that is found to be dangerous
to the life, health, property or safety of the public or the occupants
of the building or dwelling unit by not providing minimum safeguards
to protect or warn occupants in the event of fire or because such
building or dwelling unit contains unsafe equipment or is so deteriorated,
damaged, decayed, dilapidated, structurally unsafe or of such faulty
construction or unstable foundation that partial or complete collapse
is likely.
Electric, gas, heating, water and sewerage services, and
equipment therefor.
Every dwelling unit or 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 chapter, whether
or not such building shall have been constructed, altered or repaired
before or after the enactment of this chapter, and irrespective of
any permits or licenses which shall have been issued for the use or
occupancy of the building or premises, for the construction or repair
of the building, or for the installation or repair of equipment or
facilities prior to the effective date of this chapter. This chapter
shall also apply to mobile home parks. No person shall occupy or rent
to another for occupancy any dwelling unit for the purposes of living
therein which does not conform to the provisions of this chapter.
The Borough of Lindenwold hereby adopts the provisions of the 2012 International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures. A copy of the Property Maintenance Code is annexed to this chapter, and three copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same. The provisions of the International Code shall be read in harmony with the other provisions in this chapter as much as possible. Any inconsistencies shall be handled pursuant to § 240-6 titled "Conflict with other laws." The Code Enforcement Officer or other individual with power to enforce the provisions of this chapter shall be and hereby is entitled to cite violations of the International Code. In writing a violation, the International Code provision shall be cited along with a reference to the authority imposed pursuant to this section. All references to "jurisdiction" or "municipality" shall mean the Borough of Lindenwold. The following sections of the International Code must be amended and/or supplemented to ensure it applies to the Borough of Lindenwold:[1]
A.Â
Section 101.1 is amended to read: "These regulations shall be known
as the International Property Maintenance Code of the Borough of Lindenwold."
B.Â
Section 103.5, dealing with fees: "The fees are determined and set
forth in Chapter 150."
C.Â
Section 112.4 Failure to Comply. "Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as set forth in Chapter 1, § 1-1, of the Code of the Borough of Lindenwold."
D.Â
Section 302.4 Weeds. "All premises and exterior property shall be
maintained free from weeds or plant growth in excess of six inches.
All noxious weeds shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not include cultivated flowers
and gardens. Upon failure of the owner or agent having charge of a
property to cut and destroy weeds after service of a notice of violation,
they shall be subject to prosecution in accordance with Section 106.3
and as prescribed by the authority having jurisdiction. Upon failure
to comply with the notice of violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property."
E.Â
Section 304.14 Insect Screens. "During the period from May 1 to October
1, every door, window and other outside opening required for ventilation
of habitable rooms, food preparation areas, food service areas or
any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall
be supplied with approved tightly fitting screens of minimum 16 mesh
per inch (16 mesh per 25 millimeters), and every screen door used
for insect control shall have a self-closing device in good working
condition. Exception: Screens shall not be required where other approved
means, such as air curtains or insect repellent fans, are employed."
F.Â
Section 602.3 Heat Supply. "Every owner and operator of any building
who rents, leases or lets one or more dwelling units or sleeping units
on terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period from October 1 to May
1 to maintain a minimum temperature of 68° F. (20° C.) in
all habitable rooms, bathrooms and toilet rooms. Exceptions:
(1)Â
When the outdoor temperature is below the winter outdoor design temperature
for the locality, maintenance of the minimum room temperature shall
not be required, provided that the heating system is operating at
its full design capacity. The winter outdoor design temperature for
the locality shall be as indicated in Appendix D of the International
Plumbing Code.
(2)Â
In areas where the average monthly temperature is above 30° F.
(-1° C.), a minimum temperature of 65° F. (18° C.) shall
be maintained."
G.Â
Section 602.4 Occupiable work space. "Indoor occupiable work spaces
shall be supplied with heat during the period from October 1 to May
1 to maintain a minimum temperature of 65° F. (18° C.) during
the period the spaces are occupied. Exceptions:
The provisions of this chapter are to establish minimum standards
for the continued occupancy and the use of residential, nonresidential
or mixed occupancy buildings and dwelling units. In any case where
the provisions of this chapter impose a higher standard than set forth
in any other ordinance, proposed standard or law of the State of New
Jersey, then the standards set forth herein shall prevail. If the
provisions of this chapter impose a lower standard than any other
ordinance, proposed standard or law of the State of New Jersey, then
the higher standard contained in any such other ordinance or law shall
prevail.
No license or permit or other certification of compliance with
this chapter 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 Lindenwold from enforcing any such other provision.
Nothing in this chapter shall be construed to abrogate or impair
the power of the municipality or any officer or department thereof
to enforce any provisions of its ordinances or regulations, to prevent
violations or punish violators thereof, and the powers conferred by
this chapter shall be in addition and supplemental to the powers conferred
upon the municipality by any other law or ordinance.
