[Ord. 3-11-85 § 1]
This section shall be known and may be cited as the Property
Maintenance Code of the Township.
[Ord. 3-11-85 § 1]
It is hereby found and declared that there exists in the Township,
structures, premises and vacant lots which are, or may become in the
future, substandard with respect to structural integrity, equipment
or maintenance; or further, that such conditions including but not
limited to structural deterioration, lack of maintenance of exterior
premises and vacant lots, infestation, lack of maintenance or upkeep
of essential facilities and utilities, existence of fire hazards and
unsanitary conditions constitute a menace to the health, safety, welfare
and reasonable quiet comfort and property values of the citizens and
inhabitants of the Township.
It is further found and declared that by reason of lack of maintenance
of buildings and grounds, and ensuing progressive deterioration, certain
premises have the further effect of creating blighting conditions,
and initiating slums, and if same are not curtailed and removed, the
aforesaid conditions will grow and spread and will necessitate, in
time, the expenditure of large amounts of public funds to correct
and eliminate the same, and that by reason of timely regulations and
restrictions as herein contained the growth of slums and blight may
be prevented and neighborhood and property values hereby maintained,
the desirability and amenities of premises and neighborhoods enhanced,
and the public health, safety, quiet comfort and welfare protected
and fostered.
[Ord. 3-11-85 § 1]
The purpose of this Code is to protect the public health, safety,
quiet comfort, welfare and property values by establishing minimum
standards governing the maintenance, appearance and condition of the
exterior of residential and nonresidential premises; to avoid, prevent
and eliminate the maintenance of, or creation of, hazards to the public
health or safety; to avoid, prevent and eliminate conditions which,
if permitted to exist or continue, will depreciate or tend to depreciate
the value of adjacent or surrounding properties; to prevent the creation,
continuation, extension or aggravation of blight; to fix certain responsibilities
and duties upon owners, operators and occupants of property; and to
provide for administration and enforcement of this section and to
authorize and establish procedures for the inspection of such premises,
to fix penalties for the violations of this Code. 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 purposes stated herein.
[Ord. 3-11-85 § 1]
a.
Structures and Premises Affected by this Code. Each and every residential
and nonresidential structure and the premises on which it is situated
in the Township, used or intended to be used for dwelling, commercial,
business or industrial occupancy shall comply with the provisions
of this Code whether or not such structure shall have been constructed,
altered or repaired before or after the enactment of this Code, and
without regard to any permits or licenses which shall have been issued
for the use or occupancy of the structure or for the installation
or repair of equipment or facilities prior to the effective date of
this Code.
b.
Conflict with Other Ordinances. In any case where the provisions
of this Code impose a higher standard than set forth in any other
ordinance of the Township or under the laws of the State of New Jersey,
then the standards as set forth herein shall prevail; but if the provisions
of this Code impose a lower standard than any other ordinance of the
Township, or of the laws of the State of New Jersey, then the higher
standard contained in any such other ordinance or law shall prevail.
c.
Existing Remedies. Nothing in this Code shall be deemed to abolish
or impair existing remedies of the Township or its officers or agencies,
or of the Board of Health, or regional health commission, relating
to the removal or demolition of any buildings or structures which
are deemed to be dangerous, unsafe or unsanitary.
[Ord. 3-11-85 § 1]
The provisions of this Code shall constitute the standards to
guide the public officer and authorized agents in determining the
fitness of premises for human habitation, use and occupancy and in
determining whether premises are being maintained in such condition
as to not constitute a blighting effect upon neighboring properties
nor an element leading to a progressive deterioration and downgrading
of neighboring properties with an accompanying diminution of property
values.
[Ord. 3-11-85 § 1]
As used in this section:
Shall mean the condition of a structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, leak of maintenance, or excessive
use.
Shall mean those portions of the grounds, buildings or structures
which are exposed to public view or are visible from adjoining or
adjacent properties, including all outside surfaces and appurtenances
thereto, and the open space on the premises outside of any building
or structure erected thereon.
