[Ord. No. 1508]
This chapter shall be known as the "Property Maintenance Code"
of the Township of West Caldwell.
[Ord. No. 1508]
It is hereby found and determined that there exist in the Township
of West Caldwell structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect
to structure, equipment or maintenance. It is further found that conditions
of the above-described property, including but not limited to structural
deterioration, lack of maintenance and appearance of the exterior
of premises, infestation, lack of essential heating, plumbing, storage
of refrigeration equipment, lack of maintenance or upkeep of essential
utilities and facilities, 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 Township of West Caldwell.
The Governing Body of the Township of West Caldwell further finds
and declares that, by reason of lack of maintenance and the existence
of progressive deterioration, certain properties have the further
effect and/or the further potential effect of creating blighted conditions
that, if the same are not curtailed and/or 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 regulation and restrictions as herein
contained, the growth of depressed areas, and blight may be prevented.
It is further found that such prevention will maintain neighborhood
and property values, as well as the desirability and amenities of
residential and nonresidential uses; and it is further found that
such prevention will protect and foster the public health, safety
and welfare.
[Ord. No. 1508]
The purposes of this Property Maintenance Code are as follows:
a. To protect the public health, safety and welfare of the citizens
of West Caldwell by establishing minimum standards governing the maintenance,
appearance, conditions and occupancy of property.
b. To establish and authorize procedures for the enforcement of this
Code.
c. To fix certain responsibilities and duties upon owners, tenants and
operators and distinct and separate responsibilities and duties upon
occupants; to authorize and establish procedures for the inspection
of residential and nonresidential premises.
d. To fix penalties for the violations of this Code.
[Ord. No. 1508; Ord. No. 1730]
The following terms, whenever used herein or referred to in
this Code, shall have the respected meanings assigned to them, unless
a different meaning clearly appears from the context. All definition
of the 2012 International Property Maintenance Code are hereby incorporated
herein by reference.
DETERIORATION
Shall mean the condition of a building or structure 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.
EXCESSIVE
Shall mean greater than what is usual or proper.
EXPOSED TO PUBLIC VIEW
Shall mean any premises or any part thereof of any building
or structure or any part thereof which may be lawfully viewed by the
public or any member thereof.
EXTERMINATION
Shall mean the control and elimination of insects, rodents
and vermin.
GARBAGE
Shall mean putrescible and vegetable waste resulting from
the handling, preparation, cooking and/or consumption of food. (See
also "refuse" and "rubbish".)
HABITABLE ROOMS
Shall mean rooms used or designed for use by one or more
persons for living or sleeping or cooking and eating, including garages
beneath such rooms, but not including bathrooms, water-closet compartments,
home laundries, serving and storage pantries, corridors, foyers, vestibules,
cellars, heater rooms, boiler rooms or utility rooms. Other rooms
or spaces that are not used or have less than 50 square feet of interior
floor area shall not be considered as habitable rooms.
INFESTATION
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard either to the
occupants of the premises and/or to surrounding properties and/or
residents.
MIXED OCCUPANCY
Shall mean any building containing one or more dwelling units
or rooming units and also having a portion thereof devoted to non-dwelling
uses.
NUISANCE
Shall mean:
a.
Any public nuisance recognized in common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Township of West Caldwell.
b.
Any attractive nuisance which may prove detrimental to the health
and/or safety or children, whether in a building, on the exterior
of premises or upon an unoccupied lot. Attractive nuisances include
but are not limited to: abandoned wells, shafts, basements, excavations,
abandoned swimming pools, abandoned ice boxes, freezers and/or refrigerators,
motor vehicles, campers, any structurally unsound fences or structures,
lumber, trash, broken window glass, fences, debris or vegetation such
as poison ivy, oak or sumac which may prove hazardous for inquisitive
minors.
c.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
d.
Overcrowding of a room with occupants in violation of the New
Jersey State Fire Code and local ordinances.
e.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
f.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this Code.
g.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
h.
Fire hazards, which shall include but not be limited to the
maintenance and/or storage of combustible materials or flammable chemicals
and/or the maintenance of an uncontrolled open fire.
