A.
Scope. The provisions of this article shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
B.
Responsibility. The owner of the premises shall maintain the structures
and exterior property in compliance with these requirements, except
as otherwise provided for in this code. A person shall not occupy
as owner-occupant or permit another person to occupy premises which
are not in a sanitary and safe condition and which do not comply with
the requirements of this article. Occupants of a dwelling unit, rooming
unit or housekeeping unit are responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
A.
Sanitation. 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.
B.
Grading and drainage. 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.
(1)
Exception: approved retention areas and reservoirs.
C.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair and maintained free from hazardous conditions.
D.
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches in height. 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. 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 § 100-6C 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.
E.
Rodent harborage. 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.
F.
Exhaust vents. 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.
G.
Accessory structures.
(1)
All accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
(a)
Definition of "accessory structure." An accessory structure
is a structure on the same parcel of property as a principal structure
(dwelling or commercial) and the use of it is incidental and subordinate
to the principal structure.
(b)
Accessory structures most commonly include garages and multilevel
parking structures, which are open or enclosed, detached and attached,
below grade, and/or above or below street level; garden utility sheds
or storage sheds; detached decks or detached gazebos and similar buildings.
Swimming pools are also accessory structures, but are regulated separately
in the Zoning Ordinance.[1] (See § 100-16.)
(c)
Accessory structures may be located in the rear or side yard
of a residential or commercial property.
(2)
Owners of commercial or multifamily residential dwelling units with
a parking structure(s), including open or enclosed, detached or attached,
below grade and above or below street level, shall be required to
submit signed and sealed evaluation reports stating the integrity
and condition of their respective parking structure every five years
effective upon adoption of this chapter. The evaluation report shall
include a completion schedule for any and all mandatory repairs and
maintenance. Repair work that requires a permit shall be obtained
through the Building Department. This chapter shall not apply to detached
wood frame garages.
(a)
An initial escrow fee in the amount of $5,000 shall accompany
the mandatory evaluation report for accessory structures regardless
of the number of parking spaces. When the reviewing authority deems
necessary, additional fees shall be posted to cover the cost of their
services until the repair and/or maintenance is completed. Unexpended
fees shall be returned to the property owner.
[Amended 2-22-2022 by Ord. No. 07-2022]
H.
Motor vehicles. 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, disrepair, or in the process of being stripped or dismantled.
Painting of vehicles is prohibited unless conducted inside an approved
spray booth.
(1)
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.
I.
Defacement of property. No person shall willfully or wantonly damage,
mutilate or deface any exterior surface of any structure or building
on any private or public property by placing thereon any marking,
carving or graffiti. It shall be the responsibility of the owner to
restore said surface to an approved state of maintenance and repair.
J.
Vacant lots. All grass must be cut between the sidewalks; on properties
where there are no sidewalks, then the grass must be cut a minimum
of 20 feet behind the face of the curb or the edge of the street pavement
where no curb exists. No grass or weeds shall be permitted to grow
to a height in excess of 10 inches.
(1)
Exception: Where land conditions prevent the ready accessibility
of an individual to cut grass, weeds and similar growth or where especially
large properties are involved, the Chief Maintenance Inspector may
deviate from the provisions of this subsection.
K.
Lots on which structures exist. All lawns, hedges, shrubs, bushes,
weeds and growth or vegetation of any kind shall be cut from the curbline
or the edge of the pavement when there is no curb to the rear property
line and from side property line to side property line. All lawns,
hedges, shrubs, bushes, weeds and growth or vegetation of any kind
shall be kept trimmed and shall not be permitted to grow to a height
in excess of 10 inches.
L.
Items not permitted on exterior of property. Except as provided in § 100-21.1, it shall be unlawful to store in an unenclosed area on the exterior of the premises:
[Added 3-14-2023 by Ord.
No. 09-2023]
(1)
Any bulky household items such as appliances or non-outdoor furniture.
(2)
Construction material and equipment, including, but not limited to,
ladders, scaffolding, cement, concrete, building blocks, sheetrock,
plywood, studs or beams, sand and aggregate piles, fuel storage devices,
pipes, cement mixers, and excavating equipment, for more than 60 days.
(3)
Landscaping equipment and supplies, including, but not limited to,
mowers, chippers, shredders, pavers, mulch in bags or piles, for more
than 60 days.
(4)
Tires and other motor vehicle equipment and parts.
A.
