City of Summit, NJ
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note: Regulations requiring the removal of ice and snow from sidewalks are contained in Chapter 18, Section 18-5.
[Ord. No. 1916 § 1.1; 1983 Code Part VI T.49 § 1.1]
This Article shall be known as "The Property Maintenance Code of the City of Summit," and may be referred to in this section in short form as "this Code."
[Ord. No. 1916 § 1.2; 1983 Code Part VI T.49 § 1.2]
It is hereby found and declared that there exists in the City of Summit structures used for residential and nonresidential uses, which are, or may become in the future, substandard with respect to structure, equipment or maintenance, or further that such conditions including but not limited to structural deterioration, lack of maintenance and appearance of exterior of premises, infestation, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, or unsanitary conditions and overcrowding, constitute a menace to the health, safety, welfare and reasonable comfort of the citizens and inhabitants of the City. It is further found and declared that by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighting conditions and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that by reason of timely regulations and restrictions as herein contained, blight may be prevented, and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
[Ord. No. 1916 § 1.3; 1983 Code Part VI T.49 § 1.3]
The purposes of this Code are to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises, to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use, to fix certain responsibilities and duties upon owners and operators, and distinct and separate responsibilities and duties upon occupants, to authorize and establish procedures for the inspection of residential and nonresidential premises, to establish procedures for implementing the requirements of this Code, to fix penalties for the violations of this Code, and to provide for the repair, demolition or vacation of premises found to be in violation of this Code.
[Ord. No. 1916 § 1; 1983 Code Part VI T.49 § 2.1]
Every residential, nonresidential or mixed occupancy building and the premises on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of this Code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this Code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this Code.
[Ord. No. 1916 § 2; 1983 Code Part VI T.49 § 2.2]
In any case where the provisions of this Code impose a higher standard than set forth in any other local ordinances or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this Code impose a lower standard than any other local ordinances or of the laws of the State of New Jersey, then the higher standard contained in such other ordinances or law shall prevail.
[Ord. No. 1916 § 2; 1983 Code Part VI T.49 § 2.3]
No license or permit or other Certification of Compliance with this Code shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, operator, or occupant from complying with any such other ordinance.
[Ord. No. 1916 § 3; 1983 Code Part VI T.49 § 3.1]
Owners and operators shall have all the duties and responsibilities prescribed herein, and no owner or operator shall be relieved from such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
[Ord. No. 1916 § 3; 1983 Code Part VI T.49 § 3.2]
Occupants shall have all the duties and responsibilities prescribed in Sections 15-4 and 15-5 hereof and occupants shall not be relieved of any such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator or both is or are also responsible therefor and in violation thereof.
[Ord. No. 1916; 1983 Code Part VI T.49 § 3.3]
Unless expressly provided to the contrary in this Code, the respective duties and responsibilities imposed hereunder on the owner, operator and occupants shall not be altered or affected by any agreement or contract to which one or more of them is or are a party or parties.
[Ord. No. 2026 § 1; 1983 Code Part VI T.49 § 4.1; Ord. No. 2166 § 1]
The provisions of this section shall be applicable to commercial, business, industrial or any other nonresidential structures and premises and shall constitute the standards to guide the Department of Community Services in determining the fitness of premises for human use and occupancy, and in determining whether premises are being maintained in such condition as not to constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values.
[Ord. No. 1916 § 4; 1983 Code Part VI T.49 § 4.2; Ord. No. 2166 § 2]
The words, terms or phrases listed below, for the purposes of Section 15-4 of this Code are hereby defined and shall be interpreted as follows:
BATHROOM
Shall mean any enclosed space which contains one (1) or more of the following, i.e., bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.
BUILDING
Shall mean any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
CODE ENFORCEMENT OFFICER
Shall mean the Department of Community Services and its agents.
COMMERCIAL MOTOR VEHICLE
Shall mean any vehicle used primarily for commercial use and registered at a gross weight in excess of six thousand (6,000) pounds.
