[Ord. No. O-00-57 § 13A-1]
a.
Title. This Article shall be known as the Commercial Property Maintenance
Code of the City of Bayonne and will hereinafter be referred to as
"this Code."
b.
Findings and Declaration of Policy. It is found and declared that
there exist in the City of Bayonne vacant lots, commercial premises,
and premises primarily used for nonresidential purposes which are
or may become in the future substandard with respect to structure
or maintenance and, further, that such conditions, including, without
limitation, structural deterioration, lack of maintenance of the exterior
of premises, infestations of vermin are or could become injurious
to the public health, safety and welfare.
c.
Purpose. This Code sets forth standards with respect to structures
and premises, establishes minimum maintenance standards for the exterior
of all premises, fixes the responsibility of owners and occupants
of premises, provides for remedial actions, and penalties, and is
intended to be enforced to protect the values of adjacent properties,
health and safety standards and to maintain the aesthetics of the
City.
[Ord. No. O-00-57 § 13A-2]
This Code shall be construed liberally and justly to ensure
the public health, safety and welfare insofar as they are affected
by the continued use and maintenance of premises.
[Ord. No. O-00-57 § 13A-3]
Any repairs or alterations to a structure or changes of use
therein, which may be caused directly or indirectly by the enforcement
of this Code shall be done in accordance with the procedures and provisions
of the Uniform Construction Code. In the event of a conflict between
this Code, the Uniform Construction Code and the Uniform Fire Safety
Act, then the Act or Code imposing the highest standard shall prevail.
[Ord. No. O-00-57 § 13A-4]
The provisions of this Code shall not be deemed to abolish or
impair existing remedies or the jurisdiction of any municipal officers
relating to the removal or demolition of any buildings which are deemed
to be dangerous, unsafe and unsanitary, or any remedies which are
available under the Bayonne Land Use Ordinance, the Uniform Construction
Code, the State Health and Housing Codes, the Bayonne Health Code
or the Uniform Fire Safety Act. It shall be up to the discretion of
the officials charged with enforcing the provisions of those statutes
or ordinances to determine whether or not to seek remedies under those
statutes or ordinances.
[Ord. No. O-00-57 § 13A-5]
This Code shall not affect violations of any other ordinance,
statute or regulation existing prior to the effective date hereof,
and any such violation shall be continued to be punishable to the
full extent of the law under the provisions of those ordinances, statutes
or regulations in effect at the time the violation was committed.
[Ord. No. O-00-57 § 13A-6]
It shall be the duty and responsibility of the enforcement officer,
or other officials of the City, designated by the Mayor to enforce
the provisions of this Code as herein provided.
[Ord. No. O-00-57 § 13A-7]
Alterations or repairs, other than increasing the height or
area of a structure, may be made to any structure, provided that such
new construction conforms to that required by this Code and the Uniform
Construction Code. Alterations or repairs shall not cause an existing
structure to become unsafe.
[Ord. No. O-00-57 § 13A-8]
All materials, equipment and devices approved for use by the
enforcement officer shall be constructed and installed in accordance
with such approval.
[Ord. No. O-00-57 § 13A-9]
When there are practical difficulties involved in carrying out
any provisions of this Code or of any approved rule, the enforcement
officer may vary or modify such provision upon application of the
owner or the owner's representative, provided that the spirit and
intent of the law shall be observed and public welfare and safety
assured.
[Ord. No. O-00-57 § 13A-10]
a.
Inter changeability. Words used in the present tense include the
future; words in the masculine gender include the feminine and neuter;
the singular number includes the plural and the plural the singular.
b.
Terms Defined in Other Codes. Where terms are not defined in this
Article and are defined in the Uniform Construction Code, they shall
have the same meanings ascribed to them as in the Uniform Construction
Code.
c.
Terms Not Defined. Undefined terms shall have their ordinarily accepted
meanings.
[Ord. No. O-00-57 § 13A-11]
As used in this Code, the following terms shall have the meanings
indicated.
As applied to material, device or method of construction,
shall mean approved by the enforcement officer under the provisions
of this Code or approved by other authority designated by law to give
approval in the matter in question.
Shall mean a properly qualified City employee as designated
by the Mayor.
Shall mean the control and elimination of insects, rats or
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; or by poison
spraying, fumigating, trapping or by any other approved pest elimination
methods.
Shall mean the animal, vegetable and other organic waste
resulting from the handling, preparation, cooking and consumption
of food.
Shall mean the presence within or contiguous to a structure
or premises of rats, vermin or other rodents, squirrels, skunks or
raccoons.
Shall mean acts of repair and other acts to prevent a decline
in the condition of grounds, structures and equipment such that the
condition does not fall below the standards established by this Code
and other applicable statutes, codes and ordinances.
Shall mean any person, including domestic service employees,
living and/or sleeping in a dwelling unit or having possession of
a space within a structure.
Shall mean any person who has charge, care or control of
a premises, or part thereof, whether with or without the knowledge
and consent of the owner.
Shall mean any person having the legal or equitable interest
in the property; or recorded in the official records of State, county
or municipality as holding title to the property; or otherwise having
control of the property, including the guardian of the estate of any
such person and the executor or administrator of the estate of such
person if ordered to take possession of real property by a court.
Shall mean a lot, plot or parcel of land, including any buildings
or structures thereon.
