[Adopted 7-13-2016 by Ord. No. 2016-06]
It is hereby found and declared that there exist in the Township
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance, and,
further, that such conditions, including but not limited to structural
deterioration, a lack of maintenance or upkeep of essential facilities
and utilities and the existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Township. It is further
found and declared that, by reason of a lack of maintenance and the
ensuing progressive deterioration, certain properties have the further
effect of creating blighting conditions and that, by reason of timely
regulations and restrictions as herein contained, the growth of this
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.
It is also found that there is a need to regulate and limit the number
of vehicles and boats that can be parked or stored on properties to
avoid undue congestion and enhance the streetscape and aesthetic appearance
of the community.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance
and condition of the exterior of residential and nonresidential premises;
to avoid, prevent and eliminate the maintenance of or creation of
hazards to the public health and safety; to avoid, prevent and eliminate
conditions which, if permitted to exist or continue, will depreciate
or tend to depreciate the value of adjacent or surrounding properties;
to prevent the creation, continuation, extension or aggravation of
blight; to regulate and limit the number of vehicles and boats that
may be parked or stored on properties; to fix certain responsibilities
and duties upon owners, operators and occupants of property; and to
provide for the administration and enforcement of this article.
In any case where the provisions of this code impose a higher
standard than that set forth in any ordinance of the Township 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 ordinance of the Township 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 article shall limit or impair any existing remedies of the municipality, or its officers or agencies, relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary, enforcement of the brush, grass and weeds provisions set forth in Chapter
128, or the enforcement of the vacant/abandoned properties provisions of Chapter
132.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this article, be defined as follows:
ENFORCEMENT OFFICER
The Zoning Officer, the Township Engineer, and/or the Blairstown
Township Police Department, or other public officer appointed by resolution
of the Township Committee, as specified herein below.
NUISANCE
Any physical condition that is potentially dangerous, detrimental
or hazardous to the health or safety of persons on, near or passing
in proximity of the premises where said condition exists.
OCCUPANT
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation residing in, living or sleeping in or
on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this article.
OPERATOR
Any person, persons or entity, not the owner, who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal or equitable
title, in any form whatsoever, to any premises or part thereof, or
who shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or agent of the owner or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part of or all of any building, structure or land shall be deemed
to be a co-owner with the lessor for the purposes of this article
and shall have responsibility over that portion of the premises so
sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon which are exposed to public view or are visible
from the streetscape or from adjoining or adjacent properties, including
all outside surfaces and appurtenances thereto, and the open space
on the premises outside any building or structure erected thereon.
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this article, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder, nor may any such person or entity assert as a defense against
any charge made under this article that another owner, operator or
occupant or any other third person or entity is also responsible therefor
and in violation thereof.
The Township Committee, by resolution, may authorize the abatement
of any hazard or nuisance regulated by this article and put any premises
in proper condition such as to comply with the provisions of this
article, at the cost of the owner, operator and/or occupant; any municipal
funds expended for such purpose shall be charged against the premises,
and the amount thereof, as determined by the Township Committee, shall
be a lien against the premises and shall be added to and become and
form a part of the taxes next to be assessed and levied upon such
dwelling or lands, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the Tax Collector in the same
manner as taxes.
Nothing contained in this code or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of the Zoning Ordinance or zoning laws of the municipality.
[Adopted 5-23-2018 by Ord. No. 2018-13]
The Township of Blairstown hereby grants to itself all such
powers granted to municipalities by the State of New Jersey for holding
certain landlords responsible for their tenants, including the posting
of adequate security against the consequences of disorderly behavior
of their tenants. Such enabling statutory powers are set forth at
N.J.S.A. 40:48-2.12n et seq., as may be amended.
As used in this article, the following terms shall have the
meanings indicated:
HEARING OFFICER
A licensed attorney of the State of New Jersey appointed
by the Township Committee. The hearing officer shall not own or lease
any real property within the Township of Blairstown nor hold any interest
in the assets of or profits arising from the ownership or lease of
such property.
LANDLORD
As defined under the law, N.J.S.A. 40:48-2.12o, as may be
amended.