[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 11-4-1982 by Ord. No. 9-1982; amended in its entirety 1-3-1991 by Ord. No. 2-1991. Subsequent amendments noted where applicable.]
It is hereby found and declared that there exists in the City
of Gloucester structures used for residential and nonresidential use
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 the appearance of the exterior of the premises, infestation, lack
of essential heating, plumbing, storage or refrigeration equipment,
lack of maintenance or upkeep of essential utilities and facilities,
the existence of fire hazards, inadequate provisions for light and
air, unsanitary conditions and overcrowding, constitute a menace to
the health, safety, morals, welfare and reasonable comfort of the
citizens and inhabitants of the City of Gloucester. 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 initiating slums 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, the growth
of slums and 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.
The purpose of this ordinance is to protect the public health,
safety and welfare by adopting minimum standards governing a supply
of utilities and facilities and other physical things and conditions
essential to making dwellings safe, sanitary and fit for human habitation
and governing the conditions of dwellings, authorizing the inspection
of dwellings and fixing penalties for violations.
[Amended 4-2-1992 by Ord.
No. 12-1992; 4-6-1995 by Ord. No. 11-1995; 7-6-1995 by Ord. No. 21-1995]
The Mayor and Council shall appoint by resolution public officers
to serve in the following positions: Housing Inspector, Housing Field
Representative, parking enforcement officer and Code Enforcement Officer.
The Housing Inspector, Housing Field Representative, parking enforcement
officer, Code Enforcement Officer and/or any other designee by the
Housing Inspector are hereby designated as the officers to exercise
the powers prescribed by this ordinance.
[Amended 3-21-2005 by Ord. No. O10-2005]
The International Property Maintenance Code is hereby accepted,
adopted and established as the base standard to be used as a guide
in determining whether dwellings and structures in this municipality
are safe, sanitary and fit for human habitation and rental and that
other buildings in this municipality are safe, sanitary and fit for
the general protection of the citizens of the municipality. Three
copies of the International Property Maintenance Code are on file
in the office of the City Clerk and are available to all persons desiring
to use the same.
The Housing Inspector is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rooming units, vacant and/or unoccupied buildings and premises located
within the City of Gloucester, in order that he may perform his duty
of safeguarding the health and safety of the occupants of dwellings
and the general public. For the purpose of making such inspections,
the Housing Inspector is hereby authorized to enter, examine and survey
at all reasonable times all dwellings, dwelling units, rooming units
and premises. The owner or occupant of every dwelling, dwelling unit
and rooming unit or the person in charge thereof shall give the Housing
Inspector free access to such dwelling, dwelling unit or rooming unit
and its premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a dwelling or dwelling unit
shall give the owner thereof or his agent or employee access to any
part of such dwelling or dwelling unit or its premises 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 provision of this ordinance. The Housing Inspector
shall also be authorized to administer oaths and affirmations, examine
witnesses and receive evidence in addition to such other powers that
may be necessary or convenient to carry out and effectuate the purposes
and provisions of this ordinance.
Whenever the Housing Inspector determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this ordinance or of any rule or regulation adopted pursuant thereto,
he shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall be
put in writing, include a statement of the reasons why it is being
issued and allow reasonable time for the performance of any act it
requires, not to exceed 30 days, to correct or abate the violation.
The notice shall also advise the recipient that if the violation is
not corrected or abated, the municipality will pursue remedies in
Municipal Court, and that any fines assessed shall become a lien on
the subject property, if unpaid within 30 days of the fine assessment.
The notice shall be served upon the owner or his agent, as the
case may require, provided that such notice shall be deemed to be
properly served upon such owner or agent if a copy thereof is served
upon him personally; or, if after diligent inquiry and effort, an
individual cannot be served personally, then, consistent with due
process of law, service may be made by mailing, by registered or certified
mail, return receipt requested. If the addressee refuses to claim
or accept delivery of the registered or certified mail, service may
be made by ordinary mail. The party making service may, at his option,
make service simultaneously by registered or certified mail and ordinary
mail, and if the addressee refuses to claim and accept delivery of
the registered or certified mail, and if the ordinary mail is not
returned, the simultaneous mailing shall constitute effective service.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this ordinance and with
rules and regulations adopted pursuant thereto.
