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Township of Lakewood, NJ
Ocean County
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Table of Contents
Table of Contents
[Editor's Note: For regulations concerning abandoned motor vehicles, see Chapter 3, Section 3-9. See also Chapter 20, Section 20-5, for removal of snow and ice on streets and sidewalks.]
[1971 Code § 4-5.1]
As used in this section:
ENCLOSED GARAGE
Shall mean a garage or building having all sides sufficiently enclosed to prevent access to automobiles by children, rodents, vermin or insect pests and enclosed in such manner as to screen such automobiles or parts thereof from public view.
TRASH OR DEBRIS
Shall mean and include the following:
a. 
Automobiles left standing in an unlicensed and unusable state or condition, or parts thereof left outside of an enclosed garage, so as to be accessible to children, rodents, vermin, or insect pests, or in such condition or location as to create an unsightly appearance to neighboring property owners or the general public. In no event shall such an automobile or parts thereof be left standing in other than an enclosed garage for a period in excess of 15 days unless the automobile is situated on a used car lot or new car sales establishment duly licensed for such purpose.
b. 
Junk shall include but not be limited to scraps of metal, wood, pieces of stone, cement, cans, bottles, scrap paper, or a combination thereof, left in such a condition as to create an unsightly, unhealthful, unsafe, or unsanitary condition, or in such manner as would constitute a fire or health hazard.
[1971 Code § 4-5.2]
It shall be the duty of any owner or tenant or person in possession of any lands in the Township:
a. 
To keep such lands free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, where the same are inimical to the preservation of public health, safety or general welfare of the Township, or which may constitute a fire hazard.
b. 
Where the lands abut or border upon any public street in the Township, to remove all grass, weeds, brush and other debris from that part of the street bordering on their respective lands.
[1971 Code § 4-5.3]
Whenever any Township Inspector, Police Officer or Special Police Officer deems it necessary and expedient for the preservation of the public health, safety, general welfare, or the elimination of a fire hazard, or upon investigation of a complaint of any resident, officer or employee of the Township, he may order the owner, tenant or person in possession of any lands on which any brush, grass, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or other debris are found to exist, to remove same within 10 days or to cause the removal thereof if the order is not complied with.
[1971 Code § 4-5.4]
After an investigation of a complaint of any resident, officer or employee of the Township, or upon his own motion, any Township Inspector, Police Officer or Special Police Officer shall proceed with regard to the manner of service of notice to remove the contents thereof as provided in N.J.S.A. 40:48-2.13.
[1971 Code § 4-5.5; New; Ord. No. 2004-43 §§ 1—4; Ord. No. 2009-23 § 1]
In the event the owner, tenant or person in possession of the lands in question refuses or neglects to abate or remedy the condition complained of within seven days after receipt of notice, any Township Inspector, Code Enforcement Officer, Police Officer or Special Police Officer may cause the condition complained of to be abated and remedied and shall certify the cost thereof to the Township Tax Collector, who shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, which shall be collected and enforced by the Tax Collector in the same manner as taxes. Costs shall be in addition to any penalties imposed for a violation of this section.
In the event that the order for removal of trash or debris is as a result of the trash or debris being located on the Township right-of-way and the owner, tenant or person in possession of the lands in question refuses or neglects to abate or remedy the condition complained of within 48 hours after receipt of notice, any Township Inspector, Code Enforcement Officer, Police Officer or Special Police Officer may cause the condition complained of to be abated and remedied and shall certify the cost thereof to the Township Tax Collector, who shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, which shall be collected and enforced by the Tax Collector in the same manner as taxes. Costs shall be in addition to any penalties imposed for a violation of this section.
a. 
Violations and Penalties. All violators of this section shall be subject to a penalty of $250 for each violation or 30 days community service or both.
Each and every day in which a violation of this section exists shall constitute a separate violation subject to a penalty.
[1971 Code § 4-5.6]
The provisions of this section shall not apply to a regular established and licensed business known as a junk yard, or a towing operator's storage yard, which business is subject to the special regulations provided in Chapter 4, General Licensing.
[Ord. No. 2015-56]
a. 
Regulations. In the event the contents of a house are removed without following the Township bulk pick up procedure, the owner, tenant or person in possession of the land in question must remove the contents from the property in question within seven days after receipt of a notice to remove the same.
Any Township Inspector, Code Enforcement Officer, Police Officer or Special Police Officer who deems it necessary and expedient for the preservation of the public health, safety and general welfare may order the owner, tenant or person in possession of the land in question, who has not notified the Township Department of Public Works requesting a bulk pick up, to remove the contents from the property within 10 days or cause the removal thereof if the order is not complied with.
After investigation of a complaint of any resident, officer or employee of the Township, or upon the Township employee's own motion, any Township Inspector, Code Enforcement Officer, Police Officer or Special Police Officer shall proceed with regard to the manner of the service of notice to remove the contents thereof.
In the event the owner, tenant or person in possession of the land in question refuses or neglects to abate or remedy the condition complained of within seven days after receipt of the notice, any Township inspector, Code Enforcement Officer, Police Officer or Special Police Officer may cause the condition complained of to be abated and remedied and shall certify the course thereof to the Township Tax Collector who shall cause the cost as shown thereon to be charged against the land. The amount so charged shall become a lien upon such lands and shall be added to and become part of the taxes next to be assessed and levied upon such land, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the Tax Collector in the same manner as taxes.
The cost to be determined for the removal of the property shall be determined by the Department of Public Works which shall include manpower and equipment costs.
b. 
