This chapter shall be known as the "Property Maintenance Code
of the Borough of Somerdale" and may be referred to in this chapter
as "this code."
It is hereby found and declared that there exist in the Borough
of Somerdale structures used for residential and nonresidential use
which are or may become in the future substandard with respect to
structure, equipment or maintenance or, further, that such conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior premises, infestation, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards and unsanitary conditions, constitute a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the Borough of Somerdale. 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 code is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the
maintenance, appearance and condition 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 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, maintenance and abatement of nuisances
of premises by the Borough of Somerdale. This code is hereby declared
to be remedial and essential or the public interest, and it is intended
that this code be liberally construed to effectuate the purposes as
stated herein.
A.
Word usage.
(1)
Whenever the words "accessory structure," "building," "dwelling,"
"premises" 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."
(2)
The word "shall" shall be applied retroactively as well as prospectively.
B.
ACCESSORY STRUCTURE
BASEMENT or CELLAR
BUILDING
DETERIORATION
DWELLING
ENFORCEMENT OFFICERS
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
FIRE HAZARD
GARBAGE
INFESTATION
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
REGISTERED MAIL
RUBBISH
STRUCTURE
VENTILATION
WEATHERING
The following terms, whenever used herein or referred to in this
code, shall have the respective meanings assigned to them, unless
a different meaning clearly appears from the context:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
Any floor, any portion of which is more than 24 inches below
the adjacent grade level.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
The condition or appearance of a building 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 or the like.
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant, except that the foregoing
shall not apply to hotels as defined in N.J.S.A. 29:1-11.
All officials, officers or employees entrusted with the enforcement
of the provisions of this code.
Any premises or any part thereof or any building or any part
thereof which my be lawfully viewed by the public or any members thereof
from a sidewalk, street, alleyway, licensed open-air parking lot or
from any adjoining or neighboring premises.
Those portions of a building which are exposed to the public
view and the open space of any premises outside of any building erected
thereon.
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than 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. (See also "nuisance.")
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any public 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 Somerdale.
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, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation such as poison
ivy, oak or sumac, all of which may prove a hazard for inquisitive
minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of Borough ordinances.
Unsanitary conditions or anything offensive to the senses or
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, occupying or having actual possession
of a premises or a part thereof.
Any person who has charge, care or control of a premises
or a part thereof, whether with or without the knowledge and consent
of the owner.
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
of control of any dwelling or dwelling unit 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 dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and/or assigned by said lessee.
A lot, plot or parcel of land, including the buildings or
structures thereon.
All putrscible and notputrescible 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.")
Registered mail or certified mail.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, grease, bedding, crockery and
similar materials. (See also "garbage" and "rubbish.")
A combination of any materials, whether fixed or portable,
forming a construction, including buildings.
Supply and removal of air to and from any space by natural
or mechanical means.
Deterioration, decay or damage caused by exposure to the
elements.
This chapter shall be applicable to all buildings, every residential and nonresidential building and the premises on which it is situated in the Borough, used or intended to be used for dwelling, commercial, business or industrial occupancy, which buildings shall comply with the provisions of this code, whether or not such buildings shall have 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 buildings or for the installation or repair of equipment or facilities prior to January 1, 1989. This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the buildings, equipment or facilities contained therein, except as provided in § 197-6.
In any case where the provisions of this code impose a higher
standard than set forth in any other ordinances of the Borough 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 or of the
laws of the State of New Jersey, then the higher standard contained
in any such ordinance or law shall prevail.
A.
Issuance and renewal of other permits and licenses. After July 1,
1989, all licenses and permits shall be issued upon compliance with
this code as well as compliance with the ordinances under which such
licenses and permits are granted.
B.
Enforcement of and compliance with other ordinances. No license or
permit or other certification of compliance with this code shall constitute
a defense against any violation of any other ordinance of the Borough
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 from enforcing any
such other provision.