Whenever the Housing Inspector finds that an emergency exists
which requires immediate action to protect the public health or safety,
he may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as he
deems necessary to meet the emergency. Notwithstanding the other provisions
of this ordinance, such order shall be effective immediately but,
upon petition to the Housing Inspector, shall be afforded a hearing
as soon as possible. After such hearing, depending upon his findings
as to whether the provisions of this ordinance and the rules and regulations
adopted pursuant thereto have been complied with, the Housing Inspector
shall continue such order in effect or modify it or resolve it.
The Housing Inspector is hereby authorized and empowered to
make and adopt such written rules and regulations as he may deem necessary
for the proper enforcement of the provisions of this ordinance; provided,
however, that such rules and regulations shall not be in conflict
with the provisions of this ordinance nor in any way alter, amend
or supersede any of the provisions thereof. The Housing Inspector
shall file a certified copy of all rules and regulations which he
may adopt in his office and in the office of the Clerk of the City
of Gloucester.
No person shall occupy as owner-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 Gloucester
City Property Maintenance Code, established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[Amended 6-17-2021 by Ord. No. O09-2021]
Any person, firm or corporation who shall violate any of the
provisions of this ordinance shall, upon conviction, be punished by
a fine not to exceed $2,000 or by imprisonment in the county jail
for a period not to exceed 90 days or a period of community service
not exceeding 90 days, or by both such fine and imprisonment, and
each violation of any of the provisions of this ordinance and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
Should any section, paragraph, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid for any reason,
the remaining portions of this ordinance shall not be affected thereby
and shall remain in full force and effect, and to this end the provisions
of this ordinance are hereby declared to be severable.
Nothing in this ordinance shall be construed to abrogate or
impair the power of the City or any officer or department to enforce
any provisions of the Charter or its ordinances or regulations or
to prevent or punish violations thereof, and the powers conferred
by this ordinance shall be in addition and supplemental to the powers
conferred upon the City by any other law or ordinance.
The provisions of this article shall constitute the standards
to guide the public officer or his agents in determining the fitness
of a building for human habitation, use or occupancy.
[Amended 3-21-2005 by Ord. No. O10-2005]
The following terms, wherever used herein or referred to in
this code, shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context. All definitions
of the International Property Maintenance Code are hereby included.
The condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any premises, or any part thereof, or any building, or any
part thereof, which may be lawfully viewed by the public or any member
thereof.
Open space on the premises outside of any building thereon.
The control and elimination of insects, rodents and vermin.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
the definitions of "refuse" and rubbish.")
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water-closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
or utility rooms, and other rooms or spaces that are not used frequently
or for an extended period of time or that have less than 50 square
feet of superficial floor area shall not be considered as "habitable
rooms."
The presence of insects, rodents, vermin or other pests on
the premises, which constitutes a health hazard.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to non-dwelling uses
or as a hotel.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the City of Gloucester.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation, such as poison
ivy, oak or sumac, which may prove hazardous for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Overcrowding of a room with occupants in violation of this code.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person who has charge, care or control of a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling unit, as owner or agent of the owner or
as executor, executrix, administrator, administratrix, trustee, receiver
or guardian of the 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 any dwelling or dwelling unit 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 by said lessee.
All individuals, associations and corporations who have interests
of record in a building and who are in actual possession thereof.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any officer who is in charge of any department or branch
of the government of the municipality, county or state relating to
the health, fire, building regulations or to other activities concerning
buildings in the municipality.
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. (See also the definitions of "garbage" and "rubbish.")
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials. (See also the definitions of "garbage" and "refuse.")
A.
Compliance required. 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. This code shall also apply to
mobile home parks.
B.
Higher standards to prevail in case of conflict with other laws or
ordinances. In any case where the provisions of this code impose a
higher standard than set forth in any other local ordinance or under
the laws of the State of New Jersey, then the standards set forth
herein shall prevail, but if the provisions of this code impose a
lower standard in any other local ordinances or of the laws of the
State of New Jersey, then the higher standard contained in any such
other ordinance or law shall prevail.
C.
Enforcement of and compliance with other ordinances. No license or
permit or other certification of compliance with this code shall constitute
a defense against any violation of any 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
provision, nor any official of the City of Gloucester from enforcing
any such other provision.
A.
