[Ord. #730, § 1]
A certain document, three copies of which are on file in the
office of the Borough Clerk, being marked and designated as the BOCA
National Existing Structures Code/1987: as published by the Building
Officials & Code Administrators International, Inc. (BOCA) is
hereby adopted as the property maintenance code of the Borough of
Brielle, for the control of buildings and structures as herein provided;
and each and all of the regulations of the BOCA National Existing
Structures Code/1987 are hereby referred to, adopted and made a part
hereof as if fully set out in this chapter.
[Ord. #730, § 1]
To the extent any section or sections of the said BOCA National
Existing Structures Code/1987 are hereinafter deleted, modified, amended
or supplemental, the deletions, modifications, amendments or supplements
shall take precedence over the provisions of the BOCA National Existing
Structures Code/1987.
[Ord. #730, § 1]
Nothing in this chapter or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
impending in court, or any rights acquitted, or liability incurred,
or any cause or causes of action acquired or existing under any act
or ordinance hereby repealed as cited in the foregoing section of
this section; nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this section.
[Ord. #578; § 44A-1]
It is hereby found and declared that there may exist in the
Borough structures used for non-residential purposes which are, or
may become in the future, substandard with respect to structure, equipment
or maintenance; or further that such conditions including but not
limited to structural deterioration, lack of maintenance and appearance
of exterior of premises, infestation, lack of essential heating, plumbing,
storage or refrigeration equipment, lack of maintenance or upkeep
of essential utilities and facilities, inadequate provisions for light
and air, unsanitary conditions and overcrowding, constitute a menace
to the health, safety, morals, welfare and reasonable comfort of the
citizens and inhabitants of the Borough.
[Ord. #578; § 44A-2]
The purpose of this section is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance, condition and occupancy of non-residential
premises; to establish minimum standards governing utilities, facilities
and other physical components and conditions essential to make the
aforesaid facilities fit for human habitation, occupancy and use;
to fix certain responsibilities and duties upon owners and operators,
and distinct and separate responsibilities and duties upon occupants;
to authorize and establish procedures for the inspection of premises;
to fix penalties for the violations of this section; and to provide
for the repair, demolition or vacation of premises unfit for occupancy
or use. This section is hereby declared to be remedial and essential
for the public's interest and it is intended that this section be
liberally construed to effectuate the purposes as stated herein.
[Ord. #578; § 44A-3]
As used in this section:
Shall mean a structure the use of which is incidental to
that of the main building and which is attached thereto or located
on the same premises.
Shall mean a building or buildings or any part thereof, and
the lot or tract of land upon which the building or buildings are
situated where commercial activity of any kind takes place. Commercial
activity shall include but is not limited to, gasoline service stations;
stores for retail sales; liquor stores, taverns and inns; restaurants,
including but not limited to drive-in restaurants, snack bars, hot
dog, hamburger or ice cream stands; professional activities, including
but not limited to, medical, dental, legal, architectural, accounting;
personal services, including but not limited to, real estate, insurance,
barber shops, hair dressers, repair shops of all kinds; and amusements,
including but not limited to, movies, skating rinks, bowling alleys;
whether part of a shopping area or not. Commercial activity shall
not include sale of agricultural products produced on the premises.
Shall mean the condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Shall mean those portions of a building which are exposed
to public view and the open space of any premises outside of any building
erected thereon.
Shall mean any condition man-made or natural which affords
a breeding place or hiding place for rodents, insects or other pests.
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard.
Shall mean any common law nuisance or as provided by the
laws of the State of New Jersey of the Ordinance of the Borough.
Any attractive nuisance which may prove detrimental to the
health or safety of children whether in a building or upon a lot.
This includes but is not limited to, any structurally unsound fences
or structure, lumber, trash, fences, debris or vegetation such as
poison ivy, poison oak or poison sumac, which may prove a hazard for
inquisitive minors.
Abandoned vehicles, trailers, carts, wagons, vessels or other
things. Any vehicle, trailer, cart, wagon, vessel or other thing which
is inoperable, physically or by operation of law, or which remains
outside in an unfenced area of premises which are not used or maintained
for the sale of motor vehicles, trailers, campers or boats.
