The purpose of this article is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of commercial premises. The general provisions of Article I, as well as the provisions of this article, shall apply to all commercial premises in the Township.
A.
Required of all commercial buildings. Every commercial premises and
any buildings or structures situated in the Township used or intended
to be used for commercial occupancy shall comply with the provisions
of this article, whether or not such building or structure shall have
been constructed, altered or repaired before or after the enactment
of this article. This article establishes minimum standards for the
initial and continued occupancy and use of all such commercial buildings
and structures and does not replace or modify standards otherwise
established for the construction, repair, alteration or use of commercial
buildings, structures or premises contained therein. Where there is
a 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 article.
B.
Prevailing standard. In any case where the provisions of this article
impose a higher standard than is set forth in any other Township ordinance,
regulation or state law, then the standards as set forth herein shall
prevail. If the provisions of this article impose a lower standard
than any other Township ordinance or state law, then the higher standard
contained in any other such ordinance, regulation or law shall prevail.
Owners and operators shall have all the duties and responsibilities
prescribed in this article, and no owner or operator shall be relieved
from any duty or responsibility nor be entitled to defend against
any charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
A.
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. Any of the following 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)
Refuse, broken glass, filth, garbage, trash, rubbish, litter and
debris.
(2)
Natural growth, brush, weeds, ragweed, stumps, roots and obnoxious
growths; 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. Trees shall be kept
pruned and trimmed to prevent such conditions.
(3)
Overhang, 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.
(4)
Ground surface hazards or unsanitary conditions, holes, 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 repaired, and other
conditions 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 condition which may exist
on their premises.
(5)
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
(6)
Sources of infestation.
B.
Premises shall be kept landscaped; hedges and bushes shall be kept
trimmed. Lawns shall be maintained at a height of eight inches or
less.
C.
All signs and printed matter, pictures or illustrations contained
thereon, permitted by reason of other regulations or as a lawful nonconforming
use, shall be maintained in good repair.
D.
The exterior of every structure or accessory structure, including
fences, signs and storefronts, shall be maintained in good repair.
All structural surfaces shall be maintained free of safety hazards
and fire hazards such as broken windows, loose and falling shingles
and crumbling and falling stone or brick.
E.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
F.
The owner and operator of every commercial or business establishment
shall be responsible for providing or maintaining the following, where
applicable:
(1)
All forms of and areas of ingress and egress to the property, the
structure or the use.
(2)
Parking spaces clearly indicated by painted lines in accordance with
the approved site plan. Handicapped parking spaces shall be striped
and signed in accordance with the New Jersey Uniform Construction
Code or other applicable law.
(3)
Painted lane marking, traffic direction arrows and signage to define
the movement of traffic as approved on the original site plan or as
required by law.
A.
Condition of premises. 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 for maintaining
the premises in a clean and sanitary condition.
B.
Infestation. Every occupant shall be responsible for the elimination
of infestation in and on the premises subject to his control.
C.
Inspections. All buildings, structures and premises subject to this
article are subject to inspection from time to time by the Code Official
or their designees. At the time of these inspections, all parts of
the premises must be available and accessible for these inspections,
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate these inspections. The inspections shall
be made during normal business hours of the business occupying the
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.
A.
Immediate threats. Where the violation or condition existing on the
premises is of such nature as to constitute an immediate threat to
life and limb unless abated without delay, the Code Official or their
designee shall order the owner, operator or occupant to correct the
violation or condition immediately. Upon failure to do so, the Code
Official shall cause the condition to be abated as quickly as possible
to eliminate the threat or danger.
B.
Payment. Where Township monies will be required for abatement of any immediate threat or nuisance as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to conform to Township ordinances or state laws, the Code Official shall present a report of the work proposed to be done to accomplish the foregoing to the Township Administrator. The report shall include an estimate of the cost, along with a summary of the proceedings undertaken by the Code Official to secure compliance, including notices served upon the owners, operators, occupants or their agents. The Township Administrator may thereupon authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with Township ordinances and state laws. The Code Official may thereafter proceed to have the work performed at Township expense and shall, upon completion, submit a report of the monies expended and costs to the Township Administrator. After review of the report, the Township Administrator may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the Township expenses and costs shall be certified by the Township Clerk and filed with the Township Tax Collector, who shall be responsible for their collection. A copy of this report shall be sent by certified mail, return receipt requested, to the owner. The provisions of this section are in addition to penalties that may be assessed under the provisions of § 390-21.