DETERIORATION
Shall mean the condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive wear.
DWELLING UNIT
Shall mean any room or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used for living, sleeping, cooking and eating.
EXPOSED TO PUBLIC VIEW
Shall mean any premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighborhood premises.
EXTERIOR OF THE PREMISES
Shall mean (a) any part of the premises not occupied by any building thereof; (b) any open space on the outside of any building; or (c) any part of any building which is exposed to the elements.
EXTERMINATION
Shall mean the control and elimination of insects, rodents, bats, birds, pigeons, and vermin by eliminating their harborage places; or by removing or making inaccessible material that may serve as their food; or by poisoning, spraying, fumigating, trapping or any other approved means of pest elimination.
GARBAGE
Shall mean the animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.
INFESTATION
Shall mean the presence, on or within a premises, of any insects, rodents, bats, birds and pigeons, or other pests.
LODGING UNIT
Shall mean a rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
MIXED OCCUPANCY
Shall mean any building containing one (1) or more dwelling units or lodging units and also having a portion thereof devoted to nonresidential uses.
NUISANCE
Shall mean:
a. 
Any public nuisance known in law or equity jurisprudence, or as provided by the Statutes of the State of New Jersey, or the ordinances of the City of Summit.
b. 
Any inadequately protected well, shaft, basement, excavation, abandoned motor vehicle, structurally unsound fence or building, lumber, trash, debris, storage of excavated material, or vegetation such as poison ivy, oak or sumac, or other condition which is or may be detrimental to the safety or health of persons.
c. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
d. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
e. 
Fire hazards.
f. 
An offensive, annoying, unpleasant or obnoxious thing or practice, or cause or source of annoyance, and especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, or any characteristic detrimental to the value or use of an adjacent property, such as:
1. 
Dust.
2. 
Smoke.
3. 
Fumes.
4. 
Odor.
5. 
Glare.
6. 
Flashes.
7. 
Vibration.
8. 
Shock waves.
9. 
Heat.
10. 
Objectionable effluent.
11. 
Any adverse effect on a value or desirability of nearby property caused by such matters as exposed storage of inoperable automobiles, junk, materials, and neglect or dilapidation of land or buildings.
12. 
Unusual risks of fire or explosion, such as manufacture and/or storage of wood, fuel, or explosives.
13. 
Parking of motor vehicles in required front yards, on other than established driveways.
14. 
Displaying or permitting the display of any goods, wares or merchandise upon the sidewalks of the City, unless with permission of the proper City official.
OCCUPANCY UNIT
Shall mean any room or group of rooms or part thereof forming a single usable unit (used or intended to be used, or designed to be used, for nonresidential purposes) and located within a building used or intended to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.
OCCUPANT
Shall mean any person or persons, including the owner, in actual possession of, and using an entire building or any occupancy unit in a building.
OPERATOR
Shall mean 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
Shall mean the holder or holders of the title to premises in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PERSON
Shall be given the same meaning as defined in New Jersey Annotated 1:1-2.
PREMISES
Shall mean a lot, plot or parcel of land and any buildings located thereon.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes (except body wastes) including, but not limited to: garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Shall mean and include all combustible and noncombustible waste material, except garbage.
STRUCTURE
Shall mean any assembly of materials forming a construction including, but not limited to, buildings, stadiums, tents, reviewing stands, platforms, stagings, towers, poles, water tanks, trestles, open sheds, bins, shelters, fences, walls, mobile homes or trailers, portable buildings, display racks and signs, swimming pools, tennis courts, and patios.
TRANSLUCENT
Shall mean the property of admitting the passage of light, but diffusing it so that objects beyond it cannot be clearly distinguished.
WATER CLOSET COMPARTMENT
Shall mean an enclosure containing a single water closet.
WEATHERING
Shall mean deterioration, decay or damage caused by exposure to the elements.
