This chapter shall be known as the Property Maintenance Code
of the Township of Edgewater Park, and may be referred to in this
chapter as "this code."
It is found and declared that there exist in the Township 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 limited
to structural deterioration, lack of maintenance and appearance of
exterior of premises, infestation, lack of maintenance, upkeep of
essential utilities and facilities, existence of fire hazards, insanitary
conditions, constitute a menace to the health, safety, morals, welfare
and reasonable comfort of the citizens and inhabitants of the Township.
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, 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
on premises by the Township. This code is 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.
The following terms, wherever used or referred to in this code,
shall have the respective meanings assigned to them unless a different
meaning clearly appears from the context. 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." The word "shall"
shall be applied retroactively as well as prospectively.
A structure, the use of which is incidental to that of the
main building and which is attached hereto 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.
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. 29:2-1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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 may be lawfully viewed by the public or any member
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 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 that 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.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of foods.
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 Township of Edgewater Park;
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, 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 insanitary sewage or plumbing facilities in violation
of Township ordinances;
Insanitary conditions or any thing 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
or 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 putrescible and nonputrescible 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.
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, grass, bedding, crockery and similar
materials.
Combination of any materials, whether fixed or portable,
forming a construction, including buildings.
The Township Administrator of the Township of Edgewater Park
and such other officials as the Township Administrator may designate
to act in his behalf.
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.
