Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. No. 91-14 § 1; Ord. No. 2000-21]
A certain document, three copies of which are on file in the office of the Construction Official of the Township, being marked and designated as "The BOCA 2000 International Property Maintenance Code," as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Township; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA 2000 International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection 11-1.2.
[Ord. No. 91-14 § 2; Ord. No. 2000-21; Ord. No. 2012-13]
The BOCA 2000 International Property Maintenance Code is amended and revised in the following respects:
Section 101.1 Insert: Township of Fairfield
Section 103.6 Delete section;
Section 106.4 Add to existing language the following:
Any person, firm or corporation, who shall violate any provision of this Code shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than $1,000 per day or imprisonment for a term not to exceed 30 days, or both, at the discretion of the Court;
Enforcement; Notice of Violation; Action by Township.
a. 
This section shall be administered and enforced by the Code Enforcement Official.
b. 
Upon determination by the Code Enforcement Official that violation of Subsection 11-1.1 exists, he shall serve upon the occupant or user of the premises a written notice of the violation and shall mail a copy of the notice to the owner of record of the subject premises at the address shown on the last preceding assessment roll. If the violation is not corrected within 10 days of the issuance of the notice, the Code Enforcement Official is authorized, empowered and permitted to apply for relief before any Court of competent jurisdiction by the filing of a complaint alleging the violation hereof.
c. 
In addition to any penalty provided for in this section or any other ordinance of the Township, the Code Enforcement Official, upon the direction of the Township Council, is hereby authorized and empowered to provide such services to cure the violation to ensure maintenance of vacant structures and premises thereof or vacant land in clean, safe, secure and sanitary condition so as to not cause a blighting problem or adversely affect the public health or safety and to ensure all premises and exterior property are free from weeds or plant growth in excess of 10 inches (24 mm), if after 30 days have expired since the issuance of letters by registered mail addressed to the owner of record of the premises as shown on the last preceding assessment roll, such maintenance required to be performed by or on behalf of the owner has not been accomplished.
d. 
All costs and expenses incurred by the Township in connection with any action hereinabove described shall be assessed against the land on which the screening facilities are located. Any time a notice is sent pursuant to the provisions of this section, a copy of this section shall be attached to the notice.
Section 303.14 Insert: April 1 and October 1 respectively;
Section 602.3 Insert: September 1 and April 1 respectively;
Section 602.4 Insert: September 1 and April 1 respectively.
[Ord. No. 91-14 § 3]
That nothing in this section 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 Subsection 11-1.2; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[1969 Code § 45A-1; Ord. No. 670]
The Township Council, believing that certain action is reasonably required to preserve and safeguard the public health, safety, welfare and morals and being desirous of providing for the cleanliness, maintenance and preservation of parking areas and other areas provided for or acquired in connection with any subject premises, does hereby enact this section regulating the use and maintenance of parking areas, accessory areas or other open space used in connection therewith.
[1969 Code § 45A-2; Ord. No. 670]
As used in this section:
ACCESSORY AREAS
Shall mean any buffer zones, setbacks, side and rear yards or other areas, whether surfaced or natural, or open space used in connection with the subject premises.
GARBAGE
Shall mean any material goods, wares, merchandise, ingredients, parts or by-products thereof which are sold, offered for sale, manufactured, processed, repaired or assembled by business or commercial firms or private individuals, which have been discarded and contain waste matter from any animal, fish, fowl, fruit or vegetable matter resulting from the use, storage and growth of food, garden and tree fruits and vegetables, yard trimmings, grass, small tree branches, cuttings from shrubs, brush or hedges and leaves, tin, glass or other food containers, discarded combustible and noncombustible waste materials, soil, ashes, residue from combustible materials, newspapers, paper, rags, cartons, boxes, excelsior, straw, rubber, leather, metals, mineral matter, crockery, dust and sweepings from buildings.
GARBAGE CONTAINER
Shall mean a covered container which is rodent-, varmint- and insect-proof.
INVITEE
Shall mean any employee, visitor, customer or any other person upon a subject premises, whether invited or not, directly or indirectly.
PARKING AREA
Shall mean space provided for the parking of a vehicle, together with the means of ingress and egress thereto and the roads and driveways of any subject premises.