WINDOW
Shall mean an opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by easements or sashes containing glass or other transparent or translucent material.
WINDOW DISPLAY AREA
Shall mean that area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any good or services pertaining to the business therein.
Meaning of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one (1) person and to females as well as males, and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing.
[Ord. No. 1916 § 4; 1983 Code Part VI T.49 § 4.3]
a. 
The exterior of the premises shall be kept free of litter (including without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, cans, and boxes) and all nuisance and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises, and free of unsanitary conditions. Any of the foregoing shall be promptly removed and abated. The words "Hazards" shall include but is not limited to the following:
1. 
Refuse: Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.
2. 
Natural Growth: Dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
3. 
Overhangings: Loose, overhanging and projecting objects or accumulations of ice and snow which by reason of location above ground level constitute dangers to persons in the vicinity thereof.
4. 
Ground, Surface and Unsanitary Conditions: Holes, excavations, breaks, projections, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas, and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.
5. 
Recurring Accumulation of Storm Water: Adequate run-off drains shall be provided and maintained in accordance with City ordinances to eliminate any such recurrent or excessive accumulation of storm water. Leaders and gutters shall be maintained in good condition and capable of performing their functions.
6. 
Sources of infestation.
7. 
Foundation walls which are not structurally sound, free from defects and damage, or capable of bearing imposed loads safely.
8. 
Chimneys, flues and vent attachments thereto which are not structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed and constructed. Chimneys, flues, gas vents and other draft producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke tight, and capable of withstanding the action of the flue gases.
9. 
Exterior porches, landings, balconies, stairs and fire escapes which are not provided with properly designed and structurally sound bannisters or railings or which are not kept in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.
[Ord. No. 1916 § 4; Ord. No. 2026; 1983 Code Part VI T.49 § 4.4]
a. 
The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the City of Summit and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values including the following:
1. 
Landscaping: Where exposed to public view the landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris, excavated material or other unsightly or unsafe conditions.
2. 
Signs and Billboards: All permanent signs and billboards exposed to public view shall be maintained in good repair. Any sign or billboard which has weathered excessively or peeled or cracked shall, with the 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 and Window Display Areas: All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened by drapes, venetian blinds, or other means of making the windows nontransparent. All screening of interiors shall be maintained in a clean and attractive manner and in good state of repair.
4. 
Repair and Painting of Exteriors of Buildings: All storefronts and the exteriors of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard or nuisance. In the event repairs to the storefront become necessary, such repairs shall be made in harmony with the original design with the same materials or materials of appearance similar to those used in the construction of the storefront in such a manner as to permanently repair the damaged area or areas.
5. 
Signs or Advertisements; Removal: Except for "for rent" signs, any temporary sign or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed; (i) at the expiration of the event or sale for which it was erected or posted; or (ii) within sixty (60) days after it was erected or posted, whichever shall have occurred sooner.
Except during the course of repairs or alterations, not more than thirty-three and one-third (33 1/3%) percent of the square footage of any single window or single window display area shall be devoted to temporary signs or other advertising material attached thereto or otherwise exposed to public view.
6. 
Awnings and Marquees: Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall be so maintained as to not constitute a nuisance or a 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 conditions 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.
7. 
Scaffolding: No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period of ninety (90) days after erection or placement thereof without permission of the Code Enforcement Officer.
[Ord. No. 1916 § 4; 1983 Code VI T.49 § 4.5]
a. 
The roof of every building shall be maintained water-tight and the exterior of every building, including gutters and leaders, shall be maintained in good repair, and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance. All exterior surfaces thereof shall be maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the building itself may be preserved, safety and fire hazards eliminated, and adjoining properties and the neighborhood protected from blighting influences.
[Ord. No. 1916 § 4; Ord. No. 2026; 1983 Code Part VI T.49 § 4.6]
a. 