Violations and Penalties.
1. 
All violators of this subsection shall also be subject to a penalty of $250.00 for each violation.
2. 
Each and every day in which a violation of this subsection exists shall constitute a separate violation subject to a penalty.
[1971 Code § 4-6.1]
It shall be the responsibility of any owner, tenant or occupant of any parcel of land within the Township to cut all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of any intersection of two roadways, to a height of not more than two and one-half (2 1/2) feet provided such shall be necessary and expedient for the preservation of the public safety. The owner, tenant or occupant shall have 10 days after notice to cut the same.
[1971 Code § 4-6.2]
At least once in each calendar year the Township Committee shall examine all roadways in the Township and make a determination of each parcel of land where it is necessary and expedient for the preservation of the public safety to have any brush, hedges or other plant life cut in accordance with this section of the provisions of N.J.S.A. 40:48-2.26 and 40:48-2.27.
[1971 Code § 4-6.3]
When the Township Committee ascertains that there is a parcel of land on which exist the conditions described in this section, it shall cause notice to be given to the owner, tenant or occupant of the land to cut the brush, hedges or other plant life within 10 days after the notice is given. The notice shall be given in writing, either personally or by the United States mail. If neither method of giving notice is possible or practical, notice may be given by posting it in a prominent place on the parcel of land.
[1971 Code § 4-6.4; Ord. No. 2009-23 § 2]
If the owner, tenant or occupant fails to cut the brush within 10 days, the Public Works Director shall direct the Township employee or arrange for an independent contractor, to cut the brush, hedges or other plant life. Where such cutting is done by the Public Works Director, or any other person, or under his direction, he shall certify the cost thereof to the Township Tax Collector who shall cause the cost as shown thereon to be charged against the land. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[1971 Code § 13-9.1; Ord. No. 2008-53 § 1]
There exists in the Township structures used for various purposes which are, or may become in the future, substandard with respect to structure, equipment or maintenance due to structural deterioration, lack of maintenance in the appearance of the exterior of premises, infestation, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, inadequate provisions for light and air, unsanitary conditions and overcrowding. These structures constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Township. In addition, by reason of lack of maintenance and progressive deterioration, certain properties may have the further effect of creating blighted conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
[1971 Code § 13-9.2]
The purpose of this section is to protect the public health, safety, morals, and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of nonresidential premises. This section also establishes minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use. This section also fixes certain responsibilities and duties upon owners and operators, and distinct and separate responsibilities and duties upon occupants, to authorize and establish procedures for the inspection of premises. It also sets penalties for the violations of this section; and provides for the repair, demolition or vacation of premises unfit for occupancy or use. This section is hereby declared to be remedial and essential for the public interest and it is intended that this section be liberally construed to effectuate the purposes as stated herein.
[1971 Code § 13-9.3]
As used in this section.
ACCESSORY STRUCTURE
Shall mean a structure the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
DETERIORATION
Shall mean the condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay or neglect, lack of maintenance or excessive use.
FIRE HAZARD
Shall mean:
a. 
Any device or condition likely to cause fire and which is so situated to endanger either persons or property.
b. 
The creation, maintenance or continuance of any physical condition by reason of which exists a use, accumulation or storage of combustible explosive material in such a manner to put in jeopardy, in event of ignition, either persons or property.
c. 
Obstruction of fire escapes, ladders, stairways, aisles, exits, doors, windows, passageways or hallways. In the event of fire, interference with the operations of the Fire Department to safely exit occupants.
GARBAGE
Shall mean all refuse of residences, hotels, restaurants, or other places where food is prepared for human consumption, and all offal from fish, meat and vegetable markets, and all vegetable or organic substances unfit for food that are subject to immediate decay.
INFESTATION
Shall mean the presence of insects, rodents, vermin or other pests on the premises.
OPERATOR
Shall mean any person who has charge, care or control of a 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 shall have charge, care or control as owner or tenant of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained.
PLUMBING
Shall mean all of the following: supplies, facilities and equipment, gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents and any other similar supplied fixtures, together with all connections to water, sewer and gas lines, and water pipes and lines utilized in conjunction with air-conditioning equipment.
PREMISES
Shall mean a lot, plot or parcel of land including the buildings or structures thereon.
REST ROOM
Shall mean an enclosed space containing one or more toilets and one or more lavatories or fixture serving similar purposes.
RUBBISH
Shall mean all combustible and non-combustible waste materials, except garbage, and shall include, but not be limited to, the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, tin cans, metals, mineral matter, glass, crockery, abandoned automobiles and dust.
STRUCTURE
Shall mean any combination of any materials, whether fixed or portable, forming a construction, including buildings.
VENTILATION
Shall mean supply and removal of air to and from any space by natural or mechanical means.
VENTILATION, MECHANICAL
Shall mean ventilation by power-driven devices.
VENTILATION, NATURAL
Shall mean ventilation by opening to outer air through windows, skylights, door, louvres, or stacks with or without wind-driven devices.
WEATHERING
Shall mean deterioration, decay or damage caused by exposure to the elements.
[1971 Code § 13-9.4]
Every building and the premises on which it is situated shall comply with the provisions of this section, whether or not such building shall have been constructed, altered or repaired before or after February 24, 1972, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities. This section establishes minimum standards for the initial and continued occupancy and use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Chapter 12, Section 12-1, the Uniform Construction Code Enforcing Agency.
