[Adopted 8-23-1988 by Ord. No. 35-88 (Ch. 185, Art. II, of
the 1990 Code)]
This article shall be known as the "Property Maintenance Code
of the Township of Mount Olive" and may be referred to in this ordinance
in the short form as the "Property Maintenance Code" or as "this code."
It is hereby found and declared that there exist in the Township
of Mount Olive structures and vacant lots which are or may become
in the future substandard with respect to structural integrity, equipment
or maintenance or further that such conditions, including but not
limited to structural deterioration, lack of maintenance of exterior
premises and vacant lots, infestation, lack of essential heating,
plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential facilities and utilities, existence of fire
hazards, inadequate provisions of light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, welfare
and reasonable comfort of the citizens and inhabitants of the Township
of Mount Olive. It is further found and declared that, by reason of
lack of maintenance and ensuing progressive deterioration, certain
properties have the further effect of creating blighting conditions
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 blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of dwellings and neighborhoods enhanced and the public health, safety
and welfare protected and fostered.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance,
appearance, condition 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 code; to provide for the right of access across adjoining premises;
to permit repairs; and to provide for the repair, demolition or vacation
of premises unfit for human habitation or occupancy or use. 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.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this code, have the meanings indicated in this
section.
A.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter, the
singular number indicates the plural, and the plural, the singular.
B.
Terms defined in Building Code. Where terms are not defined in this
section and are defined in the Building Code, they shall have the
meanings ascribed to them in the Building Code.
C.
Terms not defined. Where terms are not defined under the provisions
of this code or under the provisions of the Building Code, they shall
have ascribed to them their ordinarily accepted meanings or such as
the context herein may imply.
D.
ACCESSORY STRUCTURE
APPROVED
BASEMENT
BATHROOM
BUILDING
BUILDING CODE
BUILDING SERVICE EQUIPMENT
CELLAR
CURRENTLY UNINSPECTED OR UNREGISTERED MOTOR VEHICLE
DETERIORATION
DWELLING
DWELLING UNITS
(1)
(2)
EMANCIPATED MINOR
ENFORCEMENT OFFICER
EXTERIOR PROPERTY AREAS
EXTERMINATION
FAMILY
FIRE HAZARD (also see NUISANCE)
GARBAGE
GROSS FLOOR AREA
HABITABLE ROOMS
HOTEL or MOTEL
HOUSING INSPECTORS
INFESTATION
INOPERABLE MOTOR VEHICLE
KITCHEN
MOTOR VEHICLE
MULTIFAMILY DWELLING
NET FLOOR AREA
(1)
(2)
(3)
(4)
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
OCCUPANT
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON
PLUMBING and PLUMBING FIXTURES
PREMISES
ROOM
ROOMING UNIT
RUBBISH
SEWAGE
SLEEPING ROOM or BEDROOM
STRUCTURE
SUPPLIED
UTILITIES
VACANT
VACANT LOT
VENTILATION
WASHROOMS
WATER CLOSET COMPARTMENTS
WEATHERING
WORKMANLIKE STATE OF MAINTENANCE AND REPAIR
YARD
Applied meaning of words and terms. As used in this article, the
following terms shall have the meanings indicated:
A building which is customarily used as an incidental building
to a principal building and located on the same lot with such principal
building; excluding, however, any structure which is attached to a
principal building.
As applied to a material, device or method of construction,
approved by the enforcement officer under the provisions of this code
or approved by another authority designated by law to give approval
in the matter in question.
A story, the floor of which is below grade and the ceiling
of which is not less than four feet, six inches above grade. (See
also "cellar.")
Enclosed space containing one or more bathtubs, showers,
or both, and which may also include toilets, lavatories or fixtures
serving similar purposes.
See "structure."
The Building Code, latest edition and current accumulative
supplement officially adopted by the Township; or such other code
as may be officially designated by the legislative body of the Township
for the regulation of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of buildings
and structures.
The mechanical, electrical and elevator equipment, including
piping, wiring, fixtures and other accessories, which provide sanitation,
lighting, heating, ventilation, fire-fighting and transportation facilities
essential for the habitable occupancy of the building or structure
for its designated use and occupancy.
A story, the floor of which is below grade and the ceiling
of which is less than four feet, six inches above grade.
Any motor vehicle of which the registration thereof or inspection
marker thereof is 30 days overdue in accordance with the laws of the
State of New Jersey or which does not properly display the correct
license plate consistent with the currently valid registration of
that vehicle.
The condition of a structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any building which was or is, wholly or partly, used or intended
to be used for living or sleeping quarters by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit, with facilities which are used or
are intended to be used for living, sleeping, cooking and eating.
