Township of Byram, NJ Article III General Requirements

§ 186-13 Scope; responsibility; vacant structures and land.

A. Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

B. Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in §§ 186-18 and 186-19. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this chapter.

C. Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

§ 186-14 Definitions applicable to Property Maintenance Code.

General. The following words and terms shall, for the purposes of this article and as stated elsewhere in this chapter, have the meanings shown herein:

BASEMENT

That portion of a building which is partly or completely below grade.

EXTERIOR PROPERTY

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION

The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

INFESTATION

The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.

LET FOR OCCUPANCY OR LET

To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

OCCUPANT

Any person living or sleeping in a building or having possession of a space within a building.

OPERATOR

Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON

An individual, corporation, partnership or any other group acting as a unit.

PREMISES

A lot, plot or parcel of land including any structures thereof.

PUBLIC NUISANCE

Includes any of the following:

A. The physical condition or occupancy of any premises regarded as a public nuisance at common law;

B. Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;

C. Any premises that has unsanitary sewerage or plumbing facilities;

D. Any premises designated as unsafe for human habitation;

E. Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured so as to endanger life, limb or property;

F. Any premises from which the plumbing, heating or facilities required by this chapter have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or on which the required precautions against trespassers have not been provided;

G. Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds or dead or dying trees; or

[Amended 12-21-2009 by Ord. No. 15-2009]

H. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.

RUBBISH

Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials.

STRUCTURE, MEMBRANE

Any accessory building or structure that uses canvas, plastic, or other pliable material as a roof, and is supported in any manner.

[Added 5-15-2018 by Ord. No. 10-2018]

TENANT

A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

YARD

An open space on the same lot with a structure.

§ 186-15 Exterior property areas.

A. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition and free of public nuisance. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition and free of public nuisance.

[Amended 12-21-2009 by Ord. No. 15-2009]

B. Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon; exception: water retention areas and reservoirs approved by the Code Official.

C. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Stairs shall comply with the requirements of §§ 186-16J and 186-40I.

D. Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

E. Rat harborage. All structures and exterior property shall be kept free from rat infestation. Where rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent infestation.

F. Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

G. Accessory structures.

[Amended 5-15-2018 by Ord. No. 10-2018]

(1) All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

(2) All membrane structures shall be maintained in good repair. Membranes or supports in disrepair (e.g., exhibiting rips, cuts, major patching/taