[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:
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.
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.
Shall mean a covered container which is rodent-, varmint-
and insect-proof.
Shall mean any employee, visitor, customer or any other person
upon a subject premises, whether invited or not, directly or indirectly.
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.
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.
Shall mean any owner, tenant, trustee, receiver, executor,
administrator or other person who controls, in whole or in part, any
subject premises.
[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]
[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:
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:
Tri-axle trucks.
Cement mixers.
Any tractors, backhoes, bulldozers, excavating equipment or
other equipment normally associated with commercial activities.
Dump trucks, box trucks and panel trucks.
Lifts, scissor lifts, cherry pickers or any trucks or other
vehicles containing the same.
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.
Any asphalt rollers, graders or other vehicles used for leveling
ground or placing or removing asphalt.
Any trucks used primarily for plowing or spreading of salt,
sand, chemicals or fertilizers.
Any chipper, wood spreader, or similar vehicle or equipment.
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.
[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:
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.
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.
[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.