SINGLE-FAMILY DWELLINGA building designed for and occupied exclusively by not more than one family.
TWO-FAMILY DWELLINGA building designed for and occupied exclusively by not more than two families.
Any person under the age of 18 who is gainfully employed
and self-supporting or who is married to a spouse who is gainfully
employed and who supports said minor or who is a student living away
from home and in regular attendance at an institution of higher learning.
The official designated herein or otherwise charged with
the responsibilities of administering the code or his authorized representatives,
including the Township Administrator, Zoning Officer, Building Inspector,
Construction Officials, Health Officer and/or Property Maintenance
Officer and their subordinates or designees.
[Amended 6-29-1999 by Ord. No. 19-99; 6-12-2012 by Ord. No. 18-2012]
The open space on the premises and on adjoining premises
under the control of the owners or operators of said premises.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places or by removing or making
inaccessible materials that may serve as their food, by poison, spraying,
fumigation, trapping or by any other approved pest-elimination methods.
One or more persons who live together in one dwelling unit
and maintain a common household and who are related by blood, marriage
or adoption. For the purpose of this article, a "family" includes
only a husband and wife, son, son-in-law, daughter, daughter-in-law,
father-in-law, mother, mother-in-law, brothers and sisters, grandparents,
grandchildren, stepchildren and adopted children and bona fide family
servants living in and working full-time on the premises. For the
purpose of this article, "family" shall also mean one or more persons,
but not more than three persons, unrelated and unmarried to each other,
but living together in one dwelling unit and maintaining a common
household.
Anything or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The total area within a dwelling unit available and accessible
to the occupants thereof for all purposes associated with living in
said unit.
Rooms used or designated 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
and utility rooms or porches. Other rooms or spaces that are not used
frequently or for an extended period or that have less than 70 square
feet of floor area shall not be considered as "habitable rooms."
Any building kept, used, maintained, advertised as or held
out to be a place where sleeping accommodations are supplied for pay
to transient or permanent guests, in which rooms are rented, furnished
or unfurnished, including any room found to be arranged for or used
for sleeping purposes, with or without meals, for the accommodation
of such guests.
All officials, officers or employees of the Township of Mount
Olive entrusted with the enforcement of this code.
[Amended 9-25-1990 by Ord. No. 40-90]
The presence, within or contiguous to a structure or premises,
of insects, rodents, vermin or other pests.
Any motor vehicle which cannot be moved under its own power
from place to place by reason of mechanical defects or inadequate
equipment, including but not restricted to the lack of one or more
tires, and which shall remain in such condition for a period of 14
days or more.
Any room or part of a room used for cooking or the preparation
of food.
An automobile, omnibus, road tractor, trailer, truck, truck-tractor and other vehicles defined in Chapter 1 of Title 39 of the Revised Statutes of the State of New Jersey, as amended (N.J.S.A. 39:1-1).
All hotels, motels and residential structures, except one-
or two-family dwelling units, and the premises upon which they are
situated in the Township of Mount Olive, used or intended to be used
for dwelling occupancy. This shall include all buildings or structures
which meet this definition but additionally have commercial or other
use also.
[Added 3-1-1990 by Ord. No. B-5-90; amended 9-25-1990 by Ord. No.
40-90]
The net floor area within a dwelling unit shall be computed
by deducting from the gross floor area the following:
Built-in equipment, wardrobes and closets, bathrooms, water
closet compartments, laundries, serving and storage pantries, cellars,
heating rooms, boiler rooms, utility rooms, kitchens, kitchenettes
and areas utilized for cooking purposes.
Other rooms or spaces that are not used frequently and regularly
for living purposes.
Such part of any room where the floor-to-ceiling height is less
than seven feet.
Any public nuisance known at common law or equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Township of Mount Olive.
Any attractive nuisance which may prove detrimental to the health
and safety of persons, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes but it is not limited
to abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structures, unsound structures,
lumber, trash, fences, debris or vegetation, such as poison ivy, oak
or sumac.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the condition exists.
Overcrowding of a room with occupants in violation of this code.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or unsanitary sewerage or plumbing facilities in
violation of this code.
Unsanitary conditions or anything dangerous to health in violation
of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person living, sleeping or having actual possession of
a business, dwelling unit or room unit.
Any person who has charge, care or control of a structure,
whether with or without the knowledge and consent of the owner.
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgage or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation
in control of a building or their duly authorized agents.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
[Added 6-12-2012 by Ord. No. 18-2012]
An individual, firm, corporation, association or partnership.
