[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, 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.
[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.
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.