[Ord. No. 2016-53; Ord. No. 2018-40]
The provisions of this chapter shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
The owner of the premises shall maintain the structures and
exterior property in compliance with these requirements, except as
otherwise provided for in this Code. A person shall not occupy as
owner-occupant or permit another person to occupy premises that are
not in a sanitary and safe condition and that do not comply with the
requirements of this chapter.
Occupants of a dwelling unit, rooming unit or housekeeping unit
are responsible for keeping in a clean, sanitary and safe condition
that part of the dwelling unit, rooming unit, housekeeping unit or
premises which they occupy and control.
Vacant structures and premises thereof or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
the public health or safety.
All equipment, materials or products to which have been affixed
a label, seal, symbol or other identifying how they are to be property
installed, maintained, etc.
All other ordinances or parts of ordinances, or rules, regulations,
etc., in conflict herewith with regards to Code Enforcement activities
are hereby repealed to the extent of such consistency, except where
such other ordinances or parts of ordinances provide for a higher
or more stringent standard, in which event, that higher or more stringent
standard shall apply.
All other ordinances or parts of ordinances, or rules, regulations,
etc., in conflict herewith with regards to other Federal, State, County
or local are hereby repealed to the extent of such consistency, except
where such other ordinances or parts of ordinances provide for a higher
or more stringent standard, in which event, that higher or more stringent
standard shall apply. Nothing shall permit the Code Official to write
a corrective action notice or citation based upon these codes.
Willful Damage. Every occupant shall be liable for willfully
or maliciously causing damage to any part of the premises that results
in a violation of this Code. Any adult occupant shall be responsible
and liable for any violation of this Code caused by minors under their
care or custody occupying the same unit of dwelling space, if the
violations were permitted to continue with the knowledge or acquiescence
or consent of the adult member.
As used in this section:
Trash or debris shall mean and include the following:
Automobile left standing in an unlicensed and unusable state
or condition, or parts thereof left outside of an enclosed garage,
scraps of metal, wood, pieces of stone, cement, cans, bottles, scrap
paper, or a combination thereof, left in such a condition as to create
an unsightly, unhealthful, unsafe, or unsanitary condition, or in
such manner as would constitute a fire or health hazard.
Exterior property and premises shall be maintained in a clean,
safe and sanitary condition. The occupant shall keep that part of
the exterior property that such occupant occupies or controls in a
clean and sanitary condition, free of trash or debris.
It shall be the duty of any owner or tenant or person in possession
of any lands in the City:
a.
To keep such lands free of brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris, where
the same are inimical to the preservation of public health, safety
or general welfare of the City, or which may constitute a fire hazard;
b.
Where the lands abut or border upon any public street or alley in
the City, to remove all grass, weeds, brush and other debris from
that part of the street or alley bordering on their respective lands.
Premises shall be graded and maintained to prevent the erosion
of soil and to prevent the accumulation of stagnant water thereon,
or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
It is hereby declared to be the duty of the owner or owners
of any and all lots in this City to fill and cause each and every
lot to be maintained properly filled to grade at all times. This requirement
shall apply to vacant lands, areas of lands not plotted into lots
and lots upon which improvements are erected.
Sidewalks, walkways, stairs, driveways, parking spaces and similar
areas shall be kept in a proper state of repair, and maintained free
from hazards.
Premises and exterior property shall be maintained free from
weeds, moss, algae or plant growth in excess of six inches. Noxious
weeds shall be prohibited. Weeds shall be defined as all grasses,
annual plants and vegetation, other than trees or shrubs provided;
however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 13-107.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. A bill may be sent or a lien placed upon said property.
Upon mailing date of the notice of violation, owner or agent
having charge of a property to cut and destroy weeds after service,
the owner shall have one calendar week to abate the issue and then
the City shall be authorized to enter the property. A bill may be
sent or a lien placed upon said property.
Structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be
promptly exterminated by approved processes that will not be injurious
to human health.
After pest elimination as per Section 13-309, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
Pipes, ducts, conductors, fans or blowers shall not discharge
gases, steam, vapor, hot air, grease, smoke, odors or other gaseous
or particulate wastes directly upon abutting or adjacent public or
private property or that of another tenant.
Accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
Except as provided for in other regulations, no inoperative
or unlicensed motor vehicle shall be parked, kept or stored on any
premises, and no vehicle shall at any time be in a state of major
disassembly, disrepair, or in the process of being stripped or dismantled.
Painting of vehicles is prohibited unless conducted inside an approved
spray booth.
a.
Automobile(s) left standing in an unlicensed and unusable state or
condition, or parts thereof left outside of an enclosed garage, so
as to be accessible to children, rodents, vermin, or insect pests,
or in such condition or location as to create an unsightly appearance
to neighboring property owners or the general public are prohibited.
Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.
b.
No trailer of any size for vehicle repair which provides enclosed
storage shall be parked, kept or stored on any premises. This prohibition
shall not apply to trash, refuse or recycling containers or to any
trailer owned by the municipality or being used in connection with
any temporary function, including a circus or carnival, which is approved
by the municipality.
No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said
surface to an approved state of maintenance and repair.
The City Council of the City of Asbury Park finds graffiti on
public or private property a blighting element, which leads to depreciation
of the value of property that has been targeted by such vandalism
and depreciates the value of the adjacent and surrounding properties
to the extent that graffiti creates a negative impact upon the entire
City.
The City Council finds and determines that graffiti is obnoxious
and a public nuisance, and must be eliminated by means of prevention,
education and abatement to avoid the detrimental impact of such graffiti
on the City and its residents, and to prevent the further spread of
graffiti.
The purpose and intent of the City Council, through the adoption
of this section, is to provide additional enforcement tools to protect
public and private property from acts of vandalism and defacement.
It is the further intent of the City Council, through the adoption
of this section, to provide notice to all of those who disregard the
property rights of others, that the law enforcement agencies of the
City, the Departments of Code Enforcement and Neighborhood Preservation
and the City Attorney, will strictly enforce the law and vigorously
prosecute those persons engaging in violations of this section.
shall mean any aerosol container, which is adapted or made
for the purpose of spraying paint or other substance capable of defacing
property.
shall mean any tipped style marker or similar implement with
a tip which, at its broadest width, is one-eighth (1/8) inch, or greater.
shall mean any unauthorized inscribing, word, figure, or
design which is marked, etched, scratched, drawn, painted, pasted
or otherwise affixed to or on any surface, regardless of the nature
of the material of that structural component, to the extent the same
was not authorized in advance by the owner thereof, or despite advance
authorization, is otherwise deemed by the City Council to be a public
nuisance.
shall mean an aerosol paint container, a felt tip marker,
or any other device containing any solution or substance capable of
being used to leave a visible mark at least one-eighth (1/8) of an
inch in width upon any surface.
a.
The City Council hereby declares and finds graffiti to be a
nuisance subject to abatement according to the provisions and procedures
herein contained and as authorized by New Jersey Statutes N.J.S.A.
40:48-1 et seq.
b.
The existence of any surface of a structure on any privately
owned parcel of land which has been defaced with graffiti after removal
more than five (5) times in twelve (12) months is hereby deemed to
be a nuisance, and may be abated by the City by order of the City
Council requiring modifications thereto, or to the immediate area
surrounding same. Such modifications may include, but are not limited
to retrofitting of such surfaces at the expense of the property owner(s)
of said lot, with such features or qualities as may be established
by the City as necessary to reduce the attractiveness of the surface
for graffiti, or as necessary to permit more convenient, expedient
or efficient removal of graffiti therefrom.
a.
No person shall place graffiti or other writing upon any public
or privately owned tree or structures including, but not limited to,
buildings, walls, fences, poles, sidewalks and signs, ("structures"
hereinafter in this section) located within the City. It shall also
be unlawful for any person to apply or affix any adhesive backed label,
sticker, "bumper sticker" or similar item, to any tree or structure
not owned or lawfully possessed by such person.
b.
No person owning or otherwise in control of any real property
within the City shall permit or allow any graffiti to be placed upon
or remain on any structure located on such property.
Possession of any graffiti implement by any person under the
age of eighteen (18) years with the intent to deface property while
upon public or private property shall be unlawful unless that minor
has received the consent of the owner of such private property whose
consent to such possession and presence is given in writing in advance
or unless that minor is accompanied by and under the supervision of
a parent or legal guardian. This provision shall not apply to the
possession of felt tip markers by minors attending, or traveling to
or from a school at which the minor is enrolled, if the minor is participating
in a class at said school, which formally requires possession of such
felt tip markers. The burden of proof in any prosecution for violation
of this subsection shall be upon the minor student to establish the
need to possess a felt tip marker.
Possession of any graffiti implement by any person under the
age of eighteen (18) years with the intent to deface property while
in any public park, playground, swimming pool, recreational facility,
or while in or within ten (10) feet of an underpass, bridge abutment,
storm drain, or other similar type of infrastructure not normally
used by the public shall be unlawful except as may be authorized by
the City or unless that minor is accompanied by and under the supervision
and control of a parent or legal guardian.
Furnishing of Graffiti Implements to Minors Prohibited. It shall
be unlawful for any person, other than a parent or legal guardian,
to sell, exchange, give, loan, or otherwise furnish, or cause or permit
to be exchanged, given, loaned, or otherwise furnished, any graffiti
implement to any minor without the consent of the parent or lawful
guardian which consent shall be given in advance in writing.
a.
In the event graffiti is found, the City shall provide the owner
of record written notice of an order to remove said graffiti be certified
mail and regular mail, which order shall afford the owner the opportunity
to remove the graffiti within sixty (60) days of the date that the
notice is sent, however, any government agency or department shall
be afforded one hundred twenty (120) days from the date that the notice
is sent to remove graffiti from property owned by the agency or department.
b.
The City's order to remove shall contain a form to be utilized
by a property owner to inform the City that the graffiti has been
removed and shall contain a certification stating that by affixing
a signature to the form indicating that the graffiti has been removed,
the owner is certifying that the facts set forth therein are true
and that the certification shall be considered as if made under oath
and subject to the same penalties as provided by law for perjury.
A property owner who has been ordered to remove graffiti shall
respond to the City by personal delivery or certified mail:
A property owner who objects to an order to remove graffiti
may institute an action challenging the order before a court of competent
jurisdiction within forty-five (45) days of the date of the order.
a.
If a property owner does not undertake the removal of graffiti
within sixty (60) days of the date of the order, or in the case of
the Department of Transportation, within one hundred twenty (120)
days of the date of the order, unless an action challenging the order
to remove graffiti is still pending, the City may remove the graffiti
from that property and present the property owner with a detailed
itemization of the costs incurred by the City, by certified mail and
regular mail, for reimbursement from the property owner.
b.
Whenever the City undertakes the removal of graffiti from any
building, structure or other exposed surface, the City Council, in
addition to assessing the cost of removal as municipal lien against
the premises, may enforce the payment of such assessment, together
with interest, as a debt of the owner of the property and may authorize
the institution of an action at law for the collection thereof. The
Superior Court shall have jurisdiction of any such action.
a.
Whenever the City becomes aware, or is notified and determines
that graffiti is so located on public or privately owned property
viewable from a public or quasi-public place within the City, the
City shall be authorized to use public funds for the removal of same,
or for the painting or repairing of same, but shall not authorize
or undertake to provide for the painting or repair of any more extensive
area than that where the graffiti is located, unless the City Manager,
or designee, determines in writing that a more extensive area is required
to be repainted or repaired in order to avoid aesthetic disfigurement
to the neighborhood or community, or unless the responsible party
agrees to pay for the costs of repainting or repairing the more extensive
area. Refer to 302.10.10.
b.
Right of Entry on Private Property.
1.
Securing Owner Consent. Prior to entering upon private property
or property owned by a public entity other than the City, for the
purposes of removal of graffiti, the City shall attempt to secure
the consent of the responsible party, and a release of the City from
liability for private or public property damage.
2.
