[Ord. 1978-38]
The Township of East Windsor finds that certain unsafe, unsanitary
and unhealthy conditions tend to occur at various commercial and industrial
facilities in the township unless proper maintenance procedures are
followed. Since many persons are attracted to and actually use the
facilities at these commercial and industrial properties, the public
health, safety and welfare require prevention of unsafe, unsanitary
and unhealthy conditions on any commercial and industrial properties
in the township.
[Ord. 1978-38]
The title of this chapter is The Commercial and Industrial Maintenance
Code of the Township of East Windsor.
[Ord. 1978-38]
The purpose of this code is to protect health, safety and welfare
by establishing minimum standards governing the exterior maintenance
of commercial and industrial premises; to fix certain responsibilities
and duties on owners and operators, and distinct and separate responsibilities
and duties on occupants; to authorize and establish procedures for
the inspection of commercial and industrial premises; to fix penalties
for violations of this code; and to provide for the right of access
to permit repairs when necessary. This code is declared to be remedial
and essential for the public interest, and it is intended that it
be liberally construed to effectuate the purposes stated herein.
[Ord. 1978-38]
As used in this chapter:
Any lot on any part of which commercial or industrial
activity of any kind takes place. Such activity includes all those
commercial and industrial uses permitted or conditionally permitted
in the Town Center, Industrial Office, Highway Commercial, and Turnpike
Commercial districts, whether such uses are actually in those districts
or in other districts.
The exterior facades or external portions of a
building which are exposed to public view and the open space of any
premises outside of any building erected thereon.
The presence of insects, rodents, vermin or other
pests on the premises, in sufficient numbers to constitute a health
hazard in the opinion of the township health officer.
Any parcel of land designated as a lot on the
tax map of the township.
Any common-law nuisance or as provided by the laws of the State
of New Jersey or ordinances of the township.
Any attractive nuisance which may prove detrimental to the health
or safety of children. This includes but is not limited to the following
structurally unsound fences or structures, lumber, trash, fences,
debris, outside storage of items which may be attractive to and dangerous
to children, or noxious vegetation such as poison ivy - which may
prove a hazard for inquisitive minors. Any such item clearly visible
from beyond the property line may be an attractive nuisance.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Unsanitary conditions or anything dangerous to health.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings, or whatever creates an unreasonable
nuisance through odor or noise so as to deprive adjacent owners of
the quiet enjoyment of their property.
Fire hazards.
A person having actual possession of any premises
or any part thereof.
A person who has charge, care or control of commercial
or industrial premises, or any part thereof, whether with or without
the consent of the owner.
A person who, alone or jointly with others, has
legal or equitable title to any commercial or industrial premises,
with or without accompanying actual possession; or has charge, care
or control of any commercial or industrial 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 an estate, or as a mortgagee in possession, regardless of how such
possession was obtained. Any person who is a lessee, subletting or
reassigning any part or all of a commercial or industrial premises,
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the premises sublet or assigned
by the lessee.
One or more buildings or parts thereof designed
as a unit, to be occupied by one or more businesses for the conduct
of businesses primarily engaged in retail merchandising.
[Ord. 1978-38]
a.
This code establishes minimum standards for the initial and
continued occupancy and use of all commercial and industrial premises,
including those occupied and used before the adoption of this code,
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of the commercial or industrial
buildings or premises contained therein. Where there is mixed occupancy
with commercial or industrial, and other uses on the same premises,
all such uses shall be regulated by and subject to the provisions
of this code.
b.
Where the provisions of this code impose a higher standard than
is set forth in any other ordinances of the township or under the
laws of the State of New Jersey, then the standards set forth herein
shall prevail; but if the provisions of this code impose a lower standard
than other ordinances of the township or laws of the State of New
Jersey, then the higher standard contained in such ordinance or law
shall prevail.
a.
Owners and operators shall have all the duties and responsibilities
prescribed in this code, and no owner or operator shall be relieved
from any duty and responsibility, or be entitled to defend against
any charge of violation, by reason of the fact that the occupant is
also responsible and in violation thereof.
b.
Occupants shall have such duties and responsibilities as are prescribed for them in section 17-6 of this code and shall not be relieved of any duty and responsibility, or be entitled to defend against any charge of violation by reason of the fact that the owner or operator is also responsible and in violation thereof.
[Ord. 1978-38; Ord. 1980-15]
The exterior of premises and structures shall be kept free of
nuisances (as defined in subsection 17-4.5) to the safety of occupants,
pedestrians and other persons utilizing the premises. Any nuisance
shall be promptly removed and abated by the owner and/or operator.
It shall further be the duty of the owner and/or operator to keep
the premises free of health hazards such as:
a.
Refuse. Broken glass, filth, garbage, trash, litter and debris.
b.
Natural Growth. Brush, weeds, ragweed, stumps, roots and obnoxious
growths; dead and dying trees and limbs or other natural growth which,
through rotting or deteriorating conditions or storm damage, constitute
a hazard to persons in the vicinity. Trees shall be kept pruned and
trimmed to prevent such conditions.
c.
Overhangings. Loose and overhanging objects and accumulations
of ice and snow above ground level, which constitute a danger of falling
on persons in the vicinity.
d.
Ground Surface Hazards or Unsanitary Conditions. Holes, excavations,
breaks, projections, obstructions, and excretion of pets and other
animals on paths, walks, driveways, parking lots and parking areas,
and other parts of the exterior premises which are accessible to and
used by persons on the premises. All holes and excavations shall be
filled and repaired, walks and steps repaired and other conditions
removed where necessary to eliminate hazards or unsanitary conditions.
It shall be the responsibility of owners and operators to take reasonable
steps to discover and remove any such hazards or unsanitary conditions
which may exist on their premises. All sidewalks and parking areas
shall be kept free of snow and ice. Snow and ice shall be removed
within one-half business day after occurrence and shall not be allowed
to accumulate or to freeze in any area between parking areas and entrances
or exits.
e.
Recurring Accumulations of Storm Water. Adequate run-off drains
shall be provided and maintained to eliminate any recurrent or excessive
accumulation of storm water.
f.
Sources of Infestation.
Premises shall be kept landscaped and lawns, hedges and bushes
shall be kept trimmed and kept from becoming overgrown.
The exterior of every structure or accessory structure, including
fences, signs and store fronts, shall be maintained in good repair.
All structural surfaces shall be maintained free of safety hazards,
such as broken windows, loose and falling shingles and crumbling and
falling stone or brick.
The owner, operator and occupant shall have the duty and responsibility
of removing refuse and garbage at least twice a week, except that
in a shopping area with four stores or more, refuse and garbage shall
be removed at least three times a week.
The occupant shall be responsible for removing litter from the
sidewalk in front of the occupant's commercial or industrial premises
at least once in any day the premises are open for business.
a.
All parts of the premises under the control of the occupant
shall be kept in a clean and sanitary condition, and the occupant
shall refrain from performing any acts which would render other parts
of the premises unclean or unsanitary or which would obstruct the
owner or operator from performing any required duty in this code for
maintaining the premises in a clean and sanitary condition.
b.
Each operator shall be responsible for the elimination of infestation
in and on the premises subject to his control.
c.
No person shall deposit any litter on the ground in any commercial
or industrial premises.
a.
The owner of any access ways and parking areas serving commercial
and industrial premises shall be responsible for keeping same free
of congestion and open to emergency and service vehicles by:
2.
Preventing the continuous or regular use of access ways or parking
spaces for any vehicle which is:
(a)
In such a state of disassembly or disrepair so that it cannot
be driven; or
(b)
Which does not display current license plates.
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For purposes of this subsection "continuous" shall mean presence
on the same tax map lot for a period of 72 consecutive hours and "regular"
shall mean being observed at least twice within a 20-day period on
the same tax map lot when on both occasions such vehicle was either
in a state of disassembly or disrepair so that it could not be driven
or on both occasions did not display current license plates.
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3.
This subsection shall not apply with regard to a vehicle on the premises
of a business enterprise operated in a lawful place and manner, when
the storage of such vehicles is necessary to the operation of such
business enterprise, in which case the vehicles shall be screened
from public view by fencing or plantings and shall in no way impede
adequate public safety access to any structure on the premises.
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For purposes of enforcement the police department shall perform
all duties required under this subsection including inspections and
service of process.
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Upon discovery by an occupant of any condition on the premises
which constitutes a violation by the owner or operator, the occupant
shall report the violation to the department of inspections, which
shall be responsible for enforcement of the provisions of this code.
[Ord. 1978-38]
All buildings and premises subject to this code are subject
to inspection from time to time by the department of inspections or
at that department's request, by the township health officer. At the
time of inspection, all parts of the premises must be available and
accessible for inspection, and the owner, operator and occupant are
required to provide the necessary arrangements to facilitate inspections.
Inspections shall be made during open hours of the business occupying
the premises unless there is reason to believe a violation exists
which is an immediate threat to health or safety and requires inspection
and abatement without delay.
[Ord. 1978-38]
a.
In the event that there is on any premises a condition which
is an immediate threat to life and limb the construction official
shall immediately serve the owner, occupant and/or operator of the
premises whereon the condition is occurring with written notice of
the violation by the delivery to any such owner, occupant and/or operator
or the agent or employee of any of same actually on the premises.
If no such person is present the notice shall be posted on the premises
and the construction official shall attempt to contact any such person
by telephone.
If, after the passage of one hour from the delivery or posting
of such notice, the hazard has not been abated, the construction official
is hereby authorized to enter upon the premises to abate the hazard.
Thereafter the township shall assess the costs of such abatement against
the owner and/or occupant of the premises.
b.
All other violations shall be corrected pursuant to the issuance
of a notice of violation to the person having actual control of the
premises with a copy to any other person who might be found legally
responsible for compliance. Notice shall be served personally upon
whoever is in physical control of the site of the violation, with
certified mail copies to all persons affected. If the violation is
not corrected within ten days from such personal service, a summons
shall issue forthwith.
Where abatement of a nuisance or correction of a defect in the
premises to a proper condition, to conform to applicable ordinances
of the township or laws of the State of New Jersey requires expending
township moneys and the owner and/or occupant and/or operator, having
been found guilty of the violation has not abated same, the construction
official shall present to the council a report of the work proposed
to accomplish the foregoing, together with an estimate of the cost
and a summary of the proceedings undertaken by the construction official
to secure compliance, including notices served on the occupants, owners,
operators or their agents, as the case may be. The council may thereupon
by resolution authorize abatement of the nuisance, correction of the
defect or work necessary to place the premises in proper condition
in compliance with this code. The construction official may thereafter
proceed to have the work performed in accordance with the resolution
at township expense not to exceed the amount specified in the resolution
and shall, upon completion thereof, submit a report to the council
of the moneys expended and costs. After review of the report, the
council may approve the expenses and costs, whereupon the same shall
become a lien against the premises, collectible as provided by law.
A copy of the resolution approving the expenses and costs shall be
certified by the township clerk and filed with the township tax collector,
who shall be responsible for collection, and a copy of the report
and resolution shall be sent by certified mail, return receipt requested,
to the owner.
[Ord. 1978-38]
At the request of the construction official or any member of
the department of inspections charged by the construction official
with enforcing this code, the health officer or any officer, agent
or employee of the township shall assist him in the enforcement, interpretation
or implementation of this code.
