[1971 Code § 14-4.1; Ord. No. 13-04]
It shall be the duty of the owner, tenant or person in possession of any lands in the Borough:
To keep all brush, hedges or other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than three feet where it shall be necessary and expedient for the preservation of public safety.
To keep the lands free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris when the same are inimical to the preservation of public health, safety or general welfare of the Borough, or which may constitute a fire hazard.
[1971 Code § 14-4.2; Ord. No. 13-04]
After an investigation of any complaint by a resident, officer or employee of the Borough relative to a violation of this section, or upon his own motion, the Property Maintenance Officer or designated official shall investigate and issue a written report of the conditions complained of to the Administrator. If the reported conditions are found to exist, the Property Maintenance Officer shall notify the owner, tenant or person in possession of the lands complained of, in writing, either personally or by registered mail, to remove such brush, rubbish, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris, within 10 calendar days after receipt of the notice. The Property Maintenance Officer or designated official shall reinspect the lands in question after the 10 day period. Nuisances not abated will result in the issuance of a citation.
[1971 Code § 14-4.3; Ord. No. 13-04]
If the owner, tenant or person in possession of the lands in question shall fail to abate the condition complained of within 10 calendar days after receipt of notice, the Property Maintenance Officer or designated official may recommend to the Administrator that the condition complained of to be abated and shall certify that the cost to the Council, who shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[Ord. No. 13-16; Ord. No. 13-17; amended 6-16-2020 by Ord. No. 20-07]
As used in this chapter, the following terms shall have the meanings indicated:
- Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of, or any other entity determined by the Borough of Matawan to have authority to act with respect to the property.
- VACANT PROPERTY
- Any building or structure intended for or having an existing commercial, industrial, mixed-use, single- or multifamily residential use, and which is not legally occupied or at which substantially all lawful commercial, business, construction operations or residential occupancy has ceased, or said structure is in such condition that it cannot legally be occupied without repair, renovation, or rehabilitation; provided, however, that any property that contains all building systems or components in working order and is being actively marketed by its owner for sale or rental shall not be deemed vacant. Property determined to be "abandoned property" in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., which shall include commercial, industrial, single- or multifamily, or mixed-use residential structures are deemed to be vacant property for the purposes of this section. However, the owner or owner's agent shall maintain and secure the property even if the property, building, or structure has been placed for sale or rental until such time as the property, building, or structure is sold or rented and occupied.
Effective upon the adoption of this section, the owner of any vacant property or structure as defined herein shall within 60 days after the building or structure becomes vacant property or within 30 days after assuming ownership of the vacant property or structure, whichever is later, file a registration statement for each such vacant property or structure with the Property Maintenance Officer or any other designated Borough representative on forms provided by the Borough of Matawan for such purposes. The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building or structure remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 15-2.4 of this section for each vacant property registered.
Any owner of any building that meets the definition of "vacant property" prior to the effective date of this section shall file a registration statement for that property on or before September 1, 2020. The registration statement shall include the information required under the appropriate subection of this section as well as any additional information that the Borough may reasonably require.
The owner shall notify the Property Maintenance Officer or any other designated Borough representative within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Borough for such purpose. Upon any transfer of title or change of ownership, the new owner of the vacant property shall be assessed an initial registration fee in the amount of $500 as a new owner.
The registration statement shall be deemed an official record and business record in any administrative enforcement proceeding or court proceeding instituted by the Borough of Matawan against the owner, owners, or other responsible parties responsible for the building or structure.
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property or structure shall provide access by the Borough's agent or representative to conduct an exterior and interior inspection of the building to determine compliance with the Municipal Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
The registration statement shall include the name, street address and telephone number of a person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey. The statement shall also include the name of the person responsible for the maintenance and security of the property, if different.
An owner who is a person who meets the requirements of this section as to location of residence or office may designate him or herself as agent.
By designating an authorized agent under the provisions of this section, the owner or designated agent consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Borough's agent or representative of a change of authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this section.
The initial registration fee for each building shall be $500. The fee for the first renewal is $1,000, and the fee for the second renewal is $1,500. The fee for any subsequent renewal beyond the second renewal is $2,000.
The owner, owners, or the authorized agent of any building that has become or is a vacant property, and any person maintaining, operating or collecting rent for any such building that has become vacant shall, within 30 days:
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the State of New Jersey and the Borough of Matawan, or as set forth in rules and regulations adopted by the Borough of Matawan to supplement those codes; and
Post a permanent laminated or protected sign in a form specified by the Borough agent or representative and affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process, and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches. The sign shall be professionally made and printed (no handwritten signs will be permitted); and
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.
