[HISTORY: As indicated in article histories. Amendments noted
where applicable.]
[Derived from Ch. 14B of the 1971 Code]
This chapter shall be known as the "Nonresidential Property
Maintenance Code of the Township of Lawrence," referred to in this
chapter as "this Code."
The purpose of this Code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance,
appearance and condition of nonresidential premises and industrial
premises, and shopping centers; to fix responsibilities and duties
upon owners, operators and occupants; to authorize and establish procedures
for the inspection of such nonresidential premises; to fix penalties
for the violations of this Code; and to provide for the right to access
by the agents and employees of the Township to enforce compliance
with the provisions hereof whenever necessary. This Code is hereby
declared to be remedial and essential for the public interest and
it is intended that this Code shall be liberally construed to effectuate
the purpose as stated herein.
In any case where the provisions of this chapter impose a higher
standard than is set forth in any other 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 chapter
impose a lower standard than any other ordinances of the Township
or the laws of the State of New Jersey, then the higher standard contained
in any such other ordinance or law shall prevail.
All licenses and permits pertaining to use and occupancy of
a premises shall be issued upon compliance with this chapter as well
as compliance with any other ordinances under which licenses and permits
are granted.
No license or permit or other certification of compliance with
this chapter shall constitute a defense against any violation of any
other ordinances of the Township applicable to any structure or premises.
As used in this chapter, the following terms shall have the
meanings indicated:
A building or buildings, or any part thereof, and the lot
or tract of land upon which the building or buildings are situated,
where commercial activity of any kind takes place. Commercial activity
shall include, but is not limited to, gasoline service stations; motor
vehicles sales agencies; research and development uses; stores for
retail sales; liquor stores, taverns and inns; restaurants, including,
but not limited to, drive-in restaurants, snack bars, hot dog, hamburger
or ice cream stands; professional activities, including, but not limited
to, medical, dental, legal, architectural, accounting; personal services,
including, but not limited to real estate, insurance, barbershops,
hairdressers; repair shops of all kinds; and amusements, including
but not limited to, movies, skating rinks, bowling alleys; whether
part of a shopping area or not. Commercial activity shall not include
sale of agricultural products on the premises.
Calendar day.
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 condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
A building or buildings, or any part thereof, and the lot
or tract of land upon which the building or buildings are located
and used for nonresidential purposes other than commercial. Industrial
activity shall include, but is not limited to, the production, storage,
and distribution of raw materials, semiprocessed or processed materials,
supplies or parts used or intended to be used in the assembly or manufacture
of finished goods or components thereof and intended to be sold as
articles of commerce.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any common-law nuisance or as provided by the laws of the State
of New Jersey or the ordinances of the Township of Lawrence.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building or upon a lot. This includes,
but is not limited to, any structurally unsound fences or structures,
lumber, trash, fences, debris or vegetation such as poison ivy, poison
oak or poison sumac, which may prove a hazard for inquisitive minors.
Abandoned vehicles, trailers, carts, wagons, vessels or other
things. Any vehicle, trailer, cart, wagon, vessel or other thing which
is inoperable, physically or by operation of law, or which remains
outside for a period of more than five days in an unfenced area of
premises which are not used or maintained for the sale of motor vehicles,
trailers, campers or boats, shall be deemed to have been abandoned.
Any physical condition dangerous to human life or detrimental
to the health of persons on or near the premises where the condition
exists. This includes, but is not limited to: harborage, as defined
above; existence or presence of any water or other liquid in which
mosquito larvae breed or exist; any deposit or accumulation of trash,
litter, garbage, refuse, debris or any organic or inorganic matter
which may attract flies and to which flies may have access or in which
fly larvae or pupae breed or exist; the existence, presence or maintenance
of any brush, weeds, dead and dying trees, stumps, roots, limbs, obnoxious
growth, filth, garbage, trash, refuse and debris which is or may become
a fire hazard or otherwise detrimental to the health, safety and welfare
of persons; the existence or presence of any ragweed, poison ivy,
poison sumac or other noxious growth of any kind; the presence, existence
or maintenance of any holes, excavations, breaks, projections, obstructions,
accumulations of ice, snow or water and excretion of pets and other
animals on paths, walks, driveways, parking lots and parking areas
and other parts of the exterior of the premises which are intended
for use by persons or which are accessible to and likely to be used
by such persons.
