A.
Owners and operators shall have all the duties and responsibilities
as prescribed 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.
Occupants shall have all the duties and responsibilities as prescribed in § 197-10 and all the regulations promulgated 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.
Unless expressly provided to the contrary in this code, the respective
obligations and responsibilities of the owner and operator on one
hand and the occupant on the other shall not be altered or affected
by an agreement or contract by and between any of the aforesaid or
between them and other parties.
A.
Maintenance of exterior of premises free of hazards and unsanitary
conditions.
(1)
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.
(2)
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 enumerations
and provisions in the following subsections:
(a)
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious
growth, filth, garbage, trash, refuse and debris.
(b)
Natural growth: 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 thereof.
Trees shall be kept pruned and trimmed to prevent such conditions.
(c)
Overhangings: 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 thereof. Further, all
vegetative growth which is or would normally grow to a height greater
than 18 inches shall not be permitted by the owner or operator on
the premises to be planted within 18 inches or to grow within six
inches of an imaginary line extending vertically for 78 inches from
the border of any paved sidewalk or, where there is no sidewalk, from
the street, nor shall such growth be permitted to grow over such sidewalk
or street within an area of 78 inches as measured vertically from
the surface of such sidewalk or street.
(d)
Ground surface hazards or unsanitary conditions: holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow
or 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 replaced
and other conditions removed where necessary to eliminate hazards
or unsanitary conditions with reasonable dispatch upon their discovery.
(e)
Recurring accumulations of stormwater. Adequate runoff drains
shall be provided and maintained in accordance with the ordinances
of the Borough of Somerdale to eliminate any such recurrent or excessive
accumulation of stormwater.
(f)
Sources of infestation. Every owner and operator shall be responsible
for the elimination of infestation in and on the premises subject
to his control.
(g)
Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing imposed
loads safely.
(h)
Chimneys and all flue and vent attachments. Chimneys and all
flue and vent attachments thereto shall be maintained structurally
sound and free from defects and so maintained as to capably perform,
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 to the connected equipment
and shall be structurally safe, durable, smoketight and capable of
withstanding the action of flue gases.
(i)
Exterior raised porches, landings, balconies, stairs and fire
escapes. Exterior raised 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, in good repair and free from
defects.
(j)
Appearance of exterior of premises and structures. The exterior
of the premises, the exterior structures and the condition of accessory
structures shall be maintained so that the appearance of the premises
and all buildings thereon shall reflect a level of maintenance in
keeping with the standards of that particular area and such that the
appearance of that premises and structures shall not constitute a
depressing factor for adjoining property owners nor an element leading
to the progressive deterioration and downgrading of the particular
area with the accompanying diminution of property values.
(k)
Storage of commercial and industrial material. There shall not be stored or used, at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under the Zoning Ordinance (see Chapter 162, Land Use and Development) for the premises.
(l)
Landscaping. The landscaping of premises shall be maintained
in an orderly state with lawns and bushes trimmed and free from becoming
overgrown, littered and unsightly where such would constitute a blighting
effect depreciating any adjoining and nearby property. Grass shall
be no more than eight inches above the ground. Open areas shall be
graded evenly to eliminate holes, depressions, gullies, mounds, accumulations
of debris or other unsightly or unsafe conditions.
(m)
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 of a kind that, by their appearance under prevailing
appraisal practices and standards, will depreciate the value of neighboring
and adjoining premises as aforesaid.
(n)
General maintenance of all structures and accessory structures.
The exterior of every structure or accessory structure, including
fences and windows, shall be maintained in good repair, and all surfaces
thereof shall be kept painted or whitewashed where necessary for purposes
of preservation and appearance. The same shall be maintained free
of broken glass, lose shingles, crumbling stone or brick, excessive
peeling paint or other conditions reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated and adjoining properties and the
neighborhood protected from blighting influences.
(o)
Parking. No person shall park, stop or stand any motor vehicle or permit or suffer the same to be done in any yard area of any premises, except on driveways and parking areas constructed and maintained in accordance with the provisions of the Zoning and Planning Ordinances of the Borough of Somerdale (see Chapter 162, Land Use and Development). Such approved parking areas and surfaces shall consist of concrete, pavement, asphalt, or tightly packed stone. Trailers or utility vehicles (vehicles without motors): only two maximum per dwelling. Such utility vehicles must be stored in side or rear yards. Open parking or storage of a camper or recreational trailer, any trailer whatsoever or a boat on any street, highway or public place within the Borough is prohibited.
