[Adopted 7-22-1975 by Ord. No. 3002; amended
in its entirety 10-26-2004 by Ord.
No. 4842 (Ch. 406, Art. II, of the 2004 Code)]
It is hereby found and determined that, by reason
of lack of maintenance and resulting progressive deterioration, the
condition of certain properties has the effect of creating blighting
conditions and that, if the 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. Timely regulations and restrictions as indicated
in this article will prevent the creation of blighting conditions
and the maintenance of neighborhood and property values. The enhancement
of neighborhoods and the public health, safety and welfare would be
protected and fostered.
The purpose of this article is to protect the
public health, safety, morals and welfare by establishing minimum
standards governing the conditions of maintenance of dwelling units
and to fix certain responsibilities and duties upon owners; to authorize
and establish procedures for the inspection of such dwellings and
to fix penalties for the violation of this article. This article is
hereby declared to be remedial and essential for the public interest,
and it is intended that the same shall be liberally construed to effectuate
the purposes herein stated.
Every dwelling used for human habitation, garages
or other outbuildings shall comply with the provisions of this article,
whether or not such dwelling or other structure shall have been constructed,
altered or repaired before or after enactment of this article and
irrespective of any permits or licenses which shall have been issued
for the use or occupancy of said dwelling or other structure, or for
the construction or repair of the same. It is the purpose of this
article to establish minimum standards for such dwellings, and this
article does not replace or modify standards otherwise established
for the construction, repair, alteration or use of any said dwellings
or other structures.
In any case where the provisions of this article
impose a higher standard than that set forth in any other ordinance
of the Township or under any law of the State of New Jersey, then
the standards as set forth herein shall prevail; but if the provisions
of this article impose a lower standard than any such ordinance or
law, then and in that event, the higher standard contained in any
other such ordinance or law shall prevail.
As used in this article, the following words
shall have the meanings indicated:
A building or structure or part thereof containing one or
more dwelling units.
Every foundation, floor, wall, building, door,
window, roof or other part of a building shall be kept in good repair
and capable of the use intended by its design, and any exterior part
or parts thereof subject to corrosion or deterioration shall be kept
well painted or otherwise provided with a protective treatment sufficient
to prevent deterioration.
The Public Officer, as herein designated, may
order the owner to paint the exterior walls of any such dwelling,
when such walls have so deteriorated as to warrant the need for repainting
in order to prevent aggravated deterioration of such exterior wall.
[Amended 2-24-2009 by Ord. No. 5088; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
A.
All lots and premises, with or
without buildings thereon, designed for residential purposes shall
be clean and free from garbage, rubbish and debris, as well as unsightly
natural growth, and from any and all conditions which might result
in a hazard to safety. All grass, hedges and shrubbery shall be kept
trimmed and shall not be permitted to become overgrown and unsightly.
All fences surrounding vacant or occupied lands herein described shall
be kept in good repair.
B.
Storage trailer.
(1)
STORAGE TRAILER
Definition. As used in this
section, the following terms shall have the meanings indicated:
A receptacle or container that is suitable for the depositing
of household furniture, clothing and similar materials for the purpose
of storage of same by the owner of property in the Township of Union.
(2)
Prohibitions and allowances.
(a)
All storage trailers are
prohibited from being placed on any property within the Township of
Union, except as otherwise set forth herein.
(b)
A single storage container
of 1,200 cubic feet or less (exclusive of sheds) shall be permitted
on a lot in the Township of Union on a temporary basis as set forth
hereafter. It shall be located in: (i) the rear yard of the lot; (ii)
in the driveway of the lot; or (iii) where it cannot be viewed from
the street or public right-of-way. As it relates to (ii), in the event
that the Township of Union determines that it is not reasonably possible
to place the container at least 10 feet from the lot line, the owner
with the approval of the Township of Union may place the container
in the driveway closer than 10 feet from the lot line so long as the
container does not obstruct pedestrian or vehicular traffic flow or
view.