All of the following supplies, facilities and equipment:
gas-burning equipment, water pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs,
shower baths, installed clothes-washing machines, catch basins, vents
and any other similar fixtures, together with all connections to water-,
sewer or gas lines and water pipes and -lines utilized in conjunction
with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structures thereon. For the purpose of this code, a vacant lot shall
be defined as a "lot." For the purpose of this code, "premises" shall
also include the area between the sidewalk and curb, where applicable.
Space in an enclosed building or space set apart by a permanent
partition or partitions.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
All combustible and noncombustible waste materials, other
than garbage, and includes paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and the residue from burning wood,
coal, coke or other combustible materials, solid market and industrial
waste.
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine or the water-carried waste from any other fixture
or equipment or machine.
Any separate room, other than a dining room, living room,
kitchen or bathroom.
That which is built or constructed or any piece of work artificially
built or composed of parts joined together in some definite manner,
the use of which requires more or less permanent location on or in
the ground. The word "structure" shall be construed as if followed
by the words "or part thereof" and shall be construed to include a
building or buildings.
Paid for, furnished or provided by or under control of the
owner or operator.
Gas service and equipment therefor, electric service and
equipment therefor and water supply, including hot water and equipment
therefor.
Not occupied by an incumbent or possessor.
See "premises."
Supply and removal of air to and from any space by natural
or mechanical means.
Enclosed space containing one or more bathtubs, showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
Enclosed space containing one or more toilets, which may
also contain one or more lavatories, urinals and other plumbing fixtures.
Deterioration, decay or damage caused by exposure to the
elements.
That such maintenance and repair shall be made in a reasonably
skillful manner.
An open unoccupied space on the same lot with a building
extending along the entire length of a street or rear or interior
lot line.
E.
Meaning of certain words. Whenever the words "accessory structure,"
"building," "dwelling," "dwelling unit" or "structure" are used in
this code, they shall be construed, unless expressly stated to the
contrary, to include the plurals of these words and as if they were
followed by the words "or any part thereof." The word "shall" shall
be applied retroactively as well as prospectively.
[Amended 3-1-1990 by Ord. No. B-5-90]
Every residential and nonresidential structure and the premises on which it is situated in the Township, used or intended to be used for dwelling, commercial, business or industrial occupancy, except those buildings defined within § 302-28 as multifamily dwellings, shall comply with the provisions of this code, whether or not such structure has been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or for the installation or repair of equipment or facilities prior to the effective date of this code. This code establishes minimum standards for the initial and continued occupancy in use of all structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the structure, equipment or facility contained therein, except as provided in § 302-30. Where there is mixed occupancy, residential or nonresidential, the use therein shall be nevertheless regulated by and subject to the provisions of this code. All such buildings which qualify as multifamily dwellings shall be regulated pursuant to Chapter 430 of the Code of the Township of Mount Olive.
In any case where the provisions of this code impose a higher
standard than set forth in any other ordinance of the Township of
Mount Olive 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 ordinance of the
Township of Mount Olive or of the laws of the State of New Jersey,
then the higher standard contained in any such other ordinance or
law shall prevail.
Nothing in this code shall be deemed to abolish or impair existing
remedies of the municipality or its officers or agencies relating
to the removal or demolition of any structures which are deemed to
be dangerous, unsafe or unsanitary.
[Amended 6-12-2012 by Ord. No. 18-2012]
A.
Enforcement authority.
(1)
It shall be the duty and responsibility of the enforcement officer
to enforce the provisions of the Property Maintenance Code with respect
to unfit structures. Any building or buildings, or parts thereof,
which have come into a state of disrepair through neglect, lack of
maintenance or use, fire, accident or other calamities, or through
any other act rendering the building or buildings, or parts thereof,
in a state of disrepair, to the extent that the building is unfit
for human habitation or occupancy or use, shall be deemed inimical
to the residents of the Township and subject to these provisions.
The enforcement officer shall have the power to:
(a)
Investigate building conditions in the Township to determine
which buildings are unfit for human habitation or occupancy or use;
(b)
Enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession;
(c)
Appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of the Property Maintenance
Code;
(d)
Delegate any of his functions and powers to such officers and
agents as he may designate; and
(e)
Administer oaths, affirmations, examine witnesses and receive
evidence in the course of conducting a hearing.
(2)
The enforcement officer and his designees shall be supplied with
official identification and, upon request, shall exhibit such identification
when entering any structure or other part of premises subject to the
Property Maintenance Code. Enforcement officers shall conduct themselves
so as to avoid intentional embarrassment or inconvenience of the occupants
and shall explain the purpose of their visit to any occupants of the
structure.
B.