Maintenance of exterior of premises free from hazards and unsanitary
conditions. The exterior of the premises and all structures thereon
shall be kept free from all nuisances and any hazards to the safety
of occupants, pedestrians and other persons utilizing the premises
and free from unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner or operator. It shall
be the duty of the owner or operator to keep the premises free from
hazards, which include but are not limited to the following:
(1)
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
(2)
Natural growth: dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
(3)
Overhangings: loose and overhanging objects and accumulations of
ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
(4)
Ground surface hazards or unsanitary conditions: holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow
and excretion of pets and other animals on paths, walks, driveway,
parking lots and parking areas and other parts of the premises which
are accessible to and used by persons on the premises. All such holes
and excavations shall be filled and repaired, walks and steps shall
be replaced and other conditions removed where necessary to eliminate
hazards or unsanitary conditions with reasonable dispatch upon their
discovery.
[Amended 5-4-1995 by Ord.
No. 12-95]
(5)
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
(6)
Sources of infestation. Nests, hives, standing water and other breeding
grounds for insects, vermin and other pests shall be properly exterminated
and appropriate preventive action taken to prevent reoccurrence.
(7)
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(8)
Chimneys and all flue and vent attachments thereto. Chimneys and
all flue and vent attachments thereto shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed. Chimney, flues,
gas vents or other draft-producing equipment shall be structurally
safe, durable, smoke-tight and capable of withstanding the action
of flue gases.
(9)
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained to minimize
the hazard of falling, and the same shall be kept structurally sound,
in good repair and free from defects.
(10)
All pools shall be maintained for recreational use in good repair
and meet all UCC code standards.
(a)
Portable pool/seasonal pools - For the purpose of this Property
Maintenance Code, portable/seasonal pools by definition shall mean
a pool that consists of a liner insert with PVC/plastic/fiberglass
frame, and inflatable pool, or any pool that does not require a building
permit. All portable pools may be erected for recreational use from
May 1st and shall be disassembled by October 1st of the same calendar
year.
[Added 2-28-2013 by Ord.
No. O03-2013]
(b)
Bamboo planting. It is determined that the bamboo plant is an
invasive plant and often difficult to control and can and has caused
significant damage to properties in the City of Gloucester City. The
purpose of this subsection is to preserve and protect private and
public property from the damaging spread of bamboo grasses, to protect
property and indigenous plant materials from the invasive spread of
bamboo and to maintain the general welfare of the residents of the
City of Gloucester City.
[Added 5-17-2018 by Ord.
No. O06-2018]
[1]
Prohibition. No owner, tenant or occupant of a property, or
person, corporation or other entity, shall plant, install or cause
or permit the planting or installation of plant species commonly known
as "bamboo-running or clumping," including, but not limited to, the
following plant genera: Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus,
Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella
and Semiarundinaria, upon any property located within the City of
Gloucester City.
[2]
Duty to confine. In the event any species commonly known as
"bamboo-running or clumping" is located upon any property within the
City of Gloucester City, prior to the effective date of this prohibition,
the owner or occupant of said property shall confine such species
to prevent the encroachment, spread, invasion or intrusion of same
onto any other private or public property or public right-of-way by
way of a rhizome (underground system) barrier, which shall: (1) be
constructed of concrete, metal or plastic, such as high-density polypropylene,
40 mil or heavier, glued or taped at junctions, or clamped with stainless-steel
clamps; (2) be at least three feet deep and project at least one inch
above ground level; and (3) be slanted outward at the top so that
when the stems hit the barrier they will bend upwards. Rhizomes that
arch or grow over the top of the barrier shall be cut off to prevent
the spreading thereof. Failure to properly confine such bamboo in
accordance with this section shall require its complete removal. Said
confinement shall be by a barrier, constructed in accordance with
specifications approved by the Code Enforcement Officer of the City
of Gloucester City, and as may be amended from time to time, and inspected
and permitted by the office of the Code Enforcement Officer. Failure
to properly confine such bamboo shall require removal. In lieu of
the duty to confine, the property owner or occupant may elect to totally
remove the bamboo from the property.