The escape into the open air from any stack, vent, chimney or
any other entrance to the open air of such quantities of smoke, fly
ash, dust, fumes, vapors, mists or gases as to endanger or interfere
with the health, safety and general welfare of persons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any act or maintenance of any condition which causes or threatens
pollution, as defined by the laws of the State of New Jersey, of any
waters in this Township in such a manner as to endanger the health,
safety or general welfare of persons upon any premises within this
Township.
Unsanitary conditions or anything unreasonably offensive to
the senses or dangerous to health, in violation of this chapter.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Any person having actual possession of the premises or any
part thereof.
Any person having charge, care or control of the premises
or any part thereof, whether with or without the 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 premises as owner or agent of the owner or as fiduciary,
including, but not limited to, executor, executrix, administrator,
administratix, trustee, receiver or guardian of the estate, or as
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 premises shall be deemed to be a co-owner with the lessor and
shall have joint responsibility over the portion of the premises sublet
or assigned by said lessee.
A group of commercial establishments built on one tract that
is planned and developed as an operating unit: it provides on-site
parking in definite relationship to the type and total size of the
stores. The commercial establishments may be located in one or several
buildings, attached or separated.
All nonresidential premises and any buildings situated thereon
in the Township of Lawrence shall comply with the provisions of this
chapter, whether or not such building shall have been constructed,
altered or repaired before or after the enactment of this Code. This
chapter establishes minimum standards for the initial and continued
occupancy and use of all such buildings and premises and does not
replace or modify standards otherwise established for the construction,
repair, alteration or use of such buildings or premises contained
therein. Where there is a mixed occupancy with residential and other
uses on the same premises, all such uses shall be nevertheless regulated
by and subject to the provisions of this chapter.
Owners and operators shall have all the duties and responsibilities
prescribed in this chapter, and no owner or operator shall be relieved
from any such duty and responsibility nor be entitled to defend against
any charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
Occupants shall have all the duties and responsibilities as prescribed in § 309-47 and §§ 309-50 through 309-53 of this chapter, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
Upon discovery by a perspective occupant/tenant of any condition
of the premises which constitutes a violation of this chapter by the
owner or operator, the perspective occupant/tenant shall report same
to the Public Officer, who shall be responsible for enforcement of
the provisions of this chapter.
The Health Officer is hereby designated to serve as the Public
Officer under this chapter. All inspections, regulations, enforcement
and hearings on violations of the provisions of this chapter, unless
expressly stated to the contrary, shall be under his direction and
supervision. He may appoint or designate such other public officials
or employees of the Township to perform duties as may be necessary
to the enforcement of this chapter, including the making of inspections
and holding of hearing.
The Public Officer is authorized to promulgate such written
rules and regulations as may be necessary for the proper interpretation
and administration of the provisions of this chapter, provided that
such rules and regulations do not conflict with this chapter but conform
to the general standards prescribed by this chapter. The Public Officer
shall file copies of such rules and regulations with the Municipal
Clerk, Health Officer, Municipal Engineer and Fire Marshal and shall
make available in the Public Officer's office a copy for inspection
by members of the public during regular business hours. Such rules
and regulations shall have the approval of the Health Officer, Municipal
Engineer and Fire Marshal respectively, where the provisions thereof
relate to matters which are also in the jurisdiction of and supervision
of each Officer. In case of conflict, the rule or regulation may be
promulgated by direction of the Township Manager and Council. Such
rules and regulations shall have the same force and effect as the
provisions of this chapter, and the violation thereof shall be enforced
as violations of the express provisions of this chapter.
The Public Officer shall, in the month of December of each year,
review with the Fire Marshal, Health Officer, Municipal Engineer,
Township Manager, CD Director and Township Council the procedure and
operation of this chapter and report to the Mayor and Township Council
on or before January 1:
A.
