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:
DETERIORATION
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.
EXTERIOR OF PREMISES
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.
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, trapping or by any other approved pest-elimination methods.
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 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.
GARBAGE
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
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 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.
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, 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.
PREMISES
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
RIGHT-OF-WAY/STREET LINE
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]
RUBBISH
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.
SIGHT TRIANGLE
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.