OPERATOR
Shall mean any person who has charge, care or control of
a dwelling or premises or any part thereof, whether with or without
the knowledge and consent of the owner.
OWNER
Shall mean 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 who shall
have charge, care or control of any dwelling unit as owner or agent
of the owner or as executor, executrix, administrator, administrative
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 assigning any part 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.
PARTNERS IN INTEREST
Shall mean all individuals, associations and corporations
who have interest of record in a building or premises and any who
are in actual possession thereof.
PREMISES
Shall mean a lot, or parcel of land, including the buildings
or structures thereof.
PUBLIC OFFICER
Shall mean any officer who is in charge of any department
or branch of the government of the Township of West Caldwell, County
of Essex or State of New Jersey, relating to health, fire, building
regulations or to other activities concerning buildings in the Township.
Includes but is not limited to Township Administrator, Code Enforcement
Official, Police Chief, Fire Chief, Fire Code Official, Director of
Public Works, Zoning Officer, Building Subcode Official and any other
Construction Code Official.
REFUSE
Shall mean all putrescible and nonputrescible solid waste
(except body waste), including but not limited to garbage, rubbish,
ashes, street cleanings, dead animals, abandoned vehicles and solid
market and industrial wastes. (See also "garbage" and "rubbish".)
RUBBISH
Shall mean nonputrescible solid waste 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 "garbage" and "refuse.")
VEHICLE
Shall mean a machine propelled by other than human power,
designed to travel along the ground by use of wheels, treads, runners
or slides and to transport persons or property or pull machinery,
including an automobile, truck, trailer, motorcycle, camper, tractor,
buggy, wagon, lawn mower, snow and/or leaf blower and boats.
[Ord. No. 1508]
Nothing in this chapter shall be construed to abrogate or impair
the powers of the Township of West Caldwell to enforce any provisions
of its ordinances or regulations or prevent or punish violations thereof,
and the power conferred by this chapter shall be in addition to and
supplemental to the powers conferred by any other law or ordinance.
[Ord. No. 1730]
The Township Administrator, Construction Code Official, Construction
Subcode Officials, Zoning Officer, Health Officer, and Fire Official/Inspector
shall have the authority to enforce this Property Maintenance Code.
[Ord. No. 1508]
The provisions of this section shall be enforced by the Construction
Code Enforcement Official or his/her designated representative, who
shall be referred to herein as the "enforcing agent."
[Ord. No. 1508]
The owner, tenant or operator of lands lying within the limits
of the Township of West Caldwell shall keep all brush, hedges and
other plant life growing within 10 feet of any roadway and within
25 feet of the intersection of two or more roadways cut to a height
of not more than 2 1/2 feet, where the Construction Code Enforcement
Official or his/her designated representative shall deem it necessary
and expedient for the preservation of public safety.
[Ord. No. 1508]
After a determination by the Construction Code Enforcement Official
or his/her designated representative that it is necessary and expedient
for the preservation of public safety to cut brush, hedges or other
plant life, 10 days' notice shall be given by the Construction
Code Enforcement Official or his/her designated representative, in
writing, by mail or personal service, to the owner, tenant or operator,
notifying him/her of the determination.
[Ord. No. 1508; Ord. No. 1730]
a. If the owner, tenant or operator shall fail to cut, remove or otherwise
abate brush, weeds or other plant life, obnoxious growths, filth,
garbage, trash, refuse or debris within 10 days after the giving of
notice, the cutting, removal or abatement shall be done by the Department
of Public Works or a private service hired by the Township.
b. The Director of Public Works shall certify the cost thereof to the
Governing Body of the Township at its next regular meeting thereafter.
The Governing Body shall examine the certificate and, if found to
be correct, shall cause the cost, as shown thereon, to be charged
against the lands. In the event such cost is found to be excessive
by the Governing Body, it shall cause a reasonable cost therefor to
be charged against the lands. The amount so charged shall forthwith
become a lien on the lands and shall be added to and become and form
a part of the taxes next to be assessed and levied upon the lands
and shall bear interest at the same rate as other taxes and be collected
and enforced by the same officers and in the same manner as taxes.