Initiation of investigation. The enforcement officer(s), upon his
own initiative or upon petition of a public authority of at least
five residents of the Township charging that a building is unfit for
human habitation or occupancy or use, may commence a preliminary investigation
of the existence of such conditions. The enforcement officer may determine
that a building is unfit for human habitation or occupancy or use
if he finds:
(1)
That conditions exist in such building which are dangerous or injurious
to the health or safety of the occupants of such building, the occupants
of neighboring buildings or other residents or such municipality;
(2)
That defects in the structure may increase the hazards of fire, accident,
or other calamities;
(3)
A lack of adequate ventilation, light, or sanitary facilities;
(4)
Dilapidation, disrepair, structural defects, unsanitary conditions,
vermin infestation, rodent infestation, or uncleanliness;
(5)
That all or part of any structure (including, among others, a fence,
billboard or sign) or the equipment for the operation thereof (including,
among others, the heating plant, plumbing, electric wiring, moving
stairways, elevators and fire-extinguishing apparatus) is in an unsafe
condition, or dangerous to life, limb or property; or
(6)
A failure to comply with the requirements of the building code or
the certificate of occupancy.
C.
Issuance of complaint. If a preliminary investigation discloses that
a building or structure is unfit for human habitation, occupancy or
use, the enforcement officer shall issue and cause to be served upon
the owner of and parties in interest in such building a complaint
stating the charges as determined by the preliminary investigation.
Such complaint shall also state that a hearing will be held before
the enforcement officer (or his designated agent) at a named location
on a date and at a time specified, but no less than seven days nor
more than 30 days after the complaint has been served. The complaint
shall further advise the owner and parties in interest that either
or both of them have the right to file an answer to the complaint
and to appear in person and give testimony at the hearing, and that
the rules of evidence prevailing in the courts shall not be controlling
in hearings before the enforcement officer.
[Amended 6-12-2012 by Ord. No. 18-2012]
A.
Content of order. If the enforcement officer determines upon conclusion
of the hearing that the building under consideration is unfit for
human habitation or occupancy or use he shall make a written statement
of his findings of fact in support of such determination. He shall
thereupon issue and cause to be served upon the owner and parties
in interest an order requiring:
(1)
The repair, alteration or improvement of the building by the owner
by a date set forth in the order or, at the option of the owner, the
vacation and closure of the building within the time set forth in
the order; and
(2)
The owner to remove or demolish the building within the time period
specified in the order if the building has been found to be in such
a condition as to make it dangerous to the health and safety of persons
on or near the premises and the owner fails to repair, alter or improve
said building within the time specified in the order.
B.
Appeal from terms of order. Any person aggrieved by an order issued
by the enforcement officer under these provisions may, within 30 days
after the posting and service of such order, bring an action for injunctive
relief to restrain the enforcement officer from carrying out the provisions
of the order and for any other appropriate relief. The court may proceed
in the action in a summary manner or otherwise. The remedy provided
for herein shall be exclusive, and no person affected by an order
of the enforcement officer shall be entitled to recover any damages
for action taken pursuant to the order, or because of noncompliance
by any person with any order of the enforcement officer.
C.
Enforcement of order to repair. If the owner fails to comply with
an order to repair, alter or improve or, at the option of the owner,
to vacate and close the building, the enforcement officer shall cause
such building to be repaired, altered or improved, or to be vacated
and closed. In such case, the enforcement officer shall cause a placard
to be posted on the main entrance of the building with the following
words: "This building is unfit for human habitation or occupancy or
use; the use or occupation of this building is prohibited and unlawful."
D.
Enforcement of order to remove or demolish. If the owner fails to
comply with an order to remove or demolish the building, the enforcement
officer shall cause such building to be removed or demolished or may
contract for the removal or demolition thereof after advertisement
for, and receipt of, bids for such work.
E.
Removal of posted placard. No person shall deface or remove the placard
from any structure which has been declared as dangerous or unfit for
human habitation, occupancy or use, except upon written authority
from the enforcement officer.
F.
Vacating unfit structure. Any structure which has been declared and
placarded as dangerous or unfit for human habitation, occupancy or
use shall be vacated as required by the enforcement officer, and it
shall be unlawful for any person to occupy any structure which has
been declared or placarded as unfit for human habitation, occupancy
or use after the date set forth in the placard.
G.
Occupancy of structure. No structure which has been declared or placarded
as unfit for human habitation, occupancy or use shall again be occupied
until written approval is secured from the enforcement officer. The
enforcement officer shall remove such placard only when the defect
or defects upon which the declaration and placarding action were based
have been eliminated.
H.
Report of notice to vacate. The enforcement officer shall furnish
a copy of each order to vacate a structure to the Health Officer and
the Chief of the Fire Prevention Bureau and any other designated official
of the municipality concerned therewith.
I.
