This chapter shall be known as the "Property Maintenance Code
of the Town of Secaucus," and may be referred to in this chapter in
the short form as the "Property Maintenance Code" or as "this code."
It is hereby found and declared that there exist in the Town
of Secaucus structures used for residential and nonresidential purposes
which are, or may become in the future, substandard with respect to
structure, equipment or maintenance and, further, that such conditions,
including but not limited to structural deterioration, inadequate
maintenance, infestation, inadequate provisions for essential utilities
or facilities, inadequate provisions for light and air and unsanitary
conditions, constitute a menace to the health, safety and welfare
of the residents and inhabitants of the Town of Secaucus. It is further
found and declared that the existence of such conditions has the further
effect of creating blight and substandard neighborhoods, and that,
by the enactment of timely regulations and restrictions as herein
contained, the development of blight may be prevented and neighborhood
and property values maintained and the public health, safety and welfare
protected and fostered.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance,
appearance, condition and occupancy of residential and nonresidential
premises; to establish minimum standards governing facilities and
other physical components and conditions essential to make the aforesaid
facilities fit for human habitation, occupancy and use; to fix certain
responsibilities and duties upon owners, operators and occupants;
and to fix penalties for the violation of this code. This code is
hereby declared to be remedial and essential for the public interest
and it is intended that this code be liberally construed to effectuate
the purposes as stated herein.
[Amended 11-25-14 by Ord. No. 2014-33]
The following terms wherever used herein or referred to in this
code shall have the respective meanings assigned to them unless a
different meaning clearly appears from the context. In the case of
any definitions contained both in this code and in the International
Property Maintenance Code, the definition as set forth in this code
shall prevail.
A building or use that is on the same lot as and subordinate
to, and under the same ownership or control as and used for the purpose
customarily incident to, the use of the main building.
The department, branch or agency of this municipality which
is authorized by the Adopting Ordinance to administer the provisions
of this chapter.
[Added 5-14-85 by Ord. No. 85-14]
Any building or structure, or part thereof, used for human
habitation, use or occupancy and includes any accessory buildings
and appurtenance belonging thereto or usually enjoyed therewith.
[Added 5-14-85 by Ord. No. 85-14]
The condition or appearance 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.
A building or structure or part thereof containing one or
more dwelling units or lodging units.
[Added 5-14-85 by Ord. No. 85-14]
Any room or group of rooms or any part thereof located within
a building and forming single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, and
eating.
[Added 5-14-85 by Ord. No. 85-14]
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking, or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers, utility spaces, communicating corridors, closets, storage
spaces and similar spaces not considered habitable spaces.
[Added 5-14-85 by Ord. No. 85-14; amended 11-25-14 by Ord. No. 2014-33]
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any hotel, motel, boarding house building, or any building
containing one or more lodging units, each of which is rented by one
or more persons not related to the owners, regardless of whether such
person or persons is transient or resident.
[Added 5-14-85 by Ord. No. 85-14]
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the statutes of the State of New Jersey or the ordinances
of the Town of Secaucus.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes but is not limited
to abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators and motor vehicles, any structurally unsound fences
or structures, lumber, trash or debris.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Unsanitary conditions or conditions which render air, food or
drink detrimental to the health of human beings.
Any person or persons in actual possession of, or living
in the building or dwelling unit, including the owner.
[Amended 5-14-85 by Ord. No. 85-14; 11-25-14 by Ord. No. 2014-33]
Any person who has charge, care or control of a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the owner.
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 of any dwelling or dwelling unit, as owner or agent of
the owner, or as fiduciary, including but not limited to executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate, or a mortgagee in possession regardless of how such
possession was obtained. Any person who is a lessee, sublessee or
assignee of any lease or sublease of any part or all of any dwelling
or dwelling unit shall, for purposes of this code, be deemed to be
co-owner of and shall have joint responsibility with the owner respecting
the part of the premises covered by a lease or sublease.
Any individual, corporation, partnership, association or
any other organization or group acting as a unit.
[Added 5-14-85 by Ord. No. 85-14; amended 11-25-14 by Ord. No. 2014-33]
All installed receptacles or devices which are supplied with
water or which receive or discharge liquid waste or sewage into the
drainage system with which they are directly or indirectly connected.
[Added 5-14-85 by Ord. No. 85-14]
A lot, plot or parcel of land, including the buildings or
structures thereon.
The officer or officers who are authorized by the Adopting
Ordinance to exercise powers described by this chapter.
[Added 5-14-85 by Ord. No. 85-14]
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, furniture, refrigerators, appliances,
building material and solid market and industrial wastes.
[Amended 11-25-14 by Ord. No. 2014-33]
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
Anything that is built or constructed and permanently affixed
over or under the ground or upon another structure or building.
Electric, gas, heating, water and sewerage services, and
equipment therefor.
[Added 5-14-85 by Ord. No. 85-14]
