[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:
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."
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.
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.
Shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
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.
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.
Shall mean the Land Use Code of the Municipality or any rules
or regulations promulgated pursuant thereto.
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.
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.
Shall mean:
Any common-law nuisance or as provided by the laws of the State
of New Jersey or Ordinances of the Municipality.
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.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Unsanitary conditions or anything unreasonably offensive or
dangerous to health or safety.
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.
Fire hazards.
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.
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.
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.
Shall mean and include any individual, firm, corporation,
association, partnership or other entity.
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.
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."
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.
Shall mean paid for, furnished or provided by or under the
control of the owner or operator.
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 § 4]
a.
Compliance with section:
1.
This section establishes minimum standards for the initial and continued
occupancy and use of all commercial and industrial premises and buildings,
including those occupied and used before the adoption of this section,
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of the commercial or industrial
buildings or premises contained therein. Where there is mixed occupancy
with commercial or industrial and other uses on the same premises,
all such uses shall be regulated by and subject to the provisions
of this section.
2.
Where the provisions of this section impose a higher standard than
is set forth in any other Ordinance of the Municipality or under the
Laws of the State of New Jersey, then the standards set forth herein
shall prevail; but if the provisions of this section impose a lower
standard than other Ordinances of the Municipality or Laws of the
State of New Jersey, then the higher standard contained in such Ordinance
or Law shall prevail.
b.
Responsibility of Owners and Occupants and/or Operator.
1.
Owners and operators shall have all the duties and responsibilities
prescribed in this section, and no owner or operator shall be relieved
from any duty and responsibility, or be entitled to defend against
any charge of violation, by reason of the fact that the occupant is
also responsible and in violation thereof.
2.
Occupants shall have such duties and responsibilities as are prescribed
for them in this Ordinance and shall not be relieved of any duty and
responsibility, or be entitled to defend against any charge of violation
by reason of the fact that the owner or operator is also responsible
and in violation thereof.
[Ord. No. 89-7 § 5]
a.
Exterior to be Kept Free of All Nuisances. The exterior of premises
and structures shall be kept free of nuisances, unsanitary conditions
and any other hazards to the health or safety of occupants, pedestrians
and other persons utilizing the premises. Any nuisance, unsanitary
condition or other hazard shall be promptly removed and abated by
the owner and/or operator to keep the premises free of health hazards,
including but not limited to the following:
1.
Refuse: Broken glass, filth, garbage, trash, litter and debris.
2.
Natural Growth: Vicinity of business. Brush, weeds, ragweed, stumps,
roots and obnoxious growth; dead and dying trees and limbs or other
natural growth which, through rotting or deteriorating conditions
or storm damage, constitute a hazard to persons in the vicinity. Trees
shall be kept pruned and trimmed to prevent such conditions.
3.
Overhangings: Loose and overhanging objects and accumulations of
ice and snow above ground level, which constitute a danger of falling
on persons in the vicinity of such conditions.
4.
Ground Surface Hazards or Unsanitary Conditions: Holes, excavations,
breaks, projections, obstructions, broken or missing pavement. All
holes and excavations shall be filled and repaired, walks and steps
repaired and other conditions removed where necessary to eliminate
hazards or unsanitary conditions. It shall be the responsibility of
owners and operators to take reasonable steps to discover and remove
any such hazards or unsanitary conditions which may exist on their
premises.
5.
Recurring Accumulations of Storm Water: Adequate run-off drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of storm water.
6.
Sources of Infestation.
b.
Signs. 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.
c.
Landscaping. Lawns, hedges and bushes shall be kept trimmed and maintained
from becoming overgrown.
d.
Premises to be Kept in Good Repair. The exterior of every structure
or accessory structure, including fences and store fronts, shall be
maintained in good repair. All structural surfaces shall be kept painted
where necessary for preservation and appearance, free of excessive
peeling paint and maintained free of safety hazards, such as broken
windows, loose and falling shingles and crumbling and falling stone
or brick, further subject to the following regulations:
1.
Unsafe Exterior Facilities. Unsafe exterior facilities include 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.
2.
Signs and Billboards. All permanent signs and billboards exposed
to public view, permitted by Ordinance or other 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.
3.
Windows Exposed to Public View. All windows exposed to public view
shall be kept clean and free of marks, dirt, grime and be unbroken.
Except when necessary in the course of changing displays, no storage
of materials, stocks or inventory shall be permitted in window display
areas ordinarily exposed to public view unless such areas are first
screened from view by draperies, Venetian blinds or other means. All
screening of interiors shall be maintained in a clean and attractive
manner and in a good state of repair.
4.
