[Amended 2-27-1973 by Ord. No. MC 2347]
A. The exterior of the premises and all structures thereon shall be
kept free of all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises, and free of
insanitary conditions, and any of the foregoing shall be promptly
removed and abated by the owner or operator in order to keep the premises
free of hazards, which include but are not limited to the following:
Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth,
garbage, trash, refuse and debris.
B. 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, shall be removed.
C. Vacant lots or lots containing untenanted buildings shall be kept
free of brush, weeds, broken glass, tree stumps, roots, obnoxious
growths, filth, garbage, trash, refuse, debris and abandoned vehicles.
The owner or operator of said lot shall erect and maintain around
the perimeter of such lot a chain link, picket or stockade fence of
a height no less than 42 inches nor more than 54 inches or a barricade
with steel beams of a height of approximately 36 inches extending
approximately 48 inches below ground. All fences shall be kept in
good repair. The fence or barrier shall not be equipped with or contain
barbed wire, spikes or any similar device.
Holes, excavations, breaks, projections, obstructions, icy conditions,
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 use by persons on the premises are considered
hazards. All such holes and excavations shall be filled and repaired,
walks and steps replaced or repaired and other conditions removed
where necessary to eliminate hazards or insanitary conditions with
reasonable dispatch upon their discovery.
Adequate runoff drains shall be provided and maintained to eliminate
any such recurrent or excessive accumulation or stormwater.
A. The exterior of every structure or accessory structure (including
fences) shall be maintained in good repair and all surfaces thereof
shall be kept painted or whitewashed where necessary for the purposes
of preservation and appearance. The same shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other condition reflective of deterioration, including
TV antennas (height supporting structures) and replacement if deformed
by wind, etc., or of 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.
B. The exterior of the premises 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 the neighborhood or such higher standards as
may be adopted as part of a plan of urban renewal by the Town, and
such that the appearance of the premises and structure shall not constitute
a blighting factor for adjoining property owners nor an element leading
to the progressive deterioration and downgrading of the neighborhood
with the accompanying diminution of property values.
Premises shall be kept landscaped, and lawns, hedges and bushes
shall be kept trimmed and free from becoming overgrown and unsightly
where exposed to public view and where the same constitute a blighting
factor depreciating adjoining property.
All permanent signs and billboards exposed to the public view
permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs which have excessively
weathered or faded or those upon which the paint has excessively peeled
or cracked shall, with their supporting members, be removed forthwith
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
[Amended 8-12-1980 by Ord. No. MC 2611]
A. All windows exposed to public view shall be kept clean and free of
marks or foreign substances except when necessary in the course of
changing displays. No storage of materials, stock or inventory shall
be permitted in window display areas ordinarily exposed to public
view unless such areas are first screened from the public view by
drapes, venetian blinds or other permanent rendering of windows opaque
to the public view. All screening of interiors shall be maintained
in an attractive manner and in a good state of repair.
B. Whenever the owner of any structure finds it necessary to replace
temporarily a display window and to cover the space formerly occupied
by the same with plywood or other opaque material, and if the time
required for replacement of such window shall exceed seven days, then
it shall be the obligation of the owner to paint or have painted the
plywood or other opaque material with a durable paint of a color which
shall blend with or match the color of the walls surrounding such
window.
C. Whenever the owner of any structure eliminates permanently the use
of one or more display windows of the structure, the owner shall not
cover the space formerly occupied by the window with plywood or other
opaque material but instead shall fill said space by permanent construction
so that said space blends with the exterior walls adjacent thereto.
D. For the purposes of Subsection
C of this section, elimination of the use of a display window for a period exceeding 30 days shall be deemed to be permanent elimination.
E. The owner shall obtain a building permit from the Building Department for any construction performed in accordance with Subsection
C of this section.
A. All storefronts shall be kept in good repair, painted where required
and shall not constitute a safety hazard or nuisance. In the event
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.
B. Security gates. The provisions of this section shall be applicable
to nonresidential, commercial and industrial premises, properties
and structures.
[Added 4-11-1989 by Ord.
No. MC 2885]
(1) From and after the effective date of this subsection, the construction
or installation or replacement of any security gate or cover extending
over or across a front window or door of a nonresidential, commercial
or industrial premises, property or structure shall be of a grate-
or lattice-type, with a minimum of 25% of the gate area being see-through
composition. All gates and accompanying hardware shall be of suitable
materials and maintained in a state of good repair.
(2) From and after the effective date of this subsection, it shall be
unlawful to construct or install a roll-up security gate over or across
the front door or windows of any nonresidential, commercial or industrial
premises, property or structure.
(3) From and after the effective date of this subsection, it shall be unlawful to construct or install security gates as provided in Subsection
B(1) and
(2) above unless a permit is obtained by the property owner or lessee or contractor from the Municipal Construction Code Official.
[Added 5-23-1989 by Ord.
No. MC 2886]
(a)
The applicant for the permit shall submit proper specifications
of the size, make, model, location and details required by said Municipal
Official.