Abatement of nuisance. Notwithstanding the powers of the enforcement
officer hereunder, the Mayor and Council of the Township may by resolution
abate a nuisance, correct a defect, or put the premises in proper
condition so as to comply with the requirements of this Property Maintenance
Code or state law applicable to the premises, at the cost of the owner
or parties in interest. Municipal funds may be expended for this purpose
and charged against the premises, and the amount thereof as determined
by the Mayor and Council shall be a lien against the premises and
collectible as otherwise provided herein.
J.
Summary proceedings. Notwithstanding any other provision of this
Property Maintenance Code, if an actual and immediate danger to life
is posed by the threatened collapse of any fire-damaged or other structurally
unsafe building, the enforcement officer may, after taking such measures
as may be necessary to make such building temporarily safe, seek a
judgment in summary proceedings for the demolition thereof. Nothing
in these provisions shall be construed to impair or limit in any way
the power of the Township to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise, nor
is anything in these provisions intended to limit the authority of
the enforcing agency or construction official under the State Uniform
Construction Code Act, P.L.1975, c. 217 (N.J.S.A. 52:27D-119 et seq.)
or any rules or regulations adopted thereunder.
[Amended 6-12-2012 by Ord. No. 18-2012]
Complaints or orders issued by the enforcement officer under
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and cannot be ascertained in the exercise of reasonable diligence,
the enforcement officer shall make an affidavit to that effect. In
that case, service of the complaint or order upon such persons may
be made by publication once in a newspaper printed and published in
the Township or, in the absence of such newspaper, in one printed
and published in the county and circulating in the municipality in
which the buildings are located. A copy of each complaint or order
shall also be posted in a conspicuous place on the premises affected
by the complaint or order. A copy of such complaint or order shall
be duly recorded with the county recording officer of Morris County.
[Amended 6-12-2012 by Ord. No. 18-2012]
A.
Amount of lien. Costs incurred by the Township in enforcement of
this Property Maintenance Code and any order of the enforcement officer
shall be a municipal lien against the real property upon which such
cost was incurred, including:
(1)
The cost of repairs, alterations or improvements, or vacating and
closing, or removal or demolition of any building or structure, if
any; and
(2)
Costs for filing legal papers, expert witness fees, search fees and
advertising charges, incurred in the course of any proceeding taken
hereunder and determined in favor of the municipality; or
(3)
The amount of the balance remaining after deduction of the sum, if
any, realized from the sale of materials derived from demolition of
a building or from any contract for removal or demolition thereof.
B.
Credits against costs incurred. If a building is removed or demolished
by the enforcement officer, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
thereof, including the clearance and, if necessary, leveling of the
site, the proceeds of any sale of such materials or any sum derived
from any contract for the removal or demolition of the building.
C.
Costs to be certified to the Tax Collector. If there are no credits
against costs incurred, or if the sum total of such costs exceeds
the total of such credits, a detailed statement of the aforesaid costs
and the amount due from the property owner shall be filed with the
Tax Collector and a copy thereof shall be forwarded to the owner by
registered mail. If the total of the credits exceed such costs, the
balance remaining shall be deposited in the Superior Court by the
enforcement officer, secured in such manner as may be directed by
the court, and shall be disbursed solely according to final order
or judgment of the court to the persons found to be entitled thereto.
Any owner or party in interest may, within 30 days after the date
the lien certificate is filed, proceed in a summary manner in the
Superior Court to contest the reasonableness of the amount or the
accuracy of the costs set forth in the municipal lien certificate.
[Added 11-26-2013 by Ord. No. 29-2013]
A.
Each time that the Township, or its outside contractor, performs
maintenance on a privately owned property located within the Township
to bring that property into compliance with the Township's property
maintenance code, due to the real property owner's failure to do so,
a flat minimum fee assessment of $125 for property maintenance visits
that take one hour or less will be levied against the subject property
representing the Township's costs in performing such maintenance.
B.
For those property maintenance visits that take more than one hour,
the assessment shall be the flat fee of $125 plus an hourly rate of
$125 per hour for the additional time spent after the first hour by
the Township's, or its outside contractor's, employee(s) during the
property maintenance visit.
[Amended 9-25-1990 by Ord. No. 40-90]
Any person, firm or corporation who violates any provision of
this article shall, upon conviction thereof, be punishable by one
or more of the following: by imprisonment for a term not exceeding
90 days; or by a fine not exceeding $1,000; or by a period of community
service not exceeding 90 days.
This code shall not affect violations of any other ordinance,
code or regulations of the municipality existing prior to the effective
date hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violations were committed.
A.
Owner and operator. Owners and operators shall have all the duties
and responsibilities as described in this code and the regulations
promulgated pursuant thereto, 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.
