[HISTORY: Adopted by the Township Council of the Township
of Pequannock as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-22-1997 as
Ch. 135 of the 1997 Code; amended 4-24-2001 by Ord. No. 2001-02]
This article shall be known as the "Commercial Maintenance Code
of the Township of Pequannock, County of Morris and State of New Jersey
Fixing Minimum Standards Governing the Maintenance, Appearance and
Condition of Commercial Property; Fixing Responsibilities and Duties
Upon Owners, Operators and Others; Authorizing and Establishing Procedures
for the Inspection of Commercial Property and Fixing Penalties for
Violations" and is referred to in this article in the short form as
"this code."
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance,
appearance and condition of commercial premises and shopping centers;
to fix responsibilities and duties upon owners, operators and occupants;
to authorize and establish procedures for the inspection of commercial
premises and shopping centers; to fix penalties for the violations
of this code; and to provide for the right of access by the agents
and employees of the Township to enforce compliance with the provisions
hereof whenever necessary. This code is hereby declared to be remedial
and essential for the public interest, and it is intended that this
code be liberally construed to effectuate the purpose as stated herein.
The following terms, wherever used herein, shall have the following
meanings, unless a different meaning clearly appears from the context:
A building or buildings or any part thereof, and the lot
or tract upon which the building or buildings are situated, where
commercial activity of any kind takes place. "Commercial activity"
shall include, but is not limited to, gasoline service stations; stores
for retail sales; liquor stores; taverns and inns; restaurants, including
but not limited to drive-in restaurants, snack bars, and hot dog,
hamburger or ice cream stands; professional activities, including
but not limited to medical, dental, legal, architectural and accounting;
personal services, including but not limited to real estate, insurance,
barbershops, hair dressers and repair shops of all kinds; and amusements,
including but not limited to movies, skating rinks, and bowling alleys,
whether part of a shopping area or not. "Commercial activity" shall
not include sale of agricultural products produced on the premises.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any common law nuisance or as provided by the laws of the State
of New Jersey or ordinance of the Township of Pequannock.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building or upon a lot. This includes,
but is not limited to, any structurally unsound fences or structures,
lumber, trash, fences, debris, or vegetation, such as poison ivy,
poison oak or poison sumac, which may prove a hazard for inquisitive
minors.
Abandoned vehicles, trailers, carts, wagons, vessels or other
things; any vehicle, trailer, cart, wagon, vessel or other thing which
is inoperable, physically or by operation of law, or which remains
outside in an unfenced area of premises which is not used or maintained
for the sale of motor vehicles, trailers, campers or boats.
Any physical condition dangerous to human life or detrimental
to the health of persons on or near the premises where the condition
exists. This includes, but is not limited to, harborage, as defined
above; existence or presence of any water or other liquid in which
mosquito larvae breed or exist; any deposit or accumulation of trash,
litter, garbage, refuse, debris or any organic or inorganic matter
which may attract flies and to which flies may have access, or in
which fly larvae or pupae breed or exist; the existence, presence
or maintenance of any brush, weeds, dead and dying trees, stumps,
roots, limbs, obnoxious growth, filth, garbage, trash, refuse and
debris which is or may become a fire hazard or otherwise detrimental
to the health, safety and welfare of persons; the existence or presence
of any ragweed, poison ivy, poison sumac or other noxious growth of
any kind; the presence, existence or maintenance of any holes, excavations,
breaks, projections or obstructions; accumulations of ice, snow or
water; and excretion of pets and other animals on paths, walks, driveways,
parking lots and parking areas and other parts of the exterior of
the premises which are intended for use by persons or which are accessible
to and likely to be used by such persons.
The escape into the open air from any stack, vent, chimney or
any other entrance to the open air of such quantities of smoke, fly
ash, dust, fumes, vapors, mists or gases which endanger or interfere
with the health, safety and general welfare of persons, or the creation
of excessive and noxious amounts of dust.