SUBJECT PREMISES
Shall mean any premises which contains, in whole or in part, any parking area servicing any industrial, commercial, professional, educational entertainment or recreational use or any premises which contains, in whole or in part, any parking area servicing any area regularly used for purposes or functions to which the general public is invited, directly or indirectly; the ingress and egress thereto; roads and driveways therein; buffer zones; setbacks or other open space in connection with any of the above-described uses; or any other open areas provided for in connection with which the issuance of a certificate of occupancy, variance or special permit is required pursuant to the Zoning Code of the Township[1] or any law applicable to such premises or use thereof.
USER
Shall mean any owner, tenant, trustee, receiver, executor, administrator or other person who controls, in whole or in part, any subject premises.
[1]
Editor's Note: See Chapter 45, Zoning.
[1969 Code § 45A-3; Ord. No. 670; Ord. No. 762]
It shall be unlawful for any user of a subject premises to fail to comply with the following:
a. 
Keep premises free and clear of dirt, debris, rubbish, garbage and other obstructions and to keep the same properly repaired and maintained.
b. 
Keep all roads, driveways and means of ingress and egress free of snow and ice.
c. 
Keep parking areas sufficiently clear of snow as to permit proper use of the parking area.
d. 
Keep all water drains and water drainage systems for the parking area driveways and roads therein clean and in good working order.
e. 
Keep all sidewalks, fences, buffer zones, side and rear yards and setbacks clean and the grass, shrubbery, retaining walls, slopes and other space in connection therewith in a well-maintained order. All curbings, fences, screening or signs shall also be properly maintained.
f. 
Keep the parking lines for parking spaces required properly painted and marked.
g. 
Keep all exterior areas free and clear of the storage of goods, wares and merchandise except for reasonable periods for loading and unloading.
h. 
Keep all garbage stored in the designated place or places and in proper garbage receptacles.
i. 
Keep all on-site parking areas adequately lighted during the hours of operation and use.
[1969 Code § 45A-4; Ord. No. 670]
a. 
This section shall be administered and enforced by the Code Enforcement Official.
b. 
Upon determination by the Code Enforcement Official that a violation of Subsection 11-2.3 exists, he shall serve upon the user of the premises a written notice of the violation and shall mail a copy of the notice to the owner of record of the subject premises at the address shown on the last preceding assessment roll. If the violation is not corrected within 10 days of the issuance of the notice, the Code Enforcement Official is authorized, empowered and permitted to apply for relief before any Court of competent jurisdiction by the filing of a complaint alleging the violation hereof.
c. 
In addition to any penalty provided for in this section or any other ordinance of the Township, whenever any government agency of the Township requires screening facilities for any subject premises, the Code Enforcement Official, upon the direction of the Township Council, is hereby authorized and empowered to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening on land within the Township, if after 30 days have expired since the issuance of letters by registered mail addressed to the owner of record of the premises as shown on the last preceding assessment roll, such fences, trees, plantings, shrubbery or other screening are not so erected, replaced, repaired or maintained by or on behalf of the owner. All costs and expenses incurred by the Township in connection with any action hereinabove described shall be assessed against the land on which the screening facilities are located. Any time a notice is sent pursuant to the provisions of this section, a copy of this section shall be attached to the notice.
[1969 Code § 45A-5; Ord. No. 670; New]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 99-07 § 1]
The purpose of this section is to require clear display of numbers which have been authorized and assigned to all houses, buildings or other structures which have frontage on any street in the Township of Fairfield in order to assist the general public, Police and Fire Departments, and emergency services, both public and private, in identifying the property in case of emergency.
[Ord. No. 99-01 § 1]
All dwelling houses, stores, buildings or other structures erected or to be erected in the Township of Fairfield shall display house numbers assigned by the Tax Assessor, or other Township designee, as provided herein.
[Ord. No. 99-07 § 1]
The owner, occupant or lessee of each and every home, store or other building which now fronts or may front upon any public or private street within the Township of Fairfield shall, at his own expense, within 90 days after the adoption of this section, cause the assigned number of such house or building to be permanently and conspicuously placed in accordance with the specifications set forth herein.
[Ord. No. 99-07 § 1; Ord. No. 2007-13 §§ 1, 2]
a. 
House or building numbers shall be:
1. 
In Arabic numerals or letters.
2. 
A minimum height of three inches.
3. 
Mounted in a secure fashion on the front of the building or both sides of a curb mailbox so as to be clearly visible and conspicuous from the street.
4. 
Of a contrasting color to the background and arranged in such a manner so as to be clearly legible from the street.
5. 
At least 30 inches above ground level and so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the street upon which the building fronts.