Any physical condition dangerous to human life or detrimental
to the health of persons on or near the premises where the condition
exists. This includes, but is not limited to; harborage as defined
above, existence or presence of any water or other liquid in which
mosquito larvas breed or exist, any deposit or accumulation of trash,
litter, garbage, refuse, debris, or any organic or inorganic matter
which may attract flies and to which flies may have access or in which
fly larvae or pulpae breed or exist, the existence, presence or maintenance
of any brush, weeds, dead and dying trees, stumps, roots, limbs, obnoxious
growth, filth, garbage, trash, refuse, and debris which is or may
become a fire hazard or otherwise detrimental to the health, safety
and welfare of persons, the existence or presence of any ragweed,
poison ivy, poison sumac or other noxious growth of any kind, the
presence, existence or maintenance of any holes, excavations, breaks,
projections, obstructions, accumulations of ice, snow or water, and
excretion of pets and other animals on paths, walks, driveways, parking
lots and other parts of the exterior of the premises which are intended
for use by persons or which are accessible to and likely to be used
by such persons.
The escape into open air from any stack, vent, chimney or
any other entrance to the open air of such quantities of smoke, fly
ash, dust, fumes, vapors, mists or gases which endanger or interfere
with the health, safety and general welfare of persons, or the creation
of excessive and noxious amounts of dust.
Any act or maintenance of any condition which causes or threatens
pollution, as defined by the laws of the State of New Jersey, of any
waters in this Borough in such a manner as to endanger the health,
safety or general welfare of persons upon any premises within this
borough.
Unsanitary conditions of anything unreasonably offensive
to the senses or dangerous to health, in violation of this code.
Whatever renders air, water, food or drink unwholesome or
detrimental to the health of human beings.
Shall mean any person having actual possession of the premises
or any part thereof.
Shall mean any person who has charge, care or control of
a premises, or any part thereof, whether with or without the knowledge
and consent of the owner.
Shall mean any person who, alone or jointly or severally
with others shall have legal or equitable title to any premises, with
or without accompanying actual possession thereof; or shall have charge,
care or control of any premises as owner or agent of the owner, or
as fiduciary, including but not limited to, executor, executrix, administrator,
administratrix, trustee, receiver, or guardian of the estate, or as
mortgagee in possession regardless of how such possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any premises shall be deemed to be a co-owner with the lessor and
shall have joint responsibility over the portion of the premises subject
or assigned by said lessee.
Shall mean all of the following supplies, facilities and
equipment; gas pipes, garbage disposal units, waste pipes, gas-burning
equipment, water pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes washing machines,
catch basins, vents and any other similar supplied fixtures, together
with all connections to water, sewer and gas lines and water pipes
and lines utilized in conjunction with air-conditioning equipment.
Shall mean a lot, plot or parcel of land including the buildings
or structures thereon.
Shall mean an enclosed space containing one or more toilets
and one or more lavatories or fixture serving similar purposes.
Shall mean all combustible and non-combustible waste materials,
except garbage; and the term shall include, but not be limited to,
the residue from the burning of wood, coal, coke, and other combustible
material, paper, rags, tin cans, metals, mineral matter, glass crockery,
abandoned automobiles and dust.
Shall mean any combination of any materials, whether fixed
or portable, forming a construction, including buildings.
Shall mean supply and removal of air to and from any space
by natural or mechanical means.
Shall mean ventilation by power-driven devices.
Shall mean ventilation by opening to outer air through windows,
skylights, doors, louvers, or stacks with or without wind-driven devices.
[Ord. #578; § 44A-4]
Every building and the premises on which it is situated shall comply with the provisions of this section, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this section, 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 section. This subsection establishes minimum standards for the initial and continued occupancy and use of all such buildings, and does not replace or modify standards, otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in subsection 12-2.5.
[Ord. #578; § 44A-5]
In any case where the provisions of this section impose a higher
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 section impose a lower standard than any other ordinance or
law, then the higher standard contained in such other ordinance or
law, shall prevail.
[Ord. #578; § 44A-6]
No license or permit or other certification of compliance with
this section shall constitute a defense to any violation of any other
ordinance of the borough applicable to any structure or premises,
nor shall any provision herein relieve any owner, operator or occupant
from complying with any such other provision, nor any official of
the Borough from enforcing any such other provision.
[Ord. #578; 1972 Code § 44A-7]
a.
Owners and operators shall have all the duties and responsibilities as prescribed in subsection 12-2.8 and the regulations promulgated pursuant thereto and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reasons of the fact that the occupant is also responsible therefor and in violation thereof.
b.
Occupants shall have all the duties and responsibilities as prescribed in subsection 12-2.9 and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner is also responsible therefor and in violation thereof.
c.
Unless expressly provided to the contrary in this section, the respective
obligations and responsibilities of the owner and operator on one
hand, and the occupant on the other, shall not be altered or affected
by any agreement or contract by and between any of the aforesaid or
between them and other parties.
