A.
The exterior of the premises and all structures thereon shall be
kept free of any hazards to the safety of occupants, pedestrians and
other persons utilizing the premises, and free of unsightly or unsanitary
conditions, and any of the foregoing shall be promptly removed and
abated.
B.
It shall be the duty of the owner or operator to keep the premises
free of hazards and unsightly or unsanitary conditions which include,
but are not limited to, the following:
(1)
Refuse, including, without limitation, junk, debris, scrap lumber,
scrap metal, inoperable machinery or parts and fragments thereof,
glass, stumps and trash.
(2)
Loose and overhanging objects, including, without limitation, dead
and dying trees, accumulations of ice or other similar conditions
which by reason of their location above ground level constitute a
hazard to persons in the vicinity thereof.
(3)
Ground surface hazards, including, without limitation, holes, excavations,
breaks, projections and obstruction which constitute a hazard to persons
using the premises.
(4)
Inadequate foundation, walls, piers and columns. Foundation walls,
piers, columns, or similar load bearing components shall be kept structurally
sound, free from defects and capable of bearing imposed loads safely.
(5)
Unsafe exterior facilities, including, without limitation, exterior
porches, landings, balconies, stairs and fire escapes, all of which
shall be kept structurally sound and in good repair and shall be provided
with banisters or railings properly designed and maintained.
(6)
Adequate runoff drains shall be used to eliminate any recurring or
excessive accumulations of stormwater; such proper drainage shall
be directed through gutters, leaders, and/or other similar drainage
systems so that no accumulations of stormwater shall occur. Groundwater,
storm-water, or other non-septic wastewaters shall not be discharged
so as to accumulate and cause a hazardous or unsanitary condition.
[Amended 2-24-87 by Ord. No. 87-2]
(7)
Any nuisance as defined by this chapter.
[Added 2-26-85 by Ord. No. 85-1; amended 3-13-96 by Ord. No. 96-02]
(8)
Snow and ice shall not be allowed to accumulate on or be discharged
off a solar panel so as to cause a hazardous condition. Solar panel
snow guards or other hazard mitigation measure shall be utilized to
eliminate excessive accumulations of snow and ice on solar panels
within 10 feet of a roof edge or open side of a walking surface and
such edge or open side is located more than 30 inches above the floor,
roof or grade below. All installation and placement of solar panels
and snow guards shall be in accordance with all zoning regulations
applicable to the property.
[Added 10-26-2021 by Ord.
No. 2021-30]
C.
Snow removal.
[Added 3-13-96 by Ord. No. 96-02]
(1)
Responsibility of property owner. Every owner of property in the
Town of Secaucus on any street that is paved, curbed and/or flagged
shall remove the snow and ice from the sidewalk abutting or bordering
such property, within 24 hours after the snowfall or ice forms upon
the aforesaid sidewalk.
[Amended 11-25-14 by Ord. No. 2014-33]
(2)
Failure to comply. If snow and ice are not removed from any sidewalk
so as to make a safe passageway at least 28 inches wide in residential
areas, and at least 42 inches wide in business districts, within the
time frame as set forth above in paragraph (1) above, it may be removed
by the Department of Public Works or other employees or agents of
the town. The cost, as best can be ascertained, shall be a lien upon
the property and shall be added to, recorded and collected in the
same manner as taxes next to be assessed and levied upon such premises.
The imposition and collection of any fine imposed by the provisions
of this Article shall not constitute any bar to the right of the town
to collect the costs as certified for the removal of any snow and/or
ice.
(3)
Prohibition on disposal of snow or ice in any street or thoroughfare of the town. No person, including the owner or occupant of any lands or premises abutting or bordering upon any street, shall place, deposit, throw or shovel any snow or ice into or upon that portion of any such street which has been cleaned, plowed or shoveled of snow or ice by the town, including but not limited to its employees and agents, or by any governmental entity, or by any public utility having and exercising a franchise or permit to operate vehicles along any streets in the city, at any time after said street has been cleaned or cleared as described above. No owner or occupant of any lands or premises abutting or bordering upon any street shall cause, allow or permit any person to do or perform any of the conduct prohibited by Subsection A of this section of this Article.
