[HISTORY: Adopted by the Township Committee
of the Township of Stillwater 9-18-2018 by Ord. No. 2018-07.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 303,
Property Maintenance, which consisted of Art. I, Adoption of Standards
(1981 BOCA), adopted 5-19-1981 by Ord. No. 81-6, and Art. II, Adoption
of Standards (BOCA, Current Edition), adopted 4-2-1991 by Ord. No.
91-11.
This article shall be known as the "Commercial Property Maintenance
Code of the Township of Stillwater" and is hereinafter referred to
as "this code."
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards for the maintenance
of commercial premises; to fix responsibilities and duties upon owners,
operators and occupants; to authorize and establish procedures for
the inspection of such premises; to fix penalties for violations of
this code; and to provide for the right of access to permit repairs
when necessary. This code is hereby 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, whenever used herein, shall have the following
meanings, unless a different meaning clearly appears from the context:
A lot or tract of land, including all buildings, structures
and improvements, on which or on any part of which commercial activity
takes place and is the principal use thereon. Commercial activity
shall include all nonresidential uses, excluding home occupations
and governmental, quasi-governmental, and not-for-profit uses. Commercial
premises also includes multifamily residential uses, whether owner-
occupied or not, and single-family residential uses that are not owner-occupied.
Properties owned and operated by nonprofit organizations are hereby
expressly exempt from the provisions of this article.
Those portions of a building or structure which are exposed
to public view and the open space of any premises outside of any building
or structure erected thereon.
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
Includes, but is not limited to:
Any common-law nuisance or as provided by the laws of the State
of New Jersey or the ordinances of the Township of Stillwater.
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
sumac or poison oak, which may prove a hazard to children.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises on which the condition
exists.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of the laws of the State of New Jersey
or ordinances of the Township of Stillwater.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person having actual possession of the premises or part
thereof.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any commercial premises with
or without accompanying actual possession thereof or shall have charge,
care or control of any commercial premises as owner or agent of the
owner or as a fiduciary, including but not limited to executor, administrator,
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 commercial
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.
An individual or entity.
One or more buildings or parts thereof designed as a unit
to be occupied by one or more businesses for the conduct of business
and conducted as an integrated planned area development.
A.
Every commercial premises and any building situated thereon in the
Township of Stillwater used or intended to be used for commercial
occupancy shall comply with the provisions of this code, whether or
not such building shall have been constructed, altered or repaired
before or after the enactment of this code. This code establishes
minimum standards for the initial and continued occupancy and use
of all such commercial premises and does not replace or modify standards
otherwise established for the construction, repair, alteration or
use of such commercial buildings or premises contained herein.
B.
In any case where the standards established by this code differ from
those of the State of New Jersey or other ordinances of the Township
of Stillwater in any material degree, the higher standard shall prevail.
Owners and operators shall have all the duties and responsibilities
prescribed in this code, 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 §§ 303-13 through 303-16 of this code, 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.
The exterior of the premises and all structures thereon shall
be kept free of all nuisances and any hazards to the safety of occupants,
guests, tenants, invitees, customers, 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, including but not limited to broken glass, filth, garbage,
trash, litter and debris.
B.
Natural growth, including, but not limited to, brush, weeds, ragweeds,
stumps, roots and obnoxious growths and dead and dying trees and limbs
or other natural growth which, by reason of deteriorating or rotting
conditions or storm damage, constitutes a hazard to persons in the
vicinity thereof. Trees shall be kept pruned to prevent such conditions.
C.
Overhangings: 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.
D.
Ground surface hazards or unsanitary conditions, including, but not
limited to, holes, broken or missing pavement, loose stone excavations,
breaks, projections, obstructions, ice, uncleared snow and excretions
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 the persons on the premises. All such holes and excavations
shall be filled and repaired, walks and steps shall be repaired and
other conditions shall be removed where necessary to eliminate hazards
or unsanitary conditions with reasonable dispatch upon discovery thereof.
It shall be the responsibility of owners and operators to take reasonable
steps to discover such hazards or unsanitary conditions which may
exist on their premises.