Failure to Obtain Owner Consent. If a responsible party fails
to remove the offending graffiti within the time herein specified,
or if the City shall have requested consent to remove or paint over
the offending graffiti and the responsible party shall have refused
consent for entry on terms acceptable to the City consistent with
the terms of this subsection, the City may commence abatement and
cost recovery proceedings for the removal of the graffiti pursuant
to the nuisance abatement authority granted by the State of New Jersey,
which authority includes the recovery of all costs incurred by the
City in abating graffiti and recordation of lien as to affected property.
[Amended 2-23-2022 by Ord. No. 2022-1]
The owner(s) or tenant(s) of premises abutting or bordering
upon any street, roadway, alleyway or lane in the City of Asbury Park
shall remove all snow or ice from the abutting sidewalks of such streets.
In the case of ice which may be so frozen as to make removal impractical,
the owner(s), occupant(s) or tenant(s) shall cause the same to be
thoroughly covered with sand, salt or cinders. Removal of snow and
ice, or treatment of ice where required, shall be done within twelve
(12) hours of daylight after snow falls or ice is formed on said sidewalks.
In the event of a declared State of Emergency by the Federal Government,
Governor or the City, the removal of snow and ice shall be completed
within twenty-four (24) hours.
All dumpsters shall be set upon plywood to protect the surface against ruts. This applies to dumpsters on private property, a roadway, alley, or within the right-of-way. A property owner's use of a dumpster is subject to the requirements of § 3-15.1 et seq. of the City Code.
All dumpsters shall be property specific and not to be shared
unless by adjacent properties.
Trees shall be maintained to a good visual standard or in accordance
with ANSI standards. All tree roots shall not impede or damage existing
infrastructure such as sidewalks or fences.
Whenever any Code Official or Inspector, Police Officer or Special
Police Officer deems it necessary and expedient for the preservation
of the public health, safety, general welfare, or the elimination
of a fire hazard, or upon investigation of a complaint of any resident,
officer or employee of the City, he may order the owner, tenant or
person in possession of any lands on which any brush, grass, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash or other debris are found to exist, to remove same within three
(3) days or to cause the removal thereof if the order is not complied
with.
After an investigation of a complaint of any resident, officer or employee of the City, or upon his own motion, any City Code Official or Inspector, Police Officer or Special Police Officer or other City Official appointed or directed by the City Manager (or designee) shall proceed with regard to the manner of service of notice to remove the contents thereof as provided in Section 13-107 et seq. herein.
In the event the owner, tenant or person in possession of the
lands in question refuses or neglects to abate or remedy the condition
complained of within three (3) days after receipt of notice, any City
Code Official or Inspector, Police Officer or Special Police Officer
may cause the condition complained of to be abated and remedied by
referral to the City Department of Public Works, which Department
shall then certify the cost thereof to the City Tax Collector, who
shall cause the cost as shown thereon to be charged against the lands.
The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form a part of the taxes next
to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, which shall be collected and enforced by
the Tax Collector in the same manner as taxes. Costs shall be in addition
to any penalties imposed for a violation of this section.
In the event that the order for removal of trash or debris is
as a result of the trash or debris being located on the City right-of-way
and the owner, tenant or person in possession of the lands in question
refuses or neglects to abate or remedy the condition complained of
within forty-eight (48) hours after receipt of notice, any City Code
Official or Inspector, Police Officer or Special Police Officer may
cause the condition complained of to be abated and remedied by referral
to the City Department of Public Works, which Department shall then
certify the cost thereof to the City Tax Collector, who shall cause
the cost as shown thereon to be charged against the lands. The amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form a part of the taxes next to be assessed
and levied upon such lands, the same to bear interest at the same
rate as taxes, which shall be collected and enforced by the Tax Collector
in the same manner as taxes. Costs shall be in addition to any penalties
imposed for a violation of this section.
a.
Violations and Penalties. All violators of this section shall be
subject to a penalty of no less than two hundred fifty ($250) dollars
for each violation or thirty (30) days community service or both.
Each and every day in which a violation of this section exists
shall constitute a separate violation subject to a penalty.
The provisions of this section shall not apply to a regular
established and licensed business known as a towing operator's storage
yard, which business is subject to the special regulations provided
in the City Code.
It shall be the responsibility of any owner, tenant or occupant
of any parcel of land within the City to cut all brush, hedges and
other plant life growing within ten (10) feet of any roadway and within
twenty-five (25) feet of any intersection of two (2) roadways, to
a height of not more than two and one-half (2 1/2) feet provided
such shall be necessary and expedient for the preservation of the
public safety. The owner, tenant or occupant shall have ten (10) days
after notice to cut the same.
At least once in each calendar year the Department of Neighborhood
Preservation may examine all roadways in the City and make a determination
of each parcel of land where it is necessary and expedient for the
preservation of the public safety to have any brush, hedges or other
plant life cut in accordance with this section of the provisions of
N.J.S.A. 40:48-2.26 and 40:48-2.27.
When the Department of Neighborhood Preservation ascertains
that there is a parcel of land on which exist the conditions described
in this section, it shall cause notice to be given to the owner, tenant
or occupant of the land to cut the brush, hedges or other plant life
within ten (10) days after the notice is given. The notice shall be
given in writing, either personally or by the United States certified
mail. If neither method of giving notice is possible or practical,
notice may be given by posting it in a prominent place on the parcel
of land.
If the owner, tenant or occupant fails to cut the brush within
ten (10) days, the Public Works Director shall direct a City employee
or arrange for an independent contractor, to cut the brush, hedges
or other plant life. Where such cutting is done by the Public Works
Director, or any other person, or under his direction, he shall certify
the cost thereof to the City Tax Collector who shall cause the cost
as shown thereon to be charged against the land. The amount so charged
shall forthwith become a lien upon the lands and shall be added to
and become and form part of the taxes next to be assessed and levied
upon the lands, the same to bear interest at the same rate as other
taxes and shall be collected and enforced by the same officers and
in the same manner as taxes.
Swimming pools shall be maintained in a clean and sanitary condition,
and in good repair. All pools shall comply with existing zoning code
and other State and local statutes; the stricture regulation shall
apply.
Private swimming pools, hot tubs and spas, containing water
more than 24 inches (610 mm) in depth shall be completely surrounded
by a fence or barrier not less than 48 inches (1219 mm) in height
above the finished ground level measured on the side of the barrier
away from the pool. Gates and doors in such barriers shall be self-closing
and self-latching. Where the self-latching device is not less than
54 inches (1372 mm) above the bottom of the gate, the release mechanism
shall be located on the pool side of the gate. Self-closing and self-latching
gates shall be maintained such that the gate will positively close
and latch when released from an open position of 6 inches (152 mm)
from the gatepost. No existing pool enclosure shall be removed, replaced
or changed in a manner that reduces its effectiveness as a safety
barrier.
Exception: Spas or hot tubs with a safety cover that complies
with ASTM F 1346 shall be exempt from the provisions of this section.
The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the
public health, safety or welfare.
a.
The following conditions shall be determined as unsafe and shall
be repaired or replaced to comply with the New Jersey Uniform Construction
Code as required for existing buildings:
1.
The nominal strength of any structural member is exceeded by
nominal loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and
of walls and columns to foundations is not capable of resisting all
nominal loads or load effects;
3.
Structures or components thereof that have reached their limit
state;
4.
Siding and masonry joints including joints between the building
envelope and the perimeter of windows, doors and skylights are not
maintained, weather resistant or water tight;
5.
Structural members that have evidence of deterioration or that
are not capable of safely supporting all nominal loads and load effects;
6.
Foundation systems that are not firmly supported by footings,
are not plumb and free from open cracks and breaks, are not properly
anchored or are not capable of supporting all nominal loads and resisting
all load effects;
7.
Exterior walls that are not anchored to supporting and supported
elements or are not plumb and free of holes, cracks or breaks and
loose or rotting materials, are not properly anchored or are not capable
of supporting all nominal loads and resisting all load effects;
8.
Roofing or roofing components that have defects that admit rain,
roof surfaces with inadequate drainage, or any portion of the roof
framing that is not in good repair with signs of deterioration, fatigue
or without proper anchorage and incapable of supporting all nominal
loads and resisting all load effects;
9.