(4)
Violations and penalties; collection. Any person who violates either
paragraph (1) or paragraph (3) of this subsection shall, upon conviction
thereof, be punished by a fine not to exceed $500. A separate offense
shall be deemed committed on each and every day during on or which
a violation occurs or continues. The imposition and collection of
the penalty or penalties imposed by paragraph (1) of this subsection
of this section shall not bar the right of the town to collect the
costs of removal as provided in paragraph (2) above.
D.
Bird feeding.
[Added 7-22-03 by Ord. No. 2003-15]
(1)
Each property owner shall be permitted to have one bird feeder or
suet, but not both, to be located in the rear of the property, behind
the existing house or premises, no closer than 12 feet to any property
line.
(a)
Bird feeder. A bird feeder shall be either:
[1]
A tube or cylinder type feeder hung from a tree or pole, or
[2]
A hopper type feeder which shall be no larger than 12 inches
in width and height, be fully enclosed on all sides with openings
of no more than 1/2 inch in size.
|
Bird feeders shall be hung no less than three feet and no more
than eight feet from the ground.
|
|
Bird feeders shall be filled with no more than 10 ounces of
bird feed or bird food at any time to be placed inside the feeder
only.
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(b)
Suet. Suet is a formulation of animal fat and other ingredients
in cake or brick form. Suet shall be placed in either a mesh bag or
wire cage and suspended close to the trunk of a tree between five
and six feet from the ground.
(2)
No bird seed or any form of bird food shall be thrown or scattered
on the ground of any property. No suet shall be smeared on any tree.
Seed shells or bird food dropped by birds or which otherwise fall
to the ground shall be removed immediately so that no accumulation
results.
E.
Sidewalks
and driveway aprons.
[Added 10-23-2018 by Ord. No. 2018-36]
(1)
Responsibility
of property owner. Every owner of property in the Town of Secaucus
shall maintain and undertake any necessary repairs to sidewalks and
driveway aprons abutting a public street in order to maintain such
in good repair and in a safe condition. Any repairs, maintenance or
replacement shall be undertaken at the sole expense of the property
owner, including, but not limited to, actions to address cracks, holes,
settling and uneven surfaces.
(2)
Compliance. The Enforcement Officer, pursuant to §104-16 and the Town Engineer, is authorized to inspect and direct a property owner to comply with this provision and may identify conditions and specify corrective actions necessary for good repair and safety. Notwithstanding the provisions of §104-17 hereof, the Enforcement Officer or Engineer shall give or cause to be given written notice to the owner of said premises identifying the conditions giving rise to concern in violation of this provision in the interest of health, safety and welfare and follow procedures as set forth in Subsection E(3) through (6) below.
(3)
Notice.
The notice shall:
(a)
Identify the conditions giving rise to concern in violation of this
provision; and
(b)
Specify a time period for repair, maintenance or replacement to the
sidewalk and/or driveway apron; and
(c)
Advise the person to whom the notice is directed that failure to
accomplish such within the time stated therein will result in the
repair, maintenance or replacement thereof by or under the direction
of the Town Engineer and such other penalties and consequences as
are provided by this chapter.
(4)
Service
of notice. Service of any such notice shall be made upon the owner
either personally or by posting said notice on said premises and mailing,
by certified mail, a copy of said notice to the owner at his last
known post office address, if any. Service of the notice by posting
and mailing shall be deemed completed upon such posting and mailing.
(5)
Failure
to comply with notice. Any owner who fails or neglects to comply with
the notice described above and duly served as provided herein and
within the time prescribed therein shall be subject to the penalty
prescribed in this chapter.
