[1971 Code § 4-5.1]
As used in this section:
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.
Shall mean and include the following:
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.
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.
[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.
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.
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.
Shall mean:
Any device or condition likely to cause fire and which is so
situated to endanger either persons or property.
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.
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.
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.
Shall mean the presence of insects, rodents, vermin or other
pests on the premises.
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.
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.
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.
Shall mean a lot, plot or parcel of land including the buildings
or structures thereon.
Shall mean an enclosed space containing one or more toilets
and one or more lavatories or fixture serving similar purposes.
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.
Shall mean any combination of any materials, whether fixed
or portable, forming a construction, including buildings.
Shall mean supply and removal of air to and from any space
by natural or mechanical means.
Shall mean ventilation by power-driven devices.
Shall mean ventilation by opening to outer air through windows,
skylights, door, louvres, or stacks with or without wind-driven devices.
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.
BUILDINGS
CERTIFICATE OF OCCUPANCY
CHANGE OF USE
TEMPORARY CERTIFICATE OF OCCUPANCY
Definitions. As used in this section:
Shall mean all buildings which are intended, arranged, or
designed for human occupancy for any purpose whatsoever.
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.
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.
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.
[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]
Shall mean any aerosol container, which is adapted or made
for the purpose of spraying paint or other substance capable of defacing
property.
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.
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.
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:
[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:
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:
(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:
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.
