[Ord. No. 89-7 § 1]
The Township finds that certain unsafe, unsanitary, unhealthy
or illegal conditions tend to occur at various commercial and industrial
properties in the Municipality unless proper maintenance procedures
are followed. Since many persons are attracted to and actually use
the facilities at these commercial and industrial properties, the
public health, safety and welfare require prevention of unsafe, unsanitary,
unhealthy or illegal conditions on any commercial and industrial properties
in the Township.
[Ord. No. 89-7 § 2]
The purpose of this section is to protect health, safety and
welfare by establishing minimum standards governing the exterior and
interior maintenance of commercial and industrial premises and buildings;
to prescribe certain responsibilities and duties on owners and operators,
to prescribe distinct and separate responsibilities and duties on
occupants; to authorize and establish procedures for the inspection
of commercial and industrial premises and/or buildings; to fix penalties
for violations of this section; and to provide for the right of access
to permit repairs when necessary. This section is declared to be remedial
and essential for the public interest, and it is intended that it
be liberally construed to effectuate the purposes stated herein.
[Ord. No. 89-7 § 3; Ord. No. 89-12 § 1]
As used in this section:
BUILDING
Shall mean a structure having a roof supported by columns,
walls or similar structural parts, used or intended to be used for
the enclosure or shelter of persons, animals or property of any kind.
The term "building" shall include the terms "commercial or industrial
premises."
COMMERCIAL OR INDUSTRIAL PREMISES
Shall mean a lot or tract of land on which, or on any part
of which, commercial or industrial activity of any kind takes place.
Such activity includes all commercial and industrial uses permitted,
conditionally permitted or allowed as a preexisting nonconforming
use in any zoning district within the Municipality.
EXTERIOR OF PREMISES
Shall mean the exterior facades or external portions of a
building and the open space of any premises outside of any building
erected thereon which are exposed to public view.
GARBAGE
Shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
HEALTH OFFICER
Shall mean a designated Health Officer of the Municipality
or his/her authorized representative, or other authorized officer,
including any authorized representative of the Municipal Board of
Health or the Hunterdon County Health Department.
INFESTATION
Shall mean the presence of insects, rodents, vermin or other
pests within or around the premises, in sufficient numbers to constitute
a health hazard in the opinion of the Municipal Health Officer.
LAND USE CODE
Shall mean the Land Use Code of the Municipality or any rules
or regulations promulgated pursuant thereto.
LAND USE VIOLATIONS
Shall mean any violations of the Land Use Code or of the
Land Use Law of the State of New Jersey or any other State, County,
Zoning or Municipal Land Use Ordinances or Laws.
MUNICIPAL INSPECTOR
Shall mean a designated Inspector of the Municipality, or
his/her authorized representative, or other authorized Officer, including
any authorized representative of the Municipal Board of Health or
the Hunterdon County Health Department.
NUISANCE
Shall mean:
a.
Any common-law nuisance or as provided by the laws of the State
of New Jersey or Ordinances of the Municipality.
b.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building or on a lot. This includes,
but is not limited to, the following: structurally unsound fences
or structures, lumber, trash, fences, debris.
c.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
d.
Unsanitary conditions or anything unreasonably offensive or
dangerous to health or safety.
e.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings, or whatever creates an unreasonable
nuisance through odor or noise so as to deprive adjacent owners of
the quiet enjoyment of their property.
OCCUPANT
Shall mean any person over one year of age having actual
possession or use of any commercial or industrial premises and/or
building or any part thereof.
OPERATOR
Shall mean a person who has charge, care or control of commercial
or industrial premises and/or building, or any part thereof, whether
with or without the consent of the owner.
OWNER
Shall mean a person who, alone or jointly with others, has
legal or equitable title to any commercial or industrial premises
or buildings, with or without accompanying actual possession; or has
charge, care or control of any commercial or industrial premises or
buildings as owner or agent of the owner or as fiduciary, including
but not limited to an executor, executrix, administrator, administratrix,
trustee, receiver or guardian of an 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 a commercial
or industrial premises or building 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.
PERSON
Shall mean and include any individual, firm, corporation,
association, partnership or other entity.
PLUMBING
Shall mean and include all of the following supplied piping,
facilities and equipment: the building sewer from the septic tank,
cesspool, curb or property line to the building foundation; the water
service from the curb or property line to the building foundation,
or from the well to the building foundation; the system of soil, vent
and waste pipes from their connection at the foundation to the house
sewer, to their connections to the various plumbing fixtures and to
their termination through the roof; all hot and cold water lines in
the building; every plumbing fixture, trap, floor drain or any fixture
directly or indirectly connected to the plumbing system; the gas piping
from the gas meter to the connections to the various gas appliances;
and any other similar supplied fixtures, together with all connections
to water, sewer or gas lines.