Any recommended amendment, addition or modification of provisions
of this chapter consonant with the filed experience of the personnel
charged with enforcement.
B.
A summary of the enforcement experience indicating number of cases
processed in the municipal court, number of inspections made and such
other and further pertinent information as will provide the Mayor
and Council with an annual account of progress in securing the standards
required by this chapter.
C.
Any further recommendation as to how this chapter and the procedure
and operations thereunder can be improved.
All nonresidential buildings and premises subject to this chapter
are subject to inspection annually and upon complaints by the enforcing
officer, and such other times as are deemed necessary by the Public
Officer. At the time of such inspections, all rooms and parts of the
premises shall be available and accessible for such inspections, and
the owner and operator are required to provide the necessary arrangements
to facilitate such inspections. Such inspections shall be made during
regular open hours of the business occupying the premises unless there
is reason to believe a violation exists of a character which is an
immediate threat to health or safety, requiring inspection and abatement
without delay.
Inspectors shall be supplied with official identification and,
shall exhibit such identification when entering any nonresidential
property or any part of any premises subject to this chapter. Inspectors
shall conduct themselves so as to avoid intentional embarrassment
or inconvenience to occupants.
A.
Where the Public Officer or his agent is refused entry or access
or is otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, such person shall be
in violation of this chapter and subject to the penalties hereunder.
B.
Emergency inspections may be authorized without warrant if the Public
Officer has reason to believe that a condition exists which poses
an immediate threat to life, health or safety. Such procedure shall
only take place where the time taken to apply for and secure the issuance
of a warrant would render ineffective the immediate action necessary
to abate the condition.
C.
The Public Officer may, upon affidavit, apply to the Judge of the
Municipal Court of the Township for a search warrant, setting forth
factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this chapter may
exist on the premises, including, but not limited to one or more of
the following:
(1)
The premises require inspection according to the cycle established
by the Township for periodic inspections of premises of the type involved.
(2)
Observation of the external condition of the premises and its public
areas has resulted in the belief that violations of this chapter exist.
(3)
Circumstances such as age of building, type of building, particular
use of premises or other such factors rendering systematic inspections
of such buildings necessary in the interest of public health and safety.
D.
If the Judge of the Municipal Court of the Township is satisfied
as the matter set forth in such affidavit, the Court shall authorize
the issuance of a search warrant permitting access to and inspection
of that part of the premises on which the nuisance or violation may
exist. Warrant for access may be issued by the Judge of the Municipal
Court upon affidavit of the Public Officer, or designees, establishing
grounds.
A.
The Public Officer shall have the power to withhold strict enforcement
of the requirements of this chapter upon written application therefor
by an owner, operator or occupant, after making determination that:
(1)
Any variation or modification of structure or use approved by the
Public Officer will not in any material way alter the standards of
this chapter and cannot affect detrimentally the health or safety
of occupants of the premises or the health, safety or welfare of the
occupants or owners of adjacent premises or of the neighborhood.
(2)
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on the premises which would be substantially disproportionate to any
benefit to health, safety or welfare that might be derived therefrom.
(3)
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this chapter.
(4)
The strict enforcement of the provisions of this chapter would require
the installation of repairs and improvements estimated to exceed $300
in cost, and the premises subject to this chapter are contemplated
for acquisition or are within an area where acquisition is contemplated
by a public agency having the power of eminent domain and there is
a reasonable likelihood that such premises will be acquired within
a period of two years; provided that any waiver of the provisions
of this chapter shall be cancelled and the Public Officer shall strictly
enforce this chapter if it shall be ascertained subsequent to the
granting of the waiver that the premises are in fact not to be acquired
for any public use or purpose.
(5)
Strict compliance with this chapter would require substantial structural
changes to the premises, and noncompliance will not impair the health,
safety or welfare of any person or persons.
(6)
The nonconformity is of a technical and insubstantial character or
there is an alternative means, satisfactory to the Public Officer,
to be used which will eliminate violations of this chapter constituting
hazards to the health, safety and welfare of the occupants of the
premises and persons in the immediate vicinity thereof.