Shall mean and include without limitation, the following:
The physical condition or use of any premises, which is recognized
in law or equity jurisprudence, or as provided by the Statutes of
the State of New Jersey or in the ordinances of the City of Bayonne
as a public nuisance.
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including
but not limited to abandoned wells, shafts, basements and excavations;
Any premises which has unsanitary sewage facilities;
Any premises designated as unsafe for human habitation or use;
Any premises on which is stored flammable substances in an unsafe
manner;
Any premises with respect to which the required precautions
against trespassers have not been provided;
Any premises which is unsanitary or which is littered with rubbish
or garbage or which has an uncontrolled growth of weeds or other vegetation;
or
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; open or abandoned; damaged
by fire to the extent as not to provide shelter, in danger of collapse
or failure and dangerous to anyone on or near the premises.
Shall mean combustible and noncombustible waste material,
or packaged recyclables, except garbage, including, without limitation,
paper, cartons, boxes, wood, rubber, plastic, leather, tree branches,
tree limbs or tree rounds, yard trimmings, metal containers, glass,
dead animals, excavation materials, abandoned bricks and other construction
materials, industrial waste and abandoned motor vehicles and boats.
Shall mean any assembly of materials forming a construction,
including, but not limited to, buildings, stadiums, tents, platforms,
towers, poles, aboveground and below ground storage tanks, trestles,
sheds, bins, shelters, fences, walls, mobile homes or trailers, portable
buildings, display racks and signs, swimming pools, tennis courts,
decks and patios.
Shall mean installed, furnished or provided by the owner
or operator.
Shall mean the Uniform Construction Code adopted by the State
of New Jersey for the regulation of construction, alteration, addition,
repair, removal, demolition, use, location, occupancy and maintenance
of buildings and structures.
[Ord. No. O-00-57 § 13A-12]
It shall be the duty and responsibility of the enforcement officer
to enforce the provisions of this Code as herein provided. In enforcing
this Code the enforcement officer shall consult or seek the advice
of licensed City employees whose qualifications and licensing are
related to the provisions of this Code or related codes which are
the subject of such enforcement activities. Such other City employees
shall cooperate with and aid the enforcement officer in the enforcement
of this Code.
[Ord. No. O-00-57 § 13A-13]
Any employee of the City working under the supervision of the
enforcement officer who acts in good faith and without malice in the
discharge of duties of enforcement of this Code is relieved of all
personal liability for any damage that may accrue to persons or property
as a result of such acts or alleged failure to act. Further, the enforcement
officer shall not be held liable for any costs in any action, suit
or proceeding that may be instituted by the enforcement officer in
the enforcement of this Code.
[Ord. No. O-00-57 § 13A-14]
The enforcement officer shall issue all necessary notices, orders
and summons to abate illegal or unsafe conditions to ensure compliance
with this Code's requirements for the safety, health and general welfare
of the public and to enforce the provisions of this Code.
[Ord. No. O-00-57 § 13A-15]
Except in emergent circumstances when the enforcement officer
determines that the safety, health and welfare of the public is threatened,
the enforcement officer shall not enter any premises for the purpose
of making inspections and performing duties under this Code without
first making a bona fide effort to secure the consent of the occupant
or the operator of the premises. If the enforcement officer is unable
to secure the consent of the occupant or operator, the enforcement
officer may seek the permission of the owner to enter the premises
and, failing to receive such permission, may exercise the remedies
in the following section. In no event shall an inspection interfere
with the legal or constitutional rights of the owner, operator or
occupant.
[Ord. No. O-00-57 § 13A-16]
If any owner, operator, occupant or other person in charge of
a premises refuses, impedes, inhibits, interferes with, restricts
or obstructs entry and access to any part of the premises where inspection
authorized by this Code is sought, the enforcement officer may seek,
in a court of competent jurisdiction, an order that such owner, operator,
occupant or other person in charge of the premises cease and desist
with such interference and request a warrant or order permitting entry.
[Ord. No. O-00-57 § 13A-17]
Every occupant of a premises shall give the owner or operator
thereof or such person's agent or employee access to any part of the
premises at reasonable times for the purpose of making such inspection,
maintenance, repairs or alterations as are necessary to comply with
the provisions of this Code. If the occupant refuses access to the
owner to make the repairs the occupant shall be liable for any violations
not corrected.
[Ord. No. O-00-57 § 13A-18]
The enforcement officer or the enforcement officer's authorized
representative shall disclose proper credentials of his respective
office for the purpose of inspecting any and all premises in the performance
of duties under this Code.
[Ord. No. O-00-57 § 13A-19]
Inspection of premises, the issuance of notices and orders and
enforcement thereof for purposes of this Code, shall be the responsibility
of the enforcement officer. Whenever, in the opinion of the enforcement
officer, it is deemed necessary or desirable to have inspections by
any other official of the City or other governmental unit, the enforcement
officer shall make reasonable effort to arrange for the coordination
of such inspection so as to minimize the number of visits by inspectors
and for the purpose of eliminating conflicting orders before any are
issued. Any official of the City shall not, however, delay the issuance
of any emergency orders, which he determines must be issued. Enforcement
may be undertaken by the City Official with the authority under another
applicable ordinance or statute to enforce a violation of any statute
or ordinance dealing with the same subject matter.
[Ord. No. O-00-57 § 13A-20]
The enforcement officer shall have power as may be necessary
in the interest of public safety, health and general welfare to adopt
and promulgate rules and regulations to interpret and implement the
provisions of this Code to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions;
but such rules shall not have the effect of waiving fire-protection
requirements or violating accepted engineering practice involving
public safety. The adoption and promulgation of rules and regulations
hereunder shall be subject to the final approval of the Mayor.
[Ord. No. O-00-57 § 13A-21]
a.
Scope. The provisions of this section shall set forth standards for
the maintenance of those portions of premises covered by this Code.
Premises shall comply with the standards herein prescribed insofar
as they are applicable.
b.
Responsibility. The owner of the premises shall maintain such premises
in compliance with these requirements. A person shall not occupy as
owner or permit another person to occupy or use premises, which are
dangerous to life, health, property or safety of the public.
[Ord. No. O-00-57 § 13A-22]
Any excavation site except such sites as are associated with
an active construction project shall be completely surrounded by a
solid screen fence, at least six feet in height, which shall be constructed
in a manner so that the site is obscured from the public.
[Ord. No. O-00-57 § 13A-23]
All premises shall be maintained in a clean, safe and sanitary
condition, free from any accumulation of rubbish or garbage, and in
a manner so as not to constitute a public nuisance or otherwise adversely
affect the public health or safety.
[Ord. No. O-00-57 § 13A-24]
All premises shall be graded and maintained so as to prevent
the accumulation of stagnant water thereon. Stagnant water shall be
determined as any accumulation that has not dispersed within three
days of the last recorded local rainfall. Pools and hot tubs in regular
use are exempt from the requirement of this section. Sump pump discharge
shall be routed to the roadway, storm sewer or on the ground. No sump
pump shall be connected to the sanitary sewer.
[Ord. No. O-00-57 § 13A-25]
Except as otherwise permitted by resolution of the Planning
Board or the Zoning Board of Adjustment, or as provided in the Land
Use Ordinance, all loading areas shall be paved with bituminous, concrete
or equivalent surfacing and shall be free from dirt and other litter
and kept in good repair. When lighted for nighttime use, lights shall
not be permitted to shine directly upon dwellings nearby.
[Ord. No. O-00-57 § 13A-26]
The owner of a premises shall be responsible for the extermination
of rats, vermin or other pests in all interior and exterior areas
of the premises.
[Ord. No. O-00-57 § 13A-27]
All public sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be maintained in a state of repair, free of all snow, ice, mud and rubbish and free of hazardous conditions. If any public sidewalk, steps or driveway for public use, or portion thereof, by virtue of its state of disrepair shall constitute a danger to public health and safety, the sidewalk, steps or driveway for public use, or portion thereof shall be replaced or repaired. Steps shall comply with the requirements for exterior stairs set forth in Section 17-15.
[Ord. No. O-00-57 § 13A-28; Ord. No. O-12-24]
All premises and exterior property shall be maintained free
from grass growth, weeds or other plant growth in excess of 12 inches
in height, which are detrimental to the public health and welfare,
or excessively overgrown as compared to the character and condition
of the surrounding properties and where the same could constitute
a blighting influence, and impair the appearance of nearby properties.
[Ord. No. O-00-57 § 13A-29]
All commercial open yards and open storage areas shall be completely
screened from adjacent premises and the public right-of-way by a solid
screen fence or vegetation. The provisions of the Bayonne Land Use
Ordinance regarding other requirements for outdoor storage shall apply
notwithstanding these provisions.
[Ord. No. O-00-57 § 13A-30]
Pipes, ducts, conductors, fans or blowers discharging gases,
steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes shall be constructed, maintained and operated in a manner so
as to not to cause discharge directly upon abutting or adjacent dwelling
units or premises.
[Ord. No. O-00-57 § 13A-31]
Open fires shall be prohibited except as specifically approved
by the Fire Department.
[Ord. No. O-00-57 § 13A-32]
Motor vehicles located upon premises shall be subject to the
following requirements:
a.
Commercial and Nonresidential Areas. No unregistered or uninspected
motor vehicle, with the exception of cars displayed for sale by licensed
dealers, shall be permitted on any property in a nonresidential district
unless the same is garaged or properly screened so that the vehicle
is obscured from adjacent premises and the public view.
No motor vehicle in a state of major disassembly or disrepair
or in the process of being stripped or dismantled shall be permitted
in a nonresidential district, unless the same is garaged or properly
screened so that the vehicle is obscured from adjacent premises and
the public view.
b.
The provisions of the City's Land Use Ordinances regarding other
requirements for outdoor storage of trailers and motor vehicles shall
still apply notwithstanding these provisions.
[Ord. No. O-04-07 § 1]
All soil, sand and/or gravel stored or maintained on private
property, whether for use in construction, sale, distribution or storage
shall be covered with a tarp, or other covering as deemed acceptable
by the City, so as to prevent said soil, sand and/or gravel from impacting
onto adjacent properties and/or public areas.
[Added 5-15-2019 by Ord.
No. O-19-34]
a.