[1971 Code § 13-9.5]
In any case where the provisions of this section impose a higher standard than set forth in any other ordinance or law, then the standards as set forth herein shall prevail; but if the provisions of this section impose a lower standard than any other ordinance or law, then the higher standard contained in such other ordinance or law, shall prevail.
[1971 Code § 13-9.6]
No license or permit or other certification of compliance with this section shall constitute a defense to any violation of any other ordinance of the Township applicable to any structure or premises, nor shall any provisions herein relieve any owner, operator or occupant from complying with any such other provisions, nor any official of the Township from enforcing any such other provisions.
[1971 Code § 13-9.7]
a. 
Owners and operators shall have all the duties and responsibilities as prescribed in Chapter 12, and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
b. 
Occupants shall have all the duties and responsibilities as prescribed in Chapter 12, and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner is also responsible therefor and in violation thereof.
c. 
Unless expressly provided to the contrary in this section, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.
[1971 Code § 13-9.8]
The following duties and responsibilities are hereby imposed upon every owner and operator of any building covered by the provisions of this section.
a. 
The exterior of the premises and all structures thereon shall be kept free of all nuisances, and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and free of unsanitary condition. Any of the foregoing shall be promptly removed and abated by the owner or operator. The items prohibited hereby shall include, but not be limited to: brush, weeds, broken glass, stump roots, obnoxious growths, filth, garbage, trash, refuse, debris, dead and dying trees and limbs or other natural growth, loose and over-hanging objects, and ground surface hazards.
b. 
Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
c. 
Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects, and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
d. 
Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free from defects.
e. 
The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with standards of the Township.
f. 
Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed and properly maintained.
g. 
All permanent signs and billboards exposed to public view permitted by reason of other ordinances or laws shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has peeled or cracked shall, with their supporting members, be removed forthwith or put into a good state of repair.
h. 
All display windows or store fronts constructed of plate glass shall be kept clean and free of cracks, and no storage shall be permitted therein. Broken or cracked windows must be replaced within five days.
i. 
All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same or similar materials used in the construction of the store front in such a manner to maintain the appearance in accordance with the standards of the Township.
j. 
Except for "For Rent" and "For Sale" signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed either at the expiration of the event or sale for which it is erected, or within 30 days after erection, whichever shall occur first.
k. 
Any awnings or marquees and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event such awnings or marquees are made of cloth, plastic or similar materials, such cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
l. 
The exterior of every structure or accessory structure shall be kept in good repair and kept painted where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint or other conditions reflective of deterioration or inadequate maintenance.
m. 
Restrooms shall be surfaced with waterproof floors and shall be kept dry, clean, and sanitary at all times. Sufficient restrooms shall be installed and maintained commensurate with the use of the premises. Every restroom shall be provided with a permanently installed artificial lighting fixture, and a wall switch in accordance with the State Uniform Construction Code.
n. 
All premises shall be properly connected to and provided with electric power. All such connections and electrical equipment shall be installed and maintained in conformity with the provisions of the State Uniform Construction Code and other applicable ordinances.
o. 
Maximum fuse sizes consistent with safety shall be posted conspicuously, and no fuse shall be installed in a fuse box in excess of the stated maximum except that owners and operators shall not be responsible for violation in fuse installations without their knowledge where the correct maximum is stated and the fuse box is located within any part of the premises which is in the exclusive possession of occupants other than the owner, in which case such occupant shall be responsible for such violations.
[1971 Code § 13-9.9; Ord. No. 2003-30 § 1]
The following duties and responsibilities are hereby imposed upon every occupant of any building covered by the provisions of this section.
a. 
Upon discovery by an occupant of any condition on the premises which constitutes a violation of the provisions of this section, the occupant shall report the same to the Office of the Department of Code Enforcement and Zoning.
b. 
All parts of the premises under the control of the occupant shall be kept in a clean and sanitary condition.
c. 
Storage bins, rooms and areas shall not be used for the accumulation of garbage or refuse.
d. 
Every occupant shall be responsible for the elimination of infestation in and on the premises subject to his control.
e. 
No occupant shall install electrical fuses in a fuse box in excess of the posted limit.
f. 
Each occupant shall be responsible for the elimination and removal of trash and garbage from premises under his control.
[1971 Code § 13-9.10]
Except for paragraph h of subsection 16-3.8 pertaining to dangerous or hazardous condition, a notice in writing shall be given to the owner or occupant thereof to remove or abate the same within such time as shall be specified therein but not less than five days from the date of service thereof. In the event the owner cannot be so notified, such notice shall be left at that place with the tenant or occupant, or posted on the premises and such action shall be considered proper notification to the owner, tenant or occupant thereof.
[1971 Code § 13-9.11; New; Ord. No. 2003-30 § 2; Ord. No. 2008-53 § 1; Ord. No. 2009-13 § 1; Ord. No. 2012-14]
a. 
Certificate of Occupancy. Any person, corporation, partnership, agent, firm or other legal entity who sells, leases, rents, or sublets any nonresidential building or structure in whole or in part, or who changes the use thereof, shall be required to, prior to said action, obtain a Certificate of Occupancy or a temporary Certificate of Occupancy from the Department Head of the Department of Code Enforcement and Zoning of the Township of Lakewood or his designee.
b. 
Application Procedure; Fee.
1. 
The application for a Certificate of Occupancy shall be in writing on a form approved by the Department Head of the Department of Code Enforcement and Zoning of the Township of Lakewood or his designee and shall list at least the following information:
(a) 
Name and address of applicant.
(b) 
Street address, tax block and lot of the premises to be inspected.
(c) 
Name and current address of proposed occupant.
(d) 
Existing use of the premises.
(e) 
Proposed use of the premises.
(f) 
A description of any proposed alterations or modifications to the premises in brief detail or an indication that there will be no alterations or modifications to the premises.
(g) 
Any other pertinent information that may be requested by the Department of Code Enforcement and Zoning or the Department Head of the Department of Code Enforcement and Zoning or his designee.
2. 
Fees. The fee for the Certificate of Occupancy, including the review of the application and inspection, shall be $150 and shall be paid with the submission of the application. The fee for each reinspection for the Certificate of Occupancy shall be $55 and shall be paid with the submission of the application.
c. 
Time for Inspection; Waiver. It shall be the obligation of the Department Head of the Department of Code Enforcement and Zoning or his designee, upon receipt of a completed written application and appropriate fee as set forth above, to have an inspection made of the premises and a written report thereof completed and available to the applicant at the Department of Code Enforcement and Zoning of the Township of Lakewood within 72 hours of receipt of a complete written inspection application with an appropriate fee therefor. In the calculation of the 72 hours only normal working days shall be included, excepting therefrom holidays and weekends. Additionally, the time for commencing of the 72 hour time period shall be the next regular working day after receipt of the completed application and fee. The failure of the Township to issue a Certificate of Occupancy, a temporary Certificate of Occupancy, or a written inspection report denying the certificates and specifying the reasons within the time period therefor shall be deemed a waiver by the Township of the requirement for a Certificate of Occupancy from the premises for this particular sale, rental or occupancy.
d. 
Purpose. The purpose of the inspection required herein shall be as follows:
1. 
To determine that the use and occupancy thereof is in conformance with zoning regulations.
2. 
To eliminate any fire or safety hazards that may exist in the premises.
3. 
To determine that all means of ingress and egress are adequate per applicable building code requirements.
4. 
To determine that the structural strength of the building is adequate for the proposed use and occupancy.
5. 
To determine whether unauthorized work has taken place at the premises in violation of applicable fire, health, safety and building codes.
6. 
To insure that the premises are safe for use by occupants and members of the public.
7. 
To provide accurate information on file for the use of all Departments of the Township of Lakewood concerning the use, ownership, tenancy, occupancy and other important information pertaining to the subject premises.
e. 
Definitions. As used in this section:
BUILDINGS
Shall mean all buildings which are intended, arranged, or designed for human occupancy for any purpose whatsoever.
CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the Department Head of the Department of Code Enforcement and Zoning or his designee which indicates that an inspection has been made of the subject premises and that the proposed use or occupancy of the subject premises, which shall be listed thereon and derived from the application, is not in violation of any applicable Federal, State, County or municipal law, regulation, code or ordinance.
CHANGE OF USE
Shall mean any change in the use or activity of a subject premises from the current use to a use not permitted by the existing Municipal Land Use Ordinance; or a change in use which would require under other provisions of law enacted for the protection of the public health, safety and welfare, greater building construction requirements than presently exist for the current use of the premises.
TEMPORARY CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the Construction Official or his designated representative indicating that an inspection was made of the subject premises and that there exist minor violations of applicable laws, etc., as set forth above, which are designated thereon, and which violations do not constitute a danger to the public health, safety or welfare, and which permits a temporary occupancy or change in use of the premises for a period not to exceed 30 days, provided both the owner and proposed occupant sign said certificate and acknowledge same prior to the change in occupancy or use thereof.
f. 
Liability. Any person or legal entity that sells, leases, rents, sublets or occupies a building or structure, in whole or in part, whether that person or legal entity be the owner, tenant or mere occupant thereof, shall be jointly and severally liable for a violation of this subsection unless a certificate of occupancy or a temporary certificate of occupancy has been issued for the subject premises prior to the change in use or occupancy thereof or a waiver of the requirement as set forth above has occurred.
g. 
Penalty. Any person or legal entity found guilty of a violation of this subsection shall be subject to the penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: See also Chapter 12, Subsection 12-2.6 for fees for Certificates of Occupancy.
[Ord. No. 2010-60]
The Township Committee of the Township of Lakewood finds graffiti on public or private property a blighting element, which leads to depreciation of the value of property that has been targeted by such vandalism and depreciates the value of the adjacent and surrounding properties to the extent that graffiti creates a negative impact upon the entire Township.
The Township Committee finds and determines that graffiti is obnoxious and a public nuisance, and must be eliminated by means of prevention, education and abatement to avoid the detrimental impact of such graffiti on the Township and its residents, and to prevent the further spread of graffiti.
The purpose and intent of the Township Committee, through the adoption of this section, is to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement. It is the further intent of the Township Committee, through the adoption of this section, to provide notice to all of those who disregard the property rights of others, that the law enforcement agencies of the Township, the Police Department, Code Compliance Section and the Township Attorney, will strictly enforce the law and vigorously prosecute those persons engaging in violations of this section.
[Ord. No. 2010-60]
AEROSOL PAINT CONTAINER
Shall mean any aerosol container, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
FELT-TIP MARKER
Shall mean any tipped style marker or similar implement with a tip which, at its broadest width, is one-eighth (1/8) inch, or greater.
GRAFFITI
Shall mean any unauthorized inscribing, word, figure, or design which is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent the same was not authorized in advance by the owner thereof, or despite advance authorization, is otherwise deemed by the Township Committee to be a public nuisance.