The Borough of Matawan may issue rules and regulations for the administration of the provisions of this section as it deems necessary.
Any owner who is not in full compliance with this section or who otherwise violates any provision of this section or of the rules and regulations issued hereunder shall be in addition to the payment of the prescribed licensing fee subject to a fine of not less than $200 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property and all such legal fees associated with any reasonable cost recoverable from the owner as well.
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 15-2.2 through and including § 15-2.5 of this chapter, or such other matters as may be established by the rules and regulations of the Borough of Matawan, shall be deemed to be violations of this section.
Nothing in this section is intended to nor shall be read to conflict or prevent the Borough of Matawan from taking action against owners of building or structures found to be unfit for human habitation or are unsafe structures as provided in applicable provision of the Code of the Borough of Matawan, including but not limited to provisions of the State or Borough Building or Property Maintenance codes. Further, any action taken under any such code provision other than the demolition of a structure shall relieve an owner from its obligations under this section.
This section shall take effect immediately upon final passage and publication and in accordance with the laws of the State of New Jersey.
The administration of this within section shall be under the authority of the Property Maintenance Officer of the Borough of Matawan.
[1971 Code § 19-14.1; Ord. No. 13-04]
All properties, buildings, and structures of residential properties shall be subject to the following regulations:
The exterior of any building, fence, or other structure shall not be allowed to deteriorate to a condition which shall be a health or safety hazard.
No property or premises shall cause the accumulation of broken glass, filth, garbage, rubbish, trash, litter, and debris.
No property or premises shall allow vegetation to become overgrown which shall include brush, weeds, plants, shrubs, and/or grass. In the case of grass and weeds, the same shall not exceed 12 inches in height at any time.
[1971 Code § 19-2; Ord. No. 13-04]
Whereas, it is the purpose of this Article to ascertain whether there are unsafe, unsanitary or unhealthy conditions existing in various commercial and rental properties within the Borough and to determine whether these properties are, or may become, substandard with respect to structural integrity, equipment or maintenance and, further, that such conditions, including but not limited to, structural deterioration, lack of maintenance of exterior of premises, infestation, lack of or poor maintenance of essential heating, plumbing, storage or refrigeration equipment, lack of 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, welfare and reasonable comfort of the citizens and inhabitants of the Borough.
The purpose of the Commercial Property Maintenance Code is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of commercial premises and rental dwelling units; to fix responsibilities and duties upon owners, operators and occupants; to authorize and establish procedures for the inspection of commercial properties and rental dwelling units; to fix penalties for the violations of the Commercial Property Maintenance Code and provide for the right of access by the agents and employees of the Borough to enforce compliance of the provisions hereof whenever necessary. The Commercial Property Maintenance Code is declared to be remedial and essential for the public interest and it is intended that the Commercial Property Maintenance Code be liberally construed to affect the purposes as stated herein.
The scope and purpose of the Commercial Property Maintenance Code shall include jurisdiction to monitor rental of multi-dwelling units and maintenance thereof within the Borough of Matawan.
[Ord. No. 95-18 § B; Ord. No. 13-04]
In accordance with the provisions of NJSA 40:49-5.1, the 2006 International Property Maintenance Code is hereby adopted by reference. Three copies of the 2006 International Property Maintenance Code may be found on file in the Office of the Borough Clerk.
[1971 Code § 19-3; Ord. No. 13-04]
As used in this Article:
- COMMERCIAL PROPERTY
- Shall mean a lot or any tract of land on which, or on any part of which, commercial activity of any kind takes place. Commercial activity shall include, but is not limited to, gasoline stations, retail sales, restaurants, taverns, professional activities, including but not limited to medical, dental, legal, architectural, accounting offices, personal services, including but not limited to real estate, insurance, hairdressers, barber shops, repair shops of all kinds, amusements, including but not limited to movies, skating rinks, bowling alleys, automobile or trailer sales, whether new or used. Commercial activity shall not include sales of agricultural products which are produced on the premises, or a room in a private residence being used by the owner of the residence as an office, provided the office is used solely by the owner of the residence with no employees engaged therein and to which the public is not admitted. In the event that a portion of a private residence is used as a commercial property, the entire premises shall be covered by this Article.
- COMMON AREAS
- Shall mean those portions of any multi-family dwellings which are for the common use of the tenants thereof, or for the use of the general public. These shall include, but not be limited to, common hallways and stairways, foyers, vestibules, basements, laundry rooms, recreation rooms and garages.
- EXTERIOR OF THE PREMISES
- Shall mean open spaces on the premises outside of any building thereon or those portions of such buildings on the premises which are exposed to the public view or the elements.
- Shall mean animal, vegetable and other organic waste, resulting from the handling, preparation, cooking and consumption of food or other products.