No person shall obstruct a fire hydrant in the City by placing against
or immediately surrounding the same any posts, fences, vehicles, plants,
trees, growth, garbage, rubbish, landscaping materials, rock materials,
storage and/or other materials. Structures or objects shall not be
placed or kept near fire hydrants, Fire Department inlet connections
or fire protection system control valves (collectively, the "fire
protection equipment") in a manner that would prevent fire hydrants
and/or other fire protection equipment from being immediately discernible
or readily accessible. A three-foot clear space shall be maintained
around the circumference of fire hydrants and/or other fire protection
equipment, including, but not limited to, any automobile, building
material or any obstruction of any kind whatsoever, so as to make
access to the fire hydrant and/or other fire protection equipment
inconvenient or difficult to the Fire Department, without first having
obtained written permission from the Chief of the Fire Department.
b.
Any violation of this subsection shall result in the payment of damages to the City of Bayonne in accordance with the general provisions of Chapter 1.
c.
Enforcement. Violation of any provision of this subsection shall
be cause for an enforcement document to be issued to the violator
by the Police Department, Litter Inspector, Parking Enforcement Officers,
Health Official, Recycling Coordinator, or any municipal officials
designated or authorized by the Department of Public Works, Director
of Public Safety or the Health Officer. The recipient of an enforcement
document shall be entitled to a hearing in a municipal court having
jurisdiction to contest such action.
[Ord. No. O-00-57 § 13A-33]
The exterior of a structure and all accessory structures shall be maintained in good repair, structurally sound and sanitary manner (i) so as not to constitute a public nuisance or have a blighting effect and impair the appearance of neighboring properties, or (ii) otherwise pose a threat to the health, safety or welfare of the occupants of the premises or the public. The application and enforcement of each of the other subsections of this Section 17-15 shall be in accordance with the foregoing standards.
[Ord. No. O-00-57 § 13A-34]
All supporting structural members of all structures shall be
kept structurally sound, free of deterioration and maintained capable
of safely bearing the dead and live loads imposed upon them.
[Ord. No. O-00-57 § 13A-35]
All foundation walls shall be maintained so as to carry the
safe design and operating dead and live loads and shall be maintained
free from open cracks and breaks, so as not to constitute a public
nuisance or otherwise be detrimental to public safety and welfare.
[Ord. No. O-00-57 § 13A-36]
All exterior walls shall be free of holes, breaks, loose or
rotting boards or timbers and any other conditions which might admit
rain or dampness inside the walls. All exterior surface materials,
including wood, composition or metal siding, shall be maintained weatherproof
and shall be properly surface-coated when required to prevent deterioration.
All fences shall be maintained structurally sound and free of rot.
[Ord. No. O-00-57 § 13A-37]
All roofs shall be structurally sound, tight and free of defects.
Roof drainage shall be adequate to prevent rainwater from causing
dampness or deterioration of, or entering the structure. Roof water
shall not be discharged in a manner that creates a nuisance to owners
or occupants of adjacent premises or that creates a public nuisance.
Discharge of roof drains shall be to the roadway, storm sewer system
or on the ground. No roof drainage shall be connected to the sanitary
sewer.
[Ord. No. O-00-57 § 13A-38]
All canopies, marquees, signs, metal awnings, stairways, fire
escapes, standpipes, exhaust ducts and similar overhang extensions
shall be maintained in good repair and be properly anchored so as
to be kept in a safe and sound condition.
[Ord. No. O-00-57 § 13A-39]
All chimneys, cooling towers, smoke stacks and similar appurtenances
shall be maintained structurally safe, sound and in good repair.
[Ord. No. O-00-57 § 13A-40]
a.
Every stair, porch, fire escape or balcony and all appurtenances
attached thereto shall be so constructed as to be safe to use and
capable of supporting the anticipated loads and shall be maintained
in sound condition and good repair. Every stair, porch and fire escape
shall be maintained free of hazardous conditions such as snow, ice,
mud and rubbish.
b.
Every flight of stairs which is more than three risers high and which
is appurtenant to a structure which is used for commercial purposes,
shall have a handrail on at least one side of the stair, and every
open portion of a stair fire escape, porch, landing or balcony which
is more than 30 inches above the grade below shall have guardrails.
Handrails shall be not less than 30 inches or more than 34 inches,
measured vertically above the nosing of the treads. Guardrails shall
be not less than 30 inches high above the floor of the porch, landing
or balcony. Every handrail and guardrail shall be firmly fastened
and capable of bearing normally imposed loads and shall be maintained
in good condition.
[Ord. No. O-00-57 § 13A-4; Ord. No. O-01-16 § 1]
All required windows shall be glazed with glass, which is free
from holes so as to exclude wind, rain or snow from entering the structure.
Windows may not be boarded up in any manner except on a temporary
basis with prior approval of the enforcement officer.
[Ord. No. O-00-57 § 13A-42; Ord. No. O-12-24]
During the period from May 1 to October 1, every door, window
or other outside opening used for ventilation purposes serving any
building used for commercial purposes containing food preparation
areas, food service areas or any areas where products used in food
for human consumption are processed, manufactured, packaged or stored,
shall be supplied with approved tight fitting screens of minimum 16
mesh per inch (16 mesh per 25 mm), and every swing screen door used
for insect control shall have a self-closing device in good working
condition.
[Ord. No. O-00-57 § 13A-43]
All basement hatchways shall be maintained as to prevent the
entrance of vermin, rain and surface drainage water into the structures.
[Ord. No. O-00-57 § 13A-44]
All basement windows shall be supplied with guards of a material
affording protection against the entry of vermin.