Shall mean the control and elimination of insects, rodents
or other pests by eliminating their harborage places, by removing
or making inaccessible materials that may serve as their food by poison,
spraying, fumigating, trapping or by any other approved pest elimination
methods.
Shall mean anything or any act which increases or may cause
any increase of the hazard or menace of fire to a greater degree than
that customarily recognized as normal by persons in the public service
of preventing, suppressing or extinguishing fire; or which may obstruct,
delay or hinder or may become the cause of an obstruction, a delay,
a hazard or a hindrance to the prevention, suppression or extinguishment
of fire.
Shall mean any occupant, owner, agent, tenant, lessee, caretaker,
or other person or corporation in charge of, residing, living or sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this Code.
Shall mean any person, persons, or entity, not the owner,
who has charge, care or control of a structure or a part thereof,
with or without the knowledge, consent or authority of the owner.
Shall mean any person, persons, or entity who shall have
legal or equitable title in any form whatsoever to any premises or
part thereof, with or without accompanying actual possession thereof;
or who shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or agent of the owner, or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this Code and shall
have responsibility over that portion of the premises so sublet, leased
or assigned.
Shall mean a lot, plot or parcel of land, including the buildings,
structures, grounds and improvements thereon.
Shall mean the person or persons who are authorized by this
Code to exercise powers prescribed by this Code.
[Ord. 3-11-85 § 1]
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this Code and no such person or
entity shall be relieved of any such duty, obligation or responsibility
hereunder, nor may any such person or entity assert as a defense against
any charge made under this Code that another owner, operator or occupant,
or any other third person or entity, is also responsible therefor
and in violation thereof.
[Ord. 3-11-85 § 1]
a.
Exterior of Premises. The exterior of all 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
set forth by this Code. The exterior of all premises shall be maintained
and kept free from Code violations which include but are not limited
to the following:
1.
Garbage and rubbish shall be confined to containers designed for
that purpose. Only garbage and rubbish resulting from the actual use
on the premises may be permitted on the premises. Residential solid
waste must be disposed of at least weekly and not be held or placed
in public view at any time.
3.
Discarded Appliances. Abandoned refrigerators, boilers, water heaters,
television sets, and other similar major appliances, or the boxes,
crates or container in which they were shipped shall not be placed
in public view, except only in connection with a Township clean-up
campaign and then only on the days scheduled for the area in which
the premises are located.
4.
Natural Growth.
(a)
See Section 10-2 covering the removal of brush, weeds, debris, etc. and adopting the provisions of N.J.S.A. 40:48-2.13 and 40:48-2.14.
(b)
Trees shall be kept pruned, and dead wood one inch or more in
diameter shall be removed. Heavy undergrowth and accumulation of plant
growth which are unsightly, noxious, or detrimental to health shall
be eliminated or removed.
(c)
Hedges and shrubs shall be kept pruned or trimmed. Grass shall
not be permitted to exceed six inches in height. All pruned or cut
trees, hedges, shrubs, plant growth, and grass shall be promptly removed
from the premises after pruning or cutting. The same shall not be
kept in public view while waiting to be removed.
5.
Overhangings. Loose and overhanging objects, whether natural or man-made,
and accumulations of ice and snow, which by reason of location above
ground level constitute a threat to the health and safety of people,
shall not be permitted to remain.
6.
Ground Surface Hazards. Hidden or uncovered ground or surface hazards,
such as holes, sudden depressions, excavations, sharp or jagged projections
or obstructions shall not be permitted to exist.
b.
Structural Soundness. The primary provisions relating to structural soundness and fitness for occupancy for residential structures are set forth in Section 9-2 Housing Code, in Chapter 9 Building and Housing, adopting the "New Jersey State Housing Code", pursuant to N.J.S.A. 40:49-5.1, and in the provisions of the Construction Code. As a supplement thereto, and not in replacement thereof, the following provisions are also part of this Code.
c.
Unsound Foundation Walls. Inadequate or unsafe foundation walls,
piers and columns, and other similarly unsound, damaged or defective
load bearing components which are incapable of supporting the imposed
loads safely at all points shall not be permitted.
d.
Unsound Exterior Porches, Landings, Balconies, Stairs and Fire Escapes.
Structurally unsound, loose, dangerous, crumbling, missing, broken,
rotted, or unsafe exterior portions of buildings or structures including
but not limited to porches, landings, balconies, stairways, handrails,
steps, walls, overhangs, roofs, fences, supporting members, timbers,
abutments, fire escapes, signs, loose, crumbling or falling bricks,
stones, mortar or plaster shall not be permitted.
e.
Projecting Surfaces. Exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith shall not be permitted.
f.
Windows, Doors, etc. Broken glass or windows, rotten, missing or
substantially destroyed window frames and sashes, door frames, exterior
doors, or other junior exterior component parts of buildings or structures
shall not be permitted.
g.
Unsound Exterior Walls, Sidings and Roof. Exterior walls, sidings,
gutters and leaders and roof shall be kept structurally sound, in
good repair and free from defects. Exterior wood surfaces of buildings
and structures that are not inherently resistant to deterioration
shall be periodically treated with a protective coating of paint or
other suitable preservative.
h.
Exterior Chimneys. Exterior chimneys shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed.
i.
Steps, Walks, Driveways and Parking Lots. Steps, walks, driveways,
parking lots, parking spaces and similar paved areas shall be maintained
so as to afford safe passage under normal use and weather conditions.
Any holes or other hazards that may exist shall be filled; necessary
repairs or replacement shall be performed promptly. The occupant,
operator or owner shall keep all and every part of the premises which
he or she owns and the steps, walks, driveways and parking areas located
in the front, rear or side of the premises, from the building line
to the nearest public street line, in a clean, sanitary and safe condition
and free from litter, debris, paper, dirt, garbage and junk and, except
for public improvements, in good repair.
[Ord. 3-11-85 § 1]
a.
Enforcement Officer. Inspection of premises and the issuing of orders
in connection therewith under the provisions of this Code shall be
the responsibility of the public officer of the Township.
b.
Inspections and Orders. The public officer is authorized to enter
upon any land at any reasonable time for the purpose of inspection
and performing his or her duties under this Code. Wherever, in the
opinion of the public officer, it is necessary or desirable to have
inspections of any condition by any other department, the public officer
shall arrange for this to be done. No order for the correction of
any violation under this Code shall be issued without the approval
of the Township Committee, and it shall be the responsibility of the
public officer, before issuing any such order to determine that the
order has the concurrence of any other department or official of the
Township concerned with any matter involved on the case in question.
c.
Enforcement Procedure. Whenever the public officer determines that
there is or has been a violation of any provision of this Code, he
shall give notice of such violation to the person, persons or entities
responsible therefor under this subsection.
Such notice shall be in writing and shall include a concise
statement of the reasons for its issuance.
Such notice shall be deemed to be properly and sufficiently
served if a copy thereof is sent by regular mail to the last known
address of the person or entity upon which the same is served, as
shown by the most recent tax records of the Township; or a copy thereof
handed to the person; or a copy thereof left at the usual place of
abode or office of the persons or entities. Notice shall be given
as aforesaid within or without the Township. The notice shall also
state that unless the violation is abated, removed, cured, prevented,
or desisted within seven days of the date of service of such notice
(exclusive of the date of service), a summons will be issued for such
violation. The public officer may extend the period for compliance
with the requirements of this section in regard to the violation stated
in the notice for a period in excess of the aforesaid seven days if,
in his or her judgment, the abatement, removal, prevention, cessation
or cure of the condition violated cannot reasonably be effected within
the seven-day period; and in such cases the public officer shall state
such reasonable required extended period in the notice, which shall
then be applicable instead of the aforesaid seven days. In the event
the violation is not abated, removed, cured, prevented, or desisted
from or otherwise fully remedied within the seven day period or within
such extended period as set forth in the notice, pursuant to the foregoing,
a summons shall be issued against the person or entity so notified.
Any extension beyond 30 days must be approved by the Township Committee.
[1973 Code § 8:5-15a]
[1973 Code § 8:5-15b]
The officer hereby designated as the officer of this Municipality
to enforce the provisions of this section, shall be any public officer
under the Housing Code of this Township, or any police officer designated
by the Chief of Police as an officer for the enforcement of the provisions
of this section.[1]
[1973 Code § 8:5-15c]
Whenever the public officer or other officer designated to enforce
this section, as hereinabove provided, shall determine it to be necessary
and expedient for the preservation of the public health, safety or
a fire hazard, the owner or tenant of lands lying within the limits
of this Township shall remove from such lands, brush, weeds, dead
and dying trees, stumps, roots, obnoxious growth, filth, garbage,
trash and debris within 10 days after notice to remove the same.
[1973 Code § 8:5-15d]
In the event such owner or tenant, as the case may be, shall
have refused or neglected to remove the same in the manner and within
the time provided above, the public officer or other officer designated
to enforce this section, as hereinabove provided, may cause the same
to be removed and the condition to be abated by or under his direction.
Upon completion of such removal and abatement, such officer shall
certify the cost thereof to the Township Committee, which shall examine
the certificate, and if found correct, shall cause the cost as shown
thereon to be charged against the lands; the amount so charged shall
forthwith become a lien upon such lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as taxes, and
shall be collected and enforced by the same officers and in the same
manner as taxes.
[1973 Code § 8:5-15e]
[1973 Code § 9:3-1]
The owner or tenant of lands abutting or bordering upon the
sidewalks of public streets in the Township shall remove all ice and
snow from that part of the sidewalk lying in front of their respective
premises which is paved with flagging, broken stone, concrete, asphalt,
or other artificial covering, within 12 hours of daylight after the
same shall be formed or fall thereon.
[1973 Code § 9:3-2]
In all cases in which ice shall be formed upon or adhere to that portion of the sidewalks of any public street in the Township which is covered with flagging, broken stone, concrete, asphalt, or other artificial covering, it shall be the duty of the owner or tenant of lands abutting or bordering on such sidewalks to cause such ice to be strewn with ashes, sawdust, sand, or other material which would have the same effect, within four hours after the same shall have formed upon or adhered to such sidewalk, except when the ice shall have been formed upon or adhered to such sidewalks during the night, and in that case then within four hours after the sunrise of the next following morning, and to keep the ice so strewn with ashes, sawdust, sand, or other material having the same effect, until the ice shall be removed as provided in subsection 10-3.1.
[1973 Code § 9:3-3]
It shall be the duty of the Police Department, at the expiration of the time limit set forth in subsections 10-3.1 and 10-3.2, to notify the owner or tenant of lands abutting or bordering upon the sidewalks of public streets in the Township who have failed to comply with the provisions of this section, to remove all ice and snow from that part of the sidewalks lying in front of their respective premises, as provided in this section, and upon failure to comply with the notice, to summon the violations of the provisions of this section to appear before the Municipal Court to be dealt with in accordance with the provisions of this section. A list of the persons summoned shall be furnished to the Township Committeeman having supervision of roads. Service on nonresident owners shall be either by serving notice on the tenant in possession or, if there be none, by mailing to the last known address of the owner of the property, a copy of the notice, which shall be deemed good and sufficient notice.
[1973 Code § 9:3-4]
The owner or tenant of lands abutting or bordering upon the sidewalks of public streets in the Township, shall remove all grass, weeds and other impediments (not specified in subsection 10-3.1) from those portions of the sidewalks lying in front of their respective premises, within three days after notice to remove the same, which notice may be given by the Township Committeeman having supervision of roads, or on his behalf, in writing, served personally or by mail addressed to the last known address of the owner of the property.
[1973 Code § 9:3-5]
Whenever the owner or tenant of lands abutting or bordering
upon the sidewalks of public streets in the Township shall refuse
or neglect to remove snow, ice, grass, weeds, or other impediments
therefrom, as required by the foregoing subsections, or any notice
given hereunder, the snow, ice, grass, weeds, or other impediments
may be removed by or under the direction of the Township Engineer,
and in the event of the removal of such snow, ice, grass, weeds, or
other impediments, as provided in this subsection, the cost of removal
shall be certified to the Township Committee by the Township Engineer.
The Township Committee shall examine such certificate, and if found
to be correct, shall cause such cost to be charged against such real
estate so abutting upon such sidewalk, and the amount so charged shall
thereupon become a lien and tax upon such real estate and be added
to and be part of the taxes next to be levied and assessed thereon,
and enforced and collected with interest by the same officers and
in the same manner as other taxes.
[1973 Code § 9:3-6]
Nothing in this section shall prevent the Township, by and under
the direction of the Road Committee or Township Engineer, to remove
the ice and snow of absentee owners and to render the bill for the
costs thereof, together with notification that the same has been done,
pursuant to the statutes made and provided, and this section, at the
owner's expense, under the police powers of the Township for
the protection of the public and users of the sidewalks.
[1973 Code § 9:3-7; New]
[1973 Code § 8:2-13]
No person shall, within the limits of the Township, erect or
maintain on any corner lot any fence, structure or planting which
is more than 30 inches in height and within 30 feet of the intersection
of the road right-of-way lines so as to interfere with traffic visibility
across the corner.
[1973 Code § 8:2-14]
No person shall, within the limits of the Township, keep or
maintain on any public or private property any open cistern, open
hole, unsafe structure, dilapidated vehicle or junk which would be
likely to endanger the health or safety of any person.
[Ord. No. 2001-666]
Shall mean those components of a stormwater management facility
which regulate the outflow of the stormwater from the stormwater management
facility, which components may include but shall not be limited to
piping, headwalls, rip rap aprons, emergency spillways, and trash
racks.
Shall mean any owner of the lot, site and or lands upon which
the stormwater management facility is located, including, but not
limited to a homeowner's association, fee simple owner, or otherwise.
Shall mean such routine maintenance of the stormwater management
facility including but not limited to the mowing of vegetation, and
removal and disposal of accumulated particulate material and debris
from the basin, and maintenance and repair of any fencing and landscaping
surrounding the basin.
Shall mean any impoundment basin, detention basin, detention
pool, retention basin, or alternative structure designed to temporarily
retain stormwater runoff as otherwise defined by N.J.S.C. 7:8-1.3.
[Ord. No. 2001-666]
The Township of Green Brook, upon acceptance of improvements and dedication of drainage easements contained on subdivision plat or site plan, shall maintain, repair or replace as needed, those fixtures as defined in subsection 10-6.1 of this section, and shall make such repairs as needed, which may develop in the stormwater management facility.
[Ord. No. 2001-666]
The owner of the lot, site and/or lands upon which the stormwater management facility is located shall be responsible for all routine maintenance of such facility as defined in subsection 10-6.1 of this section. The owner shall also immediately notify the Clerk of the Township of Green Brook of any necessary repairs, replacements or remediation within the stormwater management facility which come to the attention of the owner. The owner shall also maintain, repair or replace as needed, these fixtures as defined in subsection 10-6.1 of this section that have not been accepted by the Township.
[Ord. No. 2001-666]
Any applicant for minor or major subdivision of lands or for
final minor or major site plan approval shall enter into an agreement
with the Township of Green Brook for the routine maintenance of each
stormwater management facility. Such agreement shall be in a form
satisfactory to the Township Attorney and shall include but not be
limited to a maintenance agreement, personal guarantee, deed restrictions,
the grant of an access easement to the Township of Green Brook, covenants
and bonds or performance guarantees, in accordance with the requirements
of N.J.A.C. 5:21-7.5.
[Ord. No. 2001-666]
In the event the Township of Green Brook must perform any maintenance on the stormwater management facility which constitutes routine maintenance as defined in subsection 10-6.1 of this section, the Clerk of the Township of Green Brook shall notify the owner of the property that an assessment in the amount of the cost of such maintenance is pending against the lot, site and/or lands upon which the stormwater management facility is located. The notice shall state the date, time and place fixed for confirmation of the assessment by the Green Brook Township Committee. The Green Brook Township Committee shall confirm the assessments to record the same in the book in which other assessments of the Township are recorded. In the event the owner constitutes an association, the secretary or other officer of the association shall be notified, and the assessment shall be recorded against all properties which are encumbered by the association, the amount of which assessment shall be proportionate to the number of lots encumbered by the association.
[Ord. No. 2001-666]
The provisions of this section, except for subsection 10-6.4, shall apply to all stormwater management facilities within the Township of Green Brook constructed both prior to the enactment of this section.
[Ord. No. 2013-800]
The purpose of this section is to control the planting, growing
or cultivating of invasive plant species within the Township and to
prevent their spread to adjoining properties.
[Ord. No. 2013-800]
As used in this section, invasive plant species is defined as
follows:
Any monopodial (running) tropical or semi-tropical grasses
from the genera Bambusa including, but not limited to, Bambusa, Phyllostachys,
and Pseudosasa as well as Common Bamboo, Golden Bamboo and Arrow Bamboo.
[Ord. No. 2013-800]
a.
No person shall plant, grow, cultivate or permit an invasive plant
species to grow or extend beyond the boundaries of their property.
b.
An invasive plant species may be planted within an above-ground planter,
barrel or other container of such design, material and location so
as to prevent the spread of the invasive plant species beyond the
confines of the container. The invasive plant species shall be located,
trimmed and maintained so that no part of the invasive plant species
extends beyond the boundaries of the property.
c.
An invasive plant species may be planted, grown or cultivated in
the ground no closer than 10 feet from any property line, provided
a properly constructed and maintained barrier system is installed
to prevent the invasive plant species from growing or extending beyond
the boundaries of the property.
[Ord. No. 2013-800]
a.
The provisions of this section may be enforced by the Zoning Officer
or any Deputy Zoning Officer of the Township.
b.
Whenever the Zoning Officer or any Deputy Zoning Officer of the Township
determines there has been a violation of any provision of this section,
notice of such violation shall be served on the property owner of
record by way of certified and regular mail or personal service. The
notice shall specify the nature of the violation and provide the property
owner 30 days from the date of mailing or personal service to correct
the violation. If the violation is not corrected within this thirty-day
period to the satisfaction of the Zoning Officer or Deputy Zoning
Officer, the penalty provisions of this section shall apply.
c.
In the event the property owner fails to correct a notice of violation,
the Township, as authorized by way of Resolution adopted by the Governing
Body, may enter upon the property and perform all necessary work to
correct the violation and bring the property within compliance with
this section. The property owner shall be responsible for all costs
incurred by the Township in correcting the violation and bringing
the property into compliance with this section. The Township may also
place a municipal lien against the property for all costs incurred
by the Township in bringing the property into compliance. The amount
of the lien shall be authorized by way of Resolution adopted by the
Governing Body and become part of the taxes to be assessed and levied
upon the property bearing interest at the same rate as taxes and collected
and enforced in the same manner as the taxes upon the property.
[Ord. No. 2013-800]
a.
Any person who plants, grows, cultivates or permits an invasive plant
species to grow or extend beyond the boundaries of their property
or who is found in violation of any provisions of this section shall
be subject to the violations and penalties set forth herein.
b.
The Township Municipal Court shall have jurisdiction to hear and
decide all complaints pertaining to any violation of this section.
The maximum penalty upon conviction of a violation of this section
shall be a fine not exceeding $1,000 and/or imprisonment in the County
Jail not exceeding 90 days, or both, or community service not exceeding
90 days at the discretion of the Municipal Court Judge. Each and every
day in which a violation of any provision of this section exists shall
constitute a separate violation.
c.
In addition to the penalties set forth herein, any person who violates
the provisions of this section shall be liable for any damages caused
to any adjoining property, including, but not limited to, the cost
of removal of the invasive plant species extending onto the adjoining
property as well as the repair and replacement of any property damaged
by the invasive plant species.