E.
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
F.
Sources of infestation.
Premises shall be kept landscaped, and lawns, hedges and bushes
shall be kept trimmed and from becoming overgrown. Plantings required
by site plan approval shall be replaced whenever the same have died.
All signs, pavement markings and printed matter and pictures
or illustrations contained thereon, permitted by reason of other regulations
or as a lawful nonconforming use, shall be maintained in good repair.
In order to preserve property value and eliminate safety hazards
and protect adjacent properties and the neighborhood from blighting
influences, the exterior of every building, improvement, structure
or accessory structure, including fences, shall be maintained in good
repair, and all surfaces thereof shall be kept painted and whitewashed
where necessary for purposes of preservation and appearance, free
of broken glass, loose shingles, crumbling stone or brick or excessive
peeling paint.
A.
Unsafe exterior facilities. Unsafe exterior facilities, including
but not limited to exterior porches, landings, balconies, stairs and
fire escapes, all of which shall be kept structurally sound and in
good repair and shall be provided with banisters or railings properly
designed and maintained.
B.
Signs and billboards. All permanent signs and billboards exposed
to public view permitted by the Land Development Ordinance and regulated
by the Construction Code or other ordinances, regulations or as a
lawful nonconforming use shall be maintained in good repair. Any sign
or billboard which has weathered excessively or faded or the paint
on which has excessively peeled or cracked shall, with its supporting
members, be removed forthwith or put into a state of good repair.
All nonoperative or broken electrical signs shall be repaired or shall,
with their supporting members, be removed forthwith.
C.
Windows exposed to public view. All windows exposed to public view
shall be kept clean and free of cracks, missing glass, marks and foreign
substances and be unbroken.
D.
Awnings or marquees. Any awning or marquee and its accompanying structural
members which extend over any street, sidewalk or other portion of
the premises shall be so maintained as not to constitute a nuisance
or safety hazard. In the event that any such awning or marquee is
not properly maintained in accordance with the foregoing, it shall,
together with its supporting members, be removed forthwith. In the
event that any such awning or marquee is made of cloth, plastic or
of similar materials, said materials, where exposed to public view,
shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
deterioration. Nothing herein shall be construed to authorize any
encroachment of any awning, marquee or its structural members on streets,
sidewalks or other parts of the public domain.
E.
Temporary scaffolding or equipment. No temporary scaffolding or other
temporary equipment used for construction, repair or maintenance shall
be permitted to remain in place beyond a period necessary to reasonably
complete the purpose for which such equipment was intended to be used
without permission of the Code Enforcement Officer or Construction
Official.
F.
Store fronts. All store fronts shall be maintained in good repair,
and all surfaces thereof shall be kept painted when necessary for
purposes of preservation and appearance. In the event that repairs
to a portion of the store front are made, such repairs shall be made
with materials identical to or compatible with the materials used
in the area not undergoing repair, to the end that the appearance
of the store front shall be uniform and attractive and shall not constitute
a blighting factor depreciating adjoining properties.
G.
Unoccupied buildings. All unoccupied buildings, including those areas
visible by the public from the public street or sidewalk, must be
maintained in broom-clean fashion and free from litter.
Outside storage or display of merchandise or equipment shall
be forbidden. However, this section shall not apply to outside storage
of motor vehicles, trailers, campers, boats, horticulture or agricultural
products or equipment, utility sheds, outdoor furniture or other similar
merchandise held for retail sale. This section shall apply, but not
be limited to storage of merchandise or equipment in trailers, motor
vehicles, shacks, sheds or other outside containers, unless specifically
approved by the Township Planning Board or Board of Adjustment.
Parking lots or areas, including the entrances and exits thereto, shall be kept in a good state of repair and maintained so as to comply with § 303-7 of this code. Signs indicating ownership and use restrictions shall be maintained in good repair, clearly visible to potential parkers. Striping, where appropriate, shall indicate spaces, direction of flow and entrances and exits and be maintained so as to assure visibility.
