This chapter shall be known as the "Property
Maintenance Code of the Township of Saddle Brook" and may be referred
to in this chapter as the "Property Maintenance Code" or as "this
code."
Pursuant to the authority granted by N.J.S.A.
40:48-2, the purposes of this code are hereby stated to be:
A. To provide for the public health, safety and welfare.
B. To avoid, prevent and eliminate the maintenance or
creation of hazards to the public health or safety.
C. 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.
D. To prevent the creation, continuation, extension or
aggravation of blight.
E. To preserve property values in the Township.
F. To prevent the physical deterioration or progressive
downgrading of the quality of housing facilities in the Township.
G. To maintain the value and economic health of the commercial
properties and businesses that serve and help to support the Township
and its citizens.
H. To prevent and eliminate physical conditions in or
on property which constitute nuisances and are thereby potentially
dangerous or hazardous to the life, health or safety of persons on
or near the premises where such conditions exist.
I. To establish minimum standards governing the maintenance
and condition of land, buildings, structures and premises in the Township.
J. To fix responsibilities and duties thereof upon owners,
lessees, operators and occupants of property.
K. To provide for administration and enforcement.
L. To fix penalties for the violation of this code.
For the specific purposes of this code, the
following terms, whenever used herein or referred to in this code,
shall have the respective meanings assigned to them hereunder unless
a different meaning clearly appears from the context:
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto; and the open land
space of any premises outside of any building or structure erected
thereon.
NUISANCE
A.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, its governmental agencies or the ordinances of
the Township of Saddle Brook.
B.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of premises where said condition exists.
OCCUPANT
Any person residing, living or sleeping in or on the premises
or having actual possession, use or occupancy of a dwelling premises
or rooming unit, or any person or entity in possession of or using
any premises, or part thereof, whether or not the owner thereof and
regardless of the duration of time of such possession, use or occupancy.
OPERATOR
Any person, persons or entity not the owner, who has charge,
care or control of a dwelling or premises, 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 a 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 or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this chapter and
shall have responsibility over the portion of the premises so sublet,
leased or assigned.
PREMISES
A lot, plot or parcel of land, right-of-way or multiple thereof
including the building or structures thereon.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, mineral matter, plastic,
rubber, leather, furniture, household goods, appliances, bedding,
scrap lumber, scrap metal, construction material, inoperable machinery
or parts thereof, garden or farming implements and supplies, dead
or rotting vegetation, tires, abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste.
Every residential and nonresidential building,
structure, lot and the premises or part of the premises on which it
is situated in the Township of Saddle Brook, previously or presently
used or intended to be used for dwelling, commercial, business, recreational,
service, transportation, institutional, religious, charitable, quasi-public,
public professional or industrial occupancy and uses accessory thereto,
shall comply with the provisions of this code, whether or not any
such building or structure shall have been constructed, altered or
repaired before or after the enactment of this code, and irrespective
of any permits or licenses which may have been issued for the use
or occupancy of such buildings or for the installation or repair of
equipment or facilities prior to the effective date of this code.
Vacant lots, lands and premises are also required to comply with the
provisions of this chapter.
In any case where the provisions of this code
impose a higher or stricter standard than set forth in any other ordinance
or regulation of the Township of Saddle Brook or under the laws or
regulations of the State of New Jersey or any of its agencies, then
the standards as set forth herein shall prevail, but if the provisions
of this code impose a lower or lesser standard than any other regulation
or ordinance of the Township of Saddle Brook or the laws and regulations
of the State of New Jersey or any of its agencies, then the higher
standard contained in any such other ordinance or regulation shall
prevail.
Compliance with this code shall not constitute
a defense against any violation of any other ordinance of the Township
of Saddle Brook applicable to any structure or premises, nor shall
any one act of compliance constitute a defense against any subsequent
or other violation of this code.
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this code,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder, nor be entitled to assert as a defense
against any charge made against him or them for violation of this
code, by the fact that another owner, operator or occupant or any
other third person or entity is also responsible therefor and in violation
thereof.