Swimming pools. Swimming pools shall be maintained in a clean and
sanitary condition, and in good repair.
B.
Enclosures. 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.
(1)
Exception: Spas or hot tubs with a safety cover that complies with
ASTM F 1346 shall be exempt from the provisions of this subsection.
A.
General. 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.
B.
Protective treatment. 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. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, doors,
and skylights shall be maintained weather resistant and watertight.
All metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion and all surfaces with rust or corrosion
shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
C.
Premises identification. Buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street
or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of four inches (102 mm) high with a minimum
stroke width of 0.5 inch (12.7 mm).
D.
Structural members. All structural members shall be maintained free
from deterioration and shall be capable of safely supporting the imposed
dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rodents and other pests.
F.
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
G.
Roofs and drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
H.
Decorative features. All cornices, belt courses, corbels, terra-cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
I.
Overhang extensions. All overhang extensions, including, but not
limited to, canopies, marquees, signs, metal awnings, fire escapes,
standpipes and exhaust ducts, shall be maintained in good repair and
be properly anchored so as to be kept in a sound condition. When required,
all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
J.
Stairways, decks, porches and balconies. 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.
K.
Chimneys and towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe and
sound and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
L.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
M.
Window, skylight and door frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weathertight.
N.
Insect screens. During the period from April 1 to October 1, every
door, window and other outside opening required for ventilation of
habitable rooms, food preparation areas, food service areas or any
areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall
be supplied with approved tightly fitting screens of not less than
16 mesh per inch (16 mesh per 25 mm), and every screen door used for
insect control shall have a self-closing device in good working condition.
(1)
Exception: Screens shall not be required where other approved means,
such as air curtains or insect repellant fans, are employed.
O.
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 100-41C.
P.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
Q.
Guards for basement windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
R.
Building security. Doors, windows or hatchways for dwelling units,
room units or housekeeping units shall be provided with devices designed
to provide security for the occupants and property within.
(1)
Doors. Doors providing access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped
with a deadbolt lock designed to be readily openable from the side
from which egress is to be made without the need for keys, special
knowledge or effort and shall have a lock throw of not less than one
inch (25 mm). Such deadbolt locks shall be installed according to
the manufacturer's specifications and maintained in good working
order. For the purpose of this section, a sliding bolt shall not be
considered an acceptable deadbolt lock.
(2)
Windows. Operable windows located in whole or in part within six
feet (1,828 mm) above ground level or a walking surface below that
provide access to a dwelling unit, rooming unit or housekeeping unit
that is rented, leased or let shall be equipped with a window sash
locking device.
(3)
Basement hatchways. Basement hatchways that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or
let shall be equipped with devices that secure the units from unauthorized
entry.
S.
Boarded-up vacant buildings. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety. In those instances
when it is necessary to temporarily board up any structure, the boarding
shall be performed in a workmanlike manner in accordance with the
following standards:
(1)
All boarding material must be of a type designated for exterior use;
(2)
All windows and doors must have a custom fit with boarding materials
securely attached to completely cover the window or door opening;
(3)
All boarding material must be white or of the same color as the structure
being boarded;
(4)
The boarding shall be for a period not to exceed 90 days.
A.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Occupants shall keep that part of the structure which they
occupy or control in a clean and sanitary condition. Every owner of
a structure containing a rooming house, housekeeping units, a hotel,
a dormitory, two or more dwelling units or two or more nonresidential
occupancies shall maintain, in a clean and sanitary condition, the
shared or public areas of the structure and exterior property.
B.
Structural members. All structural members shall be maintained structurally
sound and be capable of supporting the imposed loads.
C.
Interior surfaces. All interior surfaces, including windows and doors,
shall be maintained in good, clean and sanitary condition. Peeling,
chipping, flaking or abraded paint shall be repaired, removed or covered.
Cracked or loose plaster, decayed wood and other defective surface
conditions shall be corrected.
D.
Stairs and walking surfaces. Every stair, ramp, landing, balcony,
porch, deck or other walking surface shall be maintained in sound
condition and good repair.
E.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
F.
Interior doors. Every interior door shall fit reasonably well within
its frame and shall be capable of being opened and closed by being
properly and securely attached to jambs, headers or tracks as intended
by the manufacturer of the attachment hardware.