B.
Upon denial of any such application the owner, operator or occupant may request a hearing, which shall be held in accordance with the provisions of § 309-24.
C.
Such application shall not constitute a defense of any violation
of this chapter concerning which any proceedings are pending in the
municipal court when the application is filed nor shall any variance
or modification allowed under this section constitute a vested right
against any ordinance enacted by the Township Council compelling strict
enforcement of any provisions of this chapter.
Where variations or modifications of any section of this Code
are approved by the Public Officer or by action of any Court, a written
record thereof stating the name of the applicant, the address of the
premises, the variation or modification approved, date of approval
and the reasons therefor satisfying the provisions contained in this
section shall be prepared by the Public Officer and filed both under
the section or sections to which the variation or modification applies
and under the address of the premises, and such files shall be available
for public inspection in the office of the Public Officer during regular
business hours.
A.
Whenever an owner, operator, occupant, prospective purchaser, mortgagee
or prospective occupant shall apply to the Public Officer for an inspection
in order to ascertain if any section has been violated, the Public
Officer shall, upon payment of the required fee, cause an inspection
to be made of the premises and issue an informational certificate
or report of the inspection to the applicant, indicating therein any
violations on the premises. The applicant for such inspection shall
state in writing his full name, residence and the reasons and basis
for which the inspection is requested. The Public Officer may deny
the application for failure to comply with this requirement.
B.
Where, in lieu of an inspection, an owner, operator, occupant, lessee,
prospective purchaser, mortgagee or prospective occupant requests
a status report as to whether or not there are any known violations
presently pending on the premises, upon payment of the required fee,
a copy of any notice or order on any violation then pending shall
be sent to the applicant.
No inspection report or status report issued under § 309-19 shall be construed as providing a defense against any violation of this chapter, this Code or any other ordinance of the Township which may be discovered thereafter, whether or not the condition or violation existed at the time of any such inspection or status report. The inspection or status report is provided as a convenience to the public and shall not constitute a limitation or waiver of the full enforcement of this chapter. The inspection or status report shall include only such matters as are embraced in this chapter.
Except as provided in § 309-26 where a violation of this chapter or the regulations adopted pursuant to this chapter is found to exist, a written notice from the Public Officer shall be served on the person responsible for the correction thereof.
The notice of violation required by § 309-21 shall specify the violation or violations committed: the work required to be done to correct same; a reasonable period of time, not to exceed 30 days, to correct or abate the violation; the right of the person served to request a hearing; and that the notice shall become an order of the Public Officer in 10 days after service unless a hearing is requested pursuant to § 309-24.
A.
Notice required by § 309-21 shall be posted in a conspicuous location in or on any nonresidential structure or premises in violation of regulations of this chapter, such notice to state where and under what conditions a copy of the notice may be obtained. Simultaneously with posting, the notice shall be mailed to the responsible person, firm or corporation at the last known address or principal place of business or to the agent appointed by such person, firm or corporation pursuant to these regulations.
B.
Service may also be effected in person upon the individual owner,
operator, occupant or agent or upon a member of the family of such
persons over the age of 14.
C.
Where service is by mail, the date of service shall be determined
as being on the day following the day of mailing to addresses within
the Township, and as on the fourth day after the day of mailing to
addresses outside the Township. Where the service would fall upon
a Sunday or other day when mail is not ordinarily delivered, then
the day of service shall be as of the next regular delivery day.
Within 10 days of the date of service of a notice required by § 309-21 the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail on the Public Officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Public Officer, upon receipt of the request, shall, within 30 days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing.
At any hearing provided pursuant to § 309-21, the Public Officer shall be vested with all the powers provided by law to preside at hearings, compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by such officer, and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The Public Officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
B.
No notice shall be required on the enforcement of §§ 309-54D and 309-55D as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where such snow or ice remains uncleared within eight hours of daylight after the termination of the snowfall.
C.
Where the Public Officer, after hearing, shall determine that there
was a violation and a notice was served upon the owner, operator or
occupant, whether or not the violation was abated prior to the issuance
of an order, if thereafter within the space of one year there shall
be a second violation by the same owner, operator or occupant of the
same provision of this chapter discovered on the same premises, the
offender may be prosecuted on the second violation, without the Public
Officer first giving notice and opportunity for a hearing to the owner,
operator or occupant, by the filing of a complaint by the Public Officer
in the Municipal Court. Where the Public Officer has on two different
occasions found violations by the same owner, operator or occupant
on the same premises and has issued notices on each and has held at
least one hearing and issued an order thereon upon discovering a third
or subsequent violation by the same owner, operator or occupant on
the same premises within the space of one year, whether the same sections
or of any other sections of this chapter, the Officer may thereupon
prosecute the offender by filing a complaint in the Municipal Court
for the third or subsequent violation occurring within the period
of one year without first providing notice and opportunity for a hearing
by the Public Officer.
The Public Officer may extend the time for correction or abatement
of the violations of this chapter for an additional period of time
not to exceed 30 days, except where major capital improvements or
renovations are involved, in which instance the time for completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice.
A.
Where the violation or condition existing on the premises under this
chapter is of such a nature as to constitute an immediate threat to
the health, safety, and welfare of person or persons unless abated
without delay, the Public Officer may either abate the violation or
condition immediately or order the owner, operator or occupant to
correct the violation or condition within a period of time not to
exceed three days, and upon failure to do so, the Public Officer may
abate the condition immediately thereafter.
B.
The Public Officer shall submit to the Council a report of the work
done and expenses incurred to abate such condition and the Council
may thereupon, by resolution, approve the expenses and costs therefor,
whereupon the same shall become a lien against the premises, collectible
as provided by law. Copy of such resolution shall be certified by
the Clerk and filed with the Collector of Taxes of the Township, who
shall be responsible for the collection thereof, and a copy of such
report and resolution shall be sent by certified mail to the owner
of the premises.
Where abatement of any nuisance as defined in this chapter,
correction of a defect in the premises or bringing the premises into
compliance with the requirements of this Code or any municipal ordinance
or State law applicable thereto requires expending Township funds
therefor, the Public Officer shall present a report of work proposed
to be done to accomplish the foregoing to the Council with an estimate
of the cost thereof, along with a summary of the proceedings undertaken
by the Public Officer to secure compliance, including notices served
upon the owners, operators, lessors or agents, as the case may be,
hearings, and orders of the Public Officer with reference thereto.
The Council may thereupon by resolution authorize the abatement of
the nuisance, correction of the defect or work necessary to place
the premises in proper condition and in compliance with the Code or
any ordinance of the Township and laws of the state. The Public Officer
may thereafter proceed to have the work performed in accordance with
the resolution at Township expense, not to exceed the amount specified
in the resolution, and shall, upon completion thereof, submit a report
of the funds expended and costs to the Council. After review of the
same, the Council may approve the expenses and costs, whereupon the
same shall become a lien against the premises, collectible as provided
by law. A copy of the resolution approving the expenses and costs
shall be certified by the Council and filed with the Tax Collector
of the Township, who shall be responsible for the collection thereof,
and a copy of this report and resolution shall be sent by certified
mail to the owner.
Any violation of this Code or any other ordinance other than
this chapter discovered by a duly authorized Municipal Officer shall
be reported to the Public Officer, who shall refer the alleged violation
to the official agency responsible for the enforcement of such other
ordinance.
Where there exists a violation of occupancy standard under this
chapter, an owner or operator, upon receipt of a notice of violation,
if unable to eliminate the violation by peaceable means within the
period of time specified in such notice, shall commence within such
period legal action to dispossess, evict or eject the occupants who
cause the violation. No further action shall then be taken against
the owner or operator so long as the action under this section is
pending in the court and is prosecuted expeditiously and in good faith.
For the purpose of enforcement of this chapter, the service
of a notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violations set forth therein until such
violations are abated in conformity with this chapter, this Code and
other applicable ordinances of the Township.
Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this chapter without having right of access to the building or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused the owner, operator or occupant, or where the owner or person responsible for granting permission cannot be found or located, then, upon the filing of affidavit setting forth the facts with the Public Officer, the Public Officer shall serve a five-day written notice of a hearing in accordance with the provisions for service contained in § 309-23 upon the owner, operator or occupant of any adjoining premises affected by the application.
On the day fixed for hearing on an application pursuant to § 309-33, the Public Officer shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access should not be granted across the adjoining properties.
If the Public Officer determines that access is necessary to
accomplish or complete repairs or improvements necessary for compliance
with this chapter, then the Public Officer shall issue a certificate
of necessity, setting forth therein the person or persons to whom
the certificate shall apply, such conditions as shall be necessary
to protect the adjoining property, reasonable time limits during which
such certificate shall operate, precautions to be taken to avoid damage
and, where the Public Officer deems proper, that a bond be procured
at the expense of any of the persons seeking access to secure the
adjoining property against damage to persons or property arising out
of such rights of access. The bond shall not exceed in amount $10,000
and the amount set shall take into consideration the extent, nature
and duration of the repairs, the proximity of the improvement on the
premises affected and potential risk of damage thereto. The bond shall
be filed with the Public Officer.
Any refusal to comply with §§ 309-32 to 309-35 or any interference with access to premises pursuant to a certificate issued under § 309-35 shall be a violation of this chapter, and in addition to penalties provided for violation of this chapter, the Public Officer may, upon affidavit, apply to the judge for a warrant under the procedure set forth in § 309-16 authorizing access to the premises under appropriate conditions and circumstances as provided under § 309-35.
Each violation of a provision of this chapter shall constitute
a separate and distinct violation, independent of any other provision.
Each day's failure to comply with any such section or subsection shall
constitute a separate violation.
Where a defendant charged with a violation of this chapter is
other than a natural person, any agent, superintendent, officer, member
or partner who shall, along or with others, have charge, care or control
of the premises, shall be liable for any penalty imposed upon conviction
for such violation.
In the event of the imposition of a fine or penalty by the Municipal
Court or any other court of competent jurisdiction against the owner,
operator or lessor of any building or structure in the Township for
violation of any part of this chapter, the fine shall be collectible
as a lien against the premises.
Where abatement of any nuisance as defined herein or correction
of any unsanitary or unhealthy condition requires expenditure of the
Township of Lawrence moneys therefor, in addition to other remedies
provided by law, the Public Officer shall present a report of the
work accomplished to the of the Township of Lawrence along with a
summary of the proceedings undertaken to secure compliance, including
notices served upon owners, operators or occupants, as the case may
be. The governing body may then approve the expenses and costs, whereupon
they shall become a lien against the commercial premises, collectible
as provided by law. A copy of the resolution approving the said expense
shall be certified to the Municipal Clerk and filed with the Tax Collector
of the Township of Lawrence, who shall be responsible for the collection
thereof, and a copy of the report and resolution shall be sent by
certified mail, return receipt requested, to the owner of the commercial
premises.
At the request of the Public Officer, any officer, agent or
employee of the Township of Lawrence shall assist in the enforcement,
interpretation or implementation of any provisions of this chapter.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article III. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
Any person who intends to sell, transfer or convey, by deed
or otherwise, any improved real property other than primarily residential
premises, must make application to the Public Officer or his designee,
and the Construction Official's office for an occupancy approval for
inspection of the premises in order that determination may be made
whether or not such property conforms to the provisions of this chapter.
The Public Officer shall cause an inspection to be made within
15 days after the request for same has been made to the Public Officer
by the proposed seller. If upon inspection of the property, it shall
be determined that no evidence of any violation of this chapter exists,
the Public Officer or his designee, and the Construction Official's
office shall, within 15 days after the inspection has been completed,
cause to be issued a certificate of conformity, and an occupancy permit,
stating that said structure conforms to the provisions of this chapter,
and the New Jersey State Uniform Construction Code. If the time schedules
set forth herein are not met by the Township, the property may be
transferred without the necessity of a certificate of conformity.
If the premises are sold, transferred or conveyed within six
months from the date of the issuance of the certificate of conformity,
no further inspection shall be required. If sold, transferred or conveyed
after six months from the date of issuance, a further inspection shall
be required and a new certificate of conformity shall issue as set
forth herein.
The provisions of this section shall not apply to judicial sales,
except that after a title has been taken by the purchaser from such
judicial offer, then the purchaser shall make application for a certificate
of conformity in accordance with the provisions herein.
A.
The owner and operator of every shopping center, and the owner and
operator of commercial and industrial premises shall have the duty
and responsibility of removing refuse and garbage at least twice per
week, but if twice weekly pickup is not sufficient to adequately remove
accumulated garbage, removal more often shall be required.
B.
Every owner, operator and occupant shall have the duty and responsibility
of providing sufficient and suitable receptacles with tightfitting
covers for receiving and holding refuse and garbage. The receptacles
shall be maintained in a manner, with the cover in place, so as to
prevent the creation of a nuisance, and shall be kept in an enclosed
space separate and apart from sidewalks and other pedestrian areas,
except when set out for collection during the hours of a day scheduled
for such collection.
The owner and operator of every shopping center shall be responsible
for providing and/or maintaining the following:
A.
A fire lane, at least eight feet wide, adjacent to the public walkway
or sidewalk in front of the entrance to the commercial businesses
and running the entire length of the building or buildings occupied
by said businesses.
B.
Means of ingress and egress shall be clearly marked by signs; and
concrete barriers, at least six inches high, shall be placed on each
side of said means of ingress and egress in order to provide a safe
method of ingress and egress.
C.
Parking spaces shall be clearly indicated by painted lines, white
on dark surfaces or black on light surfaces.
D.
Lanes for the movement of traffic, at least 12 feet wide in each
direction, shall be clearly marked, and arrows indicating one-way
traffic shall be painted in these lanes at both ends, white on dark
surfaces or black on light surfaces.
E.
A covered trash basket with at least a twenty-gallon capacity shall
be provided for each 150 feet of store frontage in the shopping areas.
Such baskets may be placed in the walking or pedestrian area.
The owner, operator and occupant shall maintain path, walks,
driveways, parking lots, parking areas and other parts of the premises
which are accessible to and used by persons on the premises, in good
repair, free of safety hazards and unsanitary conditions, including,
but not limited to, holes, excavations, breaks, projections, obstructions,
ice, uncleared snow, litter and excretion of pets and other animals.
All such holes and excavations shall be filled and repaired, walks
and steps repaired and other conditions removed where necessary to
eliminate hazards or unsanitary conditions, with reason-able dispatch
upon notification by the Public Officer.
Property owner, operator, and occupant shall be responsible
that the exterior of the premises and all structures thereon are kept
free of all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises, and free of
unsanitary conditions.
All parts of the premises under the control of the occupant
shall be kept in a clean and sanitary condition, and the occupant
shall refrain from performing any acts which would render other parts
of the premises unclean or unsanitary or which would obstruct the
owner or operator from performing any duty required hereunder, or
maintaining the premises in a clean and sanitary condition.
Every owner, operator and occupant shall be responsible for
the elimination of infestation in and on the premises subject to his
control.
A.
Outside storage or display of merchandise or equipment shall be forbidden.
However, this subsection shall not apply to outside storage of motor
vehicles, trailers, campers, boats or other similar merchandise held
for retail sale. This subsection shall apply, but not be limited to,
storage of merchandise or equipment in trailers, motor vehicles, shacks,
sheds or other outside containers.
B.
Waiver of this provision may be applied for by written request to
the Township Council and granted, based on the size and kind of merchandise
or equipment, duration and location of the outside storage and the
purpose of this section. A waiver for the outside storage of not more
than one boat, trailer, camper, or recreational vehicle per dwelling
unit may be obtained by the owner thereof upon application to the
Public Officer, provided, however, that on-street parking, in areas
where otherwise permitted, shall not be permitted for more than 48
hours.
The exterior of the premises and all nonresidential structures
thereon shall be kept free of all nuisances and of any hazards to
the safety of occupants, pedestrians and other persons utilizing the
premises; and free of unsanitary conditions, and any of the foregoing
shall be promptly removed and abated by the owner or operator. It
shall be the duty of the owner or operator to keep the premises free
of hazards, which include but are not limited to the following:
A.
Refuse. The exterior of all premises shall be kept free of brush,
weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage,
trash, refuse and debris.
B.
Natural growth. The exterior of all premises shall be kept free of
all dead and dying trees and limbs or other natural growth which by
reason of rotting or deteriorating conditions or storm damage constitute
a hazard to persons in the vicinity thereof. Trees shall be kept pruned
and trimmed to prevent such conditions. All brush, hedges and other
plant life growing within 10 feet of any roadway and within 20 feet
of highways shall be cut to a height of not more than 2 1/2 feet.
C.
Landscaping. 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. Plantings required
by site plan approval shall be replaced if they should die.
D.
All fences, brush, hedges and other plant life located on corner
properties at street intersections shall be restricted to a height
of not more than 30 inches for a distance of at least 20 feet from
the intersection and shall be set back at least 10 feet from the edge
of the pavement in order not to interfere with the vision of automobile
drivers using the intersection.
A.
Signs and billboards. All permanent signs and billboards exposed
to public view, permitted by reason of other regulations 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. Except for "for rent" or
"for sale" 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 at the expiration of the event or
sale for which it is erected, or within 60 days after erection, whichever
shall occur sooner. 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.
B.
Windows. 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 the windows
opaque to the public view. All screening of interiors shall be maintained
in a clean and attractive manner and in a good state of repair.
C.
Front yard parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer the same to be done, in any front yard
areas of premises occupied by a residential building, except on driveways
and parking areas constructed and installed in compliance with this
chapter and other applicable Township ordinances and not less than
three feet from the interior front sidewalk line adjacent to such
premises.
D.
Storefronts. 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 store front become necessary, such repairs
shall be made with the same or similar materials as used in the construction
of the storefront and 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.
E.
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extend 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.
Noting in this subsection shall be construed to authorize any encroachment
on streets, sidewalks or other parts of the public domain.
F.
Unoccupied buildings. All unoccupied buildings, including those areas
visible by the public from the public street or sidewalk, must be
maintained in broom-clean condition and free of litter.
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 in the future by the Township and such that the
appearance of the premises and structures 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, including the following:
A.
Painting, deterioration, etc. 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 influences.
B.
All reconstruction of walls and sidings shall be of standard quality
and appearance commensurate with the character of the properties in
the same block and on both sides of the street on which the premises
front, such that the materials used will not be of a kind that by
their appearance under prevailing appraisal practices and standards
will depreciate the values of neighboring and adjoining premises.
C.
Exterior walls, roofs, etc. 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 or missing shingles or other
materials shall be repaired or replaced promptly; places showing signs
of rot, leakage, deterioration or corrosion shall be restored and
protected against weathering and seepage.
D.
Overhangings. The exterior of all premises shall be kept free of
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.
E.
Ground surface hazards or insanitary conditions. The exterior of
all premises shall be kept free of 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 and
used by persons on the premises. All such holes and excavations shall
be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or insanitary conditions
with reasonable dispatch upon their discovery.
F.
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained in accordance with applicable Township
and ELSA regulations to eliminate any recurrent or excessive accumulation
of stormwater.
G.
Sources of infestation. The exterior of all premises shall be kept
free of sources of infestation.
H.
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter
which shall remain in full force and effect; and to this end the provisions
of this chapter are hereby declared to be severable.
No license or permit or other certification of compliance with
this Code shall constitute a defense against violation of any other
local ordinance applicable to any structure or premises, nor shall
any provision herein relieve any owner, operator, or occupant from
complying with any such other provision, nor any official of the Township
of Lawrence from enforcing any such other provision.