B.
Occupant. Occupants shall have all the duties and responsibilities
as prescribed elsewhere in this code and all the regulations promulgated
pursuant thereto, 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.
C.
Contract not to alter responsibility. Unless expressly provided to
the contrary of this code, the respective obligations and responsibilities
of the owner and the operator on one hand and the occupant on the
other shall not be altered or affected by any agreement or contract
by and between any of the aforesaid or between them and other parties.
A.
Maintenance of exterior of premises. It shall be the duty and responsibility
of the owner and/or operator of premises in the Township to maintain
the exterior of such premises in accordance with the provisions hereinafter
set forth.
B.
Free of hazards and unsanitary conditions. 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 shall be kept 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 from hazards, which include but are not limited
to the following:
(1)
Rubbish: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
(2)
Natural growth: dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating condition or storm damage,
constitute a hazard to persons in the vicinity thereof. (Trees shall
be kept pruned and trimmed to prevent such conditions.)
(3)
Overhangings: loose and overhanging objects, including but not limited
to awnings and marquees 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.
(4)
Ground surface hazards and unsanitary conditions: holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow
and excretions of pets and other animals on paths, sidewalks, curbs,
driveways and other parts of the premises which are accessible to
and used by persons on the premises.
(5)
Sidewalks.
(a)
In the particular case of sidewalks (and specifically excluding
curbs), it shall be the duty and responsibility of the owner of the
property on which and along which sidewalks are located to keep such
sidewalks in a proper condition of maintenance and good repair, including
but not limited to a condition whereby such sidewalks are free of
obstruction, debris, cracks and crevices or other unsafe conditions.
If, in the judgment of the enforcement officer, any sidewalks affected
by this article shall fall into a state of disrepair as aforesaid,
then the enforcement officer shall, upon the passage of a resolution
by the Township Council, cause a notice, in writing, to be served
upon the owner of said property, requiring the necessary specified
work to said sidewalks and curbs to be done within a period of not
less than six months from the date of service of said notice. Whenever
the property so affected is unoccupied and the owner cannot be found
within the Township, the notice may be mailed to his or her post office
address, if the same can be ascertained. In case the owner is a nonresident
of the Township or his or her post office address cannot be ascertained,
then the notice may be inserted for four weeks, once a week, in a
newspaper published in the county and circulating in the Township.
In case the owner of such property shall not comply with the requirements
of such notice, the Department of Public Works, upon the filing by
the enforcement officer of a proof of service or publication of the
aforesaid notice with the Township Council, shall cause the required
work to be done and paid for out of the municipal funds available
for that purpose. The cost of such work shall be certified by the
Department of Public Works to the Tax Collector. Upon filing said
certificate, the amount of the cost of such work shall be and become
a lien upon said abutting lands in front of which such work was done
to the same extent that assessments for local improvements are liens
in such municipality under its Charter or the general law and shall
be collected in the manner provided by law for the collection of such
other assessments and shall bear interest at the same rate. In addition
thereto, the Township may have an action to recover said amount against
the owner of said lands in any court having competent jurisdiction
thereof. A certified copy of the aforesaid certificate shall, in such
action, be prima facie evidence of the existence of a debt due from
said owner to the Township.
[Amended 7-13-2004 by Ord. No. 16-2004]
(b)
The duties set forth herein with respect to sidewalks shall
not apply to sidewalks existing on the effective date of this article
for a period of five years from the effective date of this article.
(6)
Motor vehicles.
[Amended 2-27-2007 by Ord. No. 14-2007]
(a)
No inoperable motor vehicle, currently unregistered motor vehicle
or motor vehicle without a current valid license plate shall be parked,
stored, or left on any property for more than one week, unless such
vehicle is:
(b)
Parking of motor vehicles on lawns or previous areas of yards
is prohibited, except as follows:
(c)
All driveways shall be constructed with bituminous concrete
or equivalent material or stone and shall be kept in good repair and
order and free of litter and debris.
C.
Appearance of exterior of the premises or structures.
[Amended 10-2-2018 by Ord. No. 26-2018]
(1)
Landscaping.
Landscaping of all premises shall be properly maintained, with lawns,
hedges and bushes kept trimmed and from becoming overgrown and unsightly.
(2)
Storefronts.
All storefronts shall be kept in good repair, painted where required
and shall not constitute a safety hazard or nuisance. In the event
that repairs to a storefront become necessary, such repairs shall
be made with the same or similar materials used in the construction
of the storefront in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted, where required, and in good repair.
