[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018; 9-22-2020 by G.O. No. 2190]
(a)
Title. This chapter shall be known as the "Exterior Property Maintenance
Code of the Town of Westfield" and will hereinafter in this chapter
be referred to as "the Exterior Property Maintenance Code."
(b)
Findings and declaration of policy. It is found and declared that
there exist in the Town of Westfield vacant lots and premises used
for residential and nonresidential purposes which are or may become
in the future substandard with respect to structure or maintenance
and, further, that such conditions, including, without limitation,
structural deterioration; lack of maintenance of the exterior of premises;
uncontrollable growth of grass, weeds, or invasive plant species;
and infestations of vermin are or could become injurious to the public
health, safety, and welfare.
(c)
Purpose. This Exterior Property Maintenance Code sets forth standards
with respect to structures and premises, establishes minimum maintenance
standards for the exterior of all premises, fixes the responsibility
of owners and occupants of premises, provides for remedial actions
and penalties, and is intended to be enforced to protect the values
of adjacent properties, health and safety standards and to maintain
the aesthetics of the Town.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
This Exterior Property Maintenance Code shall be construed liberally
and justly to ensure the public health, safety and welfare insofar
as they are affected by the continued use and maintenance of premises.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Any repairs or alterations to a structure or changes of use
therein, which may be caused directly or indirectly by the enforcement
of this Exterior Property Maintenance Code, shall be done in accordance
with the procedures and provisions of the Uniform Construction Code.
In the event of a conflict between this Exterior Property Maintenance
Code, the Uniform Construction Code and the Uniform Fire Safety Act,[1] the Uniform Construction Code and the Uniform Fire Safety
Act shall prevail except in any case where the provisions of this
Code impose a higher standard than that set forth in any ordinance
of the Town or under the laws of the State of New Jersey, in which
case the standards as set forth herein shall prevail; but if the provisions
of this Exterior Property Maintenance Code impose a lower standard
than any ordinance of the Town or of the laws of the State of New
Jersey, then the higher standard contained in any ordinance of the
Town or of the laws of the State of New Jersey shall prevail.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
The provisions of this Exterior Property Maintenance Code shall
not be deemed to abolish or impair existing remedies or the jurisdiction
of any municipal officers relating to the removal or demolition of
any buildings which are deemed to be dangerous, unsafe and unsanitary,
or any remedies which are available under the Westfield Land Use Ordinance,
the Uniform Construction Code, the State Health and Housing Codes,
the Westfield Health Code, or the Uniform Fire Safety Act.[1] It shall be up to the discretion of the officials charged
with enforcing the provisions of those statutes or ordinances to determine
whether or not to seek remedies under those statutes or ordinances.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
This Exterior Property Maintenance Code shall not affect violations
of any other ordinance, statute or regulation existing prior to the
effective date hereof, and any such violation shall be continued to
be punishable to the full extent of the law under the provisions of
those ordinances, statutes or regulations in effect at the time the
violation was committed.