[Amended 10-12-2022 by Ord. No. 2022:12]
(p)
Awnings and marquees and signs. Any awning, marquee or sign
and its accompanying structural members which extend over any street,
sidewalk or other portion of the premises shall be maintained in good
repair and shall not constitute a nuisance or safety hazard. In the
event that such awnings, marquees and signs are not properly maintained
in accordance with the foregoing, they shall, together with their
supporting members, be removed forthwith. In the event that awnings,
marquees and signs are made of cloth, plastic or of similar materials,
the cloth or plastic, where exposed to public view, shall be maintained
in good condition and shall not show evidence of excessive weathering,
discoloration, ripping, tearing or other holes. Nothing herein shall
be construed to authorize any encroachment on streets, sidewalks or
other parts of the public domain.
(q)
Structural soundness and general maintenance, exterior. 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.
(r)
Exterior walls, sidings and roofs. Exterior walls, sidings and
roofs shall be kept structurally sound, in good repair and free from
defects.
(s)
Painting and other protective coating. All exposed surfaces
susceptible to decay shall be kept at all times painted or otherwise
provided with a protective coating sufficient to prevent deterioration.
(t)
Weather- and watertightness. Every structure shall be so maintained
as to be weather- and watertight.
(u)
Exterior walls, roofs, etc. Exterior walls, roofs, windows,
window frames, doors, door frames, foundations 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.
(v)
Basements and cellars. Basements, cellars and crawl spaces are
to be free of moisture resulting from seepage, and cross-ventilation
shall be required where necessary to prevent accumulations of moisture
and dampness.
(w)
Freedom from infestation. All parts of the premises shall be
maintained so as to prevent infestation.
(x)
General sanitation or safety. All parts of the structure shall
be kept in a clean and sanitary condition, free of nuisances and free
from health, safety and fire hazards.
(y)
Freedom from accumulations and obstructions. No accumulations
or obstructions from garbage, refuse or rubbish shall be permitted
in stairways, areaways, balconies, porches, hallways, basements or
cellars, except that garbage stored in proper containers may be set
out for removal.
A.
Cleanliness and sanitation. All parts of the premises under the control
of the occupant or operator 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 and 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.
B.
Landscaping.
(1)
The landscaping of premises shall be maintained in an orderly state
with lawns and bushes trimmed and free from becoming overgrown, littered
and unsightly where such would constitute a blighting effect depreciating
adjoining and nearby property. Grass shall be no more than eight inches
above the ground.
(2)
Open areas shall be graded evenly to eliminate holes, depressions
gullies, mounds, accumulations of debris or other unsightly or unsafe
conditions.
(3)
To this end, the owner or occupant of the premises, where appropriate,
shall reseed, sod, plant another vegetative covering or otherwise
utilize a landscaping material as necessary to preclude yard areas
of more than six square feet from deteriorating to or existing in
a barren condition.
C.
Ground surface hazards, unsanitary conditions, unregistered motor
vehicles and/or vehicles without current license plates; utility vehicles.
(1)
It shall be the duty of the occupant to keep the premises free of
holes, excavations, uncleared snow and excretions of pets and other
animals on paths, walks, driveways, parking lots and parking area
and other parts of the premises. All such holes and excavations shall
be filled and repaired and other conditions removed where necessary
to eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery.
(2)
It shall also be the duty of the occupant to remove any motor vehicle
which is unregistered and/or without current license tags or plates
from the premises, unless the same is properly stored in a closed
garage. Trailers and utility vehicles (vehicles without motors): only
two maximum per dwelling. Such utility vehicles must be stored in
side or rear yards. Open parking or storage of a camper or recreational
trailer any trailer whatsoever or a boat on any street, highway or
public place within the Borough is prohibited. In the case of nonresidential
premises, such motor vehicle is being currently being serviced or
repaired by a garageman in order to meet inspection requirements of
the Division of Motor Vehicles of the State of New Jersey.
[Amended 10-12-2022 by Ord. No. 2022:12]
(3)
No person shall park or permit to be parked any motor vehicle on
any street or public or private property in the Borough for a period
of more than 72 hours, unless such motor vehicles is operable and
in condition for safe and effective performance of the function for
which it is intended.
D.
Eliminating infestation. Every occupant of a premises shall be responsible
for the elimination of infestation in the premises and on the premises.
E.
Malicious damage. Every occupant of a premises shall be responsible
for willfully or maliciously causing damage to any part of the premises.
A.