GRAFFITI IMPLEMENT
Shall mean an aerosol paint container, a felt tip marker, or any other device containing any solution or substance capable of being used to leave a visible mark at least one-eighth (1/8) of an inch in width upon any surface.
[Ord. No. 2010-60]
a. 
The Township Committee hereby declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained and as authorized by New Jersey Statutes N.J.S.A. 40:48-1 et seq.
b. 
The existence of any surface of a structure on any privately owned parcel of land which has been defaced with graffiti after removal more than five times in 12 months is hereby deemed to be a nuisance, and may be abated by the Township by order of the Township Committee requiring modifications thereto, or to the immediate area surrounding same. Such modifications may include, but are not limited to retrofitting of such surfaces at the expense of the property owner(s) of said lot, with such features or qualities as may be established by the Township as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.
[Ord. No. 2010-60]
a. 
No person shall place graffiti or other writing upon any public or privately owned tree or structures including, but not limited to, buildings, walls, fences, poles and signs, ("structures" hereinafter in this section) located within the Township. It shall also be unlawful for any person to apply or affix any adhesive backed label, sticker, "bumper sticker" or similar item, to any tree or structure not owned or lawfully possessed by such person.
b. 
No person owning or otherwise in control of any real property within the Township shall permit or allow any graffiti to be placed upon or remain on any structure located on such property.
[Ord. No. 2010-60]
Possession of any graffiti implement by any person under the age of 18 years with the intent to deface property while upon public or private property shall be unlawful unless that minor has received the consent of the owner of such private property whose consent to such possession and presence is given in writing in advance or unless that minor is accompanied by and under the supervision of a parent or legal guardian. This provision shall not apply to the possession of felt tip markers by minors attending, or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at said school, which formally requires possession of such felt tip markers. The burden of proof in any prosecution for violation of this subsection shall be upon the minor student to establish the need to possess a felt tip marker.
[Ord. No. 2010-60]
Possession of any graffiti implement by any person under the age of 18 years with the intent to deface property while in any public park, playground, swimming pool, recreational facility, or while in or within 10 feet of an underpass, bridge abutment, storm drain, or other similar type of infrastructure not normally used by the public shall be unlawful except as may be authorized by the Township or unless that minor is accompanied by and under the supervision and control of a parent or legal guardian.
[Ord. No. 2010-60]
a. 
Furnishing of Graffiti Implements to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian which consent shall be given in advance in writing.
[Ord. No. 2010-60]
a. 
In the event graffiti is found, the Township shall provide the owner of record written notice of an order to remove said graffiti be certified mail and regular mail, which order shall afford the owner the opportunity to remove the graffiti within 90 days of the date that the notice is sent, however, the State Department of Transportation shall be afforded 120 days from the date that the notice is sent to remove graffiti from property owned by the Department.
b. 
The Township's order to remove shall contain a form to be utilized by a property owner to inform the Township that the graffiti has been removed and shall contain a certification stating that by affixing a signature to the form indicating that the graffiti has been removed, the owner is certifying that the facts set forth therein are true and that the certification shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
[Ord. No. 2010-60]
A property owner who has been ordered to remove graffiti shall respond to the Township by personal delivery or certified mail:
a. 
Any objection to the order, within 30 days of the date of the order;
b. 
Notice that the graffiti has been removed, within 90 days of the date of the order, or in the case of the State Department of Transportation, within 120 days of the date of the order.
[Ord. No. 2010-60]
A property owner who objects to an order to remove graffiti may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
[Ord. No. 2010-60]
a. 
If a property owner does not undertake the removal of graffiti within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove graffiti is still pending, the Township may remove the graffiti from that property and present the property owner with a detailed itemization of the costs incurred by the Township, by certified mail and regular mail, for reimbursement from the property owner.
b. 
Whenever the Township undertakes the removal of graffiti from any building, structure or other exposed surface, the Township Council, in addition to assessing the cost of removal as municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the property and may authorize the institution of an action at law for the collection thereof. The Superior Court shall have jurisdiction of any such action.
[Ord. No. 2010-60]
a. 
Whenever the Township becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the Township, the Township shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the Township Manager, or designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area.
b. 
Right of Entry on Private Property.
1. 
Securing Owner Consent. Prior to entering upon private property or property owned by a public entity other than the Township, for the purposes of removal of graffiti, the Township shall attempt to secure the consent of the responsible party, and a release of the Township from liability for private or public property damage.
2. 
Failure to Obtain Owner Consent. If a responsible party fails to remove the offending graffiti within the time herein specified, or if the Township shall have requested consent to remove or paint over the offending graffiti and the responsible party shall have refused consent for entry on terms acceptable to the Township consistent with the terms of this subsection, the Township may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the nuisance abatement authority granted by New Jersey set forth in subsection 16-4.11, which authority includes the recovery of all costs incurred by the Township in abating graffiti and recordation of lien as to affected property.
[Ord. No. 2010-60]
a. 
Any gas, telephone, water, sewer, cable, electrical and other utility operating in the Township, shall paint their freestanding, above-surface metal fixtures which are installed after the effective date of this section[1] with a uniform paint type and color as directed by the Township Manager.
[1]
Editor's Note: This section was adopted by Ordinance 2010-60 on August 19, 2010
b. 
Easements granted by the Township may, among other items, be conditioned on one:
1. 
The grantee applying an anti-graffiti material to any structure in the easement area which is acceptable to the Township Manager, or his or her designee;
2. 
The immediate removal by the grantee of any graffiti;
3. 