- Shall mean and include but not be limited to unsanitary conditions or anything unreasonably offensive to the senses or dangerous to health or anything which renders air, food or drink unwholesome or detrimental to the health of human beings.
- MULTI-FAMILY DWELLING
- Shall mean any premises designed or existing for the purpose of providing residence or abode or habitation of two or more families. These shall include, but not be limited to, homes for two or more families, apartment buildings or rooming houses whether furnished or unfurnished.
- Shall mean:
- a. Any public nuisance known at common law or in law or equity jurisprudence or has been provided for by the statutes of the State of New Jersey or the ordinances of the Borough of Matawan.
- b. Physical conditions dangerous to human life or detrimental to health of persons including but not limited to defective chimney, flue and vent attachments, natural growth, loose over hangings, dangerous unsanitary conditions, sources of infestation, unsafe driveways, walks and paths, including holes, excavations, breaks, projections, icy conditions, uncleared snow or obstructions thereon.
- Shall mean any person or persons, including the owner, having actual possession or control of or use of a building or any part thereof.
- Shall mean any person who alone or jointly or severally with others shall have legal or equitable title to any premises, with or without actual possession thereof, or any agent of the owner, or executor, administrator, trustee, receiver or guardian of an estate, or as a mortgagee in possession, regardless of how such possession was obtained.
- Shall mean any lot or tract of land or any building or structure located thereon.
- Shall mean all putrescible and nonputrescible solid waste, including but not limited to brush, weeds, broken glass, and debris of any description, garbage, rubbish, junk, abandoned motor vehicles and solid market and industrial waste.
- RENTAL DWELLINGS
- Shall mean premises or parts of premises including, but not limited to entire single-family dwellings, an apartment in a building of two or more dwelling units or a furnished room which is rented or leased or provided to a tenant whether for actual cash consideration or as partial remuneration for services rendered.
- RENTAL DWELLINGS
- Shall NOT include those rooms or apartments provided to "immediate family members" within the dwelling unit, occupied by the owner thereof, or any dwelling unit occupied by the owner as a personal residence. "Immediate family members" shall be determined to be fathers, mothers, brothers, sisters, sons-in-law, daughters-in-law, grandparents and any other person of the second degree of kinship as well as civil union partners and their dependents.
- Shall mean combustible and noncombustible waste material, excluding garbage but including liquid commercial and industrial waste.
[1971 Code § 19-4; Ord. No. 13-04]
Where the provisions of the Commercial Property Maintenance Code impose a higher standard than is set forth in any other ordinance of the Borough or under the laws of the State of New Jersey, then the standards set forth herein shall prevail, but if the provisions of the Commercial Property Maintenance Code impose a lower standard than any other ordinances of the Borough or the laws of the State of New Jersey, then the higher standard contained in any other such ordinance or law shall prevail. It is the intention of the Commercial Maintenance Code to supplement, but not to replace other codes, ordinances or laws, either adopted or to be adopted by the Borough or its legally constituted regulatory agencies or laws adopted by the State of New Jersey.
[1971 Code § 19-5.1; Ord. No. 13-04]
The Mayor, with the consent of the Borough Council, shall designate the Property Maintenance Officer who shall serve for a term of one year to exercise the powers prescribed by the Commercial Property Maintenance Code. The appointment shall be for a calendar year and in the event of a vacancy, the vacancy shall be filled for the remainder of the term.
Former Section 15-17, Hearing Board, previously codified herein was deleted by Ordinance No. 13-01.
[1971 Code § 19-6.1; Ord. No. 13-04]
All properties covered by the Commercial Property Maintenance Code must be available and accessible for periodic inspections, which will be made at reasonable and established intervals at the discretion of the Property Maintenance Officer or his authorized representatives. Owners, operators and occupants are required to provide the necessary arrangements to facilitate these inspections. The Property Maintenance Officer is hereby authorized and empowered to apply for, obtain and execute a search warrant for any building subject to the Commercial Property Maintenance Code whenever necessary to inspect such building or premises.
[1971 Code § 19-6.2; Ord. No. 13-04]
All inspections and reinspections shall be made during daylight hours or during hours when the buildings and premises are open to the public, unless other arrangements are jointly made between the Property Maintenance Officer and the owner, operator or occupant of the premises, or, unless there is reason to believe a violation exists of a character which is an immediate threat to health and safety requiring inspection and abatement without delay.
