[HISTORY: Adopted by the Mayor and Council
of the Borough of Shrewsbury 3-13-1989 by Ord. No. 587 (Ch. 60A of the 1973 Code).
Amendments noted where applicable.]
This chapter shall be known as the "Property
Maintenance Code of the Borough of Shrewsbury."
It is hereby found and declared that there exist
in the Borough 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, lack of maintenance or upkeep
of essential facilities and utilities and 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 Borough. It is further found and declared that, by reason of lack
of maintenance and 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.
The purpose of this code 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 fix certain responsibility and duties upon owners, operators
and occupants of property; and to provide for administration and enforcement
of this chapter.
All vacant lots shall comply with the provisions
of this code, and every residential and nonresidential structure used
for residential, commercial, business or industrial occupancy, including
vacant structures, and the premises on which it is situate in the
Borough, shall comply with the provisions of this code, whether or
not such structure shall have been constructed, altered or repaired
before or after the enactment of this code and irrespective of any
permits or licenses which shall have been issued for the use or occupancy
of the structure or for the installation or repair of equipment or
facilities prior to the effective date of this code.
In any case where the provisions of this code
impose a higher standard than that set forth in any ordinance of the
Borough 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 code
impose a lower standard than any ordinance of the Borough 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 purpose of this chapter, be defined as follows:
The condition of a structure, or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
The Code Enforcement Officer or his authorized representative.
Those portions of a building or structure which are exposed
to public view or are visible 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.
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, trapping or by any other approved pest-elimination methods.
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 fire 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.
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
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 code. 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.
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.
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.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession 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.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street as distinct from a sidewalk line, curbline or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Borough of Shrewsbury, the street line shall be considered to be the
proposed right-of-way line for the street. Where a definite right-of-way
has not been established, the street line shall be assumed to be at
a point 25 feet from the center line of the existing pavement.
[Added 7-7-2003 by Ord. No. 809]
All combustible and noncombustible waste materials other
than garbage, including but not limited to the following: paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery and the
residue from burning wood, coal, coke or other combustible material
and solid commercial and industrial waste.
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines or the projection of such lines which border a corner property,
and by a line connecting a point on each line located 50 feet from
the intersection of the street lines for Borough streets and as required
by Monmouth County for county roads and the New Jersey Department
of Transportation for state roads.
[Added 7-7-2003 by Ord. No. 809]
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this chapter,
and no such persons 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.
A.
Exterior of premises. The exterior of all premises
shall be kept free from hazards and nuisances which include, but are
not limited to, the following:
(1)
Garbage and rubbish, as defined in this chapter.
(2)
Unsafe structures: structurally unsafe or unsound
buildings, structures or fences or abandoned, uncovered or structurally
unsound walls, shafts, towers, exterior cellar openings, basement
hatchways, foundations or excavations and abandoned septic tanks or
cesspools.
(3)
Discarded appliances and plumbing fixtures: abandoned
refrigerators, boilers, hot-water heaters, television sets and other
similar major appliances, sinks, bathtubs, commodes and other plumbing
fixtures.
(4)
Overhangings: loose and overhanging objects, whether
natural or man-made, and accumulations of ice and snow which, by reason
of location above ground level, constitute a threat to the health
and safety of people if caused to fall.
(5)
Ground surface hazards: hidden or uncovered ground
or surface hazards, such as holes, sudden depressions, excavations,
sharp or jagged projections or obstructions.
(6)
Recurring accumulations of stormwater: stagnant surface
or ground water accumulations of water which create or are likely
to create insect breeding areas.
(7)
Infestation: rodents, vermin, pest infestations and
conditions causing the same.
(8)
Lawn and landscaping: overgrowth or neglect of reasonable
maintenance of landscape plantings and ground covers, including failure
to remove in a timely manner dead or diseased trees and shrubbery,
or parts thereof. Trees, hedges and shrubbery shall not obstruct walkways
or streets and obscure vision of persons using same.