The right of the Township to remove graffiti or to paint the object or structure;
4. 
The grantee providing the Township with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the object or structure containing graffiti.
5. 
In imposing conditions upon site plan, conditional use permits, variances, building permits or other similar land use or entitlements or development or design applications, the Township may impose graffiti removal requirements or any or all of the following conditions, or other similar or related conditions:
(a) 
Applicant may be required to apply an anti-graffiti material or provide a landscape design of a type and nature which is acceptable to the Township Manager, or his or her designee, to such of the publicly viewable surfaces to be constructed on the site deemed by the Township Manager, or designee, to be likely to attract graffiti ("graffiti attracting surfaces" hereinafter in this subsection);
(b) 
Applicant shall grant, in writing, the right of entry over and access to such parcels, upon 48 hours posted notice, by authorized Township employees or agents, for the purpose of removing or "painting over" graffiti on graffiti attracting surfaces previously designated by the Township Manager, or designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land;
(c) 
Applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the Township with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces;
(d) 
Persons applying for site plan subdivision maps shall, as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land, in a form satisfactory to the Township, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon to the Township's satisfaction.
[Ord. No. 2010-60]
a. 
Pursuant to the rights granted to the Township by N.J.S.A. 2A:153-4.1, the Township Committee may offer a reward or rewards not exceeding $500 each for the detection, and apprehension of any person guilty of purposely or knowingly damaging tangible property of another by an act of graffiti in violation of N.J.S.A. 2C:17-3.
b. 
A reward is to be payable after conviction out of Township funds made available therefor. The reward shall be paid to any person who the Township Committee, acting upon the recommendation of the Chief of Police or other principal municipal law enforcement officer, may deem entitled thereto, but no reward shall be paid to any public employee whose duty it is to investigate or to enforce the law or to the public employee's spouse, child or parent, living in the same household.
The purpose of this Ordinance is for the Township of Lakewood to regulate the care, maintenance, security and upkeep of the exterior of vacant or abandoned residential properties on which a summons and complaint in a foreclosure action has been filed.
[Ord. No. 2015-78]
For the purposes of this section, "vacant and abandoned" residential property means residential real estate with respect to which the mortgagee proves, by clear and convincing evidence, that the mortgaged real estate is vacant and has been abandoned. Real property shall be deemed "vacant and abandoned" if the court finds that the mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to section 4 of the "Fair Foreclosure Act," P.L. 1995, c. 244 (C.2A:50-56), and at least two of the following conditions exist:
a. 
Overgrown or neglected vegetation;
b. 
The accumulation of newspapers, circulars, flyers or mail on the property;
c. 
Disconnected gas, electric or water utility services to the property;
d. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
e. 
The accumulation of junk, litter, trash or debris on the property;
f. 
The absence of window treatments such as blinds, curtains or shutters;
g. 
The absence of furnishings and personal items;
h. 
Statements of neighbors, delivery persons or government employees indicating that the residence is vacant and abandoned;
i. 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
j. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
k. 
A risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
l. 
An uncorrected violation of a municipal building, housing or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
m. 
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
n. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
o. 
Any other reasonable indicia of abandonment.
[Ord. No. 2015-78]
For the purposes of this section, a residential property shall not be considered "vacant and abandoned" if, on the property:
a. 
There is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations, and statutes;
b. 
There is a building occupied on a seasonal basis, but otherwise secure; or
c. 
There is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute.
[Ord. No. 2015-78]
In addition to the residential mortgage foreclosure procedures set out in the "Fair Foreclosure Act," P.L. 1995, c. 244 (C.2A:50-53 et seq.), a summary action to foreclose a mortgage debt secured by residential property that is vacant and abandoned may be brought by a lender in the Superior Court. In addition, a lender may, at any time after filing a foreclosure action, file with the court, in accordance with the Rules Governing the Courts of the State of New Jersey, an application to proceed in a summary manner because the residential property that is the subject of the foreclosure action is believed to be "vacant and abandoned"; provided, however, that this section shall not apply to a foreclosure of a timeshare interest secured by a mortgage.
[Ord. No. 2015-78]
There is hereby adopted a requirement that creditors of vacant and abandoned residential properties on which a summons and complaint in a foreclosure action has been filed to maintain the care, security and upkeep of the exterior of vacant or abandoned residential properties.
[Ord. No. 2015-78]
The creditor filing the summons and complaint in an action to foreclose on vacant or abandoned property shall be responsible for the care, maintenance, security and upkeep of the exterior of the vacant or abandoned residential properties.
[Ord. No. 2015-78]
If the property creditor who institutes a foreclosure action or is the creditor of a foreclosure action is located outside of the State of New Jersey, that creditor shall appoint an in-State New Jersey representative or agent to act for the foreclosing creditor.
[Ord. No. 2015-78]
The Zoning Officer, Construction Official or Law Enforcement Officer responsible for the administration of the property maintenance or public nuisance ordinances of the Township of Lakewood shall issue a notice to the creditor filing the summons and complaint in an action of foreclosure, if the Construction Official, Zoning Official or Law Enforcement Agency determines that the creditor has violated Township Ordinances by failing to provide for the care, maintenance, security and upkeep of the exterior of the property subject to the foreclosure action.
[Ord. No. 2015-78]
The notice shall require the creditor or its agent to correct the violation within 30 days of receipt of the notice or within 10 days of receipt of the notice of violation if the violation presents an imminent threat to public health and safety.