[1971 Code § 19-6.3; Ord. No. 13-04]
All income producing Commercial properties as covered by the Commercial Property Maintenance Code except as listed in subsection 15-18.5 shall be inspected either before occupancy by a tenant not previously occupying the premises or between tenancies and that a Certificate of Occupancy be issued to each subject dwelling unit either before occupancy or between occupancies of tenants; if for any reason the Certificate of Occupancy inspection is requested while the commercial dwelling unit is occupied a letter must accompany the Certificate of Occupancy application requesting a waiver of inspection while the rental unit is occupied outlining the reasons for the waiver request. The granting of this waiver will be at the sole discretion of the Property Maintenance Code Officer.
The Property Maintenance Code Officer may change the day and time of inspection upon verbal notice to the landlord or individual requesting the inspection.
In the event the inspection reveals violations of such a nature so as to render occupancy unsafe, the owner shall be responsible for the reasonable moving costs and temporary dwelling costs of the tenant until the premises are made safe for occupancy.
The landlord shall include in its lease, or a notice attached to the lease, a statement that the State of New Jersey, Department of Community Affairs, inspections municipal dwellings of the three units or more every five years and that the Borough of Matawan has a Property Maintenance Code, copies of which are available for review in the apartment superintendent's office and at the Borough Hall. A brief one page summary of the Property Maintenance Code shall be permanently and (1) conspicuously affixed in every dwelling unit together with a list of telephone numbers of the appropriate officials and employees.
Copies of all notices required under this Article shall be supplied to the owners at the addresses supplied and specified by the owners. The master copies of the notice shall be supplied to all municipal dwelling owners by the Property Maintenance Officer.
[1971 Code § 19-6.4; Ord. No. 13-04]
An inspection will be required when requested by an occupant of a commercial property or by a tenant or occupant of a rental dwelling unit provided that the petitioner:
Is the tenant or occupant of the premises; and
Files the petition in writing with the Property Maintenance Officer of the Borough of Matawan Clerk's Office and with the property owner, specifying a violation under the Commercial Property Maintenance Code; and
Agrees to provide access to the premises under his control for the purposes of inspection and for the abatement of any violation found to exist; and
In the event that a petition for inspection is so made, the property owner shall have 10 calendar days to correct the violation and to notify the Property Maintenance Officer of its action. If petitioner still requests an inspection and if the violation still exists, the property owner shall pay the fee. The inspection will be made within (10) calendar days.
A neighbor or interested party may request an inspection utilizing the same procedure as in 15-18.4b and setting forth the alleged infraction observed.
[1971 Code § 19-6.5; Ord. No. 13-04]
When an inspection certificate has been issued in within the previous 60 days, however, should these premises have been occupied during the 60 day period and a change in occupant is to be accomplished, then the provisions of subsections 15-18.3 regarding inspections shall still apply.
For 12 months after the issuance of a Certificate of Occupancy for a new commercial or rental dwelling unit.
When an existing tenant or occupant remains in the same commercial or rental dwelling unit under a new lease or as a holdover.
[1971 Code § 19-6.5; Ord. No. 13-04]
Within two calendar days after the completion of any inspection covered in subsections 15-18.1, 15-18.3 and 15-18.4, the Property Maintenance Officer shall either:
Issue an inspection certificate indicating favorable findings as to matters which are embraced in the Commercial Property Maintenance Code; or
If, in the opinion of the Property Maintenance Officer, only minor violations are found to exist after the inspection, a temporary inspection certificate can be issued, permitting a new occupant to conditionally occupy the premises. This shall specify that the owner or operator has agreed to make all required repairs within 15 calendar days after the receipt of such a temporary certificate. For the purpose of this paragraph, "minor violations" shall be construed to mean violations whose correction would not exceed a total cost of $1,000 and which do not present an immediate danger to health, safety or welfare of the occupant; or
Issue a written notice of violation to the owner or operator, prohibiting occupancy until reinspection shall show the violations to have been corrected. This notice of violations must enumerate each violation of the Commercial Property Maintenance Code found during the original inspection and give the owner or operator dates for the abatement of these violations.
[1971 Code § 19-7; Ord. No. 13-04]
The exterior of premises and structures shall be kept free of nuisances and hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and free of hazards which will include but are not limited to the following:
Refuse. Broken glass, filth, garbage, trash, litter and debris.
Natural Growth. Brush, weeds, ragweed, stumps, roots and obnoxious growth; dead and dying trees and limbs or other natural growth which, through rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions.
Overhanging. Loose and overhanging objects and accumulations of ice and snow above ground level, which constitute a danger of falling on persons in the vicinity.
Ground Surface Hazards or Unsanitary Conditions. Holes, excavations, breaks, projections, obstructions, ice, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to and used by persons on the premises. All holes and excavations shall be filled and repaired, walks and steps repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions. It shall be the responsibility of owners and operators to take reasonable steps to discover and remove any such hazards or unsanitary conditions which may exist on their premises.