(6)
Abatement
by Town; costs; lien. In addition to any penalty that may be imposed,
whenever, after due notice has been given as herein, the owner shall
have refused or neglected to do repairs, maintenance or replacement
to sidewalks or driveway aprons abutting a public street in order
to maintain such in good repair and in a safe condition in the manner
and within the time provided for in said notice, the Town Engineer
shall cause the same to be undertaken and the cost of such shall be
certified by the Town Engineer to the Council by the Town Engineer.
If, upon examination of the certification, the Council shall find
the same to be correct, such certified costs shall forthwith become
a charge against said lands and constitute a lien upon said lands,
which shall be added to and become and form a part of the taxes next
to be assessed and levied upon said lands. The amount of such charge
or lien shall bear interest at the same rate and shall be collected
and enforced by the same officers and in the same manner as taxes.
A.
Residential. The exterior of the premises, the exterior of dwelling
structures 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 the residential standards
of the neighborhood and so that the appearance of the premises and
structures shall not constitute a blighting factor depreciating adjoining
properties or an element leading to the progressive deterioration
and downgrading of the neighborhood with the accompanying diminution
of property values.
(1)
General maintenance. In order to preserve property values, eliminate
safety hazards and protect adjoining properties and the neighborhood
from blighting influences, the exterior of every structure or accessory
structure (including fences) shall be maintained in good repair and
all surfaces thereof shall be kept painted or whitewashed where necessary
for purposes of preservation and appearance, free of broken glass,
loose shingles, crumbling stone or brick or excessive peeling paint.
The grounds shall be maintained to an extent sufficient to prevent
the appearance thereof from constituting a blighting factor depreciating
adjoining properties and impairing the residential character of the
neighborhood.
(2)
Front yard parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer the same to be done, in any front yard
area of premises occupied by a dwelling except on driveways and parking
areas constructed and installed in compliance with applicable town
ordinances.[1]
(3)
Sidewalks, driveways, etc. The sidewalks, driveways, walkways and
entrance stairways shall be maintained in a safe condition, such as
will not constitute a hazard to persons using the premises.
(4)
Waterways, brooks, etc. All waterways, brooks, drainage ditches and
swales, to the extent that the same are located on or immediately
adjacent to the premises, shall be maintained in good condition, free
from debris, plantings or other obstructions.
B.
Nonresidential. The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of
the premises and the buildings thereon shall reflect a level of maintenance
in keeping with the standards of the zoning district in which the
property is located[2] and/or such that the appearance of the premises and structures
shall not constitute a blighting factor depreciating adjoining properties
nor an element leading to the progressive deterioration and downgrading
of the neighborhood and/or the zoning district in which the property
is located.
(1)
General maintenance. In order to preserve property values, eliminate
safety hazards and protect adjoining properties and the neighborhood
from blighting influences, the exterior of every structure or accessory
structure (including fences) shall be maintained in good repair and
all surfaces thereof shall be kept painted or whitewashed where necessary
for purposes of preservation and appearance, free of broken glass,
loose shingles, crumbling stone or brick or excessive peeling paint.
The grounds shall be maintained to an extent sufficient to prevent
the appearance thereof from constituting a blighting factor depreciating
adjoining properties and impairing the character of the neighborhood.
(2)
Conditions of approval. All conditions of approval incorporated in
resolutions or other acts of the town or of any duly constituted board
or agency of the town shall be adhered to and shall be construed to
be continuing conditions of approval. Any on-site improvements of
every kind or nature, including, without limitation, sidewalks, curbs,
catch basins, storm drains and driveways installed pursuant to the
requirements of the Secaucus Town Council or any duly constituted
board or agency of the town shall be maintained in good and serviceable
condition at all times.
(3)
Windows. No storage of materials, stock or inventory shall be permitted
in window display areas unless said areas are first screened from
public view by drapes, venetian blinds or other permanent rendering
of the windows opaque to the public view. All such screening of interiors
shall be maintained in a clean and attractive manner and in a good
state of repair.