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 to not constitute a nuisance
or safety hazard. In the event 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 any such
awning or marquee is made of cloth, plastic or of similar materials,
the 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 an awning, marquee
or its accompanying structural members on streets, sidewalks, or other
parts of the public domain.
5.
Temporary Scaffolding or Equipment. No temporary painting scaffold
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.
6.
Store Fronts. All store fronts shall be maintained in good repair,
and all surfaces thereof shall be kept painted when necessary for
the purposes of preservation and appearance. In the event repairs
to a portion of the store front are made, such repairs shall be performed
with materials identical or compatible with the materials used in
the area not undergoing repair, to the end that the appearance of
the store front be uniform and attractive.
7.
Unoccupied Buildings. All unoccupied buildings shall be subject to
the provisions hereof.
e.
Removal of Garbage and Refuse. The owner, operator and occupant shall
have the duty and responsibility of removing refuse and garbage as
often as required.
f.
Maintenance of Sidewalks. Every day that the premises is open for
business, the occupant shall be responsible for removing litter from
the sidewalk or other pedestrian areas, if any, in front of the occupant's
commercial premises. The area shall be swept as often as necessary
to maintain it free of litter, spillage and other debris.
g.
Premises to be Maintained in a Clean and Sanitary Manner.
1.
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 required duty in this section for
maintaining the premises in a clean and sanitary condition.
2.
Each operator shall be responsible for the elimination of infestation
in and on the premises subject to his/her control.
3.
No person shall deposit any litter on the ground in any commercial
or industrial premises.
h.
Access and Parking Areas.
1.
The owner of any access ways and parking areas serving commercial
and industrial premises shall be responsible for keeping same free
of congestion and open to emergency and service vehicles by:
(a)
Keeping all access ways and parking areas free of snow and ice.
(b)
Preventing the continuous or regular use of access ways or parking
spaces for any vehicle which is:
(1)
In such a state of disassembly or disrepair so that it cannot
be driven; or
(2)
Which does not display current license plates and inspection
sticker.
For purposes of this subsection, "continuous" shall mean the
presence on the same tax map lot for a period of 72 consecutive hours
and "regular" shall mean being observed at least twice within a twenty-day
period on the same tax map lot when on both occasions such vehicle
was either in a state of disassembly or disrepair so that it could
not be driven or on both occasions did not display current license
plates and inspection sticker.
(c)
This subsection shall not apply with regard to a vehicle on
the premises of a business enterprise operated in a lawful place and
manner, which conforms to the requirements of the Municipal Land Use
Code or other applicable laws or ordinances regulating lawful junkyards,
garages, or vehicle storage facilities or similar enactments.
2.
Parking lots or parking areas, including the entrances and exits
thereto, shall be kept in good state of repair. Signage as to ownership
and use restrictions shall be maintained in good repair, clearly visible
to potential parkers. Striping, where appropriate, shall indicate
spaces, directions of flow and entrances and exits and be maintained
so as to assure visibility.
3.
Means of ingress and egress shall be clearly marked by signs.
4.
Parking spaces shall be clearly indicated by painted lines.
5.
Lanes for the movement of traffic in each direction shall be indicated
by arrows indicating one-way traffic, which shall be painted in these
lanes at both ends.
6.
A trash basket with at least a twenty-gallon capacity shall be provided
for each 150 feet of store frontage in any shopping area. These baskets
shall be placed in the walking or pedestrian area, shall be provided
with covers and shall not be allowed to overflow.
7.
Fire zones should be kept clear of all vehicular traffic and parking,
as designated by the Bureau of Fire Prevention.
[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 § 7]
a.
Prior to any change in occupancy of any commercial or industrial
building and/or premises, a Certificate of Occupancy shall first have
been obtained either by the owner, occupant or operator or the owner's
agent from the Office of Municipal Inspections, stating that the building
and premises comply with the requirements of this section, the Municipal
Land Use Code, and the Municipality's other Ordinances and Codes.
b.
Inspections shall be obtained either by the owner, occupant, operator
or the owner's agent prior to a change in occupancy and shall
be performed by the Municipal Inspector and the Zoning Officer for
the purpose of determining if a Certificate of Occupancy may be issued.
c.
All buildings and premises subject to this section are subject to
inspection by the Municipal Inspector. At the time of such inspection,
all portions of the premises must be available and accessible for
such inspection, and the owner, operator and occupant are required
to provide the necessary arrangements to facilitate such inspection.
Such inspection shall be made during regular business hours of the
business occupying the premises, unless there is a reason to believe
a violation exists of a character which is an immediate threat to
health or safety requiring inspection and abatement without delay.
[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."
