[Amended in entirety 12-14-2021 by Ord. No. 12-14-2021. Prior history includes 1982 Code § 3-11; Ord. 5-11-88; Ord. 5-9-95; Ord. No. 2-25-14(1); Ord. No. 2-25-14(2).]
Editor's Note: See also Chapter 3, Conduct and Prohibitions, Section 3-16, Storage of Unlicensed Motor Vehicles.
[Added 12-14-2021 by Ord. No. 12-14-2021]
There is adopted by reference a certain code known as the International Property Maintenance Code, 2021 (IPMC). The Code,[1] which is printed in book form, is adopted by reference as the housing and property maintenance code of the Borough for the control of buildings and structures as herein provided; a copy of the printed code, so plainly marked as to indicate deletions, modifications, changes and amendments thereto, as hereinafter shown and is a part hereof as fully as though it had been set forth at length herein.
The IPMC shall be amended, supplemented or portions of it may be deleted at the discretion of the Governing Body.
[1]
Editor's Note: References to the International Property Maintenance Code are referred to as "the Code" or "this Code" in Section 12-1.
[Added 12-14-2021 by Ord. No. 12-14-2021]
a. 
Title. These regulations shall be known as the International Property Maintenance Code of the Borough of Victory Gardens and shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards and for a reasonable level or sanitary maintenance; the responsibility of owners, and owner's authorized agent, operator and occupant; the occupancy of existing structure and premises, and for administration, enforcement and penalties.
b. 
Purpose. The purpose of this Code is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a reasonable minimum level of health, safety and general welfare as required herein.
c. 
Severability. If a section subsection, sentence, clause or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.
[Added 12-14-2021 by Ord. No. 12-14-2021]
a. 
General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply. Where, in a specific case, different section of this Code specifies different requirement, the most restrictive shall govern.
b. 
Maintenance. Equipment, systems, devices and safeguards required by this Code or a previous regulation or code under which the structure of premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner's authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises.
c. 
Appearance of Exterior of Premises and Structures, General Maintenance. The exterior of every structure and its appurtenances shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safely and fire hazards eliminated and adjoining properties protected from blighting influences.
d. 
Existing Remedies. The provisions in this Code shall not be construed to abolish or impair existing remedies of Victory Gardens or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe or unsanitary conditions.
e. 
Workmanship. Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions.
f. 
Application of Other Codes. Repairs, additions or alteration to as structure or changes of occupancy shall be done in accordance with procedures and provisions established by other codes used in the maintenance community.
[Added 12-14-2021 by Ord. No. 12-14-2021]
a. 
Exterior Property Areas. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that the occupant occupies or controls in a clean and sanitary condition.
b. 
Grading and Drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within and structure located therein. However, approved pools and retention areas are excepted.
c. 
Sidewalks and Driveways. Sidewalks, walkways, stairs, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions including accumulation of leaves and other debris. Sidewalks are to be snow and ice free. Removal of same is to be completed no later than 12 hours of daylight following a storm. In the event ice on the sidewalk is so frozen as to make removal impractical, the frozen area is to be thoroughly covered with sand, ashes, sawdust or rock salt no later than 12 hours of daylight following a storm.
d. 
Height of Hedges, Walls and Fences at Intersections. The owner or tenants of lands lying within the limits of the Borough shall keep all brush, hedges, and other plant life growing within 25 feet of the intersection of two or more streets, cut to a height of not more than two and one half feet, the governing body having determined that limiting such height is in the interests of public safety. The owner or tenant of lands lying within the limits of the Borough shall not erect, construct, maintain, suffer or permit any fence encumbrances wall on the owner or tenant's lands within 10 feet of any street and within 25 feet of the intersection of two or more streets, to a height of not more than two and one half feet, the governing body having determined that limiting such height is in the interest of public safety. In no event shall an owner or tenant of land permit vegetation or fences to rise above the height of two and one half feet where such grown or construction shall impair the vision and safe use of persons using the street in the Borough.
e. 
Landscaping. Premises with landscaping and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property. Lawns with grass higher than 10 inches shall be presumed in violation of this Section. Grass, weeds and all other vegetation shall be maintained cut for a minimum distance 25 feet from such adjoining property lines. Premises with landscaping and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property.
f. 
Outdoor Storage and Maintenance. It shall be unlawful for any residential property owner, or tenant, to store or permit storage of any bulky household waste, including, but not limited to household appliances, furniture, mattresses, refrigerators, washing machines, dryers or like material to be stored outside a residential structure. The exterior of premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner to keep the premises free of hazards, which include, but are not limited to the following:
1. 
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and other debris, broken gym equipment, inoperable bicycles and such instruments, articles and devices which in the normal course are not items kept outdoors.
2. 
Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
3. 
Overhangings. Loose and overhanging objects, and trees, limbs and branches and objects with accumulations of ice and snow, which by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof, or causing damage to neighbors property.
4. 
Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps re-placed and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
5. 
Recurring accumulations of stormwater. Adequate run-off drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of storm water.
6. 
Sources of infestation.
7. 
Foundation. Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
8. 
Chimneys and all flue and vent attachments. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and be so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
9. 
Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling and the same shall be kept structurally sound, in good repair and free from defects.
g. 
Appearance of Exterior of Premises and Structures; General Maintenance. The exterior of every structure (including fences) shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safely and fire hazards eliminated and adjoining properties and adjoining protected from blighting influences.
h. 
Yard Waste Collection. Sweeping, raking, blowing or otherwise placing yard waste (leaves, twigs, etc.) that is not in a bio-degradable bag and not placed at the curb or along the street is only allowed on collection days and shall not be placed closer than 10 feet from any storm drain inlet. Street, for the purposes of this Code shall mean any street, avenue, boulevard or any public roadway paved or unpaved.
i. 
