[Amended 10-1-07 by Ord. No. 2247]
A certain document, at least three (3) copies of which are on file in the office of the Clerk of the Borough of Somerville, being marked and designated as the most recently published International Property Maintenance Code as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Somerville, in the County of Somerset, State of New Jersey; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes prescribed in §§
128-2 and
128-3.
The following sections of the 2000 International Property Maintenance
Code are hereby revised to read as follows:
A. Section 101.1 Title. These regulations shall be known as the Property
Maintenance Code of the Borough of Somerville, hereinafter referred
to as "this code."
B. Section 102.3 Application of other codes. Repairs, additions or alterations
to a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of New Jersey law and Borough ordinances.
In the event of any inconsistency between the provisions of this code
and other applicable law or ordinance, the more stringent provision
shall apply. Nothing in this code shall be construed to cancel, modify
or set aside any provision of the Somerville Zoning Ordinance.
C. Section 103 Division of Property Maintenance Inspection.
(1) Section 103.1 General. The Division of Property Maintenance Inspection
is hereby created within the Department of Community Development.
The executive official in charge thereof shall be known as the Code
Official.
(2) Section 103.2 Appointment. The Director of Community Development appointed pursuant to §
5-73 of the "Code of the Borough of Somerville" shall serve as the Code Official.
(3) Section 103.4 Restriction of employees. An official or employee connected
with the enforcement of this code, shall not be engaged in, or directly
or indirectly connected with, the furnishing of labor, materials or
appliances for the construction, alteration or maintenance of a building,
or the preparation of construction documents thereof, unless that
person is the owner of the building; nor shall such officer or employee
engage in any work that conflicts with official duties or with the
interests of the Division.
D. Section 104.6 Division records. The Code Official shall keep official
records of all business and activities of the Division specified in
the provisions of this code. Such records shall be retained in the
official records as long as the building or structure to which such
records relate remains in existence, unless otherwise provided by
other regulations.
[Amended 7-15-2019 by Ord. No. 2576]
E. Section 106.2 Notice of violation, order, summons and complaint.
The Code Official shall serve a notice of violation or order in accordance
with Section 107. The Code Official may file a summons and/or complaint
in the Municipal Court or cause the issuance of the same, whether
or not a notice of violation or order shall have been served. Any
such summons and/or complaint shall be processed in accordance with
law.
F. Section 106.3 Prosecution of violation. Any person failing to comply
with a notice of violation or order served in accordance with Section
107 shall be deemed guilty of a disorderly persons offense, and the
violation shall be deemed a strict liability offense. If the notice
or violation is not complied with, the Code Official shall institute
the appropriate proceeding at law or in equity to restrain, correct
or abate such violation, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto.
G. Section 109.5 Costs of emergency repairs. Costs incurred in the performance
of emergency work shall be paid by the jurisdiction. The costs of
such repair shall be charged against the real estate upon which the
repairs were made and shall be a lien upon such real estate.
H. Section 109.6 Hearing. Any person ordered to take emergency measures
shall comply with such order forth-with. Any affected person shall
thereafter, upon petition directed to the Borough Clerk, be afforded
a hearing as described in this code.
I. Section 111.1 Application for appeal. Any person directly affected
by a decision of the Code Official or a notice or order issued under
this code shall have the right to appeal provided that a written application
for appeal is filed with the Borough Clerk within twenty (20) days
after the day the decision, notice or order was served. An application
for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or that
the strict application of any requirement of this code would cause
an undue hardship. The Borough Clerk shall forthwith forward a copy
of the application of appeal to the Code Official and the Property
Maintenance Hearing Officer. Nothing herein shall be construed as
affording a right to an administrative appeal from a summons and/or
complaint issuing out of the Municipal Court.
J. Section 111.2 Property Maintenance Hearing Officer. Upon nomination
of the Mayor, and by and with the advice and consent of the Council,
a Property Maintenance Hearing Officer shall be appointed to serve
for a term of one (1) year and until his successor shall be appointed
and qualified. A vacancy in office shall be filled for the balance
of the unexpired term. Provided, however, the term of the initial
appointee to the office of Property Maintenance Hearing Officer shall
be from the date of appointment through December 31, 2001.