Floors, interior walls and ceilings of every structure shall be structurally sound and maintained in good repair and in a clean and sanitary condition. Floors shall be considered to be structurally sound when capable of safely bearing normal imposed loads. Walls and ceilings shall be considered to be in good repair when clean, free from cracks, breaks, loose plaster, excessive blistering paint and similar conditions.
The Code Enforcement Officer may order the owner to clean, repair, paint, whitewash, or paper such walls, floors or ceilings, when a wall, floor or ceiling within a building has deteriorated as to provide a harborage for rodents or vermin, or the plaster, wallboard or other covers have become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in paragraph b of subsection 15-4.8.
b. 
Bathroom and water closet compartment floors, walls and ceilings where deemed necessary by the Code Enforcement Officer shall be surfaced with water resistant material and shall be kept in a dry, clean and sanitary condition at all times.
c. 
Supporting structural members shall be kept structurally sound, free from deterioration and capable of safety bearing imposed loads.
d. 
In buildings containing not more than four (4) occupancy units, it shall be the responsibility of each of the occupants and, in buildings containing more than four (4) occupancy units, it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish until removal thereof and to provide for the periodic removal of all garbage and rubbish from the premises in accordance with the regulations and ordinances of the City of Summit.
e. 
Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
1. 
Such garbage is stored in watertight receptacles or other material approved by the Code Enforcement Officer and covered with tight fitting lids;
2. 
Such rubbish is stored in nonleaking receptacles of metal or other material approved by the Code Enforcement Officer;
3. 
Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition;
4. 
When rubbish and garbage are stored inside the building, the room or area containing the rubbish and garbage shall be so constructed or protected as to prevent the spread of fire to other parts of the building or buildings;
5. 
Such areas, if located outside of a building and visible from any public walk, street or public parking area, are shielded by a method approved by the Code Enforcement Officer and constructed in compliance with the applicable provisions of all applicable ordinances of the City of Summit.
f. 
Rubbish and garbage shall be readily accessible for collection, stored in such manner as to constitute the least likelihood of becoming a fire hazard and shall be placed or kept on the property within the building located thereon or not nearer to the street line than the building line or nearer to the street line than the face of the building, whichever distance from the street line is greater, except during any "clean-up week" proclaimed by the Common Council.
g. 
Flammable or combustible liquids or other materials shall not be stored on the premises unless they are of a type approved for storage by regulation of the Fire Department and then only in such quantities and in such fireproof storage containers as may be prescribed by applicable Fire Department regulations.
h. 
Every occupant of a single occupancy unit in a building comprising a single occupancy unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises.
Whenever infestation exists in one (1) or more of the occupancy units in any building or in the common parts of any building containing two (2) or more occupancy units, extermination thereof shall be the responsibility of the owner and operator.
[Ord. No. 1916 § 4; 1983 Code Part VI T.49 § 4.7]
a. 
Every building shall be provided with electric service, where required, in accordance with the standards of the National Electrical Code, as amended from time to time.
b. 
Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.
c. 
Maximum fuse sizes as specified by the National Electrical Code, as amended from time to time, shall be posted conspicuously on the inside cover of all fuse boxes and no fuse shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is in the exclusive possession of an occupant or occupants other than the owner.
d. 
In the absence of any contract or written agreement to the contrary, it shall be the duty and responsibility of the owner or person in charge of any building to supply heat sufficient to maintain a minimum inside temperature of sixty-eight (68°) degrees Fahrenheit in all offices and stores therein during the normal working hours thereat, except in rooms specifically designed for cold temperatures. The temperatures shall be taken as close as possible to the center of the room at a height approximately three (3') feet above the floor.
[Ord. No. 1916 § 4; Ord. No. 2026; 1983 Code Part VI T.49 § 4.8]
a. 
Upon discovery by an occupant of any condition on the premises which constitutes a violation of this Code, the occupant shall report the same to the owner or operator thereof, and if necessary to the Code Enforcement Officer responsible for enforcement of this Code.
b. 
All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe, or which would prevent the owner or operator from performing any duty required hereunder.
