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.
ACCESSORY STRUCTURE
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.
ADMINISTRATIVE AUTHORITY
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]
BUILDING
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]
DETERIORATION
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.
DWELLING
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]
DWELLING UNIT
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]
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
GARBAGE (see also "refuse" and "rubbish")
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
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]
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
LODGING HOUSE
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]
NUISANCE:
A. 
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.
B. 
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.
C. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
D. 
Unsanitary conditions or conditions which render air, food or drink detrimental to the health of human beings.
OCCUPANT
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]
OPERATOR
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.
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.
PERSON
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]
PLUMBING FIXTURES
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]
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
PUBLIC OFFICER
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]
REFUSE (see also "garbage," and "rubbish")
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]
RUBBISH (see also "garbage" and "refuse")
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.
STRUCTURE
Anything that is built or constructed and permanently affixed over or under the ground or upon another structure or building.
UTILITIES
Electric, gas, heating, water and sewerage services, and equipment therefor.
[Added 5-14-85 by Ord. No. 85-14]