RUBBISH
Shall mean combustible and noncombustible waste material,
including boxes, barrels, sticks, stones, bricks, bottles, cans, metal
drums, iron pipe, old sheet metal, old furniture, unused motor vehicles
and boats, auto parts, tires, unused bicycles and bicycle parts, filth,
junk, trash, debris, old lumber or firewood, unless such lumber or
firewood is neatly stacked or piled on supports or a platform at least
eight inches above the ground. It shall also include weeds or grass
that have attained a growth of more than 10 inches in height. It shall
also include diverse or sundry articles which the Building Inspector,
in his/her judgment, shall declare to be "rubbish."
SHOPPING AREA
Shall mean one or more buildings or parts thereof designed
as a unit, to be occupied by one or more businesses for the conduct
of businesses primarily engaged in retail merchandising.
SUPPLIED
Shall mean paid for, furnished or provided by or under the
control of the owner or operator.
ZONING OFFICER
Shall mean the designated administrative Zoning Official
of the Municipality or his/her authorized representative or other
authorized officer.
Whenever the words "commercial or industrial premises" or
"building" are used in this section, they shall be construed as though
they were followed by the words "or any part thereof."
[Ord. No. 89-7 § 6]
Where changes have been made to the original electrical installation
or where deterioration is apparent, a Certificate of Approval must
be supplied by the owner from the Municipal Construction Department.
Every electrical installation, addition thereto or any part thereof
must comply with the Electrical Subcode of the State Uniform Construction
Code and a Certificate supplied by the Electrical Subcode Official
or the Municipal Construction Official.
[Ord. No. 89-7 § 8]
For each initial inspection made pursuant to a sale, rental
or change in occupancy of any commercial or industrial building or
premises, there shall be a fee of $50 for the first 2,000 square feet
or part thereof and $10 for each additional 1,000 square feet or part
thereof paid by the applicant. The first reinspection shall be without
charge. Subsequent reinspection fees shall be 50% of the amount of
the initial inspection fee.
These fees shall be reviewed annually to determine their adequacy.
[Ord. No. 89-7 § 9; Ord. No. 89-12 § 2]
Whenever the Municipal Inspector finds that an emergency exists
which requires immediate action to protect the public health, he/she
may, without written notice or hearing, issue a verbal order reciting
the existence of such an emergency and requiring that such action
be taken as he/she deems necessary to meet the emergency. Any person
to whom such an order is directed shall comply therewith immediately.
[Ord. No. 89-7 § 10;
New]
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Municipal Inspector, Zoning
Officer, Construction Code Official, Health Officer, Police Department
or any other authorized Official, including the Code Enforcement 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 operator, owner or occupant to correct the
condition, the Official shall cause the condition to be immediately
abated thereafter subject to N.J.S.A. 40:48-2.12(f).
[Ord. No. 89-7 § 11; Ord. No. 89-12 § 3]
a. Except as otherwise provided in §
11-1.10 hereof, where violations of this section or the regulations hereunder are found to exist, a written notice from a Municipal Official shall be served on the person or persons responsible for the correction thereof.
b. Notice shall be served personally or by certified mail, or by regular
mail if refused, 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,
the last known address shall be the address of the owner as shown
in the records of 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 period of time, not
to exceed 30 days, to abate the violation, the right of the person
served to request a hearing and that the notice shall become an order
of the Municipal Official in 10 days after service unless a hearing
is requested pursuant to these provisions.
d. Within 10 days of the date of service of a notice, the notice shall
constitute a final order unless any person affected by the notice
requests a hearing thereon by serving a written request within the
ten-day period in person or by certified mail on the Municipal Clerk.
Such request for a hearing shall set forth briefly the reasons for
which the request for a hearing is made and the factual matters contained
in the notice of violation for which the hearing is requested. The
Municipal Inspector, upon receipt of the request for hearing, shall
within 30 days therefrom and upon five days' notice to the parties
so requesting, conduct a hearing.
e. At the hearing provided hereunder, the Municipal Inspector shall
hear all parties, and his/her final determination shall be made within
10 days from the completion of the hearing. He/she shall then issue
an order incorporating the determinations and directions contained
in the notice, modifying the notice if he/she so deems necessary.
The Municipal Inspector may extend the time for correction of the
violation where he/she deems necessary.
f. In the event 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 Municipal Inspector, a
summons shall then be issued against such person or persons charged
with the violation.
[Ord. No. 89-7 § 12]
Any person who shall violate any of the terms or provisions
of this section or who shall commit or do any act or thing prohibited
in this section shall, upon conviction thereof before the Municipal
Court, pay a fine of not less than $100 nor more than $1,000 or be
ordered to perform community service for a period not exceeding 90
days or be imprisoned for a term of not to exceed 90 days for each
act or thing committed or done in violation of the provisions of this
section in the discretion of the Magistrate. Each day that any such
act or thing committed or done in violation of the provisions of this
section shall be permitted to exist shall be deemed a separate and
distinct offense upon conviction thereof. The Municipality reserves
the right under the laws of the State of New Jersey to bring suit
against any person or persons violating this section in the appropriate
Superior Court if it is deemed necessary to enforce this section.
[Ord. No. 89-7 § 13; Ord. No. 89-12 § 4]
This chapter may be known and cited as the "Commercial and Industrial
Occupancy and Maintenance Code of the Township of Union."