(4)
Store fronts. All store fronts shall be maintained in good repair
and all surfaces therein good repair and all surfaces thereof shall
be kept painted, when necessary for purposes of preservation and appearance.
In the event repairs to a portion of a store front are made, such
repairs shall be performed with materials identical or compatible
with the materials used in the area not undergoing repair, to the
end that the appearance of the store front shall be uniform and attractive
and shall not constitute a blighting factor depreciating adjoining
properties.
(5)
Awnings and marquees. Any awning or marquee 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 properly maintained in accordance with the foregoing,
they shall together with their supporting members be removed forthwith.
In the event said awnings or marquees are made of cloth, plastic,
or similar materials, said 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.
(6)
Signs. All signs, including the structural and supporting components
thereof and all light stanchions and poles, shall be maintained in
good repair.
(7)
Parking lines. All parking areas shall be marked with clearly visible
parking lines and necessary directional arrows. Such markings shall
be consistent with any requirements as to parking areas imposed by
the Secaucus Town Council or any other duly constituted board or agency
of the Town of Secaucus.
(8)
Waterways, brooks, etc. All waterways, brooks, drainage ditches and
swales, to the extent that the same are located on or immediately
adjacent to the premises, shall be maintained in good condition, free
from debris, plantings or other obstructions.
A.
Residential. Every dwelling and accessory structure and every part
thereof shall be kept structurally sound and in a state of good repair
to avoid safety or health hazards, including:
(1)
Exterior walls, sidings and roofs. Exterior walls, sidings and roofs
shall be kept structurally sound, in good repair and free from defects.
(2)
Painting and other protective coating. All exposed surfaces susceptible
to decay shall be kept at all times painted or otherwise provided
with a protective coating sufficient to prevent deterioration.
(3)
Weather and watertightness. Every dwelling shall be so maintained
as to be weather- and watertight.
(4)
Exterior walls, roofs, etc. Exterior walls, roofs, windows, window
frames, doors, door frames, foundations and other portions of the
structure shall be so maintained as to prevent water from entering
the structure under normal conditions and to prevent excessive drafts.
Damaged materials must be repaired or replaced promptly; places showing
signs of rot, leakage, deterioration or corrosion are to be restored
and protected against weathering or seepage.
(5)
Every inside and outside stairway, every porch, and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon,
and shall be kept in sound condition and good repair. Every stairway
having three or more steps shall be properly banistered and safely
balustraded.
[Added 5-14-85 by Ord. No. 85-14]
(6)
Every dwelling, dwelling unit, or lodging unit shall have safe and
unobstructed means of egress. Such means of egress shall not be through
any other dwelling unit or part thereof and shall lead to a safe and
open space at ground level accessible to the street.
[Added 5-14-85 by Ord. No. 85-14]
(7)
A room used for sleeping purposes shall be provided with a safe and
unobstructed means of egress leading directly to an outside area accessible
to a street.
Editor's Note: Original ordinance contained a reference to subsection
11.5 of this chapter, which reference was deleted.
[Added 5-14-85 by Ord. No. 85-14]
(8)
All structures shall be free from rodents, vermin and insects. Rodent
or vermin extermination and proper precautions to prevent infestation/
reinfestation may be required by the Board of Health.
[Added 11-25-14 by Ord. No. 2014-33]
(9)
From May 1 until October 1 of each year, windows, doors, skylights
and other openings to the outdoors required for ventilation of habitable
rooms, food preparation or service areas or other similar areas shall
be supplied with properly fitting screens. Screens shall be maintained
in good repair, and have a mesh of not less than No. 16, as per mesh
industry standards.
[Added 11-25-14 by Ord. No. 2014-33]
B.
(Reserved)
[Reserved 11-25-14 by Ord. No. 2014-33]