Recurring Accumulations of Stormwater. Adequate run-off drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
Sources of Infestation.
Duty to Remove Snow and Ice. The owner of any commercial property or of an apartment complex consisting of more than one unit shall be required to minimize the hazards associated with the presence of snow, ice and slush on the sidewalks and walkways abutting the property. Snow shall be removed within 24 hours of the last precipitation and sand, salt, ashes or other appropriate material shall be applied to the cleared surface to alleviate any hazardous condition. In apartment complexes all private roadways, primary walkways, steps and porches used by residents to access their units, automobiles, laundry rooms and other common areas shall be cleared in accordance with requirements imposed on commercial property owners. Secondary walkways shall be cleared within 48 hours.
Owners of apartment complexes with less than six residential units may obligate their tenants, by written clause in their lease, to perform the obligations imposed by this section. Where hazardous conditions exist because of the melting and refreezing of water, rain or snow the owner shall be required to make diligent efforts to eliminate or minimize the condition so created.
Where the responsibility for maintenance of premises and structures including but not limited to all landscaping and snow removal has not been designated by a written lease or similar agreement, the responsibility for the same shall be that of the property owner.
[1971 Code § 19-8.1; Ord. No. 13-04]
All trees, shrubs, bushes and hedges and plantings of other types shall be kept trimmed as necessary to prevent them from becoming overgrown and to prevent them from encroaching on all paths, driveways, sidewalks and parking areas to the point where they prevent free movement thereon or otherwise create a hazard to persons using them.
[1971 Code § 19-8.2; Ord. No. 13-04]
All signs of any type permitted by reason of other regulations or as a lawful nonconforming use, shall be maintained, painted and in good repair.
[1971 Code § 19-8.3; Ord. No. 13-04]
All paved areas including, but not limited to, sidewalks, paths, driveways, patios, porches or any type of masonry construction, parking lots, driveways which are accessible to and used by persons on the premises, shall be kept in good repair, free of hazards and unsanitary conditions, including but not limited to holes, excavations, breaks, projections, obstructions, ice, snow and litter. All such holes and excavations shall be filled and repaired, walks and steps repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon discovery. It shall be the responsibility of the owner, operator or occupant to take reasonable steps to discover, remove and abate any such hazard or unsanitary condition which may exist on the premises.
[1971 Code § 19-9; Ord. No. 13-04]
In those types of premises where garbage collection is not provided by municipal collection, it shall be the responsibility of the owner or operator of the premises to provide for, by private contract or otherwise, scavengers for the removal of refuse, rubbish and garbage and shall provide for such removal with sufficient frequency as to prevent undue accumulation on the premises. Further, it shall be the responsibility of the owner or operator of these premises to provide sufficient and suitable receptacles for receiving and holding refuse, rubbish and garbage and receptacles shall be maintained in such a manner with covers in place, so as to prevent the creating of a nuisance, and shall be kept in a place separate and apart from sidewalks and other pedestrian areas, except when set out for collection during the hours of a day scheduled for such a collection.
It shall be the duty of the owner or operator in the case of multifamily dwelling units and the duty of the occupant in the case of commercial premises to maintain the exterior of all premises and common areas of all buildings located thereon in a manner which keeps them free from accumulation of litter, refuse, rubbish and garbage and other unsafe and unsanitary conditions, and to prevent any nuisances from being created thereon.
[1971 Code § 19-10; Ord. No. 13-04]
Every owner, operator or occupant shall be responsible for the elimination of infestation in and on the premises subject to his control.
[1971 Code § 19-11; Ord. No. 13-04]
All parts of the premises under the control of an occupant shall be maintained in a clean and sanitary condition and the occupant shall refrain from any act which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty hereunder required.
Owner shall have the right to petition the Property Maintenance Officer to inspect an apartment if owner believes that a violation exists.
Occupants are specifically made responsible for any litter or excretions of their pets both within the apartment and on the common premises.
[1971 Code § 19-12; Ord. No. 13-04]
All buildings covered by the Commercial Property Maintenance Code shall be kept free of nuisances or other conditions which may constitute health, safety or fire hazards for occupants, neighbors or the general public. The owner, operator or occupant (as provided by contractual agreement between owner and occupant) of every such building shall, along with other responsibilities necessary to attain these objectives:
Maintain all floors and supporting structural members in sound condition capable of safely bearing imposed loads.
Supply properly fitting screens in good repair for windows in multifamily dwellings. Such screens shall be installed and maintained by owner or operator from May 1 to October 1 of each year. Window screens shall be required on those apartments provided with air-conditioning units. All windows shall be in operational order and in the event of double hung combination windows the bottom portion shall be in operational order.