Storage of Tires. It shall be unlawful for any residential property owner to store tires except in a fully enclosed structure.
j. 
Inoperable/Unlicensed Vehicles. It shall be unlawful for any person to keep, permit or store any motor vehicle, trailer or semitrailer which is (1) missing tires, wheels, engine, or any other essential part; (2) which is not currently used for transportation on a regular basis; or (3) which does not display a current valid State license plate and inspection sticker; or (4) which is wrecked, partially disassembled, any such vehicle on the public right of way may be removed by the Borough at the owner's expense.
k. 
Parking on Grass Prohibited. It shall be unlawful for any property owner or tenant to park or permit the parking of any vehicle on his or her lawn except if a foundation of gravel, crushed stone or macadam is installed.
l. 
Disposal of Grass, Weeds, Etc. The blowing or disposing of grass, weeds or other vegetation clippings, into the street or public right-of-way, by either the property owner or the lawn maintenance contractor, is prohibited. All leaves must be bagged in bio-degradable bags.
m. 
Bird and Wildlife Feeding. The purpose of this section is to prohibit excessive feeding of wildlife and birds as to create a disturbance, nuisance, public health or unsightly condition by placing of large amounts of bird feed, grain, or other food on the ground, as this can present a health, safety and welfare concern and create unsightly conditions, and large concentrations of wildlife, noise and other disturbances. Excessive feeding of bird and wildlife in residential area has an unreasonable adverse effect on the use and enjoyment of neighboring residential properties. The provisions herein are intended to curb such adverse effect by prohibiting excessive wildlife and birdfeeding and bird feeders.
n. 
Penalties. For all offenses a court appearance in Municipal Court is mandatory and in addition:
1. 
For the first offense a $100 fine shall be imposed.
2. 
For the second offense within the same winter season a $200 fine shall be imposed.
3. 
For the third offense within the same winter season a $500 fine shall be imposed.
4. 
For any subsequent offense within the same winter season a $500 fine shall be imposed.
[Ord. 9/27/05 § 1]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Victory Gardens, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. 9/27/05 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a biodegradable bags only such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is in an existing State, County or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD
Shall mean leaves and grass clippings.
[Ord. 9/27/05 § 3]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. 9/27/05 § 4]
The provisions of this section shall be enforced by the municipal officials of the Borough of Victory Gardens.
[Ord. 9/27/05 § 5]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,250.
[Added 11-14-2017 by Ord. No. 11-14-17]
The parking of mobile homes, trailers, campers, and commercial vehicles is prohibited in residential districts with the following exceptions:
a. 
For the purposes of this section a commercial vehicle is identified as any vehicle bearing commercial license plates and is registered with the New Jersey Motor Vehicle Commission as Code 11 and having a gross vehicle weight of not more than four tons.
b. 
As defined above, only one commercial vehicle for each residential unit shall be permitted to be parked overnight with the proviso set forth below.. In no event shall there be more than one commercial vehicle registered to each residential unit. Every commercial vehicle that is parked overnight, shall be registered with the Borough.
1. 
In order to be permitted to be parked overnight the vehicle cannot have more than four wheels and must be parked either on a driveway as defined in this section or in the rear yard or side yard of the premises, and such parking area is to be covered with asphalt, brick, cement, concrete or crushed stone.
2. 
No excavation equipment or dump trucks are permitted to be parked within the Borough except if their presence is necessitated by ongoing construction and which construction is pursuant to applicable permits issued by the Borough.
c. 
Trailers are identified by the Motor Vehicle Commission as either for commercial use or personal use. Commercial trailers have a Motor Vehicle Code of 19 or 21. Personal trailers have a Motor Vehicle Code of 22. Only Personal trailers are allowed to be parked within the Borough.
d. 
No mobile home, trailer, camper, boat or any motor vehicle shall be occupied as a residence, or sleeping quarter, or used for storage while parked in the Borough.
e. 
Every mobile home and/or trailer or camper parked in the Borough shall have a current, valid registration and bear valid, current license plates and shall be roadworthy including having tires that are fully inflated, windows that are not broken and have no visible missing parts.
f. 
Every mobile home, trailer or camper parked in the Borough must be registered to either the owner or tenant of the premises upon which it is parked.
g. 
No more than two mobile homes, trailers, or campers or any combination of such vehicles are permitted for each residence.
h. 
Any vehicle as described in this section parked in the Borough must be parked on a surface covered with asphalt, brick, cement, concrete or crushed stone.
[Amended 3-27-2018 by Ord. No. 3-27-18]
i. 
Boats transported by a trailer shall not be parked on any residential property unless loaded onto a trailer properly registered and bearing current, valid license plates.
j. 
No vehicle discussed in this section shall measure more than 25 feet from the front measurable point to the most rear measurable point.
k. 
Only two vehicles as discussed in this section shall be permitted to park in the front yard of the residential premises. Any other vehicle shall be parked in the side yard or rear yard only.
l. 
In no event shall any vehicle overlap onto the public sidewalk.
m. 
In the event the premises in question has two front yards as understood within the Borough the residents of such premises shall determine which of the front yards is to be considered a rear yard.
[Added 11-14-2017 by Ord. No. 11-14-17]
Unless another penalty expressly provided by New Jersey Statutes, every person convicted of a violation of a provision of this section or any supplement thereto shall be liable to a penalty of not more than $100 or a term of imprisonment of not more than 15 days for the first offense and $200 and/or a term of 30 days for each offense thereafter.