(b)
The fee charged by the municipality for said security gate permit
shall be $50.
[Amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord.
No. MC 3413]
(4) The failure to install an approved security gate or door as required by this Subsection
B shall constitute a violation punishable as set forth in §
460-64, Violations and penalties; schedule of fines. The failure to comply with the provisions of this Subsection
B shall constitute a daily violation.
A. Except for "for rent" signs, any temporary sign or other paper advertising
material glued or otherwise attached to a window or windows or otherwise
exposed to public view shall be removed either at the expiration of
the event or sale for which it is used or within 60 days after erection,
whichever shall occur sooner.
B. Except during the course of repairs or alterations, no more than
33 1/3% of the square footage of any single window or single
window display area shall be devoted to signs or other temporary advertising
material attached to such window or windows or otherwise exposed to
public view.
Any awning or marquee and its accompanying structural member
which extends over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall not constitute a nuisance
or a safety hazard. In the event such awnings or marquees are not
properly maintained in accordance with the foregoing, they shall,
together with their supporting members, be removed forthwith. In the
event such awnings or marquees are made of cloth, plastic or of similar
materials, such 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.
Every structure shall be so maintained as to be weather- and
watertight.
A. 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 and seepage.
B. The exterior of every structure or accessory structure (including
fences, signs and storefronts) shall be maintained in good repair
and all surfaces thereof shall be kept painted or whitewashed where
necessary for purposes of preservation and appearance. All surfaces
shall be maintained free of broken glass, loose, shingles, crumbling
stone or brick, excessive peeling paint 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 adjoining
properties and the neighborhood protected from blighting influence.
Foundation walls shall be kept structurally sound, free from
defects, cracks and damage and capable of bearing imposed loads safely.
Chimneys and all flue and vent attachments, all to be a permanent
part of the building or home, shall be maintained structurally sound,
free from defects and so maintained as to capably perform at all times
the functions for which they were designed. Chimneys, flues, gas vents
and other draft-producing equipment shall provide sufficient draft
to develop the rated output of the connected equipment and shall be
structurally safe, durable, smoketight and capable of withstanding
the action of the flue gases.
Exterior porches, landings, balconies, stairs and fire escapes
shall be provided with bannisters 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.
Basements, cellar and crawl spaces are to be free of moisture
resulting from seepage, and cross-ventilation shall be required to
prevent accumulations of moisture and dampness.
All parts of the building shall be kept in a clean and sanitary
condition, free from nuisance and free from health, safety and fire
hazards.
[Added 3-25-2024 by Ord. No. MC 3860]
A. The
use of lead-based paint or presence of lead-based paint hazards is
hereby prohibited in the Township of Irvington. Any person responsible
for applying lead-based paint or whose property contains lead-based
paint hazards shall be subject to a fine and remediation of the condition.
B. When
it has been determined that expedited (within three business days)
a child has an elevated blood lead level, the child's primary address,
secondary address, previous primary address, and relocation address
shall be inspected by a Lead Inspector/Risk Assessor assigned by the
Township of Irvington to conduct an environmental intervention. The
environmental intervention includes a hazard assessment and inspection
of the dwelling and common areas during which the Lead Inspector/Risk
Inspector may determine the presence of lead hazards, including lead-based
paint, lead dust and lead soil hazards. A lead-based hazard shall
be determined by testing the location and the presence of elevated
blood lead levels in children.
C. The
property owner shall ensure that access to the property is provided
to the Township of Irvington Lead Inspector/Risk Assessor for the
purpose of conducting an environmental intervention.
D. When
any lead hazard exists, the Lead Inspector/Risk Assessor shall order
the property owner, or owner's agent, to be responsible for the abatement
of all lead hazards.
(1) The property owner is responsible for all costs associated with the
abatement of lead hazards, the relocation of tenants, the protection
of tenant belongings, and prohibition of tenant access to the lead
hazards.
(2) The owner, or the owner's agent, if the owner cannot be contacted,
of a property found to have lead hazards in violation of this section
shall be responsible for performing, or arranging for, abatement and/or
interim controls of the lead hazards, and the expenses associated
therewith, including removal of the hazards, disposal of waste products,
protection or relocation of dwelling occupants, if required, and ongoing
maintenance of any remaining lead-based paint.
(3) In cases where a lead hazard condition poses an immediate risk of
continuing exposure for children, the property owner shall relocate
occupants immediately (within 24 hours) upon receipt of the determination
made by the local board of health to comparable lead-safe housing
until the completion of abatement and/or interim controls work.
(a) In cases where a lead hazard condition poses an immediate risk of
continuing exposure for children, and the housing unit is a rental,
the requirements set forth at N.J.S.A. 52:27D-437.8 for relocation
determination and assistance shall apply.
(4) If the property owner fails to perform any of these responsibilities,
the local board of health shall perform, or arrange for the performance
of, the required activities and shall, after notice of intent and
a five-day period to cure, bill the property owner for the expenses
incurred in abating the conditions.