[3]
Removal. In the event bamboo - running or clumping is present
on the effective date of this prohibition and a complaint is received
by the City regarding an encroachment of any bamboo plant or root,
and the Code Enforcement Officer of the City, by observation or inspection,
determines that there is an encroachment or invasion on any adjoining
private or public property or public right-of-way, the City shall
notice the bamboo property owner in writing that the bamboo has invaded
other private or public property or public right-of-way and demand
the removal of the bamboo from such other private or public property
or public right-of-way and demand confinement against future encroachment
or the total removal from the bamboo property owner's property. Notice
shall be provided by certified, return receipt requested mail and
regular mail. If the bamboo property owner does not remove or contract
for the removal of the bamboo from such other private or public property
or public right-of-way within 30 days of the date of notice, the Code
Enforcement Officer of the City of Gloucester City shall cause a citation
to be issued, enforceable through the Municipal Court of the City
of Gloucester City, as well as civil proceedings for injunctive or
civil relief. Nothing herein shall be interpreted as limiting the
rights of a private property owner to seek civil relief through a
court of proper jurisdiction, nor the institution of civil proceedings
against the proper parties. When an encroachment is upon public property
or a public right-of-way, the City of Gloucester City, at its discretion,
may remove or contract for the removal of such bamboo from the City
property or public right-of-way, the cost of which shall be the responsibility
of the bamboo property owner and shall be assessed as a lien against
the property on which the bamboo growth originated. The cost of removal
from the City-owned property and or public right-of-way shall include
the installation of an appropriate barrier to prevent future bamboo
invasion.
[4]
Replanting prohibited. Any bamboo - running or clumping, either
planted or caused to be planted or existing on the effective date
of this regulation, may not be replanted or replaced once such bamboo
is or has become dead, destroyed, uprooted or otherwise removed.
(11)
Bamboo planting. It is determined that the bamboo plant is an
invasive plant and often difficult to control and can and has caused
significant damage to properties in the City of Gloucester City. The
purpose of this subsection is to preserve and protect private and
public property from the damaging spread of bamboo grasses, to protect
property and indigenous plant materials from the invasive spread of
bamboo and to maintain the general welfare of the residents of the
City of Gloucester City.
[Added 5-17-2018 by Ord.
No. O06-2018]
(a)
Prohibition. No owner, tenant or occupant of a property, or
person, corporation or other entity, shall plant, install or cause
or permit the planting or installation of plant species commonly known
as "bamboo - running or clumping," including, but not limited to,
the following plant genera: Arundinaria, Bambusa, Chimonobambusa,
Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa,
Sasa, Sasaella and Semiarundinaria, upon any property located within
the City of Gloucester City.
(b)
Duty to confine. In the event any species commonly known as
"bamboo - running or clumping" is located upon any property within
the City of Gloucester City, prior to the effective date of this prohibition,
the owner or occupant of said property shall confine such species
to prevent the encroachment, spread, invasion or intrusion of same
onto any other private or public property or public right-of-way by
way of a rhizome (underground system) barrier, which shall: (1) be
constructed of concrete, metal or plastic, such as high-density polypropylene,
40 mil or heavier, glued or taped at junctions, or clamped with stainless-steel
clamps; (2) be at least three feet deep and project at least one inch
above ground level; and (3) be slanted outward at the top so that
when the stems hit the barrier they will bend upwards. Rhizomes that
arch or grow over the top of the barrier shall be cut off to prevent
the spreading thereof. Failure to properly confine such bamboo in
accordance with this section shall require its complete removal. Said
confinement shall be by a barrier, constructed in accordance with
specifications approved by the Code Enforcement Officer of the City
of Gloucester City, and as may be amended from time to time, and inspected
and permitted by the office of the Code Enforcement Officer. Failure
to properly confine such bamboo shall require removal. In lieu of
the duty to confine, the property owner or occupant may elect to totally
remove the bamboo from the property.
(c)
Removal. In the event bamboo - running or clumping is present
on the effective date of this prohibition and a complaint is received
by the City regarding an encroachment of any bamboo plant or root,
and the Code Enforcement Officer of the City, by observation or inspection,
determines that there is an encroachment or invasion on any adjoining
private or public property or public right-of-way, the City shall
notice the bamboo property owner in writing that the bamboo has invaded
other private or public property or public right-of-way and demand
the removal of the bamboo from such other private or public property
or public right-of-way and demand confinement against future encroachment
or the total removal from the bamboo property owner's property. Notice
shall be provided by certified, return receipt requested mail and
regular mail. If the bamboo property owner does not remove or contract
for the removal of the bamboo from such other private or public property
or public right-of-way within 30 days of the date of notice, the Code
Enforcement Officer of the City of Gloucester City shall cause a citation
to be issued, enforceable through the Municipal Court of the City
of Gloucester City, as well as civil proceedings for injunctive or
civil relief. Nothing herein shall be interpreted as limiting the
rights of a private property owner to seek civil relief through a
court of proper jurisdiction, nor the institution of civil proceedings
against the proper parties. When an encroachment is upon public property
or a public right-of-way, the City of Gloucester City, at its discretion,
may remove or contract for the removal of such bamboo from the City
property or public right-of-way, the cost of which shall be the responsibility
of the bamboo property owner and shall be assessed as a lien against
the property on which the bamboo growth originated. The cost of removal
from the City-owned property and/or public right-of-way shall include
the installation of an appropriate barrier to prevent future bamboo
invasion.