General. Every exterior and interior 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 (762 mm)
above the floor or grade below shall have guards. Handrails shall
not be less than 30 inches (762 mm) high or more than 42 inches (1,067
mm) high measured vertically above the nosing of the tread or above
the finished floor of the landing or walking surfaces. Guards shall
not be less than 30 inches (762 mm) high above the floor of the landing,
balcony, porch, deck, or ramp or other walking surface.
A.
Exception: Guards shall not be required where exempted by the adopted
building code.
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of rubbish or garbage.
B.
Disposal of rubbish. Every occupant of a structure shall dispose
of all rubbish in a clean and sanitary manner by placing such rubbish
in approved containers.
(1)
Rubbish storage facilities. 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.
(2)
Refrigerators. Refrigerators and similar equipment not in operation
shall not be discarded, abandoned or stored on premises without first
removing the doors.
C.
Disposal of garbage. Every occupant of a structure shall dispose
of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers.
(1)
Garbage facilities. The owner of every dwelling shall supply one
of the following: an approved mechanical food waste grinder in each
dwelling unit; an approved incinerator unit in the structure available
to the occupants in each dwelling unit; or an approved leakproof,
covered, outside garbage container.
(2)
Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
A.
Infestation. All structures shall be kept free from insect and rodent
infestation. All structures in which insects or rodents are found
shall be promptly exterminated by approved processes that will not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
B.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
C.
Single occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
D.
Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior properly. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupant shall be responsible for extermination.
[Added 3-14-2023 by Ord.
No. 09-2023]
A.
Storage containers for residential use. This subsection governs storage
containers for use by residential property owners and/or contractors
doing work on residential property zoned R-2 through R-100.
(1)
Permit for residential container. No person shall place or allow
to be placed any storage container on residential property in excess
of five days without first obtaining a permit from the Building Department.
All such storage container permits shall be issued for a maximum of
60 days. The fee for the permit shall be $50 and may be renewed up
to two times in a calendar year. A person shall be provided a two-day
grace period to remove the storage container following expiration
of the permit.
(2)
Rules and regulations: residential storage containers.
(a)
No person shall have more than one storage container at a residential
property.
(b)
Each storage container shall prominently display the name address
and telephone number of the owner of the storage container.
(c)
The storage container shall not be larger than 130 square feet
in area, and no side may be longer than 18 feet.
(d)
No storage container shall store material that is subject to
regulation by the New Jersey Uniform Construction Code and/or the
New Jersey Uniform Fire Code.
(e)
No storage container shall be connected by any means to any
utility such as electric, water, sewer or gas.
(f)
The storage container must be kept in good condition, free from
evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks. The storage container must remain
locked when not in use.
B.
Storage containers for nonresidential use. This subsection governs storage containers used for construction on property in zoning districts other than those governed by Subsection A. It shall apply to storage containers placed on any public or private property within the City of Hackensack except for roll-off containers and dumpsters on City streets and municipally owned parking lots, which are regulated by Chapter 93 of the Code of the City of Hackensack.
(1)
Permit for nonresidential storage container. No person shall
place or allow to be placed any storage container or dumpster on property
governed by this section without first obtaining a permit from the
Building Department. The annual permit fee shall be $250 per storage
container with a maximum permit fee of $2,500 per property owner.
The dumpster fee shall be $250 for 60 days, renewable twice.
(2)
Rules and regulations: nonresidential storage containers.
(a)
Each storage container shall prominently display the name, address
and telephone number of the owner of the storage container.
(b)
No storage container shall be placed on any site more than 24
hours prior to commencement of work, and it must comply with the regulations
of the Board of Health and the Fire Code.
(c)
There shall be no more than one storage container per 5,000
square feet of property, i.e., 10,000 square feet may hold up to two
storage containers.
(d)
No storage container shall be connected to or with any structures,
containers or trailers.
(e)
No storage container shall be modified by cutting in a door,
nor shall it be occupied by any persons.
(f)
No storage container shall be connected by any means to any
utility such as electric, water, sewer or gas.
(g)
Storage shall not be permitted on top of any storage container.
(h)
No storage container shall be closer than six feet from any
lot line or 10 feet from any building or structure on the property.
(i)
Storage containers shall not be used to store any material which
is subject to regulation by the New Jersey Uniform Construction Code
and/or the New Jersey Uniform Fire Code.
(j)
Storage containers are not permitted in parking areas.
(k)
The storage container must be kept in good condition, free from
evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks. The storage container must remain
locked when not in use.