[Ord. No. 99-07 § 1]
House numbers shall be assigned by the Tax Assessor, or other Township designee. Every owner, occupant or lessee of a building constructed or to be constructed in the Township of Fairfield apply to the Construction Code official for an authorized number.
[Ord. No. 99-07 § 1; Ord. No. 2007-13 § 3]
Upon the failure of an owner, occupant or lessee to ascertain and affix upon any building or mailbox to which this section applies the assigned number within 90 days after the final adoption and publication of this section, or 30 days after a letter of noncompliance has been issued, the Township of Fairfield may enforce the provision herein. Violations shall be cited by members of the Police Department, Fire Inspectors or Zoning Inspectors representing the Township of Fairfield.
[Ord. No. 99-07 § 1]
A person who violates the provisions of this section shall, upon conviction, be punished by a fine of $25 for a first offense. Any subsequent violations shall be punished by a fine of no less than $50 and not to exceed $100.
[Ord. No. 2016-05]
The Township Council has determined that vacant and abandoned property within the Township of Fairfield pose a special hazard to the health, safety, and welfare of the public, and therefore enacts this section to regulate the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential properties on which a summons and complaint in an action to foreclose has been filed.
[Ord. No. 2016-05]
The creditor filing the summons and complaint in an action to foreclose upon a property located in the Township of Fairfield shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. If the creditor is located out-of-State, then the creditor shall appoint an in-State representative or agent to act for the foreclosing creditor.
[Ord. No. 2016-05]
a. 
This section shall be administered and enforced by the Code Enforcement Official.
b. 
Upon determination by the Code Enforcement Official that a creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property, a notice of violation shall be issued to the creditor. Such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of a notice pursuant to this subsection shall constitute proof that a property is "vacant and abandoned" for the purposes of P.L.2012, c. 70 (N.J.S.A. .2A:50-73).
c. 
A creditor found by the Fairfield Township Municipal Court, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this section shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
[Ord. No. 2016-05]
a. 
An out-of-State creditor shall include the full name and contact information of the in-State representative or agent in the notice advising the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served, as required by Subsection (1) of Subsection a. of Section 17 of P.L.2008, c. 127 (N.J.S.A. 46:10B-51).
b. 
An out-of-State creditor found by the Fairfield Township Municipal Court, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-State representative or agent shall commence on the day after the ten-day period set forth in Subsection (1) of Subsection a. of Section 17 of P.L.2008, c. 127 (N.J.S.A. 46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
[Added 9-24-2019 by Ord. No. 2019-22]
The Township Council has determined that a prohibition of the keeping of commercial vehicles and equipment within the Township of Fairfield beyond the period within which the vehicles and equipment are actively used for approved construction will help maintain the character of properties within the Township and promote the health, safety and welfare of the public.
As used in this section:
COMMERCIAL VEHICLES AND EQUIPMENT
All vehicles and equipment generally used for commercial purposes or displaying commercial license plates, and shall include, but shall not be limited to, the following:
a. 
Tri-axle trucks.
b. 
Cement mixers.
c. 
Any tractors, backhoes, bulldozers, excavating equipment or other equipment normally associated with commercial activities.
d. 
Dump trucks, box trucks and panel trucks.
e. 
Lifts, scissor lifts, cherry pickers or any trucks or other vehicles containing the same.
f. 
Any trucks or other vehicles which contain flashing, display or other type signs used to give warning or information to motorists approaching construction sites or to advertise a product.
g. 
Any asphalt rollers, graders or other vehicles used for leveling ground or placing or removing asphalt.
h. 
Any trucks used primarily for plowing or spreading of salt, sand, chemicals or fertilizers.
i. 
Any chipper, wood spreader, or similar vehicle or equipment.
j. 
Tow trucks.
a. 
The keeping of commercial vehicles and equipment on properties shall only be permitted so long as they are being actively used for construction, demolition, or landscaping on a property for which Township approval has been granted.
b. 
There shall be a rebuttable presumption that commercial vehicles and equipment that meet any of the following criteria are not being actively used and that the keeping thereof shall be unnecessary and in violation of this section:
1. 
Commercial vehicles and equipment that have been located on a property for more than two weeks;
2. 
Commercial vehicles and equipment that have not been used for two or more days;
3. 
Commercial vehicles and equipment that are located on a property in a manner that violates the terms of any Township approval; or
4. 
Duplicate commercial vehicles and equipment located on the same property where not all such commercial vehicles and equipment are reasonably necessary for the approved scope of work.
c. 