[Ord. No. 1916; 1983 Code Part VI T.49 § 4.8]
With respect to residential structures and premises, and pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-1 et seq.) the New Jersey State Housing Code (as currently amended and supplemented), as approved by the Department of Community Affairs and filed in the Secretary of State's Office, is hereby accepted, adopted and established as a standard to be used in determining whether residential structures, premises or dwellings in this municipality are safe, sanitary and fit for human habitation. Three (3) copies of the New Jersey State Housing Code (as currently amended and supplemented), have been placed on file in the office of the City Clerk and are available to all persons desiring to use and examine the same.
[Ord. No. 1916; Ord. No. 2026 § 6.1; Ord. No. 2109 § 1; 1983 Code Part VI T.49 § 6.1; Ord. No. 2166 § 3]
a. 
Inspections. The Department of Community Services and its agents are hereby authorized and directed to exercise the powers prescribed by this Code, to enforce this Code, and to make inspections to determine the condition of commercial, business and industrial premises, structures and buildings, residential premises, structures and buildings and dwellings, dwelling units and lodging units (hereinafter "premises") located within the City of Summit in order that it may perform its duty of safeguarding the health, welfare and safety of the occupants thereof and of the general public. No inspection shall interfere with the legal or constitutional rights of the owner, operator or occupant. Every occupant shall give the owner thereof, or his agent or employee, access at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this ordinance or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
b. 
Certificate of Continued Occupancy. In conjunction with this Code, and with the Development Regulations Ordinance, and upon a transfer or change in use, title, or tenancy of any lot, tract, or building or part thereof, a Zoning Certificate of Occupancy shall be required, except that no certificate shall be required for a transfer of title which is exempt from the payment of the realty transfer imposed under New Jersey Public Law 1968, c. 49, as amended, by reason of a deed (i) for a consideration of less than one hundred ($100.00) dollars; (ii) which confirms or corrects a deed previously recorded; (iii) between husband and wife, or parent and child; (iv) in specific performance of a final judgment; (v) by an executor or administrator of a decedent to a devisee or heir to effect distribution of the decedent's estate in accordance with the provisions of the decedent's will or the intestate laws of the State of New Jersey; or (vi) recorded within ninety (90) days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee. No certificate shall be issued until the property has been inspected and violations abated as follows:
1. 
Inspection for owner-occupied one (1) and two (2) family dwellings shall include the following:
(a) 
Existing sidewalks, curbs and driveway aprons conform to City ordinance;
(b) 
Obstructions to pedestrian passage along sidewalks in the right of way are eliminated;
(c) 
Swimming pool fences and gates are in place and operative;
(d) 
Recreational vehicles are properly enclosed;
(e) 
House numbers are properly displayed;
(f) 
Sight triangles are unobstructed;
(g) 
Smoke detectors are installed and operating as required by State law;
(h) 
Illegal sump pump, roof drain or other connections to sanitary sewers are eliminated.
(i) 
Heating units are in proper operating condition;
(j) 
Proper handrails and guards are in place on all stairs greater than three (3) steps;
(k) 
Construction permits have been obtained and certificates have been issued for all work as required by the N.J. Uniform Construction Code or other State law;
(l) 
Plumbing, electrical, fire or building hazards are eliminated; and
(m) 
Use of the property conforms to zoning.
2. 
Inspection for all other buildings, uses and occupancies shall include all of the above, and the following:
(a) 
Interior and exterior physical conditions comply with all elements of this section;
(b) 
Adjacent sidewalks, curbs, driveways and parking areas are free of defects and hazards;
(c) 
Landscaping, fences and similar features are in good repair;
(d) 
Compliance with all construction and fire codes as required by State Statute; and
(e) 
Compliance with all requirements of the Zoning Ordinance.
c. 
The department shall have the authority to order correction of any defect or condition found during the inspection and determined by the Chief Inspector to be materially adverse to public health, safety or welfare.
d. 