Any act or maintenance of any condition which causes or threatens
pollution, as defined by the laws of the State of New Jersey, of any
waters in this Township in such manner as to endanger the health,
safety or general welfare of persons upon any premises within this
Township.
Unsanitary conditions or anything unreasonably offensive to
the senses or dangerous to health, in violation of this code.
Whatever renders air, water, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person having actual possession of the premises or any
part thereof.
Any person having charge, care or control of the premises
or any part thereof, whether with or without the consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any premises as owner or as fiduciary, including but
not limited to executor, executrix, administrator, administratix,
trustee, receiver, or guardian of the estate, or as mortgagee in possession,
regardless of how such possession was obtained. Any person who is
a lessee subletting or reassigning any part or all of any 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 said lessee.
One or more buildings or parts thereof designed or existing
as a unit, occupied or to be occupied by one or more businesses for
the conduct of retail sales, with parking space.
All commercial premises and shopping centers and any buildings
situated thereon in the Township of Pequannock shall comply with the
provisions of this code, whether or not such building shall have been
constructed, altered or repaired before or after the enactment of
this code. This code establishes minimum standards for the initial
and continued occupancy and use of all such buildings and premises
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of such buildings or premises
contained therein. Where there is a mixed occupancy with commercial
and other uses on the same premises, all such uses shall be nevertheless
regulated by and subject to the provisions of this code.
In any case where the provisions of this code impose a higher
standard than is set forth in any other ordinances of the Township
of Pequannock or under the laws of the State of New Jersey, then the
standards as set forth therein shall prevail, but if the provisions
of this code impose a lower standard than any other ordinances of
the Township of Pequannock or the laws of the State of New Jersey,
then the higher standard contained in any other such ordinance or
law shall prevail.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Owners and operators shall have all the duties and responsibilities
prescribed in this code, and no owner or operator shall be relieved
from any such duty and responsibility nor be entitled to defend against
any charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
Occupants shall have all the duties and responsibilities as prescribed in §§ 246-12, 246-13, 246-14, 246-15, 246-16 and 246-17 of this code, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
Upon discovery by an occupant of any condition of the premises
which constitutes a violation of this code by the owner or operator,
the occupant shall report the same to the Township Manager, who shall
be responsible for enforcement of the provisions of this code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Premises shall be landscaped, and lawns, trees, hedges and bushes
shall be kept trimmed and alive. The front and side yards of all premises
shall be maintained so that grass shall not exceed six inches in height.
All signs and printed matter, and pictures or illustrations
contained thereon, permitted by reason of other regulations or as
a lawful nonconforming use, shall be maintained, painted and in good
repair.
The exterior of every structure or accessory structure (including
fences, signs and storefronts) shall be maintained in good repair.
All structural surfaces shall be maintained free of safety hazards,
including but not limited to broken windows, loose and falling shingles,
roofing or siding and crumbling and falling stone or brick, and fire
hazards.
Every owner, operator and occupant shall have the duty and responsibility
of providing sufficient and suitable receptacles with tight-fitting
covers for receiving and holding refuse and garbage, and the receptacles
shall be maintained in a manner, with the cover in place, so as to
prevent the creation of a nuisance and shall be kept in an enclosed
space separate and apart from sidewalks and other pedestrian areas,
except when set out for collection during the hours of a day scheduled
for such collection.
The owner, operator and occupant shall maintain paths, walks,
driveways, parking lots, parking areas and other parts of the premises
in good repair, free from safety hazards and unsanitary conditions,
including but not limited to holes, excavations, breaks, projections,
obstructions, ice, uncleared snow, litter, and excretion of pets and
other animals. All such holes and excavations shall be filled and
repaired and other conditions removed where necessary to eliminate
hazards or unsanitary conditions with reasonable dispatch upon their
discovery. It shall be the responsibility of the owner, operator and
occupant to take reasonable steps to discover, remove and abate any
hazards or unsanitary conditions which may exist on the premises.
Any sidewalk in need of replacement shall be replaced with a portland
cement concrete sidewalk meeting present standards for new construction.
No sidewalk replacement shall commence without the approval of the
Township Manager or his designee.
All parts of the premises under the control of the occupant
shall be kept in a clean and sanitary condition, and 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
duty required hereunder or maintaining the premises in a clean and
sanitary condition is prohibited.
Every owner, operator and occupant shall be responsible for
the elimination of infestation in and on the premises subject to his
control.
The exterior of the premises and all structures thereon shall
be kept free from all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises and free from
unsanitary conditions.
The owner and operator of every shopping center shall be responsible
for providing and/or maintaining the following:
A.
Outside storage or display of merchandise or equipment shall be forbidden. However, this section shall not apply to outside storage of motor vehicles, trailers, campers, boats or other similar merchandise held for retail sale. This section shall also not apply to outside display of merchandise in connection with a special sale licensed under Chapter 298, Special Sales, of the Township Code. This section shall apply but not be limited to storage of merchandise or equipment in trailers, motor vehicles, shacks, sheds or other outside containers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Waiver of this provision may
be applied for by written request to the Township Council and granted
based on the size and kind of merchandise or equipment, duration and
location of the outside storage and the purposes of this code.
All exterior building additions or renovations requiring the
issuance of a building permit shall be completed within six months
from the date the building permit is issued and all construction supplies
shall be neatly stored during construction. The Construction Official
may extend the period of time for completion if he is satisfied that
the extent of the construction activity reasonably requires a period
of time greater than six months to complete or that the property owner
establishes a hardship or other good cause for extension.
This article may be enforced by any Township official or employee (the "enforcement official") who shall be designated and directed by the Township Manager to address any particular violation(s) of this article. The enforcement official shall have the authority to issue a notice of violation and abatement (the "notice") directing the abatement of any violation of this article and specifying a time period for abating the violation. In the event the property owner has not provided the Township with a current address for service, the notice may be posted upon the property. The failure to comply with the notice shall constitute a violation of this article, and the penalties as set forth in Chapter 74, Violations and Penalties, shall apply.
Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement official may either cause the violation to be abated or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the enforcement official may cause the condition to be abated subject to the provisions of § 246-22 of this article. In addition, any other remedies set forth in other sections of the Pequannock Township Code shall be available.
A.
The Township may abate a violation of this article when the enforcement official is unable to serve the notice upon a property owner or when the property owner, after service of the notice, fails to satisfactorily abate the violation. The Township may also abate a violation, without any prior notice, in an emergency situation as set forth in § 246-21 of this article. If the enforcement official recommends that the Township abate a violation, the enforcement official shall submit a report of the findings and recommendations to the Township Council. The Township Council may thereupon, by resolution, authorize the abatement of the condition as may be necessary to put the premises in a condition so as to comply with the requirements of this code. The Township Council may also, by such resolution, authorize the expenditure of municipal funds and fix the amount to be used for such purpose.
B.
Upon completion
of the abatement the enforcement official shall submit a report of
the moneys expended to the Township Manager for presentation to the
Township Council. After review of the report, the Township Council
may approve the expenses and costs by resolution, and thereupon the
stated amount of expenses and costs spent shall become a lien against
the premises, collectible as provided by law in conformity with N.J.S.A.
40:48-2.14. A copy of the resolution approving the expenses and costs
shall be certified by the Township Clerk and filed with the Tax Collector
of the Township, who shall be responsible for the collection thereof,
and a copy of the report and resolution shall be sent by certified
mail, return receipt requested, to the owner of the affected premises.
[Adopted 7-22-1997 as
Ch. 136 of the 1997 Code; amended 11-22-2005 by Ord. No. 2005-23]
The purpose of this article is to promote and protect public
health, safety and general welfare on or upon premises in the Township
of Pequannock as herein set forth by:
As used in this article, the following terms shall have the
meanings indicated:
When the manner in which property is maintained results in
a diminution in the value of at least one surrounding property by
at least 5% assessable value as determined by the Township Tax Assessor.
Any structure, or part thereof, used for or intended to be
used for habitation or occupancy, including any accessory structures
and appurtenance belonging thereto.
Any land or buildings located in the Township of Pequannock which are not regulated by Article I, Commercial Property Maintenance, of this chapter.
Combustible and noncombustible waste materials, including
but not limited to paper, rags, cartons, boxes, wood, rubber, leather,
tree branches, yard trimmings, tin cans, metals, material matter,
grass, trees, play equipment, or outdoor furniture in disrepair.
Every vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load rests
upon or is carried by another vehicle.
Every vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and so
constructed that no part of its weight rests upon the towing vehicle.
Every motor vehicle designed, used, or maintained primarily
for the transportation of property.
Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn.
A.
Sanitation. All exterior property
and premises shall be maintained in a clean, safe and sanitary condition.
The occupant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition. The
property shall be kept free of litter and free of nuisances and hazards
to the safety of tenants, occupants, pedestrians and other persons
having access to the premises.
B.
Weeds and plant growth.
(1)
All premises and exterior
property shall be maintained free from weeds and plant growth which
create a sight obstruction and/or safety hazard to motor vehicles
in their operation on roadways.
(2)
All premises and exterior
property shall be maintained free from grass or weeds in excess of
six inches in height. All noxious weeds shall be prohibited. Weeds
shall be defined as grasses, annual plants and vegetation other than
trees or shrubs; provided, however, that this term shall not include
cultivated flowers and gardens.
(3)
All premises and exterior
property shall be maintained free from dead and dying trees and other
natural growth which, by reason of rotting or deteriorating conditions
or storm damage, are or may be dangerous to persons or property in
the vicinity thereof. Trees shall be trimmed and pruned to avoid overhanging
and projecting limbs which constitute a danger to persons or property
in the vicinity thereof.
C.
Landscape maintenance.
(1)
Where exposed to public view,
the landscaping of premises shall be maintained in an orderly state
with lawns and bushes trimmed and free from becoming overgrown, littered
and unsightly where such would constitute a blighting effect, depreciating
adjoining and nearby property. Open areas shall be graded evenly to
eliminate holes, depressions, gullies, mounds, accumulations of debris
or other unsightly or unsafe conditions.
(2)
Dead or dying trees and other natural growth which,
by reason of rotting or deteriorating conditions or storm damage,
are or may be dangerous to persons in the vicinity thereof and shall
be removed.
D.
All property shall be maintained
free from broken or discarded furniture, household or business equipment
and furnishings or the accumulation or storage of any other rubbish.
E.
All property shall be maintained
free from any condition dangerous to the public, including but not
limited to abandoned, broken or neglected equipment, machinery, pools,
excavations and fences.
F.
Sidewalks, curbs and driveways.
All sidewalks, curbs, monolithic curbs/gutters, walkways, stairways,
driveways, parking spaces and similar areas shall be kept in a proper
state of repair and maintained free from hazardous conditions.
G.
Fences and walls. All fences
and walls shall be kept in good repair and in a safe condition.
A.
All exterior building additions
or renovations requiring the issuance of a building permit shall be
completed within six months from the date the building permit is issued
and all construction supplies shall be neatly stored during construction.
The Construction Official may extend the period of time for completion
if he is satisfied that the extent of the construction activity reasonably
requires a period of time greater than six months to complete or that
the property owner establishes a hardship or other good cause for
extension.
B.
It shall be a violation of this
article for the owner or occupant of property to leave buildings which
are left in a state of partial construction for a period of 90 days
or more or which represent a hazardous or unsafe condition to the
inhabitants or the community.
A.
Parking or storage of a commercial
semitrailer or trailer or truck shall be prohibited if the same is
over 20,000 pounds (10 tons) registered gross weight and/or over 10
feet in height as measured from the ground and/or over 24 feet from
bumper to bumper.
B.
No permitted vehicle shall use
any type of motor other than that used for the moving of the vehicle,
and the motor of said vehicle shall be turned off upon the parking
of the same.
C.
This section shall not apply to a vehicle which is parked in a completely enclosed garage and is owned by a resident of the premises and which conforms to Chapter 360, Zoning.
D.
Nothing in this section shall
curtail the use of commercial vehicles making deliveries to or performing
services at premises in a residential district.
No inoperable motor vehicle or motor vehicle which is currently
unregistered or uninspected or without a current or valid license
plate shall be parked, stored, or left on any property for more than
one week unless such vehicle is:
A.
Any building or structure which
is dangerous to life or health or which presents a fire hazard shall
be considered a nuisance.
B.
General. The exterior of the
premises shall be maintained so that the appearance thereof shall
reflect a level of maintenance in keeping with the standards of the
neighborhood or such higher standards as may be adopted by the Township
of Pequannock and such that the appearance thereof shall not constitute
a blighting effect upon neighboring properties.
C.
The exterior of every structure
shall be maintained in good repair. The exterior of all buildings
shall be kept free of broken glass or windows, peeling paint, and
rotten, missing or substantially destroyed window frames and sashes,
doors and door frames and other exterior building components, including
porches and decks.
Safe ingress and egress from all structures on the property
shall be maintained.
A.
This article may be enforced
by any Township official or employee (the "enforcement official")
who shall be designated and directed by the Township Manager to address
any particular violation(s) of this article. The enforcement official
shall have the authority to issue a notice of violation and abatement
(the "notice") directing the abatement of any violation of this article
and specifying a time period for abating the violation. In the event
the property owner has not provided the Township with a current address
for service, the notice may be posted upon the property. The failure
to comply with the notice shall constitute a violation of this article.
B.
For a violation of this article,
the offender shall be subject to imprisonment in the county jail for
a term not exceeding 90 days, or to a fine not exceeding $1,000, or
to a period of community service not exceeding 90 days. Any person
who is convicted of violating this article within one year of the
date of a previous violation of this article and who was fined for
the previous violation shall be sentenced by the court to an additional
fine as a repeat offender. The additional fine imposed by the court
upon a person for repeated offense shall not exceed the maximum fine
fixed for a violation of this article but shall be calculated separately
from the fine imposed for the violation of the article.
Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement official may either cause the violation to be abated or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the enforcement official may cause the condition to be abated subject to the provisions of § 246-33 of this article. In addition, any other remedies set forth in other sections of the Pequannock Township Code shall be available.
A.
The Township may abate a violation of this article when the enforcement official is unable to serve the notice upon a property owner or when the property owner, after service of the notice, fails to satisfactorily abate the violation. The Township may also abate a violation, without any prior notice, in an emergency situation as set forth in § 246-32 of this article. If the enforcement official recommends that the Township abate a violation, the enforcement official shall submit a report of the findings and recommendations to the Township Council. The Township Council may thereupon, by resolution, authorize the abatement of the condition as may be necessary to put the premises in such a condition so as to comply with the requirements of this code. The Township Council may, by such resolution, authorize the expenditure of municipal funds and fix the amount to be used for such purpose.
B.
Upon completion
of the abatement the enforcement official shall submit a report of
the moneys expended to the Township Manager for presentation to the
Township Council. After review of the report, the Township Council
may approve the expenses and costs by resolution, and thereupon the
stated amount of expenses and costs spent shall become a lien against
the premises, collectible as provided by law in conformity with N.J.S.A.
40:48-2.14. A copy of the resolution approving the expenses and costs
shall be certified by the Township Clerk and filed with the Tax Collector
of the Township, who shall be responsible for the collection thereof,
and a copy of the report and resolution shall be sent by certified
mail, return receipt requested, to the owner of the affected premises.