(3)
Reconstruction
of walls and sidings. All reconstruction of walls and sidings shall
be of standard quality and appearance commensurate with the character
of the properties in the same block and on both sides of the street
on which the premises front such that the materials used will not
be a kind that, by their appearance under prevailing appraisal practices
and standards, will depreciate the values of neighboring and adjoining
premises as aforesaid.
(4)
General
maintenance. The exterior of every structure or accessory structure,
including fences, roofs, gutters and car shelters, shall be maintained
in good repair, and all surfaces thereof shall be kept painted when
necessary for the purpose of preservation and appearance. The same
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint, torn canvas and/or tarps,
broken frames or other condition reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated and the adjoining properties and
the neighborhood protected from blighting influences.
D.
Structural soundness and general maintenance of buildings and accessory
structures. Every structure and accessory structure and every part
thereof shall be kept structurally sound and in a state of good repair
to avoid safety, health or fire hazards, including but not limited
to the following:
(1)
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(2)
Basements and cellars. Basements, cellars and crawl spaces of rented
or commercial buildings are to be kept free of accumulations of water
resulting from seepage. Pumps shall be required where necessary to
prevent accumulations of moisture and dampness.
(3)
Chimneys and all flue and vent attachments thereto. Chimneys and
all flue and vent attachments thereto shall be maintained structurally
sound, free from defects and so maintained as to perform capably,
at all times, the functions for which they were designed. Chimneys,
flues, gas vents or other draft-producing equipment shall provide
sufficient draft to develop the rated output and the connected equipment
shall be structurally safe, durable, smoketight and capable of withstanding
the action of flue gases.
(4)
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained to minimize
the hazard of falling, and the same shall be kept structurally sound
and in good repair and free from defects. This provision shall not
apply to exterior porches which are less than three feet in height.
E.
Weather- and watertightness.
(1)
Exterior walls, roofs, etc. Exterior walls, roofs, windows, window
frames, doors, door frames, foundations, siding and other parts of
the structure shall be so maintained as to keep water from entering
the structure and to prevent excessive drafts. Damaged materials must
be repaired or replaced promptly. Places showing signs of rot, leakage,
deterioration or corrosion are to be restored and protected against
weathering or seepage.
F.
Freedom from infestation. All parts of the premises shall be maintained
so as to prevent infestation.
(1)
Supplying of screens. Properly fitting screens in good repair shall
be supplied for each movable exterior window of each rental dwelling
unit. All such screens shall have a mesh of not less than No. 16.
G.
General sanitation and safety. All parts of the dwellings and structures
shall be kept in a clean and sanitary condition, free of nuisances
and free from health, safety and fire hazards.
H.
Accumulating refuse storage prohibited. Storage bins, rooms and habitable
areas shall not be used for accumulated garbage or refuse.
A.
Floors, interior walls and ceilings. Floors, interior walls and ceilings
of every structure used for human habitation or occupancy shall be
structurally sound and maintained in a clean and sanitary condition.
B.
Floors generally. Floors shall be considered to be structurally sound
when capable of safely bearing imposed loads and shall be maintained,
at all times, in a condition so as to be smooth, clean and free from
cracks, breaks and other hazards.
C.
Bathroom, water closet compartments and kitchen floors. Bathroom,
water closet compartments and kitchen floors shall be kept, at all
times, in a dry, clean and sanitary condition, and shower room floors
shall be kept clean and sanitary.
D.
Cellar and basement floors. The basement and cellar crawl space shall
be kept dry and ventilated. The floors of basement or cellar shall
be paved with brick, cement, tile or asphalt or with some impervious
material. The side walls and ceilings of every basement or cellar
shall be kept free from damages. The basement or cellar shall be kept
clean and free from any accumulation of filth, ashes, garbage, rubbish,
refuse, junk, soil matter, wood, paper and other matter of a combustible
or putrefactive nature.
E.
Supporting structural members. Supporting structural members are
to be kept structurally sound, free of deterioration and capable of
bearing imposed loads safely.
F.
Stairs and railings. Interior stairs of every structure shall be
structurally sound and free from defects.
It shall be the responsibility of any person owning or operating
any marina, dock, wharf or similar facility used for the storage,
maintenance or repair of any waterborne craft to keep such facility
in good repair and free of litter, debris or any hazardous conditions.
A.
Appeal procedure.
(1)
If an owner has been served with an abatement notice as provided
by this article, he shall be afforded the right to appeal the decision
of the enforcement officer to the Township Council. The owner shall
appeal by filing with the Township Clerk a notice, stating that he
appeals the issuance of a notice to abate, within 14 days after receipt
by the owner of the notice to abate.
(2)
The Township Council shall hear and decide the appeal within 30 days
after filing of the notice of appeal. The Township Council shall review
the record compiled by the enforcement officer. The record may be
supplemented on appeal by the enforcement officer and by the owner.