Keep walls and ceilings in good repair, free from breaks, loose plaster and similar conditions. Walls and ceilings shall be protected with paint, paper, sealing material or other covering so they may be clean, free from visible foreign matter, sanitary and well maintained at all times. The use of wall covering materials shall be restricted to those allowed in the lease of landlord. The landlord shall broom clean all apartments prior to occupancy by a new tenant. Every apartment shall be painted prior to the issuance of a Certificate of Occupancy unless the apartment has been painted within the prior six months and upon inspection by the Property Maintenance Code Officer that painting is deemed unnecessary. All leases shall contain a provision that all apartments shall be painted during the term of tenancy but no less than at three year intervals. If the landlord fails to paint or, at the tenant's request, fails to provide reasonable credit for paint, the tenant may request an inspection by the Property Maintenance Code Officer. The Officer shall declare the extent to which, if any, painting must be provided by the landlord.
Maintain all stairways structurally sound and free from defects, provide hand railings or banisters for all stairs, balconies, fire escapes and stairwells, keeping them securely attached, maintained free from defects and of sufficient height to guard against accidents and be appropriate for use by persons of normal height; provide adequate lighting for all stairs with control switches operable from each story except in those cases where artificial lighting for hallways and common areaways is supplied in accordance with State law from a master control switch.
Maintain the building electrical system, including but not limited to fuse panels, lighting switches and wall outlets in a safe and operable manner.
Maintain the buildings, heating system, including but not limited to all furnaces, boilers, plumbing, ductwork, radiators, vents, chimneys, flues, thermostats and other regulatory and safety devices in operable condition and free of defects.
Maintain all connections of plumbing fixtures to the sanitary sewer through lines which are free of leaks, corrosion or deterioration and provide unobstructed passage from the plumbing facilities within the dwelling to the sanitary sewer. Maintain all plumbing fixtures in a sanitary and operable condition and free from holes and leaks. Maintain hot water system, including all safety devices connected thereto in operable condition and free of defects.
Provide for maintenance of all common areas on the premises at sufficient intervals to insure that they are maintained in a safe, sanitary and orderly condition.
In all multifamily apartments smoke detectors approved by Underwriters Laboratories shall be installed and maintained in each apartment by the owner upon the earliest of the following events:
All commercial property which have residential units attached shall have smoke alarms and/or heat detectors, with the commercial unit alarms audible within the residential units. All such detectors must be approved by the Property Maintenance Officer who will also determine the number and locations of the same.
All sidewalks, steps, driveways, parking spaces, and other paved areas intended for public use shall be kept in a proper state of repair and free of snow, ice, and all debris. The owner, operator, or occupant shall repair or replace any sidewalk or driveway, which by reason of its condition shall constitute a danger to public health or safety.
Every occupant wall shall be free of breaks, loose or rotting boards or timbers, and shall not admit rain or dampness to the interior walls or occupied spaces of the building. All exterior surface materials shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.
Roofs shall be structurally sound, water-tight and impervious to rain. Gutters and drain spouts shall be properly maintained. Runoff from drains and roofs shall not erode soil or create a hazardous condition.
All decorative features shall be maintained in good repair and shall be safely anchored to the structure.
All overhanging extensions such as canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, and exhaust ducts shall be protected against decay and rust by the application of weather coating material, paint, or other protective treatment. They shall be safely mounted and securely anchored.
The owner, operator, or occupant shall immediately remove all scratches, symbols, words, or other markings commonly known as graffiti.
All chimneys, cooling towers, smoke stacks, and similar structures shall be protected against decay and rust by application of weather coating material, paint, or other protective treatment. They shall be maintained in such a manner that they are structurally safe and in good repair.
Stairs, porches, and balconies and their attachments shall be safely constructed and capable of supporting the imposed loads and shall be maintained in sound condition. Railings must be attached to any rise exceeding 24 inches. Guard rails must be installed in those areas of an open or partially open porch, deck or similar open structures which exceed 24 inch rise from ground level.
Notwithstanding any provision to the contrary all structures and adjoining premises shall be maintained in a safe and sanitary manner. No condition shall be permitted to exist which is hazardous or which detracts from the appearance of the surrounding area.
[1971 Code § 19-13.1; Ord. No. 13-04]
In every complex containing four or more dwelling units, the owner shall provide or designate a superintendent, janitor, caretaker or housekeeper who shall at all times maintain the premises in compliance with the Commercial Property Maintenance Code, the State Uniform Construction Code, the health and sanitary ordinances and fire ordinances of the Borough. In the event the individual shall not reside on the premises, the owner shall make such individual's name, address, telephone number and work schedule known to all tenants and the Borough Clerk the name of an alternate individual who shall be responsible during the absence of the superintendent, janitor, caretaker or housekeeper.