[Amended 7-7-2003 by Ord. No. 809]
(a)
Trees shall be pruned in such a manner that
branches will hang not less than eight feet over sidewalks and walkways
and 13 feet over roadways. Hedges and/or shrubbery bordering walkways
shall be pruned a minimum of three inches from walkways and in such
a manner to prevent branches from obstructing or hindering pedestrians
using walkways.
(b)
Hedges and/or shrubbery planted, altered or
replanted in any zone in the Borough shall not exceed six feet above
ground level, except as follows: hedges and/or shrubbery located in
the front yard shall not exceed 30 inches in height. All hedges and/or
shrubbery must be planted within the property lines; and no hedge
or shrubbery shall be planted so as to encroach upon a public right-of-way.
(c)
Hedges and/or shrubbery shall not be located
in any required sight triangle or in a public right-of-way. No hedge
and/or shrubbery higher than 30 inches above curb level shall be permitted
on any lot within the sight triangular area.
(9)
Inoperable vehicles: vehicles or parts thereof, including
boats and trailers, motorized or not, regardless of whether licensed
or registered, which vehicles or parts thereof have been dismantled
or are in a state of visible disrepair or in an abandoned condition.
B.
Structural soundness. Every structure and accessory
structure, and every part thereof, shall be kept structurally sound
and in a state of good repair to avoid safety, health and fire hazards,
including but not limited to the following:
(1)
Foundation walls: inadequate or unsafe foundation
walls, piers and columns and other similarly unsound, damaged or defective
load-bearing components which are incapable of supporting the imposed
loads safely at all points.
(2)
Exterior porches, landings, balconies, stairs and
fire escapes: structurally unsound, loose, dangerous, crumbling, missing,
broken, rotted or unsafe exterior portions of buildings or structures,
including but not limited to porches, landings, balconies, stairways,
handrails, steps, walls, overhangs, roofs, fences, supporting members,
timbers, abutments, fire escapes, signs and eaves, crumbling or falling
bricks, blocks, mortar or plaster.
(3)
Projecting surfaces: exterior surfaces or parts of
buildings or structures containing sharp, rough or projecting surfaces
or objects which might cause injury to persons coming in contact therewith.
(4)
Windows, doors, etc.: broken glass or windows; rotten,
missing or substantially destroyed window frames and sashes, door
frames, exterior doors or other junior exterior component parts of
buildings or structures.
(5)
Exterior walls, sidings and roof: exterior walls,
sidings, gutters and leaders and roof shall be kept structurally sound,
in good repair and free from defects.
(6)
Exterior chimneys: exterior chimneys shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed.
C.
Steps, walks, driveways and parking lots. Steps, walks,
driveways, parking areas, parking lots, parking spaces and similar
areas shall be maintained so as to afford safe passage under normal
use and weather conditions. Any holes or other hazards that may exist
shall be filled, or necessary repairs or replacement shall be performed
promptly.
D.
International Property Maintenance Code; adoption by reference. A document, marked and designated as “The International Property Maintenance Code, 2009,” published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Borough of Shrewsbury for the control of buildings and structures as provided in the code; and each and all of the regulations of the International Property Maintenance Code are adopted and made a part of this section as fully as if set forth in this section, unless specifically set forth to the contrary by ordinance. Commencing on the effective date of this Subsection D, the most recent version of the International Property Maintenance Code shall be designated and adopted as the Borough’s Property Maintenance Code. Three copies of this code are on file in the office of the Borough Clerk. The terms “certificate of occupancy” and “certificate of compliance” shall be synonymous.
[Added 10-18-2010 by Ord. No. 951]
A.
Enforcement officer. It shall be the duty and responsibility
of the Code Enforcement Officer of the Borough to enforce the provisions
of this code as herein provided. "Code Enforcement Officer," throughout
this chapter, shall also mean subordinates of the Code Enforcement
Officer.
B.
Coordination of enforcement. Inspection of premises
and the issuing of orders in connection therewith under the provisions
of this code shall be the exclusive responsibility of the Code Enforcement
Officer. Wherever, in the opinion of the Code Enforcement Officer,
it is necessary or desirable to have inspections of any condition
by any other department, he shall arrange for this to be done. No
order for correction of any violation under this code shall be issued
without the approval of the Code Enforcement Officer.
