[Ord. No. 2012-05, § 1]
This chapter shall be known as the "Property Maintenance Code
of the Borough of Harvey Cedars," hereinafter referred to as "this
code."
[Ord. No. 2012-05, § 1]
The provisions of this code 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 fire and other hazards, and for safe and sanitary
maintenance; the responsibility of owners, operators and occupants;
the occupancy of existing structures and premises, and for administration,
enforcement and penalties.
[Ord. No. 2012-05, § 1]
This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and 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 minimum
level of health and safety as required herein.
[Ord. No. 2012-05, § 1]
Unless otherwise expressly stated, the following terms shall,
for the purposes of this code, have the meanings shown in this chapter.
Where terms are not defined through the methods authorized by this
section, such terms shall have ordinarily accepted meanings such as
the context implies.
Secured in a manner that provides positive connection.
Approved by the Code Official.
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
To adjudge unfit for occupancy.
To weaken, disintegrate, corrode, rust or decay and lose
effectiveness.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by the Commissioner
of Community Affairs in compliance with promulgated by the appropriate
federal agencies.
[Added 5-5-2023 by Ord. No. 2023-09]
Any condition that causes exposure to lead from lead-contaminated
dust or soil or lead-contaminated paint that is deteriorated or present
in surfaces that would result in adverse human health effects.
[Added 5-5-2023 by Ord. No. 2023-09]
A person certified by the New Jersey Department of Community
Affairs to perform lead inspection and risk assessment work pursuant
N.J.A.C. 5:17-1.1 et seq.
[Added 5-5-2023 by Ord. No. 2023-09]
The lack of proper maintenance for a building or structure.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building, or having
possession of a space within a building.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food or water; by other
approved pest elimination methods.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
That which is built or constructed or a portion thereof.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
[Added 5-5-2023 by Ord. No. 2023-09]
An open space on the same lot with a structure.
[Ord. No. 2012-05, § 1]
It shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions of this
code.
[Ord. No. 2012-05, § 1]
The Code Official shall serve a notice of violation or order in accordance with § 21-6.
[Ord. No. 2012-05, § 1]
Any person failing to comply with a notice of violation or order served in accordance with § 21-6 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
[Ord. No. 2012-05, § 1]
Any person who shall violate a provision of this code, or fail
to comply therewith, or with any of the requirements thereof, shall
be prosecuted within the limits provided by state or local laws. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
[Ord. No. 2012-05, § 1]
The imposition of the penalties herein prescribed shall not
preclude the legal officer of the jurisdiction from instituting appropriate
action to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop an illegal
act, conduct, business or utilization of the building, structure or
premises.
[Ord. No. 2012-05, § 1]
[Ord. No. 2012-05, § 1]
Such notice prescribed in § 21-6.1 shall be in accordance with all of the following:
a.
Be in writing.
b.
Include a description of the real estate sufficient for identification.
c.
Include a statement of the violation or violations and why the notice
is being issued.
d.
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code.
e.
Inform the property owner of the right to appeal.
[Ord. No. 2012-05, § 1]
[Ord. No. 2012-05, § 1]
Signs, tags or seals posted or affixed by the Code Official
shall not be mutilated, destroyed or tampered with, or removed without
authorization from the Code Official.
[Ord. No. 2012-05, § 1]
Penalties for noncompliance with orders and notices shall be as set forth in § 21-5.4.
[Ord. No. 2012-05, § 1]
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been complied
with; or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
[Ord. No. 2012-05, § 1]
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.
[Ord. No. 2012-05, § 1]
All premises shall be graded and maintained to prevent the erosion
of soil and to prevent the accumulation of stagnant water thereon,
or within any structure located thereon.
[Ord. No. 2012-05, § 1]
a.
All premises and exterior property shall be maintained free from
weeds or plant growth in excess of 16 inches. All noxious weeds shall
be prohibited. Weeds shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs; provided, however, this
term shall not include cultivated flowers and gardens.
b.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with § 21-5.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
[Ord. No. 2012-05, § 1]
All structures and exterior property shall be kept free from
rodent harborage and infestation. Where rodents are found, they shall
be promptly exterminated by approved processes which will not be injurious
to human health. After extermination, proper precautions shall be
taken to eliminate rodent harborage and prevent reinfestation.
[Ord. No. 2012-05, § 1]
Pipes, ducts, conductors, fans or blowers shall not discharge
gases, steam, vapor, hot air, grease, smoke, odors or other gaseous
or particulate wastes directly upon abutting or adjacent public or
private property or that of another tenant.
[Ord. No. 2012-05, § 1]
All accessory structures, including detached garages, fences
and walls, shall be maintained structurally sound and in good repair.