(d)
Replanting prohibited. Any bamboo - running or clumping, either
planted or caused to be planted or existing on the effective date
of this regulation, may not be replanted or replaced once such bamboo
is or has become dead, destroyed, uprooted or otherwise removed.
B.
Appearance of exterior of premises and structures. The exterior of
the premises, the exterior of structures and the condition of accessory
structures shall be maintained so that the appearance of the premises
and structures shall not constitute a blighting factor for adjoining
property owners, including the following:
(1)
Storage of commercial and industrial material. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas equipment and materials relating to commercial
or industrial uses, unless permitted for the premises under Chapter
93, Zoning.[1]
[1]
Editor's Note: Chapter 93, Zoning, was repealed 1-2-1997 by
Ord. No. 36-1996. Said ordinance, which adopted the Development Ordinance,
is on file in the office of the City Clerk.
(2)
Landscaping. Premises with landscaping and lawns, hedges and bushes
shall be kept trimmed and from becoming overgrown and unsightly where
exposed to public view and where the same constitute a blighting factor
depreciating adjoining property.
(3)
Reconstructed walls and sidings. Reconstructed walls and sidings
of nonresidential structures shall be of standard quality and appearance
commensurate with the character of the properties in the same block
and on both sides of the street on which the premises front, such
that the materials used will not be of a kind that, by their appearance
under prevailing appraisal practice and standards, will depreciate
the values of the neighboring and adjoining premises as aforesaid.
(4)
General maintenance. The exterior of every structure or accessory
structure, including fences, shall be maintained in good repair. The
same shall be maintained free from broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition reflective
of deterioration of inadequate maintenance, to the end that the property
itself may be preserved safely and fire hazards eliminated and the
adjoining properties protected from blighting influences. A periodic
(every month) exterminating service shall be maintained in all multiple
family dwellings.
(5)
Street numbers affixed to buildings. Each building to which street
numbers have been assigned shall have a number displayed in a position
easily observed and readable from the public right-of-way. All numbers
shall be in Arabic numerals, at least three inches (76 millimeters)
high and with a one-half-inch- (thirteen-millimeter-) wide stroke.
C.
Structural and general maintenance.
(1)
The outside building walls shall not have any holes or loose boards
or any broken, cracked or damaged finish which admits rain, cold air,
dampness, rodents, insects or vermin.
(2)
Every dwelling shall be so maintained as to be weather- and water-tight.
(3)
Basements, cellars and crawl spaces shall be free from moisture resulting
from seepage, and cross-ventilation shall be required where necessary
to prevent accumulations of moisture and dampness, and they shall
be paved with stone or concrete not less than four inches thick and
shall be maintained at all times in a condition so as be smooth, clean,
free from cracks, breaks and other hazards.
(4)
All parts of the premises shall be maintained so as to prevent infestation.
(5)
All parts of the dwelling shall be kept in a clean and sanitary condition,
free from nuisance and free from health, safety and fire hazards.
(6)
Every roof, roof gutter, flashing, rainwater conductor and roof cornice
shall be weather- and rain-tight and shall be kept in good repair.
(7)
All accessory structures including but not limited to garages, sheds,
decks, gazebos, patios, screen houses, awnings, carports, pools, hot
tubs, fish ponds, shall be maintained for its intended use and shall
be free from all nuisances, and free from health, safety and fire
hazards.
[Added 2-28-2013 by Ord.
No. O03-2013]
D.