[Ord. No. 2015-78]
The Construction Official, Zoning Official or Law Enforcement agency shall determine if the violation of the Township Ordinances presents an imminent threat to public health and safety.
[Ord. No. 2015-78]
The issuance of a notice pursuant to this section shall constitute clear and convincing proof that the property is vacant or abandoned.
[Ord. No. 2015-78]
Any creditor found to be in violation of this section or any rule or regulation adopted pursuant to this section shall be subject to a fine of $1,500.00 for each day of the violation.
[Ord. No. 2015-78]
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in situations which the creditor was given notice, but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under section 23 of P.L. 2003, c. 210 (C.55:19-100).
[Ord. No. 2015-78]
Any out-of-State creditor who fails to appoint an in-State agent or representative shall be subjected to a fine of $2,500.00 for each day of the violation. The violation shall commence on the day after the 10 day period set forth for the correction of the violation.
[Ord. No. 2015-78]
Any creditor found to be liable for the violation of the requirement to correct the care, maintenance, security or upkeep violation shall be subject to a fine of $1,500.00 for each day of the violation. Fines imposed pursuant this section 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 fine shall commence 11 days following receipt of the notice.
[Ord. No. 2015-78]
Any creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in the Township of Lakewood shall within 10 days of the service of the summons and complaint of foreclosure notify the Municipal Clerk. The notice shall contain the name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations. If the creditor is located out of State, the notice shall also contain the full name and contact information of the in-State representative or agent who is responsible for the care, maintenance, security and upkeep of the exterior of the property if it becomes vacant or abandoned.
[Ord. No. 2015-78]
Nothing in this section shall be construed to affect the rights of a tenant to possession of a leasehold interest under the Anti-Eviction Act, P.L. 1974, c. 49 (C.2A:50-69 et seq.), or any other applicable law.
[Ord. No. 2017-25]
The water conservation and water use restrictions provided in the following subsections shall become effective only upon the declaration of a water emergency by the Mayor of the Township of Lakewood.
[Ord. No. 2017-25]
Restrictions on outdoor landscape water use apply to all users in Township of Lakewood at all times regardless of source of supply (e.g. public water supplies, well or ground water, lakes, streams, or ponds) unless expressly exempt in subsection 16-6.5. Exemptions. Such water use shall conform to the following Outdoor Landscape Water Use Restrictions:
a. 
Lawn watering with a hose or hose-end sprinkler:
1. 
May only be done on odd-even days corresponding to the street address number of the property;
2. 
Watering shall only be conducted between the hours of 6:00 a.m. and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.;
3. 
The watering of any single area shall not exceed 30 minutes per day;
4. 
Flowers and shrubs may be watered as needed with a hand-held hose equipped with an automatic shut-off nozzle;
5. 
No hose or hose-end watering shall be permitted when it is raining.
b. 
Irrigating lawns and landscapes with automatic irrigation systems equipped with a conventional irrigation controller (this includes all systems that do not have a "SMART" controller as defined in subsection 16-6.2c):
1. 
May only be done on odd-even days corresponding to the street address number of the property;
2. 
Irrigation shall only be conducted between the hours of 12:00 midnight and 9:00 a.m.;
3. 
Operation of any irrigation zone equipped with spray (mist) heads shall not exceed 15 minutes per zone. Operation of any irrigation zone equipped with rotary sprinkler heads shall not exceed 30 minutes per zone.
c. 
Irrigation with systems equipped with a SMART controller.
1. 
To qualify for this provision, the SMART controller must have met the minimum requirements of IA-SWAT protocol testing. Lists of climate-based and sensor based controllers that have successfully completed the protocol testing can be found at: http://www.irrigation.org/Tested_Products.aspx
2. 
The property owner must register the SMART controller with the Township of Lakewood.
(a) 
The Township of Lakewood will issue a yard placard which the owner must display signifying that the property is irrigated with a SMART controller.
3. 
The SMART controller must be programmed by an EPA WaterSense Partner who holds a New Jersey Landscape Irrigation Contractor Certificate pursuant to N.J.S.A. 45:5AA-3.
(a) 
The SMART controller must be programmed to irrigate between the hours of 12:00 midnight and 9:00 a.m.;
(b) 
Proper sprinkler head data and accurate soil/plant/irrigation information must be entered;
(c) 
The SMART controller programming data shall be posted at the controller;
(d) 
The WaterSense Partner must make a minimum of (2) two site visits after the initial programming to adjust and fine tune the irrigation schedule.
d. 
Irrigation systems programmed and monitored by an irrigation manager.
1. 
The property owner must designate a qualified person who will be the irrigation manager and register that person with the Township of Lakewood with defining qualifications.
(a) 
The Township of Lakewood will issue a yard placard which the owner must display signifying that the property is irrigated by an irrigation manager.
2. 
The irrigation manager must be an EPA WaterSense Partner or show evidence of successfully completing one of the approved courses listed below:
(a) 
Rutgers University Continuing Education Course, Irrigation Systems: Scheduling.
(b) 
Irrigation Association's online course, Landscape Irrigation Scheduling.
(c) 
A comparable course offered by a recognized continuing education facility or professional association.
3. 
A property specific irrigation program shall be developed by the irrigation manager based on plant variety, soil type, exposure, slope, precipitation rate, and irrigation efficiency.
4. 
Weekly adjustments shall be made to the irrigation schedule based on current evapotranspiration (ET) rates or weather conditions.
5. 
If it is found that an irrigation manager does not follow any of the terms prescribed in this section, they may be disqualified from acting as a property's irrigation manager.
e. 