[Ord. #578; 1972 Code § 44A-8]
The following duties and responsibilities are hereby imposed
upon every owner and operator of any building covered by the provisions
of this section:
a.
The exterior of the premises and all structures thereon shall be
kept free of all nuisances, and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises, and free of
unsanitary conditions, and any of the foregoing shall be promptly
removed and abated by the owner or operator. The items prohibited
hereby shall include but not be limited to: brush, weeds, broken glass,
stump roots, obnoxious growths, filth, garbage, trash, refuse, debris,
dead and dying trees and limbs or other natural growth, loose and
overhanging objects, and ground surface hazards.
b.
Foundation walls shall be kept structurally sound, free from defects
and damage, and capable of bearing imposed loads safely.
c.
Chimneys and all flue and vent attachments thereto shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed. Chimneys,
flues, gas vents or other draft producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment,
shall be structurally safe, durable, smoke-tight, and capable of withstanding
the action of flue gases.
d.
Exterior porches, landings, balconies, stairs, and fire escapes shall
be provided with bannisters or railings properly designed and maintained
to minimize the hazard of fallings, and the same shall be kept structurally
sound, in good repair, and free from defects.
e.
The exterior of the premises 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 standard of the borough.
f.
Premises shall be kept landscaped and lawns, hedges and bushes shall
be kept trimmed, and properly maintained.
g.
All display windows or store fronts constructed of plate glass shall
be kept clean and free of cracks, and no storage shall be permitted
therein. Broken or cracked windows must be replaced within five days
unless broken glass constitutes a safety hazard.
h.
All store fronts shall be kept in good repair, painted where required,
and shall not constitute a safety hazard or nuisance. In the event
repairs to a store front become necessary, such repairs shall be made
with the same or similar materials used in the construction of the
store front in a manner to maintain the appearance in accordance with
the standards of the borough.
i.
All permanent signs and billboards exposed to public view, permitted
by reason of other ordinances or as a lawful nonconforming use, shall
be maintained in good repair. Any signs which have excessively weathered
or faded or those upon which the paint has excessively peeled or cracked
shall, with their supporting members, be removed forth with or put
into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
j.
Any awnings or marquees 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
maintained in accordance with the foregoing, they shall together with
their supporting members, be removed forthwith. In the event the awnings,
or marquees are made of cloth, plastic, or of similar materials, this
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.
k.
The exterior of every structure or accessory structure shall be kept
in good repair and kept painted where necessary for purposes of preservation
and appearance. All surfaces shall be maintained free of broken glass,
loose shingles, crumbling stone or brick, peeling paint or other condition
reflective of deterioration or inadequate maintenance.
l.
Restrooms shall be surfaced with waterproof floors and shall be kept
dry, clean and sanitary at all times. Sufficient restrooms shall be
installed and maintained commensurate with the use of the premises.
Every restroom shall be provided with a permanently installed artificial
lighting fixture, and wall switch in accordance with the National
Electric Code of 1970.
m.
All premises shall be properly connected to and provided with electric
power. All such connections and electrical equipment shall be installed
and maintained in conformity with the provisions of the National Electrical
Code of 1970 and other applicable ordinances.
n.
Maximum fuse sizes consistent with safety shall be posted conspicuously,
and no fuse shall be installed in a fuse box in excess of the stated
maximum except that owners and operators shall not be responsible
for violation in fuse installations without their knowledge where
the correct maximum is stated and the fuse box is located within any
part of the premises which is in the exclusive possession of occupants
other than the owner, in which case such occupant shall be responsible
for such violations.
[Added 3-13-2023 by Ord. No. 1126]
In the event that a detention or retention facility represents
a clear and present danger to public safety or public health, or if
said basin is in need of maintenance, the municipality shall notify
the responsible party by certified letter. The recipient shall have
14 days to effect such maintenance and repair as required of said
basin in a manner that is approved by the Borough Engineer or his
designee. Should the responsible person fail or refuse to perform
such maintenance or repair, the Borough may affect the necessary work
and the cost thereof shall be charged to the responsible person and
become a lien on the property.
[Ord. #578; 1972 Code § 44A-9]
The following duties and responsibilities are hereby imposed
upon every occupant of any building covered by the provisions of this
section:
a.
Upon discovery by an occupant of any condition of the premises which
constitutes a violation of the provisions of this chapter, the occupant
shall report the same to the Code Enforcement Officer.
b.
All parts of the premises under the control of the occupant shall
be kept in a clean and sanitary condition.
c.
Storage bins, rooms and areas shall not be used for the accumulation
of garbage or refuse.
d.
Every occupant shall be responsible for the elimination of infestation
in and on the premises subject to his control.
e.
No occupant shall install electrical fuses in a fuse box in excess
of the posted limit.
f.
Each occupant shall be responsible for the elimination and removal
of trash and garbage from premises under his control.
[Ord. #338; 1972 Code § 44-15]
Whenever a complaint or petition is filed with the Code Enforcement
Officer by the Borough Council or by at least 10 residents of the
Borough that any nonresidential structure is unfit for occupancy or
use, as herein defined, he shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such structure a complaint
stating the charges in that respect and containing a notice that hearing
will be held before the Code Enforcement Officer (or his designated
agent) at a place therein fixed, not less than 10 days nor more than
30 days after the serving of complaint; that the owner and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person or otherwise and give testimony at the time
and place fixed in the complaint; and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Code Enforcement Officer.
[Ord. #388; 1972 Code § 44-16]
If after such notice and hearing the Code Enforcement Officer
determines that the structure under consideration is unfit, as herein
defined, he shall state in writing his findings of fact in support
of such determination and shall issue and cause to be served upon
the owner thereof and parties in interest in an order requiring:
a.
The repair, alteration or improvement of the structure to be made
by the owner within a reasonable time, which time shall be set forth
in the order, or, at the option of the owner, to vacate or to have
said structure vacated and closed within the time set forth in the
order; and
b.
If the structure is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the said structure within the time
specified in the order, that the owner remove or demolish the structure
within a reasonable time as specified in the said order of removal.
c.
That, if the owner fails to comply with an order to repair, alter
or improve, or, at the option of the owner, to vacate and close the
structure, the Code Enforcement Officer may cause such structure to
be repaired, altered or improved, or to be vacated and closed; that
the Code Enforcement Officer may cause to be posted on the main entrance
of any structure so closed, a placard with the following words: "This
structure is unfit for occupancy or use; the use or occupation of
this structure is prohibited and unlawful."
d.
That, if the owner fails to comply with in order to remove or demolish
the structure, the Code Enforcement Officer may cause such structure
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement for and receipt of bids therefor.
e.
That the amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges incurred in the course of any proceeding
taken under this section determined in favor of the municipality,
and
2.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such structure or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
structure is removed or demolished by the Code Enforcement Officer,
he shall sell the materials of such structure. There shall be credited
against the cost of the removal or demolition thereof, the proceeds
of any sale of such materials or any sum derived from any contract
for the removal or demolition of the structure. If there are no such
credits or if the sum total of such costs exceeds the total of such
credits, a detailed statement of the aforesaid costs and the amount
so due shall be filed with the Tax Assessor or other custodian of
the records of tax liens and a copy thereof shall be forthwith forwarded
to the owner by registered mail. If the total of the credits exceeds
such costs, the balance remaining shall be deposited in the Superior
Court by the Code Enforcement Officer, shall be secured in such manner
as may be directed by such Court, and shall be disbursed according
to the order or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such Court; provided, however,
that nothing in this section shall be construed to impair or omit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise. Any owner or party in interest may, within 60 days from
the date of the filing of the lien certificate, proceed in a summary
manner in the Superior Court to contest the reasonableness of the
amount or the accuracy of the costs set forth in the municipal lien
certificate.
[Ord. #388; 1972 Code § 44-17]
Complaints or orders issued by the Code Enforcement Officer
pursuant to this section shall be served upon persons either personally
or by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Code Enforcement Officer
in the exercise of reasonable diligence, and the Code Enforcement
Officer shall make an affidavit to that effect, then the serving of
such complaint or order upon such persons may be made by publishing
the same once each week for two successive weeks in a newspaper printed
and published in the county and circulating in the Borough. A copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order, and a copy of
such complaint or order shall be duly recorded or lodged for record
with the Monmouth County Recording Officer.
[Ord. #388; 1972 Code § 44-18]
The Code Enforcement Officer is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purpose and provisions of this section, including
the following in addition to others herein granted:
a.
To investigate the conditions pertaining to nonresidential structures
to determine which structures therein are unfit, as herein defined;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of the officers, agents and employees
as he deems necessary to carry out the purposes of this section; and
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[Ord. #388; 1972 Code § 44-19]
Nothing in this section shall be construed to abrogate or impair
the power of the Borough or any officer or department to enforce any
provisions of its charter or its ordinances or regulations nor to
prevent or punish violations thereof and the powers conferred by this
section shall be in addition and supplemental to the powers conferred
upon the Borough by any other law or ordinance.
