[Adopted 7-20-1953 (Ch. 15 of the 1966 Code); amended in its entirety 7-16-2019 by Ord. No. 2019-10]
A.
Title. This article shall be known as the "Nonresidential Property
Code."
B.
Policy. It is hereby found and declared that there exist in the Borough
of Raritan structures used for nonresidential use which are or may
become in the future substandard with respect to structure or maintenance,
and further that such conditions, including but not limited to structural
deterioration and lack of maintenance, constitute a menace to health,
safety, welfare and reasonable comfort of the residents of the Borough
of Raritan. It is further found and declared that, by reason of lack
of maintenance and progressive deterioration, certain properties have
the further effect of creating blighting conditions, and that if the
same are not curtailed and removed, the aforesaid conditions will
grow and spread and will necessitate in time the expenditure of large
amounts of public funds to correct and eliminate the same, and that
by reason of timely regulations and restrictions as herein contained,
the growth of blight might be prevented and the neighborhood and property
values thereby maintained, the desirability and amenities of nonresidential
use and neighborhood enhanced, and the public health, safety and welfare
protected and fostered.
C.
Purpose. The purpose of this article is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of nonresidential property;
to fix certain responsibilities and duties upon owners, operators
and occupants; to authorize and establish procedures for the inspection
of nonresidential property; to establish procedures for implementing
the requirements of this article; and to fix penalties for the violations
of this article.
Every nonresidential building and the property on which it is
situated shall comply with the provisions of this article, whether
or not such building shall have been constructed, altered or repaired
before or after enactment of this article.
Every nonresidential or mixed occupancy building and the premises
on which it is situated, used or intended to be used for dwelling,
commercial, business or industrial occupancy, shall comply with the
provisions of this Code, whether or not such building shall have been
constructed, altered or repaired before or after the enactment of
this Code, and irrespective of any permits or licenses which shall
have been issued for the use or occupancy of the building or premises,
for the construction or repair of the building, or for the installation
or repair of equipment or facilities prior to the effective date of
this Code.
As used in this article, unless a different meaning is evident,
the following terms shall have the meanings indicated:
The condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
wear.
Any room or any part thereof located within a building and
forming a single habitable unit with facilities which are used, or
designed to be used for living, sleeping, cooking and eating.
Any premises, or part thereof, which may be lawfully viewed
by the public, or any member thereof, from a sidewalk, street, alleyway,
parking lot or from any adjoining or neighborhood premises.
Any part of the premises not occupied by any building thereof;
any open space on the outside of any building; or any part of any
building which is exposed to the elements.
The control and elimination of insects, rodents, bats, birds,
pigeons, and vermin by eliminating their harborage places; or by removing
or making inaccessible material that may serve as their food; or by
poisoning, spraying, fumigating, trapping or any other approved means
of pest elimination.
All putrescible and nonputrescible wastes, including but
not limited to garbage, rubbish, refuse, ashes, street cleaning material,
dead animals, abandoned automobiles, and industrial waste.
A rented room or group of rooms, containing no cooking facilities,
used for living purposes by a separate family or group of person living
together or by a person living alone, within a building.
Any building containing one or more dwelling units or lodging
units and also having a portion thereof devoted to nonresidential
uses.
Nonresidential in whole or part.
Any person or persons, including the owner, in actual possession
of, and using an entire building or any occupancy unit in a building.
Any person who has charge, care or control of nonresidential
property or any possessory interest by way of lease or otherwise,
including but not limited to an agent of the owner; a fiduciary of
any kind of an estate; and a mortgagee in possession, regardless of
how such possession was obtained. Any person who has any interest
in property by sublease or assignment shall be deemed to be a co-operator
with the lessee and shall have joint responsibility over the portion
of the property sublet or assigned.
The holder or holders of the title to premises in fee simple.
The same as defined in N.J.S.A. 1:1-2.
The person or persons designated by the Borough Council to
enforce this article.
Property or any part thereof, or a building or any part thereof,
which may be lawfully viewed by the public or any member thereof.
Combustible or noncombustible wastes such as paper, wrappings,
cigarettes, cardboard, cans, yard clippings, leaves, wood, glass,
bedding, crockery and similar materials. See also "garbage."
A.
Duties of owners and operators. Owners and operators shall have the
duties and responsibilities prescribed herein, and no owner shall
be relieved from such duties or responsibilities nor entitled to defend
against any charge of violation threat by reason of the fact that
the other of them or the occupant is also responsible therefor and
in violation thereof.
B.
Duties of occupants. Occupants shall have the duties and responsibilities prescribed by §§ 262-8.1, 262-8.2 and 262-8.3 hereof and occupants shall not be relieved of any such duties or responsibilities nor be entitled to defend against any charge of violation threat by reason of the fact that the owner or operator or both is or are also responsible therefor and in violation thereof.
The exterior of the premises shall be kept free of litter (including
without limiting the generality of the foregoing, discarded, windblown,
deposited, dropped or strewn paper, wrappings, cardboard, bottles,
cans, and boxed) and all nuisances and hazards to the safety of tenants,
occupants, pedestrians and other persons having access to the premises,
and free of unsanitary conditions. Any of the foregoing shall be promptly
removed and abated. The words "hazards" shall include but is not limited
to the following:
A.
Refuse: Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, rubbish, refuse and debris of any description.
B.
Natural growth: Dead and dying trees and other natural growth which,
by reason of rotting or deteriorating conditions or storm damage,
are or may be dangerous to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions.
C.
Overhangs: Loose, overhanging and projecting objects or accumulations
of ice and snow which by reason of location above ground level constitute
dangers to persons in the vicinity thereof.
D.
Ground, surface and unsanitary conditions: Holes, excavations, breaks,
projections, obstructions and excretion of pets or other animals on
paths, sidewalks, walks, driveways, parking lots and parking areas,
and other parts of the exterior of the premises which are accessible
to and used by persons having access to such premises.
E.
Recurring accumulation of stormwater: Adequate run-off drains shall
be provided and maintained in accordance with Borough ordinances to
eliminate any such recurrent or excessive accumulation of stormwater.
Leaders and gutters shall be maintained in good condition and capable
of performing their functions.
F.
Sources of infestation.
G.
Foundation walls which are not structurally sound, free from defects
and damage, or capable of bearing imposed loads safely.
H.
Chimneys, flues and vent attachments thereto which are not structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed and constructed.
Chimneys, flues, gas vents and other draft producing equipment shall
provide sufficient draft to develop the rated outputs of the connected
equipment, shall be structurally safe, durable, smoke tight, and capable
of withstanding the action of the flue gases.
I.
Exterior porches, landings, balconies, stairs and fire escapes which
are not provided with properly designed and structurally sound bannisters
or, railings or which are not kept in good repair, well painted or
otherwise provided with a protective treatment to prevent deterioration,
and free from defects.
The exterior of the premises shall be maintained so that the
appearance thereof shall reflect a level of maintenance in keeping
with the standards of the neighborhood or such higher standards as
may be adopted by the Borough of Raritan and such that the appearance
thereof shall not constitute a blighting effect upon neighboring properties
nor an element leading to progressive deterioration and downgrading
of neighboring properties with an accompanying diminution of property
values including the following:
A.
Landscaping: Where exposed to public view the landscaping of premises
shall be maintained in an orderly state with lawns and bushes trimmed
and free from becoming overgrown, littered and unsightly where such
would constitute a blighting effect, depreciating adjoining and near
property. Open areas shall be graded evenly to eliminate holes, depressions,
gullies, mounds, accumulations of debris, excavated material or other
unsightly or unsafe condition.
B.
Signs and billboards. All permanent signs and billboards exposed
to public view shall be maintained in good repair. Any sign or billboard
which has weathered excessively or peeled or cracked shall, with the
supporting members, be removed forthwith or put into a state of good
repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supporting members, be removed forthwith.
C.
Windows and window display areas. All windows exposed to public view
shall be kept clean and free of marks and foreign substances. Except
when necessary in the course of changing displays, no storage of materials,
stock or inventory shall be permitted in window display areas ordinarily
exposed to public view unless such areas are first screened by drapes,
venetian blinds, or other means of making the windows nontransparent.
All screening of interiors shall be maintained in a clean and attractive
manner and in good state of repair.
D.
Repair and painting of exteriors of buildings: All storefronts and
the exteriors of all buildings shall be kept in good repair, painted
where required or otherwise provided with protective treatment sufficient
to prevent deterioration and shall not constitute a safety hazard
or nuisance. In the event repairs to the storefront become necessary,
such repairs shall be made in harmony with the original design with
the same materials or materials of appearance similar to those used
in the construction of the storefront in such a manner as to permanently
repair the damages area or areas.
E.
Signs or advertisements; removal: Except for "for rent" signs, any
temporary sign or other advertising material glued or otherwise attached
to a window or otherwise exposed to public view shall be removed at
the expiration of the event or sale for which it was erected or posted;
or within 60 days after it was erected or posted, whichever shall
have occurred sooner.