[Ord. No. O-11-29]
a.
Purpose. The purpose of this section is to help protect the health,
safety and welfare of the citizens by preventing blight, protecting
property values and neighborhood integrity, avoiding the creation
and maintenance of nuisances and to ensure the safe and sanitary maintenance
of dwellings, commercial and industrial buildings. It is the intent
of this section to address homes, buildings and any other types of
real property both improved and unimproved that have become vacant,
abandoned, or otherwise unsupervised thereby having a negative impact
on surrounding properties and neighborhoods. Vacant and abandoned
real property create an increased instance of unsecured or open doors
and windows, broken water pipes, flooded basements, theft of metals
and other materials, overgrowth of grass, weeds, shrubs, and bushes,
illegal dumping and rodent and vermin activity at vacant, abandoned
or otherwise unmaintained properties. Such neglect devalues properties
and causes deterioration in neighborhoods and industrial and commercial
areas. This section not only applies to record owners of properties
but also to any other person or entity who has an interest in the
property such as mortgagees that have filed for foreclosure or persons
or entities that are otherwise under the control of the mortgagee.
b.
Scope. The provisions of this section shall apply to improved or
unimproved residential, commercial and industrial property located
within the City of Bayonne. This chapter does not relieve an owner
or mortgagee from compliance with all other City ordinances, codes,
rules, regulations and state law including but not limited to the
International Property Maintenance Code previously adopted.
c.
Definitions. As used in this section:
1.
ABANDONED VACANT PROPERTY – Shall mean a property, either improved
or unimproved, where there is "evidence of vacant property" as herein
defined; or that has been vacant; or not in active use for its intended
purposes for a period of 30 days or more; or meets any of the following
criteria:
(a)
Provides a location for loitering, vagrancy, unauthorized entry,
or other criminal activity;
(b)
Has one or more broken or boarded windows;
(c)
Has taxes or utility bills in arrears for a period of time exceeding
365 days or whose property was subject to tax lien sale;
(d)
Has utilities disconnected or not in use;
(e)
Is not maintained in compliance with City ordinances, codes
or State law;
(f)
Is only partially completed and is not fit for human occupancy;
(g)
Has one or more outstanding building, fire, building or zoning
violations or outstanding fines;
(h)
Exhibits any factors set forth in paragraph c2 "Evidence of
vacant property" defined or described herein.
2.
EVIDENCE OF VACANT PROPERTY – Shall mean any condition that
on its own or combined with other conditions would lead a reasonable
person to believe the property is vacant. Such conditions include,
but are not limited to, overgrown and/or dead vegetation accumulation
of newspapers, circulars, flyers, and/or mail, past due utility notices,
disconnected utilities, accumulation of trash, junk and/or debris,
broken or boarded windows, abandoned vehicles, auto parts or materials,
the absence of window coverings such as curtains, blinds and/or shutters,
the absence of furnishings and/or personal items consistent with habitation,
or occupation, outstanding fines arising from violation of ordinances,
codes, rules, regulations and State law, including, but not limited
to, the International Property Maintenance Code, statements by neighbors,
passersby, delivery agents or governmental employees that the property
is vacant.
3.
BUILDING – Shall mean a structure with a roof supported by
columns or walls to serve as a shelter or enclosure.
4.
FORECLOSURE – Shall mean the process by which a mortgage is
enforced against a parcel of real property through sale or offering
for sale to satisfy the debt of the mortgagor and which process is
commenced by the filing of a complaint for foreclosure in a court
of the State of New Jersey.
5.
MORTGAGE – Shall mean a recorded lien or interest in real property
to secure payment of a loan.
6.
MORTGAGEE – Shall mean a person, firm, corporation or other
legal entity holding a mortgage on a property, whether or not such
person, firm, corporation or other legal entity has filed a complaint
in the Superior Court of New Jersey seeking foreclosure and enforcement
of the terms of any mortgage or collection of any negotiable instrument
secured by real property.
7.
MORTGAGOR – Shall mean a borrower under a mortgage who grants
a lien or interest in property to a mortgagee as security for the
payment of a debt.
8.
OWNER – Shall mean an individual, copartnership, association,
corporation, company, fiduciary, or any other person or legal entity
having a legal or equitable title or interest in real property.
9.
STRUCTURE – Shall mean anything constructed or erected, the
use of which requires location on or attachment to the ground, and
includes buildings.
10.
VACANT IMPROVED PROPERTY – Shall mean an improved lot or parcel
of real property with at least one building or structure located on
it that is not currently used nor occupied nor has been used nor occupied
for a period in excess of 30 days or where there is evidence of vacant
property present as that term is herein defined. A building or structure
that remains furnished, has utilities connected or in use, and on
property that is maintained while the owner is absent, shall not be
considered vacant.
11.
VACANT UNIMPROVED PROPERTY – Shall mean a lot or parcel of
real property without a building or structure located thereon and
that is not currently used or occupied for a period in excess of 30
days or where there is evidence of vacant property as herein defined.
A lot or parcel of real property without a building or structure located
thereon and that is in use, not in violation of any rule, regulation
or ordinance, is properly maintained and does not exhibit evidence
of vacant property as herein defined will not be considered to be
"vacant" for purposes of this section.