The Township may decide the appeal based upon written submissions,
or, if the owner requests, a hearing shall be held and the parties
may offer oral argument and/or testimony.
(3)
Upon the filing of an appeal, the enforcement officer shall refrain
from issuing a summons until the appeal is disposed of by the Township
Council.
(4)
The Township Council may reverse, affirm or modify the decision of
the enforcement officer. It shall adopt a resolution to set forth
its findings and memorialize its action.
(5)
The governing body may, by such resolution, also authorize the expenditure
of municipal funds and fix the amount thereof for the purpose of correcting
such conditions, and in such cases where the nuisance or defect falls
within a category for which there is statutory authority for the creation
of a tax lien, such expenditure shall be charged against the premises
and the amount thereof shall be a lien collectible as provided in
this article.
B.
Custodian. Whenever a resolution shall have been adopted pursuant
to the authority granted in this article, the governing body may appoint
a custodian of any such building or structure on behalf of the Township,
who may be an officer of the Township or any other person specially
designated to enter into and take charge of the premises and supervise
the abatement of the nuisance, the correction of the defect or defects
or the maintenance of the premises in a proper condition so as to
conform to the requirements of applicable ordinances and state laws
or conditions of approval received from any board or agency of the
Township. All costs and expenses of the custodian shall be charged
against the premises and collectible as provided in this article.
C.
Accounting records. The person or persons authorized to undertake
the abatement of the nuisance, the correction of the defect or defects
or the maintenance of the premises in a proper condition so as to
conform to the requirements of applicable ordinances and state laws
or conditions of approval received from any board or agency of the
Township shall keep an accurate record of the cost and expenses thereof
and, upon completion of the work, shall certify a detailed statement
of all of said costs and expenses to the governing body. The governing
body shall thereupon examine the statement and, after hearing upon
at least seven days' notice to the owner, which notice shall include
a copy of said actual statement, may adopt and confirm the same with
or without alterations and shall cause the cost to be charged against
the premises. In such cases where the costs charged fall within the
category for which there is statutory authority for the creation of
a tax lien, the amount so charged shall forthwith become a lien upon
the premises and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such premises, and such
amount shall bear interest at the same rate as taxes and shall be
collected and enforced by the same officers and in the same manner
as taxes.
D.
Appointment of receiver. In the event that the owner of a building
or structure shall violate any of the provisions of this article or
shall fail to abate a condition harmful to the health and safety of
all occupants of the building or structure and the general public
in the Township of Mount Olive after notice and opportunity to do
so, the enforcement officer may, by and with the approval of the governing
body, bring an action in the Superior Court to be appointed receiver
ex officio of the rents and income of such real property and expend
the same for the purpose of abating said conditions. Said rents and
income so collected by said receiver shall also be available for the
payment of such costs and expenses of the receivership, as may be
adjudged by the Court, and for the payment of the Township of Mount
Olive of any fines or penalties which may have been imposed on the
owner for violation of this article and which have not been paid.
E.
In the event of a first mortgage. Upon appointment, the receiver,
by and with the approval of the governing body, in all cases where
the real property in question is encumbered by a first mortgage, if
such mortgagee is a proper person and is willing to accept such appointment
as the receiver's agent to collect the rents and income from such
real property and manage the same, and in all other cases, the receiver,
by and with the approval of the governing body, may designate the
person in charge of management of such real property or some other
competent person as to the receiver's agent to collect the rents and
income from the same, which mortgagee or other person shall account
promptly to the receiver the rents and income collected; provided,
however, that, if the mortgagee or other person so designated is derelict
in collecting or accounting for such rents and income or in the management
of such real property, the receiver shall apply to the Court for the
removal of such designated mortgagee or other person, upon notice,
in writing to, him, and the Court, upon removing such designated mortgagee
or other person, in its discretion, may designate another person to
collect the rents and income from such real property and manage the
same and account to the receiver for the rents and income of such
real property as aforesaid.
The enforcement officer shall, in the month of March of each
year, review with the Fire Marshal, Health Department, Township Engineer,
Code Enforcement Officers and Township Administrator the procedure
and operation of this code and report to the Township Council on or
before April 1:
A.
Any recommended amendment, addition or modification of provisions
of this code consonant with the field experience of the personnel
charged with the enforcement.
B.
A summary of the enforcement experience, indicating number of violations
abated, number of cases processed in the Municipal Court, number of
inspections made and such other and further pertinent information
as will provide the Township Council with an annual account of progress
in securing the standards required by this code.
C.
Any further recommendation as to how the code and the procedures
and operations thereunder can be improved.