(1)
Except during the course of repairs or alterations, not more
than 33 1/3% of the square footage of any single window or single
window display area shall be devoted to temporary signs or other advertising
material attached thereto or otherwise exposed to public view.
F.
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
be so maintained as to not constitute a nuisance or a safety hazard.
In the event any such awning or marquee is not properly maintained
in accordance with the foregoing, it shall, together with its supporting
members, be removed forthwith. In the event any such awning or marquee
is made of cloth, plastic or of similar materials, the materials,
where exposed to public view, shall be maintained in good condition
and shall not show evidence of excessive weathering, discoloration,
ripping, tearing, or other deterioration. Nothing herein shall be
construed to authorize any encroachment of an awning, marquee or its
accompanying structural members on streets, sidewalks, or other parts
of the public domain.
G.
Scaffolding: No temporary painting or scaffold or other temporary
equipment used for construction, repair or maintenance shall be permitted
to remain in place beyond a period of 90 days after erection or replacement
thereof without permission of the Code Enforcement Officer.
The roof of every building shall be maintained water-tight and
the exterior of every building, including gutters and leaders, shall
be maintained in good repair, and all exterior surfaces thereof shall
be kept painted or otherwise provided with a protective treatment
where necessary for purposes of preservation and appearance. All exterior
surfaces thereof shall be maintained free from broken glass, loose
shingles or siding, crumbling masonry, excessively peeling paint or
other condition reflective of deterioration or inadequate maintenance
to the end that the building itself may be preserved, safety and fire
hazards eliminated, and adjoining properties and the neighborhood
protected from blighting influences.
A.
Owners and operators shall have all the duties and responsibilities
as prescribed in this article. No owner or operator shall be relieved
from any such duty or responsibility because an occupant is also responsible
therefor.
B.
Occupants shall have all the duties and responsibilities as prescribed
in this article. No occupant shall be relieved from any such duty
or responsibility because an owner or operator is also responsible
therefor.
C.
The respective obligations and responsibilities of owners and operators
and occupants as prescribed in this article shall not be affected
by any agreement or contract by and between them or with other parties.
A.
The provisions of this code shall be enforced by the Property Maintenance
Officer.
B.
Inspection of property. All nonresidential property shall be subject
to inspection by the Zoning Officer or the Property Maintenance Officer.
Those officials are hereby authorized to enter, examine and survey
all nonresidential property. Owners, operators and occupants shall
give those officials free access to nonresidential property for the
purpose of such inspection when requested.
C.
Whenever the Zoning Officer or Property Maintenance Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this Article, or of any rule or regulation
adopted pursuant thereto, it shall give notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided.
Such notice shall be put in writing; include a statement of the reasons
why it is being issued; allow a minimum of five days for correction
of the violation, thereafter, if the violation has not been corrected,
the Zoning Officer or Property Maintenance Officer is authorized,
at its option, to go to the Municipal Court for compliance or send
a second notice, if the violation is not corrected at the end of the
second notice time period, the Zoning Officer or Property Maintenance
Officer may go to the Municipal Court for compliance, unless weather
conditions will not allow for compliance.
D.
A violation that is recurring justifies imposition of an immediate
fine without the necessity for additional notice or interval in which
correction can be made. A violation shall be deemed to be a recurring
violation not requiring written notice or additional time for abatement
if a violation occurs within two years from the date that a previous
notice was served and the violation, premises and responsible party
are substantially the same.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this article, or of any rule
or regulation adopted pursuant thereto may seek relief therefrom in
any Court of competent jurisdiction, as provided by the laws of this
state.
The Board of Health and its agents shall continue to have enforcement
authority over any violations of applicable laws, Codes, rules or
regulations, either independently of the Office of Code Administration
or in cooperation with it.
A.
Any person who violates any of the provisions of this article shall,
upon conviction thereof, be penalized by one or more of the following:
a fine of not less than $100 and not more than $2,000; imprisonment
in the county jail for not more than 90 days; community service for
not more than 90 days.
B.
Each twenty-four-hour period during which a violation exists shall
constitute a separate and distinct offense.
C.
Any person who is convicted of violating the provisions of this article
within one year of the date of a previous violation shall be sentenced
by a court to an additional fine as a repeat offender. The additional
fine for a repeated offense shall not be less than $100 and not more
than $2,000, but shall be calculated separately from the fine imposed
for the new violation.
In any case where the provisions of this article impose a more
restrictive standard than that set forth in any other ordinance or
law, then the standards as set forth herein shall prevail, but if
the provisions of this article impose a less restrictive standard
than any other ordinance or law, then the more restrictive standard
contained in such other ordinance or law shall prevail.
