Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
[Amended 11-22-2005 by Ord. No. 2005-23]
The purpose of this chapter is to promote and protect public health, safety and general welfare on or upon premises in the Township of Pequannock as herein set forth by:
A. 
Establishing minimum maintenance standards for private real property.
B. 
Affixing responsibilities of property owners.
C. 
Establishing penalties for unabated violations.
[Amended 11-22-2005 by Ord. No. 2005-23]
BLIGHTING EFFECT
When the manner in which property is maintained results in a diminution in the value of at least one surrounding property by at least 5% assessable value as determined by the Township Tax Assessor.
BUILDING
Any structure, or part thereof, used for or intended to be used for habitation or occupancy including any accessory structures and appurtenance belonging thereto.
PROPERTY
Any land or buildings located in the Township of Pequannock which are not regulated by Chapter 135 "Commercial Property Maintenance".
RUBBISH
Combustible and non-combustible waste materials including, but not limited to, paper, rags, cartons, boxes, wood, rubber, leather, tree branches, yard trimmings, tin cans, metals, material matter, grass, trees, play equipment, or outdoor furniture in disrepair.
SEMITRAILER
Every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
TRAILER
Every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
TRUCK
Every motor vehicle designed, used, or maintained primarily for the transportation of property.
TRUCK TRACTOR
Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
[Amended 11-22-2005 by Ord. No. 2005-23]
A. 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. The property shall be kept free of litter and free of nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises.
B. 
Weeds and plant growth.
(i) 
All premises and exterior property shall be maintained free from weeds and plant growth which create a sight obstruction and/or safety hazard to motor vehicles in their operation on roadways.
(ii) 
All premises and exterior property shall be maintained free from grass or weeds in excess of six inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
(iii) 
All premises and exterior property shall be maintained free from dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons or property in the vicinity thereof. Tree shall be trimmed and pruned to avoid overhanging and projecting limbs which constitute a danger to persons or property in the vicinity thereof.
C. 
Landscape maintenance.
(i) 
Where exposed to public view, the landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.
(ii) 
Dead or dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof and shall be removed.
D. 
All property shall be maintained free from broken or discarded furniture, household or business equipment and furnishings or the accumulation or storage of any other rubbish.
E. 
All property shall be maintained free from any condition dangerous to the public including but not limited to abandoned, broken or neglected equipment, machinery, pools, excavations and fences.
F. 
Sidewalks, curbs and driveways. All sidewalks, curbs, monolithic curbs/gutters, walkways, stairways, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
G. 
Fences and walls. All fences and walls shall be kept in good repair and in a safe condition.
[Amended 11-22-2005 by Ord. No. 2005-23]
A. 
All exterior building additions or renovations requiring the issuance of a building permit shall be completed within six months from the date the building permit is issued and all construction supplies shall be neatly stored during construction. The Construction Official may extend the period of time for completion if he is satisfied that the extent of the construction activity reasonably requires a period of time greater than six months to complete or that the property owner establishes a hardship or other good cause for extension.
B. 
It shall be a violation of this chapter for the owner or occupant of property to leave buildings which are left in a state of partial construction for a period of 90 days or more or which represent a hazardous or unsafe condition to the inhabitants or the community.
[Amended 11-22-2005 by Ord. No. 2005-23]
A. 
Parking or storage of a commercial Semi trailer or Trailer or Truck shall be prohibited if the same is:
(1) 
Over 20,000 pounds (10 tons) registered gross weight.
(2) 
And/or over 10 feet in height as measured from the ground.
(3) 
And/or is over 24 feet from bumper to bumper.
B. 
No permitted vehicle shall use any type of motor, other than that used for the moving of the vehicle, and the motor of said vehicle shall be turned off upon the parking of the same.
This section shall not apply to a vehicle which is parked in a completely enclosed garage and is owned by a resident of the premises and which conforms to Township zoning ordinances.
C. 
Nothing in this section shall curtail the use of commercial vehicles making deliveries to or performing services at premises in a residential district.
[Amended 11-22-2005 by Ord. No. 2005-23]
No inoperable motor vehicle or motor vehicle which is currently unregistered or uninspected or without a current or valid license plate shall be parked, stored, or left on any property for more than one week unless such vehicle is:
A. 
Kept inside a garage or other enclosed building; or
B. 
Underneath a car cover custom manufactured for that vehicle.
[Amended 11-22-2005 by Ord. No. 2005-23]
A. 
Any building or structure which is dangerous to life or health or which presents a fire hazard shall be considered a nuisance.
B. 
General. The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Township of Pequannock and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties.
C. 
The exterior of every structure shall be maintained in good repair. The exterior of all buildings shall be kept free of broken glass or windows, peeling paint, rotten, missing or substantially destroyed window frames and sashes, doors and door frames and other exterior building components, including porches and decks.
[Amended 11-22-2005 by Ord. No. 2005-23]
Safe ingress and egress from all structures on property shall be maintained.
[Amended 11-22-2005 by Ord. No. 2005-23]
A. 
This chapter may be enforced by any Township official or employee (the "Enforcement Official") who shall be designated and directed by the Township Manager to address any particular violation(s) of this chapter. The Enforcement Official shall have the authority to issue a Notice of Violation and Abatement (the "Notice") directing the abatement of any violation of this chapter and specifying a time period for abating the violation. In the event the property owner has not provided the Township with a current address for service, the Notice may be posted upon the property. The failure to comply with the Notice shall constitute a violation of this chapter.
B. 
For a violation of this chapter, the offender shall be subject to imprisonment in the county jail for a term not exceeding 90 days or by a fine not exceeding $1,000, or by a period of community service not exceeding 90 days. Any person who is convicted of violating this Ordinance within one year of the date of a previous violation of the same Ordinance and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for repeated offense shall not exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the violation of the Ordinance.
[Amended 11-22-2005 by Ord. No. 2005-23]
Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Enforcement Official may either cause the violation to be abated or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the Enforcement Official may cause the condition to be abated subject to the provisions of 136.12 of this chapter. In addition, any other remedies set forth in other sections of the Pequannock Township Code shall be available.
[Amended 11-22-2005 by Ord. No. 2005-23]
The Township may abate a violation of this chapter when the Enforcement Official is unable to serve the Notice upon a property owner or when the property owner, after service of the Notice, fails to satisfactorily abate the violation. The Township may also abate a violation, without any prior notice, in an emergency situation as set forth in Section 136.12 of this chapter. If the Enforcement Official recommends that the Township abate a violation, the Enforcement Official shall submit a report of the findings and recommendations to the Township Council. The Township Council may thereupon, by resolution, authorize the abatement of the condition as may be necessary to put the premises in such a condition so as to comply with the requirements of this code. The Township Council may, by such resolution, authorize the expenditure of municipal funds and fix the amount to be used for such purpose.
Upon completion of the abatement the Enforcement Official shall submit a report of the monies expended to the Township Manager for presentation to the Township Council. After review of the report, the Township Council may approve the expenses and costs by resolution and thereupon, the stated amount of expenses and costs spent shall become a lien against the premises, collectible as provided by law in conformity with N.J.S.A. 40:48-2.14. A copy of the resolution approving the expenses and costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township, 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 affected premises.