Flooring and flooring components with defects that affect serviceability
or flooring components that show signs of deterioration or fatigue,
are not properly anchored or are incapable of supporting all nominal
loads and resisting all load effects;
10.
Veneer, cornices, belt courses, corbels, trim, wall facings
and similar decorative features not properly anchored or that are
anchored with connections not capable of supporting all nominal loads
and resisting all load effects;
11.
Overhang extensions or projections including, but not limited
to, trash chutes, canopies, marquees, signs, awnings, fire escapes,
standpipes and exhaust ducts not properly anchored or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects;
12.
Exterior stairs, decks, porches, balconies and all similar appurtenances
attached thereto, including guards and handrails, are not structurally
sound, not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects; or
13.
Chimneys, cooling towers, smokestacks and similar appurtenances
not structurally sound or not properly anchored, or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects.
14.
Other items deemed in accordance with this section:
Exterior surfaces, including but not limited to, doors, door
and window frames, cornices, porches, trim, balconies, decks and fences,
shall be maintained in good condition. Exterior wood surfaces, other
than decay-resistant woods, shall be protected from the elements and
decay by painting or other protective covering or treatment. Peeling,
flaking and chipped paint shall be eliminated and surfaces repainted.
Siding and masonry joints, as well as those between the building envelope
and the perimeter of windows, doors and skylights, shall be maintained
weather resistant and water tight. Metal surfaces subject to rust
or corrosion shall be coated to inhibit such rust and corrosion, and
surfaces with rust or corrosion shall be stabilized and coated to
inhibit future rust and corrosion. Oxidation stains shall be removed
from exterior surfaces. Surfaces designed for stabilization by oxidation
are exempt from this requirement. Any repairs and/or replacement must
match, or be similar to, the style and color of the existing.
Buildings shall have approved address numbers placed in a position
to be plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be not less than 3 inches (102 mm) in height with a minimum
stroke width of 0.5 inch (12.7 mm). Additional or more stringent State
regulations may apply; the more stringent regulations shall be the
governing regulations.
Structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live
loads. Any repairs and/or replacement must match, or be similar to,
the style and color of the existing.
Foundation walls shall be maintained plumb and free from open
cracks and breaks and shall be kept in such condition so as to prevent
the entry of rodents and other pests.
Exterior walls shall be free from holes, breaks, and loose or
rotting materials; and maintained weatherproof and properly surface
coated where required to prevent deterioration.
The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure.
Roof drains, gutters and downspouts shall be maintained in good repair
and free from obstructions. Roof water shall not be discharged in
a manner that creates a public nuisance. Any repairs and/or replacement
must match, or be similar to, the style and color of the existing.
Cornices, belt courses, corbels, terra cotta trim, wall facings
and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
Overhang extensions including, but not limited to, canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts shall be maintained in good repair and be properly anchored
so as to be kept in a sound condition. Where required, all exposed
surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
Chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained structurally safe and sound, and in good repair.
Exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
Every window, skylight, door and frame shall be kept in sound
condition, good repair and weather tight.
Glazing materials shall be maintained free from cracks and holes.
Every window, other than a fixed window, shall be easily openable
and capable of being held in position by window hardware.
Every door, window and other outside opening required for ventilation
of habitable rooms, food preparation areas, food service areas or
any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall
be supplied with approved tightly fitting screens of minimum 16 mesh
per inch (16 mesh per 25 mm), and every screen door used for insect
control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved
means, such as air curtains or insect repellent fans, are employed.
Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 13-702.3.
Every basement hatchway shall be maintained to prevent the entrance
of rodents, rain and surface drainage water. Handles shall be in good
working order.
Every basement window that is openable shall be supplied with
rodent shields, storm windows or other approved protection against
the entry of rodents or the elements.
Doors, windows or hatchways for dwelling units, room units or
housekeeping units shall be provided with devices designed to provide
security for the occupants and property within.
Doors providing access to a dwelling unit, rooming unit or housekeeping
unit that is rented, leased or let shall be equipped with a deadbolt
lock designed to be readily openable from the side from which egress
is to be made without the need for keys, special knowledge or effort
and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt
locks shall be installed according to the manufacturer's specifications
and maintained in good working order. For the purpose of this section,
a sliding bolt shall not be considered an acceptable deadbolt lock.
Bedrooms shall not have exterior keys or locks.
Operable windows located in whole or in part within 6 feet (1828
mm) above ground level or a walking surface below that provide access
to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with a window sash locking device.
Basement hatchways that provide access to a dwelling unit, rooming
unit or housekeeping unit that is rented, leased or let shall be equipped
with devices that secure the units from unauthorized entry.
Exterior gates, gate assemblies, operator systems if provided,
and hardware shall be maintained in good condition. Latches at all
entrances shall tightly secure the gates.
The interior of a structure and equipment therein shall be maintained
in good repair, structurally sound and in a sanitary condition. Occupants
shall keep that part of the structure that they occupy or control
in a clean and sanitary condition. Every owner of a structure containing
a rooming house, housekeeping units, a hotel, a dormitory, two or
more dwelling units or two or more nonresidential occupancies, shall
maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
a.
The following conditions shall be determined as unsafe and shall
be repaired or replaced to comply with the International Building
Code or the International Existing Building Code as required for existing
buildings:
1.
The nominal strength of any structural member is exceeded by
nominal loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and
of walls and columns to foundations is not capable of resisting all
nominal loads or load effects;
3.
Structures or components thereof that have reached their limit
state;
4.
Structural members are incapable of supporting nominal loads
and load effects;
5.
Stairs, landings, balconies and all similar walking surfaces,
including guards and handrails, are not structurally sound, not properly
anchored or are anchored with connections not capable of supporting
all nominal loads and resisting all load effects;
6.
Foundation systems that are not firmly supported by footings
are not plumb and free from open cracks and breaks, are not properly
anchored or are not capable of supporting all nominal loads and resisting
all load effects.
Structural members shall be maintained structurally sound, and
be capable of supporting the imposed loads.
Interior surfaces, including but not limited to, windows, walls,
and doors, shall be maintained in good, clean and sanitary condition.
Peeling, chipping, flaking or abraded paint shall be repaired, removed
or covered. Cracked or loose plaster, decayed wood and other defective
surface conditions shall be corrected.
Every stair, ramp, landing, balcony, porch, deck or other walking
surface shall be maintained in sound condition and good repair. Peeling,
chipping, flaking or abraded paint shall be repaired, removed or covered.
Cracked or loose plaster, decayed wood and other defective surface
conditions shall be corrected.
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
Every interior door shall fit reasonably well within its frame
and shall be capable of being opened and closed by being properly
and securely attached to jambs, headers or tracks as intended by the
manufacturer of the attachment hardware.
Cabinets and/or shelves for the storage of eating, drinking,
and cooking equipment and utensils and of food that, under ordinary
summer conditions, does not require refrigeration for safe keeping;
and a counter or table for food preparation are required. All cabinets
and/or shelves and counter or table shall be of sound construction
furnished with surfaces that are easily cleanable and that will not
impart any toxic or harmful effect on food.
The components of a structure and equipment therein shall be
maintained in good repair, structurally sound and in a sanitary condition.
a.
Where any of the following conditions cause the component or system
to be beyond its limit state, the component or system shall be determined
as unsafe and shall be repaired or replaced to comply with the, existing
State or local laws or regulations, International Building Code or
the International Existing Building Code as required for existing
buildings:
1.
Soils that have been subjected to any, but not limited to, the
following conditions:
1.1.
Collapse of footing or foundation system;
1.2.
Damage to footing, foundation, concrete or other
structural element due to soil expansion;
1.3.
Adverse effects to the design strength of footing,
foundation, concrete or other structural element due to a chemical
reaction from the soil;
1.4.
Inadequate soil as determined by a geotechnical investigation;
1.5.
Where the allowable bearing capacity of the soil
is in doubt; or
1.6.
Adverse effects to the footing, foundation, concrete
or other structural element due to the ground water table.
4.
Masonry that has been subjected to any, but not limited to the
following conditions:
6.