E. The
property owner shall comply with the following owner's responsibilities
and respective compliance criteria:
Owner's Responsibility
|
Compliance Criteria
|
---|
Submission of scope of work to the local board of health
|
Within 30 days from the date of notice of violation identifying
the lead hazards
|
Secure financial resources
|
Within 45 days from the date of notice of violation identifying
the lead hazards
|
Perform clearance testing
|
From an independent certified risk assessor no sooner than one
hour after the final cleaning is completed, pursuant to N.J.A.C. 5:17-9.1(a),
and within 30 calendar days from the final cleaning pursuant to N.J.A.C.
5:17-8.2(a)
|
Abatement of lead hazards
|
Within 60 days from the date of notice of violation pursuant
to N.J.A.C. 5:17
|
(1) The owner of the property is not responsible for the abatement and/or
interim controls of nonpaint lead hazards that are not normally under
the control of the owner, such as hazards created by the personal
effects or practices of tenants of the property.
(2) The property owner is responsible for the abatement and/or interim
controls of nonpaint hazards that are under his or her control, including,
but not limited to, lead solder in plumbing.
F. Any
person who violates any provision of this section or who refuses to
comply with an order or a directive of the Township of Irvington shall
be liable for penalties set forth by the Township of Irvington as
a fine of $5,000 for each offense. For every day the offense is not
abated, an additional fine of $250 per day shall be assessed.
G. Failure to pay costs associated with abating any conditions (lead related) within the calendar year in which it is performed shall result in a lien via special charge outlined in §
460-61.
All parts of the premises shall be maintained so as to prevent
infestation and sources of infestation.
[Amended 2-15-2017 by Ord. No. MC 3598]
Freedom from accumulation of and from obstruction by garbage,
refuse or rubbish shall be required on common stairways, areaways,
fire escapes, balconies, porches, hallways, basements, cellars, roofs
and on the exterior of the property, including front, side and rear
yards.
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, free from cracks, breaks
and other hazards.
Washrooms and water closet compartment floors shall be surfaced
with water-resistant material and shall be kept dry, clean and in
a sanitary condition at all times. Food preparation areas in retail
stores and eating establishments shall have walls and floors of water-resistant
and easily cleaned materials.
Floors of basements and cellars shall be paved with stone or
concrete not less than four inches thick and shall be maintained at
all times in a condition as to be smooth, clean, free from cracks,
breaks and other hazards and free from water seepage.
Supporting structural members are to be kept structurally sound,
free of deterioration and capable of bearing imposed loads safely.
Walls and ceilings shall be considered to be in good repair
when clean, free from cracks, breaks, loose plaster and similar conditions.
Walls shall be provided with paint, paper, sealing material or other
protective covering so that such walls and ceilings shall be kept
clean, free from visible foreign matter, sanitary and well maintained
at all times.
The owner or operator shall have the duty and responsibility
of removing garbage.
[Amended 10-14-2015 by Ord. No. MC 3553]
Storage bins, rooms and areas shall not be used for accumulated
garbage or refuse. Flammable or combustible liquids or other materials
may not be stored on the premises unless they are of a type approved
for storage by the regulations of the Public Safety Department and
then only in such quantities and in such fireproof storage containers
as may be prescribed by the regulations.
A. Every washroom and water closet compartment shall be provided with
permanently installed artificial lighting. Fixtures with a switch
and wall plate shall be so located and maintained that there is no
danger of short-circuiting from water from washroom facilities or
from splashing of water.
B. Maximum fuse sizes consistent with safety shall be posted conspicuously
on the inside cover of all fuse boxes and no fuse shall be installed
therein in excess of the stated maximum, except that owners shall
not be responsible for violations of fuse installations without their
knowledge where the correct maximum is stated and the fuse box is
located within any part of the premises which is in the exclusive
possession of occupants other than the owner.
[Added 10-10-1990 by Ord.
No. MC 2910]
A. All real estate properties, including residential, commercial and/or
industrial, heretofore or hereafter erected within the Township of
Irvington shall have affixed the street number of the real property
upon the front of said building or over the front entrance or on the
side thereof or at the gateway leading to the front entrance or on
the side thereof, so that said street number shall be visible to persons
at the street curb without obstructions, and said numbers shall be
of a size not less than three inches.
B. In all cases where the number is or shall hereafter be affixed to
the real property, it shall be the duty of the owner of the property
to apply and obtain from the Township's Tax Assessor a verification
of the correct street number of the property lot as indicated on the
Official Tax Map of the municipality. It shall be the duty of the
owner or occupant of the property to comply with the provisions of
this section within 90 days after the adoption of this section or
within 30 days after receiving a notice by ordinary mail from the
Building Division of the Township of Irvington.
C. Failure to comply with the provisions or requirements of this section
shall subject the owner to the penalties provided by the provisions
of the Irvington Township Code, or the municipality may affix street
numbers on said real estate and charge the costs for the same to the
owner as an additional cost on the next tax bill issued for said real
estate.