This chapter shall be known as the "Property Maintenance Code
of the City of Rahway" and may be referred to in this chapter as "the
Code."
A.
It is hereby found and declared that there are located within the
City buildings used for residential, commercial, industrial or storage
purposes which have become or are becoming substandard with respect
to structure, equipment, maintenance, occupancy, sanitation or use.
It is further declared that such conditions, which include, but are
not limited to, lack of maintenance of exterior or interior of premises,
faulty design, construction or installations, lack of proper sanitary
facilities, fire or accident hazards, unsanitary conditions, infestation
or overcrowding, have made these buildings either unfit for occupancy
or use or so deteriorated, dilapidated, dangerous, unsanitary, neglected
or over-occupied as to jeopardize or to be detrimental to the health,
morals, safety or welfare of the people of the City.
B.
It is further found and declared that among other reasons, because
of lack of maintenance and progressive deterioration, certain properties
have become blighted and have had the further effect of causing blighting
conditions within the City that have necessitated an excessive and
disproportionate expenditure of public funds for health, fire protection,
public safety, welfare and other public services. However, it is further
found and declared that through appropriate regulations and restrictions
as herein contained, the growth of blight and blighting conditions
can be curbed or prevented and neighborhood and property values thereby
maintained, the appearance and amenities of properties and neighborhoods
can be enhanced, and the public health, safety and welfare protected
and fostered.
A.
The purposes of this Code are to: protect the public health, safety,
morals and welfare and to eliminate and to prevent the spread of property
and neighborhood deterioration and blight by establishing minimum
standards governing the maintenance, appearance, condition and occupancy
of residential, commercial, industrial and storage premises; establish
minimum standards governing utilities, facilities, physical components,
and conditions in such residential, commercial, industrial and storage
buildings essential to make the same fit for occupancy or use; fix
certain responsibilities and duties upon owners and operators and
distinct and separate responsibilities and duties upon occupants;
authorize and establish procedures for the inspection of premises;
and for the general administration and enforcement of this Code to:
provide for the vacation or repair or demolition of premises unfit
for occupancy or use; provide for the right of access across adjoining
premises to permit repairs; and, fix penalties for violations of this
Code.
B.
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.
Nothing in this chapter hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquitted, liability incurred, or any cause or causes of action required or existing under any act or ordinance hereby repealed as cited in § 320-2, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
A.
BUILDING
CHANNELS
COMMERCIAL USES
FIRE HAZARD
INDUSTRIAL USES
JUNK MATERIAL
LITTER
NONRESIDENTIAL PROPERTY
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
OWNER
PREMISES
PROPERTY
RESIDENTIAL PROPERTY
STRUCTURE
VACANT BUILDING
(1)
(2)
(3)
(4)
VACANT LOT
WASTE
WATERWAYS
YARD, FRONT
As used in this section:
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
A linear topographic depression that continuously or intermittently
confines and/or conducts surface water, not including transient erosional
gullies and other ephemeral features that temporarily form after heavy
rainfall. A channel can be naturally occurring or can be of human
origin through excavation or construction, in which case it is referred
to as “man-made.” A channel includes both bed and banks.
[Added 2-14-2022 by Ord. No. O-1-22]
All uses involved in the (retail or wholesale) sales, service
or handling of goods of any nature. In addition thereto, apartment
complexes consisting of 10 or more units shall be considered commercial
uses and thereby governed by this section. In addition thereto, public
mausoleums shall be considered commercial uses and thereby governed
by this section.
Any device or condition likely to cause fire and which is
so situated as to endanger either persons or property; accumulation
or storage of combustible or explosive material sufficient in amount
or so located or in such a manner as to put in jeopardy, in the event
of ignition, either persons or property; or the obstruction to or
of all means of ingress and egress.
All uses involved in the manufacture, processing or packaging
of products of any nature.
Any waste, broken or used materials, machinery, parts of
products which are not necessary to the operation of a use or which
have been obviously discarded by the owner or operator of the business.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to the public health, safety and welfare.
Any commercial, industrial and mixed-use real estate, or
portion thereof, located in the City of Rahway, including improvements
thereon.
Any common nuisance as known by common law or inequity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the City.
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, boats, any structurally unsound fences
or structures, lumber, trash, fences, debris or vegetation, such as
poison ivy, oak or sumac, 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 this Code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this Code.
Fire hazards.
Any person who, alone or jointly with several others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or who shall have charge, care or control
of any property unit as owner or agent of the owner as lessee, executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate or as a foreclosing mortgagee or mortgagee in possession,
regardless of how that possession was obtained. Any person who is
a lessee subletting or assigning any part of any property or property
unit shall be deemed to be co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building or structures thereon.
Any real estate, including residential, commercial, industrial
and mixed-use, or portion thereof, located in the City of Rahway,
including any improvements thereon.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
A combination of any materials, whether fixed or portable,
forming a construction, including buildings.
Any structure intended for residential or commercial use
which has not been occupied or in use for a period of six months or
more. This definition shall not include the following:
Any structure which is unoccupied because of a current alteration
being performed in accordance with a plan which has been approved
by the City Construction Official;
Any structure which is a principal residence that is utilized
by the owner for a period of six months or less per year;
Any structure which is a vacation home or seasonal residence;
Dormitories which are not normally in use during a portion of
the calendar year.
A neglected parcel of property that has no buildings on it.
Material or a combination of materials which are no longer
of use for the purposes for which it is normally intended.
A collection of water on the surface of the ground, including,
but not limited to, a bay, brook, creek, ditch, lake, pond, reservoir,
river, or stream. A waterway also includes the path or depression
through which the water flows or is confined. A waterway can be either
naturally occurring or resulting from human activity, in which case
it is referred to as “man-made.”
[Added 2-14-2022 by Ord. No. O-1-22]
The yard extending across the entire width of the lot between
the front lot line and the nearest point at which the principal building
would be permitted according to the Zoning Ordinance.[1]
B.
The foregoing words and terms shall include the plural of the words
and shall be applied retroactively as well as prospectively.
