[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
(a) Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
(b) Terms defined in other codes. Where terms are not defined in this
article and are defined in the Uniform Construction Code, they shall
have the same meanings ascribed to them as in the Uniform Construction
Code.
(c) Terms not defined. Undefined terms shall have their ordinarily accepted
meanings.
(d) The word "shall" is always mandatory and not merely directory.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018; 9-22-2020 by G.O. No. 2190]
As used in this chapter, the following terms shall have the
meanings indicated:
APPROVED
As applied to material, device or method of construction,
shall mean approved by other authority designated by law to give approval
in the matter in question.
BLIGHTED CONDITION
A condition when the premises are in a state of deterioration
so as to present a distracting appearance to the neighborhood.
CONDEMN
To determine unfit for use or occupancy.
CONDEMNATION
The act of condemning in accordance with this Exterior Property
Maintenance Code or the Uniform Construction Code.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
ENFORCEMENT OFFICER
The enforcement officer shall be a properly qualified Town
employee as designated from time to time by the Town Administrator,
including, without limitation, the Town Construction Official. More
than one enforcement officer may be designated by the Town Administrator.
EXTERIOR PROPERTY MAINTENANCE CODE COMMITTEE
A committee of Town officials consisting of the Town Administrator,
the Town Engineer, the Town Health Officer, the Town Construction
Official and the Town Planner or their respective designees. Any hearing
before such Committee shall be attended by at least three of such
persons.
EXTERMINATION
The control and elimination of insects, rats or pests by
eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; or by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
GARBAGE
The animal, vegetable and other organic waste resulting from
the handling, preparation, cooking and consumption of food.
INFESTATION
The presence within or contiguous to a structure or premises
of rats, vermin or other rodents, squirrels, skunks or raccoons.
INVASIVE PLANT SPECIES
All native and non-native vines and vegetation that grow
out of place and are competitive, persistent, and pernicious. These
plants may damage trees, vegetation, or structures. Examples include,
but are not limited to, bamboo (spreading or running type), ragweed,
multiflora rose, kudzu vine and poison ivy or oak.
MAINTENANCE
The acts of repair and other acts to prevent a decline in
the condition of grounds, structures and equipment such that the condition
does not fall below the standards established by this Exterior Property
Maintenance Code and other applicable statutes, codes and ordinances.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS-4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Town or other public body, and is designed and used for collecting
and conveying stormwater.
OCCUPANT
Any person, including domestic service employees, living
and/or sleeping in a dwelling unit or having possession of a space
within a structure.
OPERATOR
Any person who has charge, care or control of a premises,
or part thereof, whether with or without the knowledge and consent
of the owner.
OWNER
Any person having the legal or equitable interest in the
property; or recorded in the official records of state, county or
municipality as holding title to the property; or otherwise having
control of the property, including the guardian of the estate of any
such person and the executor or administrator of the estate of such
person if ordered to take possession of real property by a court.
PERSON
Any individual, corporation, company, partnership, limited-liability
company, firm, trust, association, or political subdivision of this
state subject to municipal jurisdiction.
PREMISES
A lot, plot or parcel of land, including any buildings or
structures thereon.
PUBLIC NUISANCE
Shall mean and include, without limitation, the following:
(a)
The physical condition or use of any premises which is recognized
in law or equity jurisprudence, or as provided by the Statutes of
the State of New Jersey or in the ordinances of the Town as a public
nuisance;
(b)
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including
but not limited to abandoned wells, shafts, basements and excavations;
(c)
Any premises which has unsanitary sewage facilities;
(d)
Any premises designated as unsafe for human habitation or use;
(e)
Any premises on which is stored flammable substances in an unsafe
manner;
(f)
Any premises with respect to which the required precautions
against trespassers have not been provided;
(g)
Any premises which is unsanitary or which is littered with rubbish
or garbage or which has an uncontrolled growth of grass, weeds, invasive
plant species, or other vegetation and/or which premises is deficient
of an established front lawn;
(h)
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; open or abandoned; damaged
by fire to the extent as not to provide shelter, in danger of collapse
or failure and dangerous to anyone on or near the premises.
RUBBISH
All combustible and noncombustible waste material, or packaged
recyclables, except garbage, including, without limitation, paper,
cartons, boxes, wood, rubber, plastic, leather, tree branches, tree
limbs or tree roots, tree rounds, yard trimmings, metal containers,
glass, dead animals, excavation materials, abandoned bricks and other
construction materials, industrial waste and abandoned motor vehicles
and boats.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
STRUCTURE
Any assembly of materials forming a construction, including,
but not limited to, buildings, stadiums, tents, platforms, towers,
poles, aboveground and below ground storage tanks, trestles, sheds,
bins, shelters, fences, walls, mobile homes or trailers, portable
buildings, display racks and signs, swimming pools, tennis courts,
decks and patios.
SUPPLIED
Installed, furnished or provided by the owner or operator.
UNIFORM CONSTRUCTION CODE
The Uniform Construction Code adopted by the State of New
Jersey for the regulation of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of buildings
and structures.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.