[Adopted 8-22-2013 by Ord. No. 07:11-13]
This article shall be known as the "Commercial Maintenance Code
of the Borough of Bellmawr" 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 commercial premises hereinafter defined; to fix responsibilities
and duties upon owners, operators and occupants; to authorize and
establish procedures for the inspection of such 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 purposes as
stated herein.
The following terms, wherever used herein, shall have the following
meanings, unless a different meaning clearly appears from the context:
A lot or tract of land on which or on any part of which commercial
activity of any kind takes place. Commercial activity shall include
but is not limited to gasoline stations; parking lots; retail sales;
professional activities, including but not limited to medical, dental,
legal, architectural and accounting; personal services, including
real estate, insurance, barbershops, and hairdressers; repair shops
of all kinds; and amusements, including but not limited to movies,
skating rinks and bowling alleys, whether part of a shopping area
or not.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
Any common law nuisance or as provided by the laws of the State
of New Jersey or the ordinances of the Borough of Bellmawr.
Any attractive nuisance which may prove detrimental to the health
or safety of minor children, 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 to
minor children.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of the laws of the State of New Jersey
or ordinances of the Borough of Bellmawr.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person having actual possession 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 Bellmawr 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 Bellmawr
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
Bellmawr or the laws of the State of New Jersey, then the higher standard
contained therein 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 of 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 §§ 341-15 through 341-32 of this code, 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, which includes broken glass, filth, garbage, trash, litter
and debris.
B.
Natural growth, which includes brush, weeds, ragweeds, 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, constitutes a hazard to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed to prevent such conditions.
C.
Overhangings, which include loose 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 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 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
accumulations of stormwater.
F.
Sources of infestation.
G.
Equipment. Disassembled trucks, trailers or automobiles and parts
thereof.
H.
It shall
be unlawful for any property owner to park or permit the parking of
any vehicle on his or her lawn.
[Added 7-27-2017 by Ord. No. 06:12-17]
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 reason of other regulations
or as a lawful nonconforming use, shall be maintained in good repair.
In order to preserve property values and eliminate safety hazards
and protect adjacent properties and the neighborhood from blighting
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 the Zoning Ordinance and regulated by
the Building 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. All 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.
Awning or marquee. 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 that 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 that any such awning or marquee is made of cloth, plastic 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 of the public domain.
E.
Temporary scaffolding or equipment. No temporary painting scaffold
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.
Storefronts. All storefronts 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 that repairs
to a portion of a storefront 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 storefront shall be uniform and attractive and shall not constitute
a blighting factor 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, motor vehicles, trailers, disassembled trucks,
trailers or automobiles and parts thereof shall be forbidden. This
subsection also applies but is not limited to the storage of merchandise
or equipment in trailers, motor vehicles, shacks, sheds or other containers.
B.
Tractors and tractor trailers shall not be parked on any commercial
or industrial lot in excess of four hours. This does not mean that
any tractor or trailer may be moved from one area to another on the
same lot or lots.
C.
Waiver of this provision may be applied for in writing to the Mayor
and Borough Council and granted based on the size, amount and kinds
of merchandise or equipment, the 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 paved with asphalt or concrete and shall be kept in a good state of repair and maintained so as to comply with § 341-21 hereof. Signing 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 the 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 operator and occupant shall be responsible for the elimination
of infestation in and on the premises subject to his control.
No person shall deposit any litter on the ground in 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.[1]
E.
Fire zones shall be kept clear of all vehicular traffic and parking,
as designated by the Fire Marshal of the Borough of Bellmawr.
It shall be the duty of 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.
All buildings and premises governed by this code are subject
to inspection from time to time by the Construction Official, Health
Officer, Police Department or any other official charged with the
duty of enforcing regulations governing any aspect 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
inspections, 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.
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 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 condition, the Police Department, Construction Official
or Health Officer shall abate said condition immediately thereafter.
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 Bellmawr or the laws of the State of New Jersey requires expenditure
of the Borough of Bellmawr's moneys therefor, the Police Department,
Construction Official or Health Officer shall present a report of
the work accomplished to the governing body of the Borough of Bellmawr,
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 or as otherwise
provided by law. 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 Bellmawr, 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.
A.
Except as provided in § 341-36 hereof, where violations of this code or the regulations hereunder are found to exist, a written notice from the Construction Official shall be served on the person or persons responsible for the correction thereof.
B.
Notice shall be served personally or by certified mail, return receipt
requested, 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 case of an owner who does
not reside within the Borough of Bellmawr, the last known address
shall be the address of the owner as shown in the office of the Tax
Collector.
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; the right of the person
served to request a hearing; and that the notice shall become an order
of the Construction Official 10 days after service unless a hearing
is requested pursuant to these provisions.
D.
Within 10 days of the date of service of a notice, the notice shall
constitute a final order unless any person affected by the notice
requests a hearing thereon by serving a written request within the
ten-day period in person or by certified mail on the Construction
Official. Such request for a hearing shall set forth briefly the reasons
for which the request for a hearing is made and the factual matters
contained in the notice of violation for which the hearing is requested.
The Construction Official, upon receipt of the request for hearing,
shall, within 30 days therefrom and upon five days' notice to the
parties so requesting, conduct a hearing.
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 shall then issue an order incorporating
the determinations and directions contained in the notice, modifying
said notice if he so deems necessary. The Construction Official may
extend the time for correction of the violations where he 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.
Any person who shall violate any of the provisions of this article
or any order promulgated hereunder shall, upon conviction, be punished
by a fine not exceeding $2,000 or imprisonment in the county jail
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof, 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.