All automatic irrigation systems:
1. 
Shall be equipped with an operational automatic rain sensor device, which disables the system when a predetermined amount of rainfall has occurred. Each rain sensor device shall be capable of and programmed to interrupt the automatic irrigation cycle when one-quarter (1/4) inch of rain has fallen.
2. 
Any work performed on a system as a result of any inspection made by the homeowner or a professional must be in compliance with the Landscape Irrigation Contractor Certification Act of 1991 (N.J.S.A. 45:5AA-3).
3. 
Flowers and shrubs irrigated with drip or micro irrigation may be watered as needed.
f. 
All new irrigation systems must comply with the following:
1. 
The system must be installed by an EPA WaterSense Partner who holds a New Jersey Landscape Irrigation Contractor Certificate pursuant to N.J.S.A. 45:5AA-3.
2. 
New Jersey Irrigation Best Management Design Practices listed below:
(a) 
Designing a system that insures sufficient operating pressure at the sprinkler head;
(b) 
Dividing irrigated areas into hydro-zones of turf and plants with similar water requirements;
(c) 
Creating zoning systems according to exposure;
(d) 
Considering the soil type so the sprinkler irrigation precipitation rate is compatible with the soil infiltration rate or dividing the zone runtimes into multiple short cycles;
(e) 
Providing separate control of sloped areas;
(f) 
Preventing sprinkler heads from overthrowing onto driveways, roads, and sidewalks;
(g) 
Providing for separate irrigation for parkway strips between curbs and sidewalks that minimizes overthrow onto walks, pavement, and other impervious surfaces;
(h) 
Using pressure regulating technology as necessary to ensure sprinkler heads operate within the manufacturer's recommended range. The pressure regulation may be:
(1) 
A pressure regulation device at the point of connection;
(2) 
Pressure regulation at each remote-control valve;
(3) 
Pressure regulation at the sprinkler head;
(4) 
A combination of the above.
(i) 
Irrigating all flowers and shrubs with drip and/or micro-irrigation;
(j) 
Including check valves in low sprinkler heads to prevent low-point drainage;
(k) 
Having a pressure regulating device and wye strainer on each drip/micro control valve.
3. 
System must have a SMART controller capable of estimating or measuring depletion of available plant soil moisture and operating the irrigation system only to replenish the water as needed while minimizing excess water use.
(a) 
The SMART controller must be an EPA WaterSense labeled SMART controller and listed on their website http://www.epa.gov/watersense/product_search.html and select irrigation controllers from the drop-down menu.
(b) 
The SMART controller must be programmed by an EPA WaterSense Partner who holds a New Jersey Landscape Irrigation Contractor Certificate pursuant to N.J.S.A. 45:5AA-3.
(1) 
Proper sprinkler head data and accurate soil/plant/irrigation information must be entered;
(2) 
The SMART controller programming data shall be posted at the controller;
(3) 
The WaterSense partner must make a minimum of two site visits after the initial programming to adjust and fine tune the irrigation schedule.
g. 
(Reserved)
h. 
Upon the Declaration of Water Emergency by the Township of Lakewood Township Committee additional restrictions may be imposed and shall supersede the restrictions in this section.
i. 
State of New Jersey requirements shall supersede those identified in this section when more stringent than those identified in this section.
[Ord. No. 2017-25]
a. 
Violations include knowingly or recklessly watering or irrigating or permitting irrigation of lawn or landscape on owned, leased, or managed property that results in the following:
1. 
Watering during any form of precipitation;
2. 
Water leaking from any irrigation equipment;
3. 
Water puddling on landscape or impervious surfaces;
4. 
Water run-off from irrigated property;
5. 
Irrigating on days not permitted in this section;
6. 
Irrigating at hours not permitted in this section.
b. 
Violators of these guidelines and requirements are subject to fines and penalties described in subsection 16-6.5, Penalties.
c. 
All water users in Township of Lakewood are responsible for preventing the above violations.
[Ord. No. 2017-25]
The water use restrictions and automatic rain sensor requirement imposed pursuant to this section shall be enforced by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, regardless of the source of the water (public supply or private source), such authorized official shall issue a written warning and explain the penalties for a second and third offense, as provided in subsection 16-6.5. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summons for the violation of the water use restrictions imposed pursuant to this section.
[Ord. No. 2017-25]
After a warning for a first offense in accordance with subsection 16-6.4 above, any person or business that thereafter violates the water use restrictions imposed pursuant to this section shall be subject to the penalty provisions stated in the Municipal Code.
[Ord. No. 2017-25]
Restrictions in Section 16-6 above do not apply to the following:
a. 
Outdoor water use from rain water harvesting, gray water, or reclaimed water are exempt from the provisions of the section. Use of gray or reclaimed water must have an approved NJPDES permit issued through the NJDEP.
b. 
Outdoor water use for commercial farms producing harvestable crops, commercial nurseries, sod farms and golf courses are exempt from the provisions of the section.
c. 
Outdoor irrigation necessary for one day only where treatment with an application of chemicals require immediate watering to preserve an existing landscape or to establish a new landscape.
d. 
Outdoor irrigation necessary for the establishment of newly sodded lawns or landscaping within the first 21 consecutive days of planting.
e. 
Visually supervised operation of an irrigation system by a person in compliance with the New Jersey Landscape Irrigation Contractor Certification Act of 1991 (N.J.S.A. 45:5AA-1) and at the minimum rate necessary in order to check system condition and effectiveness.