K. Section 111.3 Notice of hearing. The Property Maintenance Hearing
Officer shall conduct a hearing upon notice to all interested parties
within twenty (20) days of the filing of an appeal, or within such
extended period as shall be agreed upon by the parties.
L. Section 111.4 Open hearing. All hearings before the Property Maintenance
Hearing Officer shall be open to the public. The appellant, the appellant's
representative, the Code Official and any person whose interests are
affected shall be given an opportunity to be heard.
M. Section 111.4.1 Procedure. The Property Maintenance Hearing Officer
shall promulgate and make available to the public procedures under
which a hearing will be conducted. The procedures shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
N. Section 111.4.2 Disqualification. In the event the Property Maintenance
Hearing Officer is disqualified or unable to conduct a hearing for
any reason, the Mayor, without the necessity of Council confirmation,
shall appoint a substitute to act in the Property Maintenance Hearing
Officer's place.
O. Section 111.6 Borough Administrator's decision. The Property
Maintenance Hearing Officer may affirm, modify or reverse the decision
of the Code Official.
P. Section 111.6.1 Records and copies. The decision of the Property
Maintenance Hearing Officer shall be recorded. Copies shall be furnished
to the appellant and to the Code Official.
Q. Section 111.6.2 Administration. The Code Official shall take immediate
action in accordance with the decision of the Property Maintenance
Hearing Officer.
R. Section 111.7 Court review. Any appeal from a decision of the Property
Maintenance Hearing Officer shall be taken to a court of competent
jurisdiction in accordance with law.
S. Section 111.8 Stays of enforcement. Appeals of notice and orders
shall not stay the enforcement of the notice and order unless a stay
is granted by the Code Official or by the Property Maintenance Hearing
Officer upon application on an expedited basis.
T. Section
302.4 Weeds: Premises and exterior property shall be maintained free
from weeds or plant growth in excess of six inches. Noxious weeds
shall be prohibited. "Weeds" shall be defined as all grasses, annual
plants and vegetation, other than trees or shrubs; provided, however,
this term shall not include cultivated flowers and gardens.
[Added 7-15-2019 by Ord. No. 2576]
U. Section 304.14 Insect screens. During the period from May 1 to October
1, every door, window and other outside opening required for ventilation
of habitable rooms, food preparation areas, food service areas, or
any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored, shall
be supplied with approved tightly fitting screens of not less than
sixteen (16) mesh per inch (16 mesh per 25mm) and every swinging door
shall have a self-closing device in good working condition.
Exception: Screen doors shall not be required where other approved
means, such as air curtains or insect repellent fans, are employed.
[Amended 7-15-2019 by Ord. No. 2576]
V. Section 602.3 Heat supply. Every owner and operator of any building
who rents, leases, or lets one or more dwelling unit, rooming unit,
dormitory or guestroom on terms, either expressed or implied, to furnish
heat to the occupants thereof, shall supply heat during the period
from October 1 to May 1 to maintain a temperature of not less than
65°F (18°C) in all habitable rooms, bathrooms, and toilet
rooms.
Exception: When the outdoor temperature is below the winter
outdoor design temperature for the locality, maintenance of the minimum
room temperature shall not be required provided that the heating system
is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be as indicated in Appendix D of
the International Plumbing Code.
W. Section 602.4 Occupiable work spaces. Indoor occupiable work spaces
shall be supplied with heat during the period from October 1 to May
1 to maintain a temperature of not less than 65°F (18°C) during
the period the spaces are occupied.
Exceptions:
(1) Processing,
storage and operation areas that require cooling or special temperature
conditions.
(2) Areas
in which persons are primarily engaged in vigorous physical activities.
Subsections 111.2.1 through 111.2.5 of the International Property
Maintenance Code are hereby deleted.
Nothing in this chapter or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
impending in any court, or any rights acquired, or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed as cited in Section 1 of Ordinance No.
2112, nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this chapter.