[1971 Code § 19-13.2; Ord. No. 13-04]
In any premises containing 30 or more dwelling units, rooming units or combination thereof, the superintendent or janitor or caretaker or housekeeper shall reside on the premises. Where more than one building or adjoining premises or premises in near proximity, but in no case beyond the boundaries of Matawan Borough, to each other are in common ownership or under common management or maintenance supervision a resident superintendent, janitor, caretaker or housekeeper of one building may assume responsibility for the other building or residence. Where there are six to 30 dwelling units, rooming units or a combination thereof, including condominiums and cooperatives, a part-time superintendent, janitor or caretaker must reside within a reasonable accessible distance from the building.
[1971 Code § 19-13.3; Ord. No. 13-04]
The superintendent, janitor, caretaker or housekeeper shall have sufficient knowledge, competence and responsibility and shall have the authority from the owner or operator to attend to arrange for continual operation of all essential services and facilities required under the Commercial Property Maintenance Code.
[1971 Code § 19-13.4; Ord. No. 13-04]
The failure of any superintendent, janitor, caretaker or housekeeper to comply with the provisions of the Commercial Property Maintenance Code, even in disobedience of instructions, shall not relieve the owner or operator from the duties and responsibilities imposed by the Commercial Property Maintenance Code.
[1971 Code § 19-13.5; Ord. No. 13-04]
The owners of every complex having four or more dwelling units shall file with the Borough Clerk a statement containing the name and address of the owner, the name and address of the lessor if other than the owner and the name and address of the agent, if any, in charge of the premises as well as the name and address of the person authorized to receive notice or process under the Commercial Property Maintenance Code. Upon any change occurring in title or agency, the owners shall within 15 calendar days of the change notify the Borough Clerk in writing as to the change in pertinent information. The Clerk shall transmit this Annual Registration Statement to the Police and Fire Departments and the Property Maintenance Officer.
[1971 Code § 19-13.6; New; Ord. No. 13-04]
The owners of any complex subject to this Article shall, on or before January 31 of each year, file with the Fire Official or other designated official, a complete list of the names of all tenants, the apartment number which they occupy and apartment numbers of all unoccupied apartments. This list shall be updated on April 1, July 1 and October 1 indicating any changes in occupancies and vacancies.
[1971 Code § 19-13.7; Ord. No. 13-04]
Prior to the employment of any person to perform maintenance services to the dwelling units located in the complex, including superintendents, managing agents, and all persons similarly hired to perform services at a location governed by "The Hotel and Multiple Dwelling Law" (N.J.S.A. 5:13A-1 et seq.) the owner shall cause an investigation into whether or not the applicant shall be by reason of training or experience be competent to perform the duties entrusted to him, familiar with the requirements contained in this subsection. "The Hotel and Multiple Dwelling Law" and "The Regulations for Maintenance of Hotels and Multiple Dwellings" (NJAC 5:10-1.1). Additionally, the owner shall make inquiry of the applicant of prior criminal convictions and shall in addition to the inquiry confirm independently the absence or existence of a criminal conviction. This section shall not apply to any person employed or subcontracted by the owner to perform exterior maintenance repairs and who shall not, in the course of his duties, enter into any dwelling unit. The owner shall maintain written confirmation of the investigation, which shall be made available upon demand to the Property Maintenance Code Officer. Failure to comply with the provisions of this section shall subject the owner to the penalties described in Section 15-30.
[1971 Code § 19-14; Ord. No. 01-16; Ord. No. 13-04]
Applications for an inspection certificate, except an application under subsection 15-18.4, shall be submitted in writing to the Property Maintenance Code Officer or to the Clerk's office accompanied by a fee of $35;
In the event that the Property Maintenance Officer or his designated official must return to the commercial or dwelling unit for subsequent inspections, there shall be a fee of $25 per inspection payable at the time of each subsequent inspection, which payment shall be made before final Certificate of Occupancy may be issued.
[1971 Code § 19-15; Ord. No. 13-04]
The Property Maintenance Officer, or his delegate acting as an inspector, shall be supplied with official identification by the Borough and shall exhibit such identification when entering any dwelling unit building or part thereof, subject to the Commercial Property Maintenance Code. Such persons making inspection shall conduct themselves as to avoid intentional embarrassment or inconvenience to the occupant. The purpose of the inspection shall be explained to the occupant. All such inspections shall be during normal working hours, if possible, or at a convenient time arranged between the Property Maintenance Officer and the owner or tenant.