A temporary zoning certificate of occupancy may be issued pursuant to Section 7.15-3 of the Development Regulations Ordinance.
[Ord. No. 1916 § 6; Ord. No. 2026; 1983 Code Part VI T.49 § 6.2]
The Board of Health and its agents shall continue to have enforcement authority over any violations of applicable laws, Codes, rules or regulations, either independently of the Office of Code Administration or in cooperation with it.
[Ord. No. 1916; Ord. No. 2026; Ord. No. 2096 § 1; 1983 Code Part VI T.49 § 6.3; Ord. No. 09-2865 § 1]
a. 
Whenever the Office of Code Administration determines that there are reasonable grounds to believe that there has been a violation of any provision of this Article, or of any rule or regulation adopted pursuant thereto, it shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall (a) be put in writing; (b) include a statement of the reasons why it is being issued; (c) (1) allow a minimum of five (5) days for correction of the violation, (2) thereafter, if the violation has not been corrected, the Office of Code Administration is authorized, at its option, to go to the Municipal Court for compliance or send a second notice, (3) if the violation is not corrected at the end of the second notice time period, the Office of Code Administration may go to the Municipal Court for compliance, unless weather conditions will not allow for compliance.
b. 
A violation that is recurring justifies imposition of an immediate fine without the necessity for additional notice or interval in which correction can be made. A violation shall be deemed to be a recurring violation not requiring written notice or additional time for abatement if a violation occurs within two (2) years from the date that a previous notice was served and the violation, premises and responsible party are substantially the same.
[Ord. No. 1916; Ord. No. 2026; 1983 Code Part VI T.49 § 6.4]
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Article, or of any rule or regulation adopted pursuant thereto may seek relief therefrom in any Court of competent jurisdiction, as provided by the laws of this State.
[Ord. No. 1916; Ord. No. 2026; Ord. No. 2096 § 2; 1983 Code Part VI T.49 § 6.8]
Whenever the Office of Code Administration finds that an emergency exists which requires immediate action to protect the public health or safety or the health or safety of the occupants or users of any premises, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the other provisions of this Article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Director of Community Services shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this Article and of any rules or regulations adopted pursuant thereto have been complied with, the Director of Community Services shall continue such order in effect, or modify it or revoke it.
[Ord. No. 1916; Ord. No. 2026; 1983 Code Part VI T.49 § 6.9]
a. 
Who May Apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this Code without having a right of access to the premises through or across adjoining premises not owned by him or under his control, and where right to access has been refused, or where the owner or person empowered to grant such access cannot be found or located, and upon the filing of an affidavit by such owner, operator or occupant with the Code Enforcement Officer setting forth the facts and applying for a Certificate of Necessity, the Code Enforcement Officer shall serve written notice of a hearing on the application upon the applicant for such Certificate and upon the owner or person empowered to grant such access. Such notice of hearing shall state the matters set forth in subsection 15-6.3 hereof. At least ten (10) days notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Code Enforcement Officer in the exercise of reasonable diligence, at least thirty (30) days notice thereof shall be given.
b. 
Hearing. On the day fixed for hearing, the Code Enforcement Officer shall provide opportunity for the owner or person empowered to grant such access to state why such access should not be granted.
c. 
Conditions for Issuance of Certificate. If the Code Enforcement Officer determines that such access is necessary to accomplish or complete repairs or improvements for compliance with this Code, then the Code Enforcement Officer shall issue a Certificate of Necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the Code Enforcement Officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to person or property arising out of such right of access. The amount set for the bond shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. The bond, if required, shall be filed with the Code Enforcement Officer.
d. 
Refusal to Comply with Certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this Code, and, in addition to the penalties provided hereunder, the Code Enforcement Officer may upon affidavit, setting forth the facts, apply to the appropriate court for a warrant authorizing access.