The owner, operator and occupant 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 remove all garbage that accumulates, more
frequent removal shall be required. The same requirement applies to
recyclable materials, however the frequency of removal shall be once
per week, and if once per week is not sufficient, then more frequent
removal shall be required.
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 operator and occupant shall be responsible for the elimination
of infestation in and on the premises subject to his control.
No person shall deposit any litter on the ground in or about
any commercial premises.
The owner and operator of every shopping area shall be responsible
for providing, maintaining and policing the following:
A.
Means of ingress and egress shall be clearly marked by signs.
B.
Parking spaces shall be clearly marked by painted lines.
C.
Arrows shall be painted at each end of a lane indicating the appropriate
direction for the flow of traffic.
D.
A trash basket with at least a twenty-gallon capacity shall be provided
for each 150 feet of store frontage in the shopping area. These baskets
shall be placed in the walking area or pedestrian area and shall be
provided with tight-fitting covers fitted with hinged doors and shall
not be allowed to overflow.
E.
Fire zones should be kept clear of all vehicular traffic and parking,
as designated by the Fire Prevention Official of the Township of Stillwater.
It shall be the duty of owners and operators, where parking
spaces and lanes are provided for their customers, to see that all
parking is done in conformity with the spaces provided and that the
flow of traffic conforms to the directional arrows painted in the
lanes between the parking spaces.
Where violation(s) exist on the premises, the Code Enforcement
Officer, Construction Official, State Police or Health Officer may
order the owner, operator or occupant to correct the violation or
condition within the period of time consistent with the hazard involved
and with the measures necessary to remove the hazard; and, upon the
failure of the owner, operator or occupant to correct said violation
or condition, the Code Enforcement Officer, Construction Official,
State Police or Health Officer shall have the right to abate the same.
Any abatement by the Township of Stillwater shall be subject to approval
by the Township Committee, appropriation of funds by the Township
Committee and confirmation of available funds.
Where abatement of any nuisance, as defined herein, or correction
of a defect on the premises or the maintenance of the premises in
a proper condition to conform to applicable ordinances of the Township
of Stillwater or the laws of the State of New Jersey requires expenditure
of the Township of Stillwater's money therefor, the Code Enforcement
Officer, Construction Official, State Police or Health Officer shall
present a report of the work accomplished to the governing body, along
with a summary of the proceedings undertaken to secure compliance,
including notice served upon owners, operators, occupants or their
agents, as the case may be, by certified mail, overnight delivery
by a reputable delivery services (including but not limited to the
United States Postal Service, Federal Express and United Parcel Service).
The governing body shall then approve the expenditures made and assess
the same against the premises as a lien, enforceable in the same manner
as property taxes and municipal utility charges, and may also be enforceable
by all means as provided by law. A copy of the resolution approving
said expenses shall be certified by the Municipal Clerk and filed
with the Tax Collector, who shall be responsible for collection of
the lien thereof, and a copy of the report and resolution shall be
sent by certified mail, return receipt requested, to the owner.
A.
Except as provided in § 303-22 hereof, where violations of this code or the regulations hereunder are found to exist, a written notice from the Code Enforcement Officer and/or Construction Official shall be served upon the person or persons responsible for the correction thereof.
B.
Notice shall be served personally or by certified mail, addressed
to the last known address of the person to be served. In the case
of an occupant, notice may be posted upon the main entrance door of
the building, and in the case of an owner who does not reside within
the corporate limits of the Township of Stillwater, the last known
address shall be the address of the owner as shown in the office of
the Tax Collector.
C.
The notice shall specify the violation or violations committed, what
must be done to correct the same, a reasonable amount of time, not
to exceed 30 days, to abate the violation.
D.
In the event that the violation is not abated, removed, cured or
otherwise fully remedied within the time period prescribed in the
initial notice or extended time period as permitted by the Code Enforcement
Officer, a summons shall then be issued against such person or persons
charged with the violation.
Any person violating any provision of this article shall, upon
conviction, be punishable by a fine not exceeding $1,250 or imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof. Each violation
of any of the provisions of this article and each day that such offense
shall continue shall be deemed to be a separate and distinct offense.