Both the property owner and the owner or operator of commercial vehicles and equipment shall be responsible for ensuring compliance with the provisions of this section.
d. 
Nothing contained in this section shall be construed to prevent public utility companies from performing construction, installation, operation and maintenance of public utilities.
Notwithstanding the prohibition set forth in § 11-5.3, the following exceptions shall apply:
a. 
Two commercial vehicles limited to cars, pick-up trucks, vans, panel vans, and other vehicles with dimensions that are less than or equal to 21 feet in length, eight feet in width, and nine feet in height shall be permitted to park on a property or in the street adjacent to a property occupied by the owner or operator of the vehicle.
b. 
The keeping of commercial vehicles and equipment shall be permitted on properties that have been approved for such use by the Township.
c. 
The keeping of commercial vehicles and equipment shall be permitted if stored in a manner that is approved in writing in advance by the Township Administrator.
Any violation of the provisions of this article shall constitute a violation punishable as provided in Chapter 1, § 1-5, General Penalty, of the Code of the Township of Fairfield.
[Added 9-24-2019 by Ord. No. 2019-23
The Township Council has determined that a prohibition of the keeping of material and debris related to construction and demolition projects within the Township of Fairfield beyond the period within which the material is actively used during the approved scope of work will help maintain the character of properties within the Township and promote the health, safety and welfare of the public.
As used in this section:
CONSTRUCTION MATERIALS
Any material that is used in building or construction of a house, garage or other structure, used in building landscape features or is affixed to the house, garage or structure, and shall include wood, stone, bricks, paneling, sheetrock, tiles, vanities, cabinetry, toilets, bathtubs, sinks, windows, doors, vinyl, and roofing material.
DEMOLITION MATERIALS
All waste materials used in or generated by the demolition or modification of any structure or landscaping and shall include all asphalt, concrete, tree stumps, brush, land clearing debris, structural debris, pallets, waste lumber, scrap metal, metal appliances or other bulk material, and other materials generated from construction and demolition projects larger than one cubic foot and/or five pounds.
a. 
The keeping of construction materials or demolition materials on properties shall only be permitted so long as they are being actively used for construction, demolition, or landscaping for the property on which they are stored and for which Township approval has been granted.
b. 
There shall be a rebuttable presumption that construction materials or demolition materials that meet any of the following criteria are not being actively used and that the keeping thereof shall be unnecessary and in violation of this section:
1. 
Construction materials that have been located on a property for more than two weeks;
2. 
Demolition materials that have been located on a property for two or more days;
3. 
Construction materials or demolition materials that are located on a property in a manner that violates the terms of any Township approval.
c. 
The property owner shall be responsible for ensuring compliance with the provisions of this section.
Notwithstanding the prohibition set forth in § 11-6.3, the following exceptions shall apply:
a. 
The keeping of construction materials or demolition materials shall be permitted on properties that have been approved for such use by the Township.
b. 
The keeping of construction materials or demolition materials shall be permitted if kept in a manner that is approved in writing in advance by the Township Administrator.
Any violation of the provisions of this article shall constitute a violation punishable as provided in Chapter 1, § 1-5, General Penalty, of the Code of the Township of Fairfield.
[Added 9-24-2019 by Ord. No. 2019-24]
The Township Council has determined that a prohibition of the parking of motor vehicles on properties undergoing construction, if the vehicles are unrelated to an active construction site on that property, will help maintain the character of properties within the Township and promote the health, safety and welfare of the public.
a. 
The parking of motor vehicles on a property for which approval for construction, demolition, or landscaping has been granted shall be prohibited unless the vehicles are owned by individuals that are actively working on construction, demolition, or landscaping on the property on which the vehicles are parked.
b. 
There shall be a rebuttable presumption that a vehicle parked in the same location for three continuous days is not associated with active work on construction, demolition, or landscaping on the property on which it is parked.
Notwithstanding the prohibition set forth in § 11-7.2, the following exceptions shall apply:
a. 
The parking of motor vehicles on a property shall be permitted in parking lots, garages, and driveways that have received land use approval for such parking by the Township.
b. 
The parking of motor vehicles on a property undergoing construction shall be permitted if approved in writing in advance by the Township Administrator.
c. 
On a property undergoing construction, the parking of motor vehicles that are registered by the property owner of the property undergoing construction shall be permitted.
Any violation of the provisions of this article shall constitute a violation punishable as provided in Chapter 1, § 1-5, General Penalty, of the Code of the Township of Fairfield.