In general. No person shall accumulate, or permit, suffer or allow
the accumulation, in any premises owned, operated, occupied or controlled
by him, of any refuse, garbage, rubbish and waste material for a time
longer than the period from one collection day to the next ensuing
collection day. Such refuse, garbage, rubbish or waste material shall
either be removed by the Borough in accordance with regulations made
and provided or by an authorized collector.
B.
Nonresidential premises.
(1)
Every owner, operator and occupant of any nonresidential premises
shall be responsible for providing suitable containers consisting
of waterproof receptacles, cans or barrels made of a substantial material,
such as galvanized iron, with a tight-fitting cover so constructed
as to prevent spillage or leakage of its contents, which, when full,
shall not weigh over 65 pounds, unless the container is to be mechanically
raised, for the receiving and holding of garbage, rubbish, refuse
or waste materials.
(2)
Every owner, operator and occupant of nonresidential premises shall be responsible for providing containers, as described in Subsection B(1), sufficient in number to hold all garbage, rubbish, refuse and waste material in the manner prescribed from one collection period to the next actual collection. Garbage, rubbish, refuse and waste materials shall be placed in the containers aforesaid prior to the time fixed for collections.
(3)
Every owner, operator and occupant of nonresidential premises shall
be responsible for making necessary arrangements for weekly collection
of garbage, rubbish, refuse and waste materials between the hours
of 6:00 a.m. and 3:00 p.m., prevailing time only.
C.
Residential premises.
(1)
Every owner or operator of residential premises shall be responsible for providing suitable containers consisting of waterproof receptacles, cans or barrels made of a substantial material, such as galvanized iron, with a tight-fitting cover so constructed as to prevent spillage or leakage of its contents, which, when full, shall not weigh more than 30 pounds, for the receiving and holding of garbage, rubbish, refuse and waste materials subject to provisions of Subsection C(4).
(2)
Every owner, operator and occupant of residential premises shall be responsible for providing containers as descried in Subsection C(1) sufficient in number to hold all garbage, rubbish, refuse and waste material in the manner prescribed from one collection to the next actual collection. Such garbage, rubbish, refuse and waste material shall be placed in the containers aforesaid prior to the time fixed for collection.
(3)
Every owner, operator and occupant of residential premises shall
place the containers aforementioned one or two feet behind the curb
in front of the premises, no earlier than 8:00 p.m., prevailing time,
of the day preceding the nearest collection day.
(4)
Discarded newspapers, magazines and the like may be placed in securely
tied bundles in close proximity to the location of the containers
aforesaid for collection. Bulky items comprised of waste materials
classified as garbage, paper, rubbish or ashes must be disassembled
by the owner, operator and occupant of premises into not more than
three-foot lengths, tied securely and placed in close proximity to
the containers aforesaid for collection.
[Added 10-12-2022 by Ord. No. 2022:11]
A.
PORTABLE STORAGE UNIT
SITE or PROPERTY
USER
Definitions. For the purpose of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
Any container designed for the outdoor storage of personal
property, including a POD or similar storage container, which is typically
rented to owners or occupants of property for their temporary use
and which is delivered and removed by vehicle.
A piece, parcel, tract, or plot of land occupied or that
may be occupied, by one or more buildings or uses and their accessory
buildings and accessory uses which is generally considered to be one
unified parcel.
The owner or occupant of property entering into an agreement
with a portable storage unit company or other person or entity for
the placement of a portable storage unit on a site located in the
Borough of Somerdale.
B.
Placement.
(1)
No portable storage unit shall be placed or maintained by any
private person or entity in or on any Somerdale Borough property,
street or right-of-way without a valid permit issued by the Nuisance/Property
Maintenance Officer in accordance with the requirements of this chapter
of the Somerdale Borough Code applicable to roll-off containers and
dumpsters.
(2)
No portable storage unit shall be placed or maintained on any
private property unless it complies with one or more of the following
provisions:
(a)
Such containers may be placed or maintained on a driveway or
other suitably paved area at the furthest accessible point from the
street for purposes of packing or unpacking goods and materials of
the owner or occupant of the property in preparation for or subsequent
to moving into or out of the property for a period of not more than
30 consecutive days.
(3)
Such containers may be placed or maintained on a driveway or
other suitably paved area at the furthest accessible point from the
street for purposes of storing the personal property of the owner
or occupant of the property when necessary during renovation or rehabilitation
of the structure located on the property in which the personal property
would otherwise be located during the period of renovation or rehabilitation,
but in no event more than a total of 30 consecutive days.
C.
Permits required. Prior to the placement of a portable storage unit
on any private property (not covered by a duly approved site plan),
the owner of the property using the portable storage unit or the person
contracting for the use of such portable storage unit shall apply
for and receive a permit from the Borough in accordance with the requirements
and standards set forth herein.