Wood that has been subjected to any of, but not limited to,
following conditions:
6.1.
Ultimate deformation;
6.2.
Deterioration;
6.3.
Damage from insects, rodents and other
vermin;
6.4.
Fire damage beyond charring;
6.5.
Significant splits and checks;
6.6.
Horizontal shear cracks;
6.7.
Vertical shear cracks;
6.8.
Inadequate support;
6.9.
Detached, dislodged or failing connections;
or
6.10.
Excessive cutting and
notching.
b.
Exceptions:
Where substantiated otherwise by an approved method.
Demolition of unsafe conditions shall be permitted where approved
by the Code Official.
Every exterior and interior flight of stairs having more than
four risers shall have a handrail on one side of the stair and every
open portion of a stair, landing, balcony, porch, deck, ramp or other
walking surface that is more than 30 inches (762 mm) above the floor
or grade below shall have guards. Handrails shall be not less than
30 inches (762 mm) in height or more than 42 inches (1067 mm) in height
measured vertically above the nosing of the tread or above the finished
floor of the landing or walking surfaces. Guards shall be not less
than 30 inches (762 mm) in height above the floor of the landing,
balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the
adopted building code.
Exterior property and premises, and the interior of every structure,
shall be free from any accumulation of rubbish or garbage.
Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in approved containers.
The owner of every occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible
for the removal of rubbish.
Refrigerators and similar equipment not in operation shall not
be discarded, abandoned or stored on premises without first removing
the doors.
Every occupant of a structure shall dispose of garbage in a
clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
The owner of every dwelling shall supply one of the following:
an approved mechanical food waste grinder in each dwelling unit; an
approved incinerator unit in the structure available to the occupants
in each dwelling unit; or an approved leak proof, covered, outside
garbage container.
The operator of every establishment producing garbage shall
provide, and at all times cause to be utilized, approved leak proof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
a.
All items to be collected from curbside will be placed at curbside
in upright container, plastic bags, tied in bundles, or otherwise
contained so as to not be loose - in no case shall any container,
bag or bundle exceed 60 pounds in weight or 55 gallons. Items secured
in bundles (i.e. branches, wood, hedge clippings, carpeting) shall
not exceed 4 feet in length. Household furniture placed at curb shall
not exceed 120 pounds. Household odds and ends (i.e. a door, shutter,
and window) shall not exceed 120 pounds.
b.
Quantity to be collected from residential and non-residential premises
per pickup day shall conform to the following:
1.
Type 10 Household Trash - Not more than five containers and/or
bags per dwelling unit and non-residential establishment, per pickup
day - Total aggregate per dwelling unit or non-residential establishment
not to exceed 300 pounds.
2.
Type 13 Bulk Waste - No more than three large items - total
aggregate of items, bags, bundles or containers not to exceed 360
pounds per dwelling unit or non-residential establishment, per pickup
day. For premises having more than one dwelling unit or more than
one non-residential establishment, no more than six large bulk items
or an aggregate of 720 pounds are to be collected per pickup per building.
3.
Type 23 Yard Waste - No more than three bundles, bags or containers
per residential or non-residential unit or in the aggregate more than
180 pounds, per pickup day. For Premises having more than one dwelling
or non-residential establishment no more than six bundles, bags or
containers (aggregate) weight not to exceed 360 pounds are to be collected
per pickup day.
Structures shall be kept free from insect and rodent infestation.
Structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be injurious to human
health. After pest elimination, proper precautions shall be taken
to prevent re-infestation.
The owner of any structure shall be responsible for pest elimination
within the structure prior to renting or leasing the structure.
The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for pest elimination
on the premises.
The owner of a structure containing two or more dwelling units,
a multiple occupancy, a rooming house or a nonresidential structure
shall be responsible for pest elimination in the public or shared
areas of the structure and exterior property. If infestation is caused
by failure of an occupant to prevent such infestation in the area
occupied, the occupant and owner shall be responsible for pest elimination.
The occupant of any structure shall be responsible for the continued
rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the
structure, the owner shall be responsible for pest elimination.