[Ord. No. 1916; Ord. No. 2026; 1983 Code Part VI T.49 § 6.9]
The Office of Code Administration is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this Article, provided however that such rules and regulations shall not be in conflict with the provisions of this Article, nor in any way alter, amend, or supersede any of the provisions thereof. The Office of Code Administration shall file a certified copy of all rules and regulations which it may adopt with the City Clerk.
[Ord. No. 1916; 1983 Code Part VI T.49 § 6.11; Ord. No. 09-2865 § 1]
No person shall occupy as owner or occupant, or rent to another for occupancy, any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code (as supplemented and amended), established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Ord. No. 1916; 1983 Code Part VI T.49 § 6.12]
No person shall occupy as owner or occupant, or rent to another for occupancy, any commercial, business or industrial building or premises which does not conform to the provisions of Section 15-6.
[Ord. No. 1916; 1983 Code Part VI T.49 § 6.13; Ord. No. 09-2865 § 1]
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5, except that any person, firm or corporation who shall violate any of the provisions of subsection 15-6.8 of this Article shall, upon conviction, be liable to the penalty of not less than one thousand two hundred fifty ($1,250.00) dollars for the first conviction and the maximum allowed by law for subsequent convictions. Each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 2026; 1983 Code Part VI T.49 § 6.14]
In the event the person, firm or corporation convicted of a violation of this Article has not corrected the condition for which convicted within thirty (30) days after conviction, the Code Enforcement Officer, with the concurrence of the Director of Community Services, may take whatever action is deemed to be necessary to cure or abate the violation. Before authorizing curative action the Code Enforcement Officer shall give written notice to the owner of the property and to the convicted defendant (if they are not one and the same) of the proposed action to be taken, which notice shall include the fact that the cost of the curative action will be assessed against the owner of the lands.
Once curative action is undertaken, the Code Enforcement Officer shall certify the cost thereof to the governing body, which shall examine the certificate and if found correct, shall cause the cost as shown thereon, to be charged against lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes.
[Ord. No. 1454; 1983 Code Part VI T.34 § 1]
The intent of this Article is to establish the procedure for the removal or destruction of brush, weeds, debris, etc. where necessary to preserve the public health, safety, general welfare or to eliminate a fire hazard.
[Ord. No. 1454; 1983 Code Part VI T.34 § 2]
a. 
If the Director of the Department of Community Services, the Chief of Police, the Health Officer, the Fire Chief, the Construction Official or Code Enforcement Officer shall determine that it is necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to require the owner or tenant of lands lying within the City to remove from such lands or destroy brush, weeds, including ragweed, obnoxious growth, filth, garbage, trash and debris, the City Official shall have a written notice to the owner or tenant to remove or destroy the same within a ten (10) day period after the notice, whereupon the owner or tenant shall be obligated to remove or destroy the same within that time period.
b. 
If the owner or tenant of lands receives a notice as referred to in paragraph a., and shall refuse or neglect to remove or destroy the items listed in the notice within the time prescribed therein, these items including brush, weeds and obnoxious growth, including ragweed, may be removed or destroyed by or under the direction of the Director of the Department of Community Services, and the items including filth, garbage, trash and debris may be removed or destroyed by or under the direction of the City Engineer or Director of the Department of Community Services. In deciding whether or not the items shall or shall not be removed under the direction of the City Engineer or Director of the Department of Community Services, Common Council shall consider the best interests of the property owner in question, neighboring property owners, the general public and the City, including the costs each must bear, the respective benefits to each, and any adverse consequences which may result from the removal or destruction.
[Ord. No. 1454; 1983 Code Part VI T.34 § 3]
If brush, weeds, including ragweeds, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any lands pursuant to subsection 15-11.2b, by or under the direction of the Director of the Department of Community Services or the City Engineer, that official shall certify the cost thereof to the Common Council, which shall examine the certificate, and if found correct, 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 part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
[Ord. No. 1454; 1983 Code Part VI T.34 § 4]
Any owner or tenant of lands lying within the City who violates the provisions of this Article shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.