[Ord. No. 2012-05, § 1]
a.
Except as provided for in other regulations, no inoperative or unlicensed
motor vehicle shall be parked, kept or stored on any premises, and
no vehicle shall at any time be in a state of major disassembly or
disrepair, or in the process of being stripped or dismantled. Painting
of vehicles is prohibited unless conducted inside an approved spray
booth.
b.
Exception: A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
[Ord. No. 2012-05, § 1]
Properties shall be maintained free from dead trees when such trees constitute a hazard and may create a potential threat to persons or property within the Borough. Upon failure of the owner or agent having charge of a property to remove such tree or trees after service of a notice of violation, they shall be subject to prosecution in accordance with § 21-5.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the tree or trees growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
[Ord. No. 2012-05, § 1]
Swimming pools shall be maintained in a clean and sanitary condition,
and in good repair.
[Ord. No. 2012-05, § 1]
a.
Private swimming pools, hot tubs and spas, containing water more
than 24 inches (610 mm) in depth shall be completely surrounded by
a fence or barrier at least 48 inches (1,219 mm) in height above the
finished ground level measured on the side of the barrier away from
the pool. Gates and doors in such barriers shall be self-closing and
self-latching. Where the self-latching device is less than 54 inches
(1,372 mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self-closing and self-latching
gates shall be maintained such that the gate will positively close
and latch when released from an open position of six inches (152 mm)
from the gatepost. No existing pool enclosure shall be removed, replaced
or changed in a manner that reduces its effectiveness as a safety
barrier.
b.
Exception: Spas or hot tubs with a safety cover that complies with
ASTM F1346 shall be exempt from the provisions of this section.
[Ord. No. 2012-05, § 1]
The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the
public health, safety or welfare.
a.
Unsafe Conditions. The following conditions shall be determined as
unsafe and shall be repaired or replaced to comply with the International
Building Code or the International Existing Building Code as required
for existing buildings:
1.
The nominal strength of any structural member is exceeded by nominal
loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and of walls
and columns to foundations, is not capable of resisting all nominal
loads or load effects;
3.
Structures or components thereof that have reached their limit state;
4.
Siding and masonry joints, including joints between the building
envelope and the perimeter of windows, doors and skylights, are not
maintained, weather-resistant or watertight;
5.
Structural members that have evidence of deterioration or that are
not capable of safely supporting all nominal loads and load effects;
6.
Foundation systems that are not firmly supported by footings, are
not plumb and free from open cracks and breaks, are not properly anchored
or are not capable of supporting all nominal loads and resisting all
load effects;
7.
Exterior walls that are not anchored to supporting and supported
elements or are not plumb and free of holes, cracks or breaks and
loose or rotting materials, are not properly anchored or are not capable
of supporting all nominal loads and resisting all load effects;
8.
Roofing or roofing components that have defects that admit rain,
roof surfaces with inadequate drainage, or any portion of the roof
framing that is not in good repair with signs of deterioration, fatigue
or without proper anchorage and incapable of supporting all nominal
loads and resisting all load effects;
9.
Flooring and flooring components with defects that affect serviceability
or flooring components that show signs of deterioration or fatigue,
are not properly anchored or are incapable of supporting all nominal
loads and resisting all load effects;
10.
Veneers, cornices, belt courses, corbels, trim, wall facings and
similar decorative features not properly anchored or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects;
11.
Overhang extensions or projections, including, but not limited to,
trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes
and exhaust ducts, not properly anchored or that are anchored with
connections not capable of supporting all nominal loads and resisting
all load effects;
12.
Exterior stairs, decks, porches, balconies and all similar appurtenances
attached thereto, including guards and handrails, are not structurally
sound, not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects; or
13.
Chimneys, cooling towers, smokestacks and similar appurtenances not
structurally sound or not properly anchored, or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects.
[Ord. No. 2012-05, § 1]
All exterior surfaces, including, but not limited to, doors,
door and window frames, cornices, porches, trim, balconies, decks
and fences, shall be maintained in good condition. Exterior wood surfaces,
other than decay-resistant woods, shall be protected from the elements
and decay by painting or other protective covering or treatment. Peeling,
flaking and chipped paint shall be eliminated and surfaces repainted.
[Ord. No. 2012-05, § 1]
Buildings shall have approved address numbers placed in a position
to be plainly legible and visible from the street or road fronting
the property. Numbers shall be a minimum of four inches and contrast
with their background.
[Ord. No. 2012-05, § 1]
All structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live
loads.
[Ord. No. 2012-05, § 1]
Roof water shall not be discharged in a manner that creates
a public nuisance.
