[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21-93 and 5-95, was repealed in its entirety by Ordinance No. 9-2013.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 3-18-2015 by Ord. No. 3-2015; 10-20-2021 by Ord. No. 19-2021; 3-16-2022 by Ord. No. 5-2022]
The following sections are hereby revised:
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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".
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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.
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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.
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1.
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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.
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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.
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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.
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Section 302.3 A. Snow and ice removal; duty of owners
or occupants to remove.
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1.
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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.
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2.
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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.
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3.
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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.
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4.
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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.
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Section 302.4. Weeds and invasive plant species. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds and invasive plant species 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. Invasive plant species are defined within § 64A-1B.
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Exception: Empty lots without structures shall be exempt
from 302.4
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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 112.4 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, remove
and/or destroy the weeds or invasive plant species growing thereon,
and the costs of such removal shall be paid by the owner or agent
responsible for the property.
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Section 302.8 Inoperable motor vehicles. Except as provided for in Chapter 64C, entitled "Inoperable Motor Vehicles," or other regulations, no inoperative or unregistered motor vehicle shall be parked, kept or stored on any premises for more than 30 days, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. No motor vehicles shall be parked in the front, rear, or side yards of a property unless such vehicle is in a driveway consistent with Chapter 70 and specifically § 70-49.7 of the Borough Code. Painting of vehicles is also expressly prohibited unless conducted inside an indoor structure with an approved spray booth complying with OSHA requirements.
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Exception: A passenger vehicle of any type is permitted
to undergo major overhaul, including body work, provided that such
work is performed inside an approved structure or similarly enclosed
area designed and approved for such purposes.
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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.
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Exception: Screens shall not be required where
other approved means, such as air curtains or insect repellent fans,
are employed.
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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.
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Exceptions:
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1.
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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.
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2.
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In areas where the average monthly temperature is above 30°F
(-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
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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.
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Exceptions:
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1.
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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2.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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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.