(1)
Application for a permit shall be made to the Somerdale Code
Enforcement Officer on a form provided by the Borough of Somerdale.
The application shall require, among other things, the full name,
address and other contact information for the owner of the portable
storage unit, the owner of the property with which the use of the
portable storage unit is associated, and the person contracting for
the use of the portable storage unit (if such person is not the owner
of the property for which the portable storage unit is to be used).
Every application for a permit shall be accompanied by a permit fee
as per the Borough Fee Schedule.[1]
[1]
Editor's Note: The most current fee schedule is on file
in the Borough Clerk's office.
(2)
Any portable storage unit placed on private property shall be
placed on a suitable base to assure stability. If, in the opinion
of the Somerdale Police Department or the Somerdale Code Enforcement
Officer, the location is sufficiently close to a vehicular intersection
or pedestrian path, the permit may require that the unit be equipped
with appropriate reflectors or other safety markings so that the unit
will not constitute a hazard to traffic or pedestrians. The specific
number, location and type of markings shall be determined by the Somerdale
Borough Code Enforcement Officer and noted on the permit at the time
of its issuance or at any time thereafter.
(3)
Any permit issued for placement of a portable storage unit on
private property shall be valid for a period of 30 days.
(4)
Upon a showing of continued need for the portable storage unit
(such as during the course of major construction projects), the Somerdale
Code Enforcement Officer may renew a permit for up to two additional
periods, not to exceed 30 days each, upon the filing of an application
for renewal and payment of a fee as per the Borough Fee Schedule for
each renewal.
(5)
An application for an additional extension beyond the time periods specified in Subsection C(4) may be made to the Somerdale Code Enforcement or his designee on a form provided by the Borough of Somerdale. The application shall contain complete identifying information regarding the portable storage unit, the permit number, the time the portable storage unit has been at the site, and the reason for its use. The application for an additional extension shall be accompanied by a fee as per the Borough Fee Schedule.
(a)
The application shall be reviewed and a determination made as
to whether an additional extension should be granted, and the duration
of that extension, within five business days of the filing of a complete
application.
(b)
In considering the application, the Somerdale Code Enforcement
Officer or his designee shall consider the following:
[1]
The length of time the portable storage unit has
been in place;
[2]
The particular use of the portable storage unit;
[3]
The reasonableness of the time required to complete
that purpose in light of all attendant circumstances;
[4]
The location of the portable storage unit;
[5]
The visual impact, nature of the neighborhood,
and similar issues;
[6]
Whether noise, litter or other quality of life
issues have been associated with the use of the portable storage unit;
[7]
Whether the delay in completing the work or project
for which the portable storage unit is necessary is beyond the reasonable
control of the owner of the property;
[8]
The additional time reasonably necessary to complete
the work or project; and
[9]
Such other factors deemed reasonable and appropriate
wider the circumstances.
D.
General restrictions and requirements.
(1)
No more than one portable storage unit may be placed on any
property at one time and no more than one permit may be issued for
any property, including any renewals of said permit, during a twelve-month
period.
(2)
No hazardous material or organic waste shall be placed in a
portable storage unit.
(3)
No portable storage unit shall be used for the storage of construction
debris, business inventory, commercial goods, or any personal property
which is not owned by the owner or occupant of the property where
the unit is located. Upon reasonable notice to the permit holder,
the Somerdale Borough may inspect the contents of any portable storage
unit for compliance with this chapter.
(4)
The owner of the portable storage unit and the owner of the
site on which the unit is located shall be jointly responsible to
ensure that the portable storage unit is in good condition, free from
evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks.
(5)
A portable storage unit shall be no larger than 130 square feet
in area and no higher than 10 feet above grade.
E.
Responsibility for compliance. The person contracting for the use
of a portable storage unit and the owner of the property associated
with its use shall be jointly responsible for compliance with the
provisions of this chapter. Copies of the penalty provisions of this
chapter shall be appended to the permit and shall be mailed with a
copy of the permit to the owner of the portable storage unit, the
property owner, and any other interested party.
F.
Violations and penalties. It shall be unlawful for a portable storage
unit to remain on any property in excess of the time period set forth
in the permit issued by the Borough of Somerdale. Each day a portable
storage unit remains on a property in violation of the provisions
of this chapter shall be considered a separate violation subject to
the penalties. Any person who violates any provision of this article
shall, upon conviction thereof, be subject to any combination of the
following:
