Prior ordinance history: Ordinance No. 05-1216)
[Ord. No. 12-1359]
A certain document, three copies of which are on file in the office of the Municipal Clerk of the Borough of Milltown, being marked and designated as the International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Milltown, 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 collections of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Municipal Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in subsection 16-1.2 of this chapter.
[Ord. No. 12-1359]
The International Property Maintenance Code, 2012 Edition, is
hereby revised as follows:
a.
Section 101.1 is amended to delete "[NAME OF JURISDICTION]" and insert
"the Borough of Milltown" in its place and stead.
b.
Section 103.5 is deleted in its entirety.
c.
Section 104.3A is hereby added
as follows:
104.3A Search warrant: If the code official is refused access
to a structure or premises under Section 104.3, the code official
may, upon affidavit, apply to a judge of a court having jurisdiction
in the Borough for a search warrant, setting forth factually the actual
conditions and circumstances that provide a reasonable basis for believing
that a nuisance or violation of the code may exist on the premises,
including one or more of the following:
(a)
Receipt of a written complaint;
(b)
Observation of the external condition of the premises and its public
area has resulted in the belief that violation of this Chapter exist;
(c)
Circumstances such as age of building, type of building, particular
use of premises or other factors which render systematic inspections
of such buildings necessary in the interest of public health and safety.
If the judge is satisfied as to the matters set forth in said
affidavit, the judge shall authorize the issuance of a search warrant
permitting access for an inspection of that part or those parts of
the premises on which the nuisance or violation may or is suspected
to exist.
d.
Section 106.4 is hereby amended as follows:
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106.4 Violation penalties.
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1. Any person who shall violate any provisions of this code
shall be subject to a fine of not less than $100 nor more than $1,000,
or imprisonment for a term not to exceed 90 days, or both, at the
discretion of the court. Each day that a violation continues after
due notice has been served, in accordance with the terms and provisions
hereof, shall be deeded a separate offense.
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2. In accordance with N.J.S.A. 40:48-2.13 and 40:48-2.13a, any
owner or tenant of premises who has neglected or refused to remove
or destroy brush, weeds, including ragweeds, dead and dying trees,
stumps, roots, noxious growths, filth, garbage, trash and debris within
10 days after written notice for the removal or destruction of same
by the Borough shall be charged for the removal or destruction of
same by the Borough, which at its option may remove or destroy the
violation in order to preserve the health, safety, general welfare
or to eliminate a fire hazard, and said charge shall become a lien
upon such premises and shall be added to and become and form part
of the taxes next to be assessed and levied upon such premises. Such
lien shall bear interest at the same rate as the taxes and shall be
collected and enforced by the tax collector.
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e.
Section 112.4 is amended to delete the two references to "[AMOUNT]"
and provide for a fine of "not less than $100 or more than $1,000."
f.
Section 302.4 is amended to delete "[JURISDICTION TO INSERT HEIGHT
IN INCHES]" and insert "eight inches" in its place and stead.
g.
Section 304.14 is amended to delete the two references to "[DATE]"
and provide for a period "from April 15th to October 15th."
h.
Section 508, entitled "Storm Drainage" is deleted and the following
inserted in its place and stead:
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508 STORM DRAINAGE
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508.1 Intent and Purpose: The implementation of this section
will aid the Borough by limiting and reducing the inflow of additional
water into the sanitary sewer systems. By prohibiting the discharge
of water from any roof, surface ground, sump pump, swimming pool,
other natural precipitation, and other sources of inflow into the
Borough's sanitary sewer system, the Borough is seeking to reduce
costs as well as protect against other damaging effects. The Borough's
sanitary sewer system will and has on occasions in the past been overloaded
and flooded thereby creating the potential to cause significant damage
or threat to individual's property as well as the system. Further,
all water that enters the system must be treated at the Middlesex
County Utility Authority sewage treatment plant. Therefore, by reducing
and eliminating this inflow of "clean water" into the sanitary sewer
system and the subsequent unnecessary treatment, the expenses to the
Borough and the citizens will be reduced and will assist in protecting
the health, safety and welfare of the residents of the Borough and
in protecting the environment in general.
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508.2 Violations.
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1. Prohibited Discharges. No person or entity shall discharge
or cause to be discharged any stormwater, groundwater, roof runoff,
yard drainage, yard fountain, swimming pool, pond, overflow, or any
other substance other than sanitary sewage into the sanitary sewer
collection system. No person, business or other entity shall discharge
or cause to be discharged any hazardous substances into the sanitary
sewer collection system. Any discharge from a sump pump shall be made
to the grounds adjacent to the structure that the sump pump serves
and in a manner to prevent the accumulation of stagnant water thereon,
or on adjacent properties.
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2. Amnesty Period for Disconnection.
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a. On or before December 31, 2012, any person, business,
or other entity who shall have a connection described above and who
shall voluntarily report said connection to the Borough, so that said
illicit connection shall be remedied, shall have any and all permit,
connection and inspection fees waived by the Borough. This waiver
of fees applies only to Borough fees and does not include the actual
cost of remediation.
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b. After December 31, 2012, any person, business,
or other entity who shall have a connection described above, and shall
fail to voluntarily report such connection by December 31, 2012 shall
be liable for all permit fees, inspection fees, and connection fees
as required by the Borough to remedy the illicit connection.
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3. Manner of Disconnection.
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a. Any property owner, tenant, landlord, or other
person with a property interest who shall have a connection in violation
of this Chapter, or not obtained a waiver pursuant to Section 508.7,
shall immediately remove such connection and correct such situation.
If not removed or corrected within 120 calendar days after receiving
a Notice of Violation which has been personally delivered or delivered
via certified mail, the Borough shall impose a Surcharge as defined
and in the amount provided for in Section 508.4.
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b. All disconnections of said illicit connections
shall be accomplished by a complete and permanent method and performed
in a competent manner and approved and inspected by the Borough Building
Inspector, any Borough sub-code inspector, Borough Fire Code official
and/or Borough Engineer. Any disconnection, plugging, capping, re-routing,
altering, or modifying must be done in accordance with all applicable
state and municipal building codes.
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c. Upon issuance of the Surcharge pursuant to Section
508.4, if the property owner, tenant, landlord, or other person with
a property interest remedies the illicit connection, said property
owner, tenant, landlord, or other person with a property interest
shall call the Borough's Building Department for an inspection of
the connection by the Borough's Building Inspector, a Borough sub-code
inspector, Borough Fire Code official or Borough Engineer, and upon
certification that the illicit connection has been remedied, the Surcharge
shall be lifted, beginning the month following the inspection and
certification. If, however, on a subsequent and periodic inspection
for which a property was subject to the Surcharge, the illicit connection
exists, the Surcharge amount as provided for in Section 508.4 shall
be calculated from the previous inspection date.
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508.3 Inspections: The Building Inspector, Borough Engineer,
Borough Fire Code official and/or a Borough sub-code inspector, as
long as they display the property credentials and identification,
shall be permitted to request entrance to any property for the purpose
of inspecting, observing, testing and sampling to confirm that there
is no sump pump or other prohibited discharge into the sanitary sewer
system in accordance with this Chapter.
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Any owner, tenant, landlord, or other person with a property
interest who shall refuse entrance to the Building Inspector, Borough
Engineer, Borough Fire Code official or Borough sub-code inspector,
shall immediately become subject to the monthly Surcharge noted in
Section 508.4 of this Chapter. Said property shall remain subject
to the monthly Surcharge until such time as an inspection is permitted
to ensure compliance by the Borough of all terms of this Chapter.
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508.4 Surcharge.
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1. A surcharge of $50 per month (the "Surcharge") is hereby
imposed upon every sewer utility bill to property owners, tenants,
landlords, or other persons with a property interest for the following
conditions:
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a. Failure to comply with this Chapter; or
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b. Refusal to permit inspection.
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2. If the Surcharge is not paid and received by the Borough,
a lien shall be imposed upon the property as per N.J.S.A. 40:14B-42.
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3. Said Surcharge shall remain on the property and sewer utility
bill until such time as the Borough Building Inspector or Borough
Engineer certifies that the property owner, tenant, landlord, or other
person with a property interest is in full compliance with this Chapter.
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508.5 Appeal of Surcharge:
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Any property owner who shall be assessed a Surcharge pursuant
to this Chapter shall have a right to appeal to the Municipal Court
for the purposes of proving compliance with this Chapter.
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508.6 Municipal Assistance: The Borough shall assist and provide
guidance to any property owner, tenant, landlord, or other person
with a property interest in remedying the situation as it involves
a matter of public concern to the resident's health, safety and welfare
of the community in remedying the illicit connection. Except as specifically
set forth in this Chapter, all costs associated with complying with
this Chapter shall be borne by the property owner, tenant, landlord,
or other person with a property interest.
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508.7 Waiver: Any person, business, or other entity, who by
inspection or voluntary reporting is determined to be in violation
of any section of this Chapter, shall be permitted to file for a waiver
of the Surcharge requirement of this Chapter, if they can prove that
they have exhausted all possible remedial measures. Remedial measures
include but are not limited to the installation of a dry-well, the
connection to a storm sewer, and/or use of one's own property for
discharge of the water so long as such discharge does not adversely
affect any neighboring property owner. Upon certification of the Building
Inspector and/or Borough Engineer, the person, business, or other
entity shall be granted such waiver, but only for such time as to
when a remedy becomes available. If such remedy is made available
by the Borough, the Borough shall notify the person, business, or
other entity, that they shall comply with this Chapter within one
120 days of receiving said notice. Failure to comply will result in
the imposition of a Surcharge as per Section 508.4.
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508.8 Maintenance of Sump Pumps: Sump Pumps shall be maintained
in good repair and free from all obstructions.
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i.
Section 602.3 is amended to delete the two references to "[DATE]"
and provide for a period "from October 15th to May 15th."
j.
Section 602.4 is amended to delete the two references to "[DATE]"
and provide for a period "from October 15th to May 15th."
[Ord. No. 12-1359]
Nothing in this chapter or in the International Property Maintenance
Code, 2012 Edition, hereby adopted shall be construed to affect any
suit or proceeding 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; nor shall any just or
legal right or remedy of any character be lost, impaired or affected
by this chapter.
[Added 9-27-2022 by Ord.
No. 2022-1515]
As used in this section:
Shall mean the Property Maintenance Officer of the Borough
of Milltown.
Shall mean:
Plant species that are both non-native and able to establish
on many sites, grow and spread quickly, to the point of disrupting
and causing harm to plant communities, ecosystems, or human health.
Each of the following, which shall include the plant and any
cutting, flower, seed, root, other plant part, or cultivar therefrom:
Japanese Black Pine (Pinus thunbergii);
Canadian thistle (Cirsium arvense);
Common reed (Phragmites australis);
Eurasian watermilfoil (Myriophyllum spicatum);
Garlic mustard (Alliaria petiolata);
Japanese honeysuckle (Lonicera japonica);
Japanese knotweed (Polygonum cuspidatum/Fallopia japonica);
Japanese stiltgrass (Microstegium vimineum);
Lesser celandine (Ficaria verna);
Mile-a-minute (Polygonum perfoliatum/Persicaria perfoliata);
Porcelain berry (Ampelopsis glandulosa var. brevipedunculata)
Purple loosestrife (Lythrum salicaria);
Russian olive (Elaeagnus angustifolia);
Tree of Heaven (Ailanthus altissima);
Water chestnut (Trapa natans).
All native and non-native bamboo. "Bamboo" shall mean and include
plant species commonly known as "running" (monopodial) or "clumping"
(sympodial). This definition shall include but is not limited to the
following plant genera:
[Added 9-27-2022 by Ord.
No. 2022-1515]
All property owners and tenants shall control the growth of
invasive plant species and ensure that the growth of invasive plant
species do not spread to, encroach upon, or otherwise invade or intrude
upon adjoining private or public properties, or the public right-of-way.
Failure to control the spread of such invasive plant species beyond
the boundary of the property is a violation of this section.
[Added 9-27-2022 by Ord.
No. 2022-1515]
All places and premises within the Borough shall be subject
to inspection by the Enforcement Officer. Such inspections shall be
performed by the Enforcement Officer. Such inspections shall be made
if the Enforcement Officer has reason to believe that any subsection
of this section is being violated.
[Added 9-27-2022 by Ord.
No. 2022-1515]
All new in-ground plantings of invasive plant species are strictly
prohibited. All existing invasive plant species shall be contained
within the boundaries of the property by appropriate physical barriers
to prevent the growth and/or spread of the invasive plant species
beyond the boundaries of the property.
[Added 9-27-2022 by Ord.
No. 2022-1515]
a.
Whenever an invasive plant species is found on any plot of land,
lot, or any other premises, or place, and is found to lack appropriate
physical barriers to prevent its spread or growth, or is found to
have spread beyond the boundaries of a property, a violation shall
be given to the owner of the property from which the invasive plant
species originated, in writing, to remove or abate the same within
60 days. The costs of all remedies, including acquiring all necessary
regulatory permits and the removal of the invasive plant species shall
be borne by the owner of the property from which the invasive plant
species originated. If the property owner fails to abate the violation,
a municipal summons/complaint may be issued charging the property
owner with violating the provisions of this section.
b.
Notwithstanding any other penalty or fine that may be imposed under
this section, if a property owner fails to comply with the removal
or abatement of an invasive plant species, the Borough may thereafter
remove or otherwise abate the invasive plant species and recover all
of the costs of such removal and/or abatement from the property owner
by placing a lien against the property.
[Added 9-27-2022 by Ord.
No. 2022-1515]
In the event of a failure of the property owner from which the invasive plant species originated to remove or abate such condition existing thereon within the time required after service of the notice provided for in this section, and in addition to the remedies provided for in subsection 16-2.5, such person shall be in violation of this section, and upon conviction thereof by the Judge of the Municipal Court, shall be punished by a maximum fine of $2,000 per occurrence and/or imprisonment in such a place as is maintained for offenders in the Borough of Milltown for a period not to exceed 30 days. Each day during which the violation continues after such notice shall be considered a separate offense.
