This chapter shall be known as the "Property
Maintenance Code of the Borough of Madison" and may be referred to
in this chapter in the short form as the "code" or "chapter."
It is hereby found and declared that there exist
in the Borough structures used for residential and nonresidential
use which are or may become in the future substandard with respect
to structure, equipment or maintenance or further that such conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
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 because of progressive deterioration, certain properties
have the further effect of creating blighting conditions and initiating
slums and that, if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same,
and that by reason of timely regulations and restrictions as herein
contained, the creation and growth of slums and blight may be prevented
and the neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
The purpose of this chapter is to protect the
public health, safety, morals and welfare by establishing minimum
standards governing the maintenance, appearance, condition and occupancy
of residential and nonresidential premises; to establish minimum standards
governing utilities, facilities and other physical components and
conditions essential to make the aforesaid facilities fit for human
habitation, occupancy and use; to fix certain responsibilities and
duties upon owners and operators and distinct and separate responsibilities
and duties upon occupants; to authorize and establish procedures for
the inspection of residential and nonresidential premises; to fix
penalties for the violation of this code; and to provide for the repair,
demolition or vacation of premises unfit for human habitation or occupancy
or use.
A.Â
The following terms wherever used herein or referred
to in this chapter shall have the respective meanings assigned to
them unless a different meaning clearly appears from the context.
All definitions of the latest edition of the Building Officials Conference
of America, Basic Building Code are hereby included by reference.
B.Â
COMMERCIAL VEHICLE
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
FRONT YARD
GARBAGE
INFESTATION
NUISANCE
(1)Â
(2)Â
(3)Â
(4)Â
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
UNOCCUPIED OR VACANT BUILDING
As used in this chapter, the following terms shall
have the meanings indicated:
All trucks, vans, construction equipment and limousines and
other motor vehicles bearing commercial license plates which are in
excess of four tons' net weight.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, crackling, peeling,
rusting or other evidence of physical decay, neglect, lack of maintenance
or excessive use.
Any premises or part of any premises which may be lawfully
viewed by the public or any member thereof.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents, vermin and
other such pests.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at its closest point to the front lot line. Said "front yard" shall
be unoccupied and unobstructed from the ground upward, except as may
be permitted elsewhere in the Madison Borough Code or Madison Land
Development ordinance.[1]
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The presence of rodents, vermin, insects or other pests on
the premises which constitutes a health hazard.
Any condition so defined by common law, the
statutes of the State of New Jersey or the ordinances of the Borough
of Madison;
Any condition which may prove attractive but
detrimental to the health or safety of children;
Physical condition dangerous to human life or
detrimental to health or persons on or near the premises where the
condition exists; or
Any condition which renders air, food or drink
unwholesome or detrimental to the health of human beings.
Any person having actual possession of a premises.
Any person who has charge, care or control of a dwelling
or premises or any part thereof, with or without the knowledge and/or
consent of the owner.
Any person or entity who, alone or jointly or severally with
others, has legal or equitable title in any form to any premises,
with or without actual possession thereof, or who shall have charge,
care or control of any dwelling or premises as owner or agent of the
owner, including but not limited to a fiduciary, executor, administrator,
trustee, receiver or guardian of the estate or as a mortgagee in possession.
A lot, plot or parcel of land, including the buildings or
structures thereon.
All nonputrescible solid wastes, including but not limited
to abandoned vehicles and recreational equipment and parts thereof,
abandoned machinery and parts thereof, household furnishings, dead
animals, debris, junk, appliances, rubbish, scrap lumber, stumps,
tires, trash, grass and yard clippings. (See also "garbage".)
Any structure intended for residential or commercial use
which is not currently occupied or in use. For the purpose of the
enforcement of this chapter, a presumption shall exist that a structure
vacant for six months is not currently occupied or in use.
All structures and premises shall comply with
the appropriate provisions of this chapter, whether or not those structures
and premises have been constructed, altered or repaired before or
after the enactment of this chapter and irrespective of any permits
or licenses which may have been issued for their use or occupancy
prior to the effective date of this chapter. Vacant lots, lands and
premises are also required to comply with all applicable provisions
of this chapter.
No certification of compliance with this chapter
shall constitute a defense against any violation of any other ordinance
of the Borough of Madison applicable to any structure or premises.
A.Â
Owners and operators. Owners and operators shall have
all the responsibilities as prescribed in this chapter, and no owner
or operator shall be relieved from any such duties and responsibilities
nor be entitled to defend against any charge of violation thereof
by reason of the fact that the occupant is also responsible therefor
and in violation thereof.
B.Â
Occupants. Occupants shall have all the responsibilities
and duties as prescribed in this chapter, and the occupant shall not
be relieved from any such duties and responsibilities nor be entitled
to defend against any charge of violation therefor and in violation
thereof by reason of the fact that the owner and/or operator is also
responsible therefore and in violation thereof.
C.Â
Contract not to alter responsibilities. Unless expressly
provided to the contrary in this chapter, the respective obligations
and responsibilities of the owner and operator on the one hand and
the occupant on the other shall not be altered or affected by any
agreement or contract by and between any of the aforesaid or between
them and other parties.
