[Ord. No. O-10-03 § 1]
a.
Title. This Article shall be known as the "International Property
Maintenance Code (2009)."
b.
Findings and Determinations. The City of Bayonne recognizes the need for a standardized, current and modern standard property maintenance code governing the maintenance of existing buildings to amend and supplement the Ordinances of the City of Bayonne Chapter 17, Property Maintenance.
The International Property Maintenance Code (2009), as thereafter
may be amended from time to time, published by International Code
Council (ICC)® is designed to meet
this need through model code regulations that contain specific property
maintenance requirements with the required property improvement provisions.
The International Property Maintenance Code (2009), as thereafter
may be amended from time to time, is founded upon principles intended
to establish provisions consistent with the scope of a property maintenance
code that adequately protects public health, safety and welfare; provisions
that do not unnecessarily increase construction costs, provisions
that do not restrict the use of new materials, products or methods
of construction and provisions that do not give preferential treatment
to particular types of classes of materials, products or methods of
construction;
c.
Adoption by Reference. The provisions of the "International Property
Maintenance Code, 2009 Edition," as it may be amended from time to
time as published by the International Code Council, is hereby adopted
by reference as it fully set forth in this Article. Copies of the
"International Property Maintenance Code, 2009 Edition" have been
filed with the City Clerk and will remain on file in said office.
d.
Combined Property Maintenance Code. The provisions of the "International Property Maintenance Code" and the provisions of the remaining sections of Chapter 17, Property Maintenance are hereby jointly adopted and established as the "Combined Property Maintenance Code" of the City of Bayonne in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Combined Property Maintenance Code on file in the office of the City Clerk of the City of Bayonne are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, described in this Article.
[Ord. No. O-10-03 § 2]
Any provision of the Revised General Ordinances of the City
of Bayonne or parts of ordinances in conflict herewith are hereby
repealed to the extent of such inconsistency.
[Ord. No. O-10-03 § 3]
That is any section, subsection, sentence, clause or phrase
of this Article is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this Article. The City of Bayonne hereby declared that it would have
passed this Article, and each section, subsection, clause or phrase
thereof, irrespective of the fact any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
[Ord. No. O-10-03 § 4]
That nothing in this Article, now commonly referred to as the "Combined Property Maintenance Code" hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection 17-32.3 of this Article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
[Ord. No. O-10-03 § 5]
There if there should be discovered to be any discrepancy or conflict between Chapter 17, "Property Maintenance" of the Revised General Ordinances of the City of Bayonne and the "International Property Maintenance Code" (2009), that the "International Property Maintenance Code" (2009), as thereafter may be amended from time to time, shall supersede such other provisions. However, in the event that the "International Property Maintenance Code" (2009), as thereafter may be amended from time to time, is silent on an issue that is addressed elsewhere in Chapter 17 "Property Maintenance" of the Revised General Ordinances of the City of Bayonne then such other provisions shall control.
[Ord. No. O-10-03 § 6]
That this Article and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
immediately upon final adoption and approval thereof[1] according to law.
[1]
Ordinance No. O-10-03, codified herein, was adopted January
20, 2010.