[Ord. No. 2012-05, § 1]
Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
[Ord. No. 2012-05, § 1]
Every exterior flight of stairs having more than four risers
shall have a handrail on one side of the stair, and every open portion
of a stair, landing, balcony, porch, deck, ramp or other walking surface
which is more than 30 inches above the floor or grade below shall
have guards not less than 30 inches high above the floor of the walking
surface.
[Ord. No. 2012-05, § 1]
All exterior property and premises, and the interior of every
structure, shall be free from any accumulation of rubbish or garbage.
[Ord. No. 2012-05, § 1]
Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in approved containers.
[Ord. No. 2012-05, § 1]
The owner of every occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible
for the removal of rubbish.
[Added 5-5-2023 by Ord.
No. 2023-09]
a.
The owner
of every single-family, two-family, and/or multiple-dwelling unit
offered for rent shall be required to secure an inspection by the
Borough or hire a lead evaluation contractor to perform the inspection
of the unit for lead-based paint hazards in accordance with the requirements
of this chapter within two years of the effective date of the law,
July 2, 2022, or at tenant turnover, whichever is earlier.
b.
In lieu
of having the dwelling inspected by the Borough’s lead evaluator,
a dwelling owner or landlord may directly hire a private lead evaluation
contractor who is certified to provide lead paint inspection services
by the Department of Community Affairs to perform the lead-based paint
inspection in accordance with N.J.S.A. 52:27D-437.1 et seq.
c.
In accordance
with N.J.S.A. 52:27D-437.16c, a dwelling unit in a single-family,
two-family, or multiple rental dwelling shall not be subject to inspection
and evaluation for the presence of lead-based paint hazards if the
unit:
1.
Has been
certified to be free of lead-based paint;
2.
Was constructed
during or after 1978;
3.
Is in
a multiple dwelling that has been registered with the Department of
Community Affairs as a multiple dwelling for at least 10 years, either
under the current or a previous owner, and has no outstanding lead
violations from the most recent cyclical inspection performed on the
multiple dwelling under the "Hotel and Multiple Dwelling Law," P.L.
1967, c.76 (N.J.S.A. 55:13A-1 et seq.);
4.
Is a single-family
or two-family seasonal rental dwelling which is rented for less than
six months' duration each year by tenants that do not have consecutive
lease renewals; or
5.
Has a
valid lead-safe certification.
d.
The owner,
landlord, and/or agent of every single-family, two-family, or multiple
rental dwelling unit offered for rental shall be required to obtain
an inspection of the unit for lead-based paint hazards every three
years, or at tenant turnover, whichever is earlier.
e.
If lead-based
paint hazards are identified, then the owner, landlord, and/or agent
of the dwelling shall remediate the lead-based paint hazard using
lead abatement or lead-based control methods in accordance with N.J.S.A.
52:27D-437.16d. Upon the remediation of the lead-based paint hazard,
the Borough’s lead evaluation contractor shall conduct an additional
inspection of the unit to certify that the hazard no longer exists.
f.
If no lead-based
paint hazards are identified, then the Borough’s lead evaluator
shall certify the dwelling as lead-safe on a form prescribed by the
Department of Community Affairs, which shall be valid for two years.
g.
Pursuant
to N.J.S.A. 52:27D-437.16e, property owners shall:
1.
Provide
evidence of valid lead-safe certification and the most recent tenant
turnover at the time of the cyclical inspection.
2.
Provide
evidence of a valid lead-safe certification obtained pursuant to this
section to new tenants of the property at the time of tenant turnover
unless not required to have had an inspection by a lead evaluation
contractor or permanent local agency.
3.
Maintain
records of lead-safe certification, which shall include name(s) of
the unit tenant(s), if inspection was conducted during a period of
tenancy.
The fee shall be equal to the amount incurred by the Borough
for the third-party lead inspection services for each unit lead-based
paint inspection. An owner may also directly hire a private lead evaluation
contractor pursuant to lead inspection requirements in accordance
with N.J.S.A. 52:27D-437.16h. An additional fee of $20 per dwelling
unit inspected is due whether or not the inspection is performed by
a private lead evaluation contractor or the Borough for the purpose
of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.7,
et seq.) concerning lead hazard control work, unless the unit owner
demonstrates that the Department of Community Affairs has already
assessed an additional inspection fee of $20 pursuant to the provisions
of section 10 of P.L. 2003, c.311 (N.J.S.A. 52:27D-437.10).
a.
If a
property owner has failed to conduct the required inspection or initiate
any remediation as required by N.J.S.A. 52:27D-437.1 et seq. the owner
shall have 30 days to cure the violation.
b.
If a
property owner fails to cure the violation after 30 days, the property
owner shall be subject to a penalty not to exceed $1,000 per week
until the required inspection has been conducted or remediation efforts
have been initiated.
