Borough of Woodbury Heights, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodbury Heights 8-21-13 as Ord. No. 9-2013. Amendments noted where applicable.]
Editor's Note: Former Chapter 64, Housing Standards, previously codified herein and containing portions of Ordinance No. 8-1988, 12-93, 21-93 and 5-95, was repealed in its entirety by Ordinance No. 9-2013.
This chapter shall be known as the Property Maintenance Code of the Borough of Woodbury Heights and codified as Chapter 64 of the Woodbury Heights Code.
It is hereby found and declared that, by reason of lack of maintenance and progressive deterioration, structures and properties have the effect of creating blighting conditions and initiating slums and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. The further purpose of this Property Maintenance Code is to protect the public health, safety and welfare by establishing minimum standards for the maintenance of such premises; to fix responsibilities and duties upon owners, operators and occupants; to authorize and establish procedures for the inspection of such structures and properties; to fix penalties for the violations of this Property Maintenance Code; and to provide for the right of access to permit repairs when necessary. This Property Maintenance Code is hereby declared to be remedial and essential for the public interest and welfare and it is intended that this Property Maintenance Code be liberally construed to effectuate the purposes stated herein.
[Amended 3-18-15 by Ord. No. 3-2015]
A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Woodbury Heights, being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Woodbury Heights, County of Gloucester, 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 therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Woodbury Heights are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.
[Amended 3-18-15 by Ord. No. 3-2015]
The following sections are hereby revised:
Section 101.1. Title. These regulations shall be known as the Property Maintenance Code of the Borough of Woodbury Heights, hereinafter referred to as "This code".
Section 103.5. Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. Fees include: application, inspection and one re-inspection.
Fees. For all those inspections conducted by the Agency in connection with the sale or rental of a single family dwelling, including condominiums and townhouses, the fee shall be $75 per unit and $50 per unit for re-inspection. For inspections conducted in connection with rental units in an apartment complex, the fee shall be $75 per unit and $50 per unit for re-inspection.
1.
For inspection conducted in connection with a Continued Certificate of Occupancy of a commercial structure the fee shall be $150 and $75 for re-inspection.
Section 112.4. Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $100 or more than $1,250.
Section 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
Section 302.3 A. Snow and ice removal; duty of owners or occupants to remove.
1.
The owners, occupant or occupants, tenant or tenants of premises abutting or bordering upon any street shall remove all snow and ice from the abutting sidewalks of such streets or, in the case of ice which may be frozen as to make its removal impractical, shall cause the same to be thoroughly covered with sand, salt or cinders within 24 hours after the same shall fall or be formed thereon.
2.
In case the building is occupied by more than one family or business unit, then the tenant or occupant of the first floor or story thereof is hereby required to remove all snow and ice from such portion of the sidewalk or, in the case of ice is impractical to remove, cover the same with sand, salt or cinders within 24 hours after the same shall fall thereon. The sidewalk shall be cleared from snow and ice. Creating a clear open path not less than 24 inches in width.
3.
No person, firm or corporation, owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice, which is accumulated within the private property belonging to said person, upon the sidewalks or streets of above mentioned Municipality.
4.
Violations and penalties. Any person or persons or corporation or corporations neglecting to comply with the provisions of this article shall be punishable by a fine not to exceed $1,000, imprisonment for a period not to exceed 90 days or a period of community service not exceeding 90 days, or any combination thereof, for every such neglect.
Section 302.4. Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
Exception: Empty Lots without structures shall be exempt from 302.4
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
Section 302.8 Motor vehicles. Except as provided for in other regulations, not more than one inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
Section 304.14. Insect screens. During the period from April 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to April 1 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1.
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2.
In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
Section 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from January 1 to December 31 to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1.
Processing, storage and operation areas that require cooling or special temperature conditions.
2.
Areas in which persons are primarily engaged in vigorous physical activities.
Chapters 44, 64 and Section 3-25 of the Woodbury Heights Code are hereby repealed together with any and all other ordinances or parts of ordinances in conflict with the terms and provisions of this chapter.[1]
[1]
Editor's Note: Chapter 101 has been retained at the direction of the Borough.
No person shall occupy, or allow to be occupied, any dwelling unit or nonresidential unit prior to the issuance of a certificate of occupancy or certificate of continued occupancy after an inspection as provided for in this chapter. No property shall be transferred, sold, rented or conveyed to another occupant without an application having been first made for an inspection to determine conformance with the standards provided for in this chapter and the issuance of a certificate of occupancy or certificate of continued occupancy (regarding nonresidential structures).
Section 64B-7A of the Woodbury Heights Code is hereby amended to delete all references to the words "Housing Standards."
In all cases where the borough shall perform repairs, maintenance, removals or perform protective measures respecting a property that is a danger to the public health, safety or welfare, the borough shall certify the costs thereof and issue a demand for payment by the property owner. If payment is not made within 60 days of such demand, the costs so certified shall forthwith become a lien upon such lands and shall be added to and become a part and form of the taxes next to be assessed and levied upon the lands, to bear the same rate of interest as taxes and shall be collected and enforced by the same officers and in the same manner as taxes are collected and enforced in the borough.
If any section, subsection, sentence, clause or phrase of this Property Maintenance Code is, for any reason, held to be unconstitutional, unlawful or unenforceable, such determination shall not affect the validity of the remaining portions of this chapter. The borough hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared unconstitutional, unlawful or unenforceable.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding now pending 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 above cited in this chapter; nor shall any just or legal right remedy of any character be lost, impaired or affected by this chapter.