Any alterations to buildings, structures or
appurtenances thereto, or changes of use therein, which may be caused
directly or indirectly by the enforcement of this code shall be done
in accordance with all applicable sections of the Building Code of
the Township of Saddle Brook.
Nothing contained in the code or any requirement
of this code 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 Township of Saddle Brook.
Nothing in this code shall be deemed to abolish
or impair existing remedies of the Township of Saddle Brook or its
officers or agencies relating to the removal or demolition of any
buildings or structures which are deemed to be dangerous, unsafe or
insanitary.
In furtherance of the purposes of this chapter,
it shall be the duty and responsibility of the owner, operator or
occupant of the premises to comply with any or all of the requirements
and standards of this chapter; to keep the premises free of conditions
which constitute violation hereof; and to promptly remove, prevent
or abate such conditions.
[Amended 7-13-2000 by Ord. No. 1209]
This chapter shall be enforced by the Property
Maintenance Officer, and such officer shall, in pursuance of his or
her duties herein, be deemed, for purposes of this chapter, the enforcement
officer.
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 by service of notice as set forth in §
154-14 reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonable necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the enforcement officer any such person shall be afforded a hearing before the Township Council of the Township of Saddle Brook as soon as is reasonably possible. After such a hearing and decision by the Township Council as to the existence or nonexistence of the emergency condition, the Township Council may continue such order in effect, or modify or withdraw it, subject to issuance of a summons for violation thereof, if such order is continued.
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, upon conviction,
be punished as follows:
A. For a first offense, by a fine not to exceed $50.
B. For a second offense, by a fine not to exceed $200.
C. For a third offense or any subsequent offenses by
a fine not to exceed $500, or by imprisonment in the county jail for
a period not to exceed 90 days, or by both such fine and imprisonment.
Each violation of any of the provisions of this chapter, and each
day that each such violations shall continue shall be deemed to be
a separate and distinct offense.
In any case where a provision of this code is
found to be in conflict with or inconsistent with a provision of any
other ordinance or code of this municipality which establishes a lower
standard for the promotion and protection of the safety, health and
welfare of the people, the provisions of this code shall prevail,
and such other ordinances or codes or parts thereof are hereby declared
to be repealed to the extent that they may be so found to be in conflict
with this code.
This code shall not apply to the placement of
refuse, rubbish or trash for collection by the Township of Saddle
Brook pursuant to Ordinance No. 677 of the Township of Saddle Brook
as heretofore or hereafter amended or supplemented.
The owner of any tree growing on private property
which shall be deemed by the enforcement officer to constitute a danger
to public health or property shall, upon 10 days' written notice,
directed to said owner at said owner's last known mailing address
cause said tree to be removed or properly pruned or cut back as directed
by said enforcement officer. In the event the owner of said tree shall
fail to comply with the notice and the instructions therein, said
enforcement officers shall be authorized under this Article to effect
the removal or pruning of said tree, and the cost for said removal
or pruning shall be charged against the property involved and shall
be collected by the Township of Saddle Brook in the same manner as
taxes assessed against said property. This provision shall be in addition
to all other penalties herein set forth for the violation of the provisions
of this chapter.
All terms and words used in this chapter shall
be deemed and construed to include any other number, singular or plural,
and any other gender, masculine, feminine or neuter, as the context
or sense of any paragraph or clause herein may require.
[Added 9-10-1998 by Ord. No. 1167; amended 12-29-1998 by Ord. No. 1173]
All dwelling units, townhouses or any other residential buildings or structures shall be required to maintain at least one carbon monoxide detector device in each dwelling unit thereof. Every carbon monoxide detector shall be operated from an electric 110v A/C source or battery or other alternative power source. All such carbon monoxide detectors shall be inspected for and required in conjunction with any application for a new certificate of occupancy as set forth in §
206-84F of the Saddle Brook Code.
[Added 3-12-2015 by Ord.
No. 1588-15]
A. Purpose. The Township of Saddle Brook has increased concerns over
carbon monoxide (CO) hazards. The purpose of this section is to insure
protection of individuals outside of residential environments.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ADULT DAY-CARE CENTER
A facility for the supervised care of older adults, providing
activities such as meals and socialization one or more days a week
during specified daytime hours. The participants, primarily persons
with physical and/or mental limitations who need socialization, physical
assistance, and/or psychologic assistance, return to their homes each
evening. The program is often used as respite by family members caring
for an older person who cannot be left alone safely in the home.
DAY-CARE CENTER
An establishment caring for children by a person(s) other
than their legal guardians. Day care is typically an ongoing service
during specific periods, such as the parents' time at work. Services
may include but are not limited to education, child development, discipline
and preschool education.
NURSERY SCHOOL or PRESCHOOL
Educational establishment offering early childhood education
to children between the ages of three and five. "Nursery school" shall
include privately operated or government-run centers, and the costs
may be subsidized.
NURSING HOME
A privately operated establishment providing maintenance
and personal or nursing care for persons (such as the aged or the
chronically ill) who are unable to care for themselves properly.
C. Required locations. In every structure housing a licensed nursery
school, day-care facility, adult day-care center, or nursing home,
a carbon monoxide detector shall be installed and maintained at the
following locations.
(1) Within 10 feet of any area used for sleeping or napping.
(2) One detector shall be located for each 1,000 square feet of sleeping
or napping area.
(3) Detectors must be located as designated by the Fire Official.
D. Specifications and maintenance.
(1) The device shall be manufactured, listed and labeled in accordance
with UL 2034 and installed in accordance with NFPA 720.
(2) Detectors shall be battery-operated or wall plug-in with battery
back-up. When carbon monoxide detection is part of an automated fire
alarm system, the provisions of this section are satisfied.
(3) Detectors shall be replaced per manufacturer's recommendation.
(4) Detector batteries shall be changed every six months or earlier as
needed. A log must be kept of the battery replacement for each detector.
The log shall contain the location of the detector, date of replacement
and signature of person replacing battery. The log shall be available
upon request of the Fire Official or Building Inspector.
E. Installation, enforcement and penalties.
(1) It shall be the duty of the Fire Official or a designated representative
to enforce the provisions of this section.
(2) The Fire Official shall perform an initial placement survey within
60 days of the adoption of this section and notify in writing all
licensed nursery schools, day-care centers, adult day-care center
facility and nursing home of the need to install and maintain carbon
monoxide detectors. The licensed nursery school or day-care center
must install the required carbon monoxide detector(s) upon 30 days'
notice from the Fire Official.
(3) Each CO detector shall be tested and the replacement logs reviewed
during regular fire code inspections.
(4) Failure to comply with any provision of this Section shall be subject
to the fines and penalties pursuant to the Uniform Fire Code Section
901.4.1, Fire Protection Systems, and/or $150 per day until satisfied.
F. Precedence. If county or state governments subsequently adopt requirements
for carbon monoxide detection that contradict this section, then the
rules of the highest jurisdiction shall govern.
G. Limitation of liability. This shall not be construed to hold the
Township of Saddle Brook, its officers or employees responsible for
any injury to persons or damage to property by reason of the inspection
or reinspection authorized herein, or failure to inspect or reinspect
as herein provided or by reason of the approval or disapproval of
any fire alarm system or carbon monoxide detector authorized herein.
[Added 4-2-2015 by Ord.
No. 1591-15]
The owner(s) of any real property in the Township upon which
any fire hydrant is located shall maintain the area within a five-foot
radius of the perimeter of any such fire hydrant free of snow and
ice so that there is no impediment to the use of the fire hydrant.
The removal of snow and/or ice shall be completed within 24 hours
of daylight after the snow has formed or fallen on or around any hydrant.
A. Failure to comply. Failure of the owner(s) noted in §
154-23 above to remove the snow and/or ice within the time frame specified therein may result in the Township removing the snow and/or ice at the expense of the owner.
B. Enforcement. This section shall be enforced by the Department of
Public Works and/or the Police Department.
C. Violations and penalties. Any person found to be in violation of
this section shall be subject to a fine, upon communication, of an
amount not to exceed $500 per occurrence.