C.
Inspections.
(1)
The enforcement officer is authorized to enter upon
any land at any reasonable time for the purpose of performing his
duty, with the consent of the property owner.
(2)
In the event that a property owner refuses such consent,
the enforcement officer is authorized to apply to the Judge of the
Shrewsbury Municipal Court for an administrative search warrant. The
Judge may issue such warrant upon review of an affidavit of the enforcement
officer setting forth the following:
(a)
The precise regulatory purpose of the proposed
search.
(b)
The frequency of previous requests for such
warrants affecting the subject premises, if any.
(c)
The exact scope of the search sought, setting
forth the area or areas of the premises to be searched.
(d)
The exact manner in which the search is to be
conducted.
(3)
All warrants so issued shall be limited to the purpose,
scope and manner of the search as set forth in the affidavit, and
all searches conducted pursuant to this section shall be as strictly
set forth in such warrants.
(4)
No search conducted pursuant to such administrative
search warrant shall take place other than during the hours of 8:00
a.m. to 6:00 p.m., unless the enforcement officer demonstrates that
an emergency exists and the public health, safety and welfare requires
such search during earlier or later hours, as the case may be.
(5)
The inspections authorized hereunder are in addition
to those which may be authorized by the laws of the State of New Jersey.
D.
Enforcement procedure. Whenever an enforcement officer
determines that there is or has been a violation of any provision
of this chapter, he shall give notice of such violation to the person,
persons or entities responsible therefor under this section. Such
notice shall be in writing and shall include a concise statement of
the reasons for its issuance. Such notice shall be deemed to be properly
and sufficiently served if a copy thereof is sent by regular mail
to the last known address of the person or entity upon which the same
is served, as shown by the most recent tax records of the municipality,
or a copy thereof handed to said person or persons or a copy thereof
left at the usual place of abode or office of said persons or entities.
Notice shall be given as aforesaid within or without the municipality.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted within 30 days of the date of service
of such notice (exclusive of the date of service), a summons shall
be issued for such violation. The enforcement officer may extend the
period for compliance with the requirements of this section in regard
to the violation stated in the notice for a period in excess of the
aforesaid 30 days if, in his judgment, the abatement, removal, prevention,
cessation or cure of the condition violated cannot reasonably be effected
within the thirty-day period; and in such cases, the enforcement officer
shall state such reasonably required extended period of notice, which
shall then be applicable, instead of the aforesaid 30 days. In the
event that the violation is not abated, removed, cured, prevented
or desisted from or otherwise fully remedied within said thirty-day
period or within such extended period as set forth in the notice,
pursuant to the foregoing, a summons shall be issued against the person,
persons, entity or entities so notified. Any extension beyond 60 days
must be approved by the Mayor and Council of the Borough of Shrewsbury.
E.
Emergency conditions. Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order to protect by service of notice as set forth in Subsection D above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, and upon objection, in writing, to the enforcement officer, any such person shall be afforded a hearing before the governing body of the Borough as soon as is reasonably possible. After such a hearing and decision by the governing body as to the existence or nonexistence of the emergency condition, the governing body may continue such order in effect or modify or withdraw it, subject to the issuance of a summons for violation thereof if such order is continued.
A.
Any person or entity who shall violate any of the
provisions of this chapter or any order promulgated hereunder shall,
after a summons is issued under the terms hereof, and upon conviction,
be subject to a fine of not less than $50 nor more than $1,250, a
term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
B.
For purposes of this section, each and every calendar
day on which a violation exists may be considered to be a separate
and distinct violation.
A.
This chapter is in addition to and supplements the
following ordinances:
B.
The adoption of this chapter is not in any way intended
to be a repealer, either explicitly or implied, of any of the aforesaid
ordinances or any other ordinances now in existence or subsequently
adopted by the Borough of Shrewsbury.