Disposal of unwanted furnishings, trash, junk and debris. Upon the vacancy of any dwelling unit or other premises, whether for residential, commercial or industrial use, and regardless of vacancy being effected voluntarily or by eviction, the owner shall be responsible for the disposal of any and all unwanted furnishings, trash, junk and debris when the same is in excess of the limits established in § 51-3H of this Code. Such disposal shall be by a private hauler contracted by the owner. Unwanted furnishings, trash, junk and debris that are within the limits established in § 51-3H shall be placed at curbside for disposal only in accordance with § 51-5 of this Code.
[Added 5-6-1999 by Ord.
No. 4-1999]
E.
All commercial properties are required to maintain the exterior of
the premises free from unsanitary conditions and shall abide by the
following requirements for storage and disposal of garbage, refuse
and rubbish:
[Added 5-26-2022 by Ord.
No. O07-2022]
(1)
Garbage and refuse shall be placed in a watertight receptacle equipped
with handles and a tight-fitting lid. The receptacle shall be covered
at all times to prevent access to flies, rodents and other vermin.
Plastic bags are not an approved receptacle.
(2)
Rubbish shall be placed in a metal or heavy-duty plastic receptacle
equipped with handles and a lid. Plastic bags are not an approved
receptacle.
(3)
Outdoor storage of garbage, refuse and rubbish shall be in the rear
or side of the property and not in view from any public right-of-way
or residential property. If this cannot be accomplished due to topographical
hardships, storage areas shall be enclosed and screened to prevent
public view of the garbage, refuse and rubbish.
(4)
All receptacles required herein shall be supplied by the occupant
or owner of the commercial premises and placed prior to collection
between the curb and sidewalk, where they shall be readily accessible
to the collector. Receptacles shall be placed curbside of the commercial
property no sooner than 5:00 p.m. the evening prior to scheduled collection.
Empty receptacles shall be removed from their collection location
no later than 7:00 p.m. on the day of scheduled pickup.
(5)
Receptacles shall be maintained and kept clean and in good repair
to ensure safe handling. Receptacle replacement shall be ordered by
the appropriate enforcement officer if they become unkept.
(6)
The receptacles herein required, together with their contents, shall
be of such weight and design as to be conveniently handled by one
man, and the receptacles and contents shall not weigh more than 50
pounds. All regularly scheduled curbside pickups are subject to a
limitation of 10 receptacles per property.
A.
Responsibility of the owner or operator. The owner or operator shall have the duty and responsibility of removing garbage wherever a janitor is required for the premises in accordance with Subsection C of this section.
B.
Storage areas. All accumulation of trash and debris shall be removed
daily from collection areas and trash chutes if the trash compactor
is out of order. In dwellings containing 50 or more units, storage
areas or storage bins of fireproof construction and containing fireproof
walls and partitions of at least two hours' rating shall be provided.
C.
Janitorial service. In every dwelling containing three or more dwelling
units or rooming units or combination thereof, the owner shall provide
or designate a superintendent, janitor, caretaker, housekeeper or
other responsible person who is readily available to perform the foregoing
duties, who shall, at all times, maintain the premises in compliance
with the code and keep the premises free from filthy garbage, refuse
and rubbish, and who shall be responsible for the daily collection
of garbage and other refuse from the occupants on a regular schedule
and at a reasonable time and placement of the same out for collection.
Said person shall be regularly available on the premises to perform
the foregoing duties and, in the case of complexes of 50 or more units,
shall reside on the premises. In the event that said superintendent,
janitor, caretaker, housekeeper or other responsible person who is
readily available to perform the foregoing duties shall not reside
in said premises, the owner or operator shall make his name, address
and telephone number known to all tenants and shall register the same
with the public officer, and shall also make available and known to
all tenants and the public officer the name of an alternative individual
who shall be responsible at all times during the absence of said superintendent,
janitor, caretaker, housekeeper or other responsible person who is
readily available to perform the foregoing duties. The failure of
any superintendent, janitor, caretaker, housekeeper or other responsible
person who is readily available to perform the foregoing duties to
comply with the provision of this code, even in disobedience of instructions,
shall not relieve the owner or operator from the duties and responsibilities
imposed by this code. Additionally, the owner or operator shall register
the name, address and telephone number of said owner or operator with
the public officer.
Any change in commercial use or commercial use by way of a new
operator on the first floor of any apartment building where such use
is permitted shall require a new occupancy certificate.
No currently unregistered and/or uninspected motor vehicle shall
be parked, kept or stored on any property, and no vehicle shall at
any time be in a state of major disassembly, disrepair or in the process
of being stripped or dismantled.