[Ord. No. O-00-57 § 13A-45]
The owner of any commercial building which has a display window
facing the street and which becomes vacant shall install a temporary
drop screen located a minimum of three feet and a maximum of 10 feet
back from the window surface in order to obscure the vacant interior
of the premises. Such location shall be determined by the availability
of places where such screen can be supported. If there are no such
supports, the screen can be placed directly in the windows. Such screens
shall be opaque and dark in color and may be constructed of cloth,
sheetrock or other similar material, but shall not be of plastic or
paper. The owner of the premises may install a public service display
or other decorative material in the space between the window and the
screen.
[Ord. No. O-11-29]
a.
Vacant Improved Property. The owner, mortgagor or mortgagee, jointly
and severally, of any abandoned vacant property shall secure the property
by boarding up all points of entry, including but not limited to windows
and doors, and must be secured in strict compliance with the City's
specifications entitled "Board-Up Specifications" as on file with
the City Clerk's Office, Office of the Building Official and Office
of the Fire Official and as may be hereinafter amended from time to
time. Accessory building(s) or structure(s) located on the property,
such as storage sheds and garages, must also be secured pursuant to
the "Board-Up Specifications". A building permit will be required
to be applied for by the owner or mortgagee prior to any work being
commenced pursuant to this section.
b.
Vacant Unimproved Property. The owner or mortgagee of any vacant
unimproved property shall secure the property from entry by installing
a permanently affixed chain link fence with solid colored "privacy
slats" that are forest or dark green in color that are uniformly installed
around the entire perimeter of the property and in strict compliance
with the City's specifications entitled "Fencing Specifications" that
are on file with the City Clerk's Office, Office of the Building Official
and Office of the Fire Official and as may be hereinafter amended
from time to time. A zoning approval and a building permit will be
required to be applied for by the owner or mortgagee prior to any
work being commenced pursuant to this section.
c.
Enforcement and Service. This section shall be enforced against and
violations served upon any owner, mortgagee, mortgagor or third party
entity servicing the property by the Police Department, Construction
Official, Fire Official, Health or Zoning Officers or any municipal
officials designated or authorized by those persons. Service for purposes
of this section shall be deemed complete upon the simultaneous mailing
by U.S. First Class Mail and Certified Mail/Return Receipt Requested
upon the last known address of either the owner, mortgagee, mortgagor
or third party entity servicing the property or alternatively at the
address on record with the Tax Assessor's Office.
d.
Penalties. Any person(s) or entity(ies) found to be in violation
of the provisions of this section shall be subject to a fine of not
more than $1,250 for each offense and a separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues.
[Ord. No. O-00-57 § 13A-46]
Whenever (i) a petition is filed with the enforcement officer
by a public authority or by five residents of the City, not residing
in the same dwelling unit, all of whom, must disclose their names
and addresses or five business owners all of whom must disclose their
names and addresses, charging that any premises or portion thereof
is in violation of this Code, provided that the enforcement officer,
after an investigation which shall be conducted promptly, agrees with
such charge; or (ii) it is determined by the enforcement officer on
the basis of an independent investigation that any premises or portion
thereof is in violation of this Code or that any condition constitutes
a public nuisance within the meaning of this Code or otherwise presents
a condition harmful to the health and safety of the occupants of premises
or the public, he shall give notice of such violation to the person
or persons responsible therefore as hereinafter provided.
[Ord. No. O-00-57 § 13A-47]
Notices of violations of this Code and any orders issued pursuant
to this Code shall be given by the enforcement officer to the owner
and occupant of the applicable premises, or to the person or persons
responsible therefore, in the manner prescribed.
[Ord. No. O-00-57 § 13A-48]
A notice or order pursuant to this Code shall:
a.
Be in writing.
b.
Include a description of the real estate sufficient for identification.
c.
Include a statement of the reason or reasons why it is being issued.
d.
If applicable, include a correction order allowing 30 days for the
repairs and improvements required to bring structure into compliance
of this Code. The recipient of said notice may apply to the enforcement
officer for an extension of time for such work, which may be granted
or denied at the discretion of the enforcement officer. A shorter
time period may be required by the enforcement officer if in his opinion
it is required for reasons of public safety.
e.
Include an explanation of the owner's right to seek modification
or withdrawal of the notice or order by petition of appeal to the
Municipal Court of the City of Bayonne.
f.
Include a statement of the penal and remedial provisions available
to the City for noncompliance.
[Ord. No. O-00-57 § 13A-49]
Service of a notice or order shall be made by delivering same
to the owner and occupant personally, or sent by certified or registered
mail and regular mail addressed to the occupant and to the owner at
the last known address with return receipt requested and regular mail;
or if a certified or registered letter to the occupant is returned
with receipt showing that it has not been delivered, by posting a
copy thereof in a conspicuous place in or about the structure affected
by such notice.
[Ord. No. O-00-57 § 13A-50]
It shall be unlawful for the owner of any premises who has received
a notice of violation to sell, transfer, lease or otherwise dispose
of such premises, or any part thereof, until the provisions of the
notice of violation have been complied with, or until such owner shall
first furnish the grantee, transferee or lessee, a true copy of any
notice of violation issued by the enforcement officer and shall furnish
to the enforcement officer a signed and notarized statement from the
grantee, transferee or lessee, acknowledging the receipt of such notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such notice of violation.
[Ord. No. O-00-57 § 13A-51]
It shall be unlawful for any person to erect, construct, alter,
extend, repair, remove, demolish, use or occupy any structure, or
to cause the same to be done contrary to or in conflict with, or in
violation of any of the provisions of this Code, or any order issued
hereunder.
[Ord. No. O-00-57 § 13A-52]
Any person affected by any order or notice of violation which
has been issued in connection with the enforcement of any provision
of this Code or of any rule or regulation adopted pursuant hereto
may request and shall be granted a hearing on the matter before the
Municipal Court of the City of Bayonne. A written petition requesting
such a hearing and containing a statement of the grounds therefore
shall either be delivered personally to the Court Administrator or
sent by certified or registered mail, return receipt requested, within
10 business days after the day the notice or order was served. Filing
of such petition shall stay any further enforcement provisions until
the Court has returned a final determination.
[Ord. No. O-00-57 § 13A-53]
Upon receipt of such a petition, the Court Administrator shall
set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice of violation
or order should be modified or withdrawn. The hearing shall be commenced
as soon as may be practical after receipt of the petition.
After such hearing, the Municipal Court Judge shall sustain,
modify or withdraw the notice of violation or order, depending upon
his findings as to whether the provisions of this Code have been complied
with. If the Municipal Court Judge sustains or modifies such order
or notice, or if a written petition for a hearing is not filed with
the Court Administrator within 10 business days after the order or
motion is served, the notice of violation and order shall be deemed
to be final.
[Ord. No. O-00-57 § 13A-54]
The proceedings at a hearing, including the findings and decision
of the Municipal Court Judge shall be electronically recorded, shall
be summarized, reduced to writing and entered as a matter of public
record in the office of the Court Administrator. Such record shall
also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by a decision of the Municipal
Court or other final order may seek relief therefrom in any court
of competent jurisdiction. Such tape-recorded record shall be retained
for a period of time as required by the Administrative Office of the
Courts.
[Ord. No. O-00-57 § 13A-55]
Whenever the enforcement officer finds that an emergency exists
which requires immediate action to protect the public safety, he may,
without an opportunity for a hearing, issue an order reciting the
existence of such an emergency and requiring that such action be taken
as the enforcement officer deems necessary to meet the emergency.
Such order shall be deemed a final order and shall be effective immediately,
provided, however, that any person aggrieved therefrom may seek relief
in any court of competent jurisdiction.
[Ord. No. O-00-57 § 13A-56]
Any person who has received a notice of violation may also petition
to request a hearing if such person because of financial or personal
hardship seeks a modification of such notice or order or seeks a postponement
of enforcement. The Municipal Court of the City of Bayonne shall proceed
as set forth above and after a hearing may take whatever action the
Court deems appropriate under the circumstances including granting
or denying such request or postponing enforcement.
[Ord. No. O-00-57 § 13A-57]
Any owner, operator or occupant who is required to make repairs
or otherwise improve a premises and is unable to comply with this
Code without having a right of access to the premises through or across
adjoining premises not owned by such person or under such person's
control or if a right of access has been refused or if the person
empowered to grant such access cannot be found or located, may file
an affidavit with the enforcement officer setting forth the applicable
facts and applying for a certificate of necessity. The enforcement
officer shall give written notice of a hearing on said application
to the applicant for such certificate and to the person empowered
to grant access by certified or registered mail, return receipt requested.
At least 10 days' notice of such hearing shall be given where the
address of the person empowered to grant access is known by the enforcement
officer. If the address of the person empowered to grant access is
not known by the enforcement officer or cannot be ascertained in the
exercise of reasonable diligence, at least 30 days' notice of such
hearing shall be given.
[Ord. No. O-00-57 § 13A-58]
On the day fixed for the hearing, the enforcement officer shall
provide opportunity for the person empowered to grant access to state
why such access should not be granted.
[Ord. No. O-00-57 § 13A-59]
If the enforcement officer determines that access through or
across adjoining premises is necessary to accomplish or complete repairs
or improvements for compliance with this Code, then the enforcement
officer shall issue a certificate of necessity granting and ordering
access and setting forth therein the person or persons to whom the
certificate shall apply, such conditions as shall be necessary to
protect adjoining premises, reasonable time limits during which such
certificate shall be in effect, precautions to be taken to avoid damage,
and when the enforcement officer deems appropriate, the procurement
of a bond at the expense of the person seeking access to secure the
adjoining property owner against damage to person or property arising
out of such right of access. In setting the amount for a bond, the
enforcement officer shall take into consideration the extent, nature
and duration of the repairs and improvements, the proximity thereof
to the premises over which access has been sought and the potential
risk of damage thereto. Said bond, if required, shall be filed with
the enforcement officer.
[Ord. No. O-00-57 § 13A-60]
Any refusal to comply with a certificate issued hereunder or
any interference with the purpose for which a certificate is issued
shall be a violation of this Code and, in addition to the penalties
provided hereunder, the enforcement officer may, upon affidavit, setting
forth the facts, apply to a court of competent jurisdiction for a
warrant authorizing access.
[Ord. No. O-00-57 § 13A-61; Ord. No. O-07-33 § 1; Ord. No. O-09-07]
Any person who shall fail to correct a notice of violation within
the time required or violates a final order under the provisions of
this Code or refuses to comply with a certificate of necessity, shall
be served a summons for violation of this Code, and shall, upon conviction
in municipal court, be punished by a fine not less than $100 for a
first offense and not less than $200 for a subsequent offense, not
to exceed $1,250. Each day that such violation continues shall be
considered a separate offense.
[Ord. No. O-00-57 § 13A-62]
The cost of the filing of legal papers, expert witnesses fees,
search fees, publications and advertising charges incurred in the
course of any proceeding under this Code, or costs for repairs, alterations
or improvements to a structure, or the costs of vacating a structure
authorized under this Code, incurred by the City, shall be a lien
against the real property with respect to which such costs were incurred.
The enforcement officer shall certify the costs thereof to the tax
assessor, who shall cause the costs to be charged against said real
property. The amount so charged shall forthwith be added to the property
taxes next to be assessed and levied upon such real property, the
same to bear interest at the same rate as property taxes, and shall
be collected and enforced by the City and in the same manner as property
taxes.
[Ord. No. O-14-37]
For the purposes of this section only, the terms "solicitation"
or "solicit" shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include, but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collection of money or other thing of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
[Ord. No. O-14-37]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation clothing bin within
the City of Bayonne, for solicitation purposes, without obtaining
a permit from the Municipal Clerk, which is approved by the Municipal
Council of the City of Bayonne. Permits are renewable on an annual
basis during the month of January.
[Ord. No. O-14-37]
The annual permit fee is $100 per bin and will be used to offset
the costs involved in enforcing this section. However there will be
no permit fee due from nonprofit entities who provide to the City
of Bayonne sufficient proofs to show that they are a Section 501(c)
not-for-profit entity, under which circumstances the permit fee will
be waived.
[Ord. No. O-14-37]
The application for obtaining a permit shall include:
a.
The location where the bin would be situated, as precisely as possible;
b.
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
c.
The name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected via the bin, at which such person can be reached during
normal business hours. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
d.
Written consent from the property owner to place the bin on his property.
[Ord. No. O-14-37]
In addition to the above application requirements, renewal application
must include:
a.
A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collected via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal;
b.
The name and telephone number of the bona fide office of any entity
which shared or profited from any clothing or other donations collected
via the bin, and of any entities which may do so during the period
covered by the renewal; and
c.
If the location of the bin is to be moved, the new location where
the bin is to be situated, as precisely as possible and written consent
from the property owner of the new location.
[Ord. No. O-14-37]
The City of Bayonne shall not grant an application for a permit
to place, use, or employ a donation clothing bin if it determines
that the placement of the bin could constitute a safety hazard. Such
hazards shall include, but not be limited to, the placement of a donation
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases; or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person placing, using or employing a donation clothing bin shall
maintain the bin and the area surrounding the bin such that there
shall be no accumulation of clothing or other donations outside the
bin. No bins shall be located on a residential property within the
City of Bayonne, but rather shall be exclusively located within commercial,
retail or industrial properties within the City of Bayonne.
[Ord. No. O-14-37]
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
a.
The permit number and its date of expiration;
b.
The name and address of the registered person who owns the bin, and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
c.
The telephone number of the owner's bona fide office, and, if applicable,
the telephone number of the bona fide office of any other entity which
may share or profit from any clothing or other donations collected
via the bin. For the purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office;
d.
In cases when any entity other than the person who owns the bin may
share or profit from any clothing or other donations collected via
the bin, a notice, written in a clear and easily understandable manner,
indicating that clothing or other donations collected via the bin,
their proceeds, or both, may be shared, or given entirely to, an entity
other than the person who owns the bin, and identifying all such entities
which may share or profit from such donations; and
e.
A statement, consistent with the information provided to the City
of Bayonne in the most recent permit or renewal application, indicating
the manner in which the owner anticipates any clothing, or other donations
collected via the bin would be used, sold, or dispersed, and the method
by which the proceeds of collected donations would be allocated or
spent.
[Ord. No. O-14-37]
a.
The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Zoning Officer that a person has engaged in, or is engaging
in any act or practice in violation of this section, the person who
placed the bin shall be issued a warning, stating that if the violation
is not rectified or a hearing with the Municipal Council of the City
of Bayonne is not requested within 45 days, the bin will be seized
or removed at the expense of the person who placed the bin, and any
clothing or other donations collected via the bin will be sold at
public auction or otherwise disposed of. In addition to any other
means used to notify the person who placed the bin, such warning shall
be affixed to the exterior of the bin itself; and
b.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the City of Bayonne may seize the bin, remove it, or
have it removed, at the expense of the person who placed the bin,
and sell at public auction or otherwise dispose of any clothing or
other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the City of
Bayonne via the Chief Financial Officer of the City.
[Ord. No. O-14-37]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of this
section or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60,
et seq.) which results in seizure of the donation clothing bin shall
be:
a.
Subject to a penalty of up to $2,000 for each violation. The City
of Bayonne may bring this action in the Bayonne Municipal Court or
the Superior Court of New Jersey as a summary proceeding under the
Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10
et seq.), and any penalty monies collected shall be paid to the Chief
Financial Officer of the City; and
b.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this section and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing,
using, or employing a donation clothing bin by violating the provisions
of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the
City of Bayonne to have that person's eligibility restored. The Municipal
Council of the City of Bayonne may restore the eligibility of a person
who:
