[Ord. 12/28/76; Ord. #71-7; Ord. #74-7; Ord. 4/27/76; Ord.
#77-11; Ord. #78-11; Ord. #86-05; Ord. #88-11; Ord. #89-07; Ord. #90-04;
Ord. #92-04; Ord. #98-09; Ord. #2002-21; Ord. #2003-15; Ord. #2006-13]
All charitable and nonprofit organizations, associations and
corporations shall be exempt from the payment of up to $400 per year
of any and all local fees otherwise required to be paid under this
chapter. Proof of such charitable or nonprofit status shall be provided
to the township along with the applicant's construction permit.
Additionally, no person shall be charged a fee for any construction,
reconstruction, alteration or improvement designed and undertaken
solely to promote accessibility by disabled persons to an existing
public or private structure or any of the facilities contained therein.
No parent or sibling of a disabled person shall be required to pay
a fee in order to secure a construction permit for any construction,
reconstruction, alteration or improvement which promotes accessibility
to his or her own living unit.
This chapter shall take effect on January 1, 1977.
[Ord. #95-03; Ord. #97-08; Ord. #00-10; Ord. #2006-07; Ord.
#2008-10; Ord. #2011-06; amended 9-12-2019 by Ord. No. 2019-09]
This section shall be known as the "Minimum Property Maintenance
Code of the Township of Wantage" and may be referred to in the short
form as the "Property Maintenance Code" or in this section as "this
code."
It is hereby found and declared that there exist in the Township
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance, and
further that such conditions, including but not limited to structural
deterioration, lack of maintenance of exterior premises and vacant
lots, infestation, lack of maintenance or upkeep of essential facilities
and utilities, existence of fire hazards and unsanitary conditions
constitute a menace to the health, safety, welfare, and reasonable
comfort of the citizens and inhabitants of the Township. It is further
found and declared that by reason of lack of maintenance and ensuing
progressive deterioration, certain properties have the further effect
of creating blighting conditions and that, by reason of timely regulations
and restrictions, as herein contained, the growth of this blight may
be prevented and the neighborhood and property values thereby maintained,
the desirability and amenities of dwellings and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance
and condition of the exterior of premises; to avoid, prevent and eliminate
the maintenance of or creation of hazards to the public health or
safety; to avoid, prevent and eliminate conditions which, if permitted
to exist or continue, will depreciate or tend to depreciate the value
of adjacent or surrounding properties; to prevent the creation, continuation,
extension or aggravation of blight; to establish certain responsibilities
and duties upon owners, operators and occupants of properties; and
to provide for administration and enforcement of this section.
Every structure and the premises on which the structure(s) are
situated in the Township used or intended to be used for single- and
multiple-family dwellings, commercial, business or industrial occupancy
shall comply with the provisions of this code and, irrespective of
any permits or licenses, which shall have been issued for the use
or occupancy of the structure or for the installation or repair of
equipment or facilities prior to the effective date of this code.
In any case where the provisions of this code impose a higher
standard than that set forth in any ordinance of the Township or under
the laws of the State of New Jersey, then the standards as set forth
herein shall prevail; but if the provisions of this code impose a
lower standard than any ordinance of the Township or of the laws of
the State of New Jersey, then the higher standard contained in any
such other ordinance or law shall prevail.
Nothing in this section shall be deemed to abolish or limit
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any buildings or structures,
which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this section, be defined as follows:
DETERIORATION
The condition of a structure 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.
ENFORCEMENT OFFICER
The Enforcement Officer in the Township shall be the Construction
Code Official, the Zoning Officer or his/her authorized representative.
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent properties,
including all outside surfaces and appurtenances thereto, and the
open space on the premises outside any building or structure erected
thereon.
EXTERMINATION
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food or by any approved
pest elimination methods.
FIRE HAZARD
Anything or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire, or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
GARBAGE
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
NUISANCE
Any public or private condition that would constitute a "nuisance"
according to the statutes, laws and regulations of the State of New
Jersey, any of its agencies or this code; any physical condition existing
in or on the exterior of any premises, which is potentially dangerous,
detrimental or hazardous to the health or safety of persons on, near
or passing in proximity of the premises where said condition exists.
OCCUPANT
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of the premises of or having
actual possession or use of a business, single- and multiple-family
dwelling unit or other premises affected by this section.
OPERATOR
Any person, persons or entity not the owner, who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity:
a.
Who shall have legal or equitable title in any form whatsoever
to any premises or part thereof, with or without accompanying actual
possession thereof; or
b.
Who shall have charge, care or control of any lot, premises,
building, structure or part thereof, as owner or agent of the owner;
or
c.
As fiduciary, trustee, receiver, guardian, lessee or mortgagee
in possession, regardless of how such possession was obtained;
d.
Any person, group of persons or entity who is a lessee, sublessee
or assignee of a lessee of any part or all of any building, structure
or land shall be deemed to be a co-owner with the lessor for the purposes
of this section and shall have responsibility over that portion of
the premises so sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
RUBBISH
All combustible and noncombustible waste materials other
than garbage; and the term shall include paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and the residue from
burning wood, coal, coke or other combustible material and solid commercial
and industrial waste. No chemicals such as those used in swimming
pools, oil, gasoline or any other chemical which could cause a fire,
explosion or obnoxious gas shall be considered "rubbish."
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this section, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder, nor may any such person or entity assert, as a defense
against any charge made under this section, that another owner, operator
or occupant or any other third person or entity is also responsible
therefor and in violation thereof.
Exterior of premises. The exterior of all premises shall be
kept free from hazards, which include but are not limited to the following:
a. Garbage
and rubbish (as defined in this section): only garbage and rubbish
resulting from the actual use of the premises may be permitted on
the premises.
b. Unsafe
structures: structurally unsafe or unsound buildings, structures or
fences or abandoned, uncovered or structurally unsound wells, shafts,
towers, exterior cellar openings, basement hatchways, foundations
or excavations.
c. Discarded
appliances: abandoned refrigerators, boilers, hot-water heaters, television
sets and other similar major appliances.
d. Natural
growth; lawns and shrubs.
1. Natural
growth. Dead and dying trees and limbs or other natural growth which
by reason of rotting or deteriorating condition or storm damage constitute
a hazard to persons in the vicinity thereof; trees shall be kept pruned
and trimmed to prevent such condition.
2. Lawns
and shrubs: all lawns shall be maintained; all hedges and shrubs shall
be trimmed to a neat appearance.
e. Overhangings:
loose and overhanging objects, whether natural or man-made, and accumulations
of ice and snow, which by reason of location, above ground level constitute
a threat to the health and safety of members of the public if caused
to fall.
f. Ground
surface hazards: hidden or uncovered ground or surface hazards, such
as holes, sudden depressions, excavations, sharp or jagged projections
or obstructions.
g. Recurring
accumulations of stormwater or other sources of water: stagnant surface
or groundwater accumulations which create or are likely to create
breeding areas for mosquitoes and other insects.
h. Infestation:
rodents, vermin, pest infestations, and conditions causing same.
i. Nuisances:
as defined in this section.
j. Inoperable
vehicles: vehicles or parts thereof, including boats and trailers,
motorized or not, regardless of whether licensed or registered, which
vehicles or parts thereof are or have been abandoned, dismantled or
are in a state of visible disrepair.
k. Structural
soundness. Every structure and accessory structure and every part
thereof shall be kept structurally sound and in a state of good repair
to avoid safety, health or fire hazards, including but not limited
to the following:
1. Foundation
walls: inadequate or unsafe foundation walls, piers and columns and
other similarly unsound, damaged or defective load-bearing components
which are incapable of supporting the imposed loads safely at all
points.
2. Exterior
porches, landings, balconies, stairs and fire escapes: structurally
unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe
exterior portions of buildings or structures, including but not limited
to porches, landings, balconies, stairways, handrails, steps, walls,
overhangs, roofs, fences, supporting members, timbers, abutments,
fire escapes, signs and loose, crumbling or falling bricks, stones,
mortar or plaster.
3. Projecting
surfaces: exterior surfaces or parts of buildings or structures containing
sharp, rough or projecting surfaces or objects which might cause injury
to persons coming in contact therewith.
4. Windows,
doors, etc., Broken glass or windows, rotten, missing or substantially
destroyed window frames and sashes, door frames, exterior doors or
other junior exterior component parts of buildings or structures are
prohibited.
5. Exterior
chimneys shall be maintained and kept structurally sound, free from
defects and so maintained as to capably perform, at all times, the
functions for which they were designed.
6. Steps,
walks, driveways and parking lots, parking spaces and similar paved
areas shall be maintained so as to afford safe passage under normal
use and weather conditions. Any holes or other hazards that may exist
shall be filled, and necessary repairs or replacement shall be performed
promptly.
In any case where a provision of this section is found to be
in conflict with or inconsistent with a provision of any other ordinance
which establishes a lower standard for the promotion and protection
of the safety, health and welfare of its inhabitants, the provisions
of this section shall prevail, and such other ordinance or parts thereof
are hereby declared to be repealed to the extent that they may be
so found to be in conflict with this section.
[Ord. #74-2; Reserved by Ord. #95-03]
There is hereby adopted a system of numbering all buildings
and lots of land in the Township of Wantage.
Pursuant thereto, the township tax assessor shall prepare a
system of numbering which shall provide for official numbers to be
assigned for each building and lot of land in the Township of Wantage.
A schedule of the official numbers assigned for each building
and lot on each street in the township shall be filed and kept with
the township clerk and with the tax assessor of the township and said
numbers shall be further placed upon the tax list of the township.
It shall be the duty of every owner of a building to cause to be affixed and displayed on or in front of said building, the street number assigned to said building or lot as indicated in the schedule mentioned in subsection
8-4.1. Such affixed number shall be maintained at all times in compliance with the provisions of this section.
The owner of any newly erected building shall obtain the appropriate assigned and designated number from the township tax assessor and affix and display said number in accordance with the provisions of subsections
8-4.2 and
8-4.3 before a certificate of occupancy may be issued.
No building permit shall be issued until a house number is obtained from the issuing agency and placed in accordance with the provisions of subsections
8-4.2 and
8-4.3.
Any person who violates a provision of this section shall, upon
conviction thereof, be punished by a fine not exceeding $25. A separate
offense shall be deemed committed on each day on which a violation
occurs or continues.
[Added 8-10-2016 by Ord. No. 2016-09]
As used in this section, the following words shall have the
meanings indicated:
CREDITOR
A state-chartered bank, savings bank, savings and loan association
or credit union, any person or entity required to be licensed under
the provisions of the New Jersey Residential Mortgage Act, P.L. 2009,
c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec. 17,
as amended from time to time) and any entity acting on behalf of the
creditor named in the debt obligation including, but not limited to,
servicers.
VACANT AND ABANDONED
Regarding residential property, means consistent with Ssection 1 of P.L. 2012, c.70 (N.J.S.A. 2A:50-73), residential real estate, where a notice of violation has been issued pursuant to §
8-5.5a of this section and Subsection
b of section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s), or property which any condition on its own or combined with other conditions present would lead a reasonable person to believe that the property is or has been vacant for three or more months.
a.
Residential property shall further be deemed vacant and abandoned
where a mortgaged property is not occupied by a mortgagor or tenant.
b.
Such evidence would include, but is not limited to, evidence
of the existence of two or more of the following conditions at the
property:
1.
Overgrown or neglected vegetation;
2.
The accumulation of newspapers, circulars, flyers or mail on
the property;
3.
Disconnected gas, electric, or water utility services to the
property;
4.
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
5.
The accumulation of junk, litter, trash or debris on the property;
6.
The absence of window treatments such as blinds, curtains or
shutters;
7.
The absence of furnishings and personal items;
8.
Statements of neighbors, association management, delivery persons,
or government employees indicating that the residence is vacant and
abandoned;
9.
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
10.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
11.
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
12.
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
13.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
14.
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
15.
Any other reasonable indicia of abandonment.
OWNER
The titleholder, any agent of the titleholder having authority
to act with respect to the vacant property, or any other entity determined
by the Township of Wantage to act with respect to the property.
The initial registration fee for each vacant and abandoned property
under the provisions of this section shall be $500. The fee for the
first annual renewal shall be $1,500, and the fee for the second annual
renewal shall be $3,000. The fee for any subsequent annual renewal
beyond the second renewal shall be $5,000.
The duty of administering and enforcing the provisions of this
section is conferred upon the Municipal Clerk, Construction Official,
Zoning Officer, Housing Officer, Health Officer, and any other duly
appointed representatives.