(3)
Permit and fees.
(a)
No storage container shall
be placed on any lot until a permit is obtained from the Superintendent
of Public Works or his/her designee. An application for the permit
must be submitted to the Superintendent of Public Works or designee
for a permit, which application shall:
[1]
Identify the owner
of the lot and/or the tenant(s), if applicable;
[2]
The address on which
the storage container is to be placed;
[3]
The size of the storage
container in cubic feet;
[4]
The exact proposed
location on the lot where the storage container will be placed, including
the approximate number of feet that the container will be located
from the property line;
[5]
The reason for the
storage container, and the length of time that the storage container
will need to be on the lot.
(b)
All applications for a
permit must include a fee of $30. The fee, together with a complete
application, must be delivered to the Department of Public Works for
approval.
(c)
The permit will be valid
for a period of 60 days and can be renewed for one additional period
of 60 days for an additional fee of $50. Under no circumstances shall
trailers remain on a lot in excess of 120 days from issuance of initial
permit.
A.
The owner or
occupant shall be responsible for the maintenance of the area abutting
such property between the street property line and pavement or roadway,
including landscape ground cover, construction of curbing and/or sidewalk
and reconstruction and/or replacement of defective or hazardous curb
and sidewalk. The aforementioned area shall not be paved by the owner
or occupant unless specifically authorized by the Public Officer in
writing.
B.
Sidewalk and
curbing shall be cast-in-place concrete or Belgian block conforming
to current Township specifications. The use of wood, precast concrete,
rocks or any material other then cast-in-place concrete or Belgian
block is specifically prohibited.
C.
The Public Officer
could, at the request of the Township Committee or through his own
initiative, direct the construction of curbing or its reconstruction
as required.
The Construction Code Official of the Township
of Union is hereby designated as the Public Officer to exercise the
powers prescribed by this article. He may appoint or designate such
other public officials or employees of the Township to perform such
duties as may be necessary for the enforcement of this article, including
the making of inspections and holding hearings.
The Public Officer is hereby authorized and directed to make or cause to be made inspections to determine the conditions set forth in §§ 440-12, 440-13, 440-14 and 440-15 hereof, in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
For the purpose of this article, the Public
Officer may determine that a building or the surrounding property
or vacant land, as herein described, is injurious to the health and
safety of the occupants thereof, or of neighboring buildings of other
residents of the Township; such conditions may include, but without
limiting the generality of the foregoing, dilapidation, disrepair,
uncleanliness; or conditions deleterious to the well-being of the
general public with reference to vacant land not properly maintained
as required by this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whenever a petition is filed with the Public
Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or
by at least five residents of the Township or it appears to the Public
Officer on his own motion that any building is in a state of dilapidation,
disrepair or uncleanliness; or the exterior is in need of painting;
or conditions exist which are deleterious to the well-being of the
general public with reference to vacant or occupied land not properly
maintained as required by this article, the Public Officer shall,
if his preliminary investigation discloses the above, issue and cause
to be served upon the owner of the premises in question a complaint
stating the charges and the basis therefor and containing a notice
that a hearing will be held before the Public Officer or his designated
agent at a place then fixed, not less than seven days nor more than
30 days after the serving of said complaint and that the owner of
the premises in question shall be given the right to file an answer
to the complaint and to appear in person or by counsel and give testimony
concerning the charges. The rules of evidence of the State of New
Jersey shall not be controlling in hearings before the Public Officer.
The Public Officer may determine the necessity for a hearing.
A.
If, after the
notice and hearing provided for herein, the Public Officer determines
that the building is in a state of dilapidation, disrepair or uncleanliness,
or the exterior thereof is in need of painting, or conditions deleterious
to the well-being of the general public with reference to vacant land
not properly maintained as required by this article, he shall state,
in writing, his findings of fact in support of such determination
and shall issue and cause to be served upon the owner thereof an order
requiring the correction of the aforesaid deficiencies, and if the
owner fails to make the correction directed in said order, within
the time set forth therein, then and in that event, said owner shall
be guilty of a violation of this article.
B.
At the option
of the owner, in lieu of making the required corrections, said owner
may cause the premises to be vacated and closed within the time set
forth in said order.
C.
If the building
is in such a condition as to make it dangerous to the health and safety
of persons on or near the premises and the owner fails to repair,
alter or improve said building within the time specified in the order,
then the owner shall be required to remove or demolish said building
within a reasonable time as specified in said order of removal.
D.
If the owner
fails to comply with an order to repair, alter or improve, or at the
option of the owner to vacate and close the building, the Public Officer
may cause such building to be repaired, altered or improved or to
be vacated and closed, in which latter event the Public Officer may
cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
E.
If the owner
fails to comply with an order to remove or demolish the building,
the Public Officer may cause such building to be removed or demolished
or may contract for the removal or demolition thereof after advertisement
for and bids therefor in accordance with the New Jersey Public Contracts
Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The amount of the cost of the filing of legal
papers, expert witnesses' fees, search fees and advertising charges,
incurred in the course of any proceeding taken under this article,
determined in favor of the municipality, and such costs of such repairs,
alterations or improvements, or vacating and closing, or removal or
demolition, if any, or the amount of the balance thereof remaining
after deduction of the sum, if any, realized from the sale of materials
derived from such building or from any contract for removal or demolition
thereof, shall be a municipal lien against the real property upon
which such cost was incurred. If the building is removed or demolished
by the Public Officer, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
thereof the proceeds of any sale of such materials or any sum derived
from any contract for the removal or demolition of the building. If
there are no such credits or if the sum total of such costs exceeds
the total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Municipal Tax Assessor
or other custodian of the records of tax liens, and a copy thereof
shall be forthwith forwarded to the owner by certified mail. If the
total of the credits exceeds such costs, the balance remaining shall
be deposited in the Superior Court by the Public Officer, shall be
secured in such manner as may be directed by such court and shall
be disbursed according to the order or judgment of the court to the
persons found to be entitled thereto by final order or judgment of
such court; provided, however, that nothing in this section shall
be construed to impair or limit in any way the power of the municipality
to define and declare nuisances and to cause their removal or abatement,
by summary proceedings or otherwise. Any owner or party in interest
may, within 30 days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
The Public Officer is hereby authorized and
empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this article,
including the following, in addition to others herein granted to administer
oaths, affirmations, examine witnesses and receive evidence, and to
make and adopt such written rules and regulations as he may deem necessary,
and that the Township Committee approves by resolution, for the proper
enforcement of the provisions of this article; provided, however,
that such rules and regulations shall not be in conflict with the
provisions of this article nor in anywise alter, amend or supersede
any of the provisions thereof. The Public Officer shall file a certified
copy of all such rules and regulations in his office and in the office
of the Township Clerk.
Any person, firm or corporation aggrieved by
any act of the Public Officer may appeal in writing such act of said
Public Officer to the governing body within 20 days of such act of
said Public Officer and request a hearing thereon by said governing
body. The governing body shall hold a hearing on said appeal within
21 days after the filing of the notice of appeal. At said hearing,
the appellant may be represented by counsel. The governing body is
empowered to vacate any finding in whole or in part of said Public
Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be subject to one or
more of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $2,000
or by a period of community service not exceeding 90 days, to become
effective on the effective date of this section.
[Added 6-28-2005 by Ord. No. 4884]
A.
Construction
and demolition activity, power tools, landscaping, snow removal and
yard maintenance equipment, excluding emergency work, when performed
or used in a residential zone or property, shall not be operated or
performed between the hours of 8:00 p.m. and 8:00 a.m., Monday through
Saturday, except that on Sunday, there shall be no operation before
9:00 a.m. and after 6:00 p.m.
B.
All motorized
equipment used in these activities shall be operated with a muffler.
