It is hereby found and declared that there exist in the Township
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance, and
further that such conditions, including but not limited to structural
deterioration, a lack of maintenance or upkeep of essential facilities
and utilities and the existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Township. It is further
found and declared that, by reason of a lack of maintenance and the
ensuing progressive deterioration, certain properties have the further
effect of creating blighting conditions and that, by reason of timely
regulations and restrictions as herein contained, the growth of this
blight may be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities of dwellings and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
It is also found that there is a need to regulate and limit the number
of vehicles and boats that can be parked or stored on properties to
avoid undue congestion and enhance the streetscape and aesthetic appearance
of the community.
The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance and condition of the exterior of residential and nonresidential
premises; to avoid, prevent and eliminate the maintenance of or creation
of hazards to the public health and safety; to avoid, prevent and
eliminate conditions which, if permitted to exist or continue, will
depreciate or tend to depreciate the value of adjacent or surrounding
properties; to prevent the creation, continuation, extension or aggravation
of blight; to regulate and limit the number of vehicles and boats
that may be parked or stored on properties; to fix certain responsibilities
and duties upon owners, operators and occupants of property; and to
provide for the administration and enforcement of this chapter.
In any case where the provisions of this chapter impose a higher
standard than that set forth in any ordinance of the Township or under
the laws of the State of New Jersey, then the standards as set forth
herein shall prevail, but, if the provisions of this chapter impose
a lower standard than any ordinance of the Township or of the laws
of the State of New Jersey, then the higher standard contained in
any such other ordinance or law shall prevail.
Nothing in this chapter shall limit or impair any existing remedies
of the municipality, or its officers or agencies, relating to the
removal or demolition of any buildings or structures which are deemed
to be dangerous, unsafe, or unsanitary.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, be defined as follows:
APPEAL
The process of appealing the actions, determinations and
findings of the enforcement officer to the Township Committee.
DETERIORATION
The condition of a structure or part thereof characterized
by excessive holes, breaks, rot, crumbling, cracking, peeling, rusting
or other evidence of physical blight, decay or neglect, lack of maintenance
or excessive use.
ENFORCEMENT OFFICER
The Zoning Officer, Code Enforcement Officer, Township Engineer
and/or the Washington Township Police Department.
ENGINEER
An engineer licensed by the State of New Jersey and authorized
by the Township to inspect the structural integrity of buildings and
site improvements.
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed
to public view or are visible from the streetscape or from adjoining
or adjacent properties, including all outside surfaces and appurtenances
thereto, and the open space on the premises outside any building or
structure erected thereon.
EXTERMINATION
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poison, spraying,
fumigating or trapping or by any other approved pest-elimination method.
FIRE HAZARD
Anything or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fires or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
GARBAGE
Animal and vegetable wastes, excluding garden composts, resulting
from the handling, preparation, cooking and consumption of food.
GROUND COVER
Grass or similar vegetative plantings, excluding weeds, intended
to create a desirable visual appearance and prevent soil erosion and
excessive mud and dust.
NUISANCE
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, any of its agencies or this chapter; any physical condition
existing in or on the exterior of any premises, which is potentially
dangerous, detrimental or hazardous to the health or safety of persons
on, near or passing in proximity of the premises where said condition
exists.
OCCUPANT
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of, residing, living or sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this chapter.
OPERATOR
Any person, persons or entity, not the owner, who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal or equitable
title, in any form whatsoever, to any premises or part thereof, or
who shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or agent of the owner or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part of or all of any building, structure or land shall be deemed
to be a co-owner with the lessor for the purposes of this section
and shall have responsibility over that portion of the premises so
sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
RUBBISH
All combustible and noncombustible waste materials, other
than garbage and garden composts, including but not limited to the
following: paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metal, mineral matter, glass,
crockery and the residue from burning wood, coal, coke or other combustible
material and solid commercial and industrial waste.
STORAGE
No vehicle as described in this section shall remain in such storage for longer than two consecutive weeks not exceeding one month in total in a 365-day period, unless otherwise approved as in §
53-8A(10).
TOWNSHIP COMMITTEE
The Township Committee of the Township of Washington, County
of Warren.
VEHICLE
Automobile, truck, van, motorcycle, boat or similar device
used for transportation.
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this chapter, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder, nor may any such person or entity assert as a defense against
any charge made under this chapter that another owner, operator or
occupant or any other third person or entity is also responsible therefor
and in violation thereof.
In all cases where any brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris are removed
from any lands by the Township under the provisions of this chapter,
the municipal officers of the municipality in charge of the removal
of said material shall certify the cost thereof to the Township Committee.
Upon receipt of this certificate of cost, the Township Committee shall
examine the same and, if found correct, shall cause the cost as shown
thereon to be charged against the property from which said material
was removed. The amount so charged shall become a lien upon such lands
and shall be added to and become part of the taxes next to be assessed
and levied upon said lands. Said lien shall bear the same interest
rate as taxes and shall be collected and enforced by the officers
of the municipality in the same manner as taxes.
Nothing contained in this chapter, or any requirement of compliance
herewith, shall be deemed to alter, impair or affect the application
of the Zoning Ordinance or zoning laws of the municipality.