[1971 Code § 19-16; Ord. No. 13-04]
Where a violation of the Commercial Property Maintenance Code is found to exist, a written notice from the Property Maintenance Officer, or his agent, shall be served on the person or persons responsible for the correction thereof. The notice shall specify the violation or violations found to exist, what must be done to correct or abate same, a reasonable time not to exceed 30 calendar days to make such corrections, the right of the person served to request a hearing and that the notice of the Property Maintenance Officer or his agent shall become an order 10 days after service unless a hearing is requested pursuant to this section. The 30 calendar day time limit set forth herein shall not be effective where specific time limits are set forth in other sections of the Commercial Property Maintenance Code.
[1971 Code § 19-16.1; Ord. No. 13-04]
Notice may be served personally on an owner, operator or his specified agent or upon occupant, as the case may be. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place on the premises where the owner or operator or lessor has failed to register pursuant to subsection 15-25.5. Where the notice is directed to an occupant, service may also be made by posting same on the door or entrance to the area he occupies.
[1971 Code § 19-6.2; Ord. No. 13-04]
10 calendar days from the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and serves a written request within the 10 calendar day period in person or by mail on the Property Maintenance Officer or the Borough Clerk, and in the case of multifamily units further posts copies of the request at conspicuous places for tenants to see. Such a request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which is to be disputed at the hearing. The Property Maintenance Officer, upon receipt of the request, shall within 30 days therefrom and upon five calendar days' notice to the party aggrieved, set the matter down for a hearing. The Hearing Board shall conduct the hearing and decide the issues presented to it.
[1971 Code § 19-6.4; Ord. No. 13-04]
The Property Maintenance Officer, where necessary, may extend the time for correction or abatement of the violations for an additional reasonable period of time.
[1971 Code § 19-16.5; Ord. No. 13-04]
Where the violation or condition existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Property Maintenance Officer may either abate the violations immediately or order the owner, operator or occupant to abate the violation or condition within a period of time, not to exceed three calendar days, and upon failure to do so, the Property Maintenance Officer shall abate the condition immediately thereafter.
[1971 Code § 19-16.6; Ord. No. 13-04]
Where abatement of any nuisance, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to comply with the requirements of any municipal ordinance or State law applicable thereto, requires expenditure of funds, the Property Maintenance Officer shall present a report of the work proposed to be done to accomplish the foregoing to the Borough Administrator with an estimate of the cost thereof along with a summary of the proceedings undertaken by the Property Maintenance Officer to secure compliance, including notices served upon the owner or operator of the premises involved and orders issued by the Property Maintenance Officer. The Borough Administrator may thereupon authorize the immediate closing of the premises, if recommended by the Property Maintenance Officer, and/or abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with the ordinance of the Borough and the laws of the State of New Jersey. The Property Maintenance Officer may thereafter proceed to have the work performed in accordance with the authorization but is not to exceed the amount specified in the authorization, and shall, upon completion thereof, submit a report of the moneys expended and costs to the Mayor and Council. After review of the same, the Mayor and Council, finding them to be in order, shall approve the expenses and costs and cause them to be paid from the repair deposit fund and shall request a replenishment of the repair fund from the owner. The copy of the resolution approving the expenses and costs shall be certified by the Clerk and a copy of this report and resolution shall be sent by certified mail to the owner.
[1971 Code § 19-16.6; Ord. No. 13-04]
Emergency Repair Security Deposit. Upon change of ownership, the new owner of a multifamily dwelling of six or more units shall deposit with the Borough Clerk the sum of $40 per apartment with a maximum of $4,000 for each apartment building or complex. When emergency conditions or the failure of the owner to correct violations require the municipality to take corrective measures, these deposits shall be used to defray the costs. The owner shall be responsible, in addition, for any excess costs and shall replenish the deposit funds within 10 days of request to do so by the Borough Clerk. These funds shall be deposited in an interest bearing account for the benefit of the individual owners.
Return of Security Deposit. After the deposit has been held by the Borough Clerk for a period of at least two years, the owner shall have the right to petition the Hearing Board to review the necessity for the security deposit for any particular building or complex. The Hearing Board shall have the power to return to the owner all or a portion of the security deposit, if in the opinion of the Hearing Board the deposit is no longer required.
Reinstatement of Security Deposit. If at any time after a refund of all or a portion of the security deposit the Hearing Board is of the opinion that due to a change in ownership or other circumstances, the security deposit is required again, it shall have the power to notify the owner to reinstitute the security deposit within 15 days of the notification.
[1971 Code § 19-17; New; Ord. No. 13-04]
Any person who shall violate any of the provisions of this Article shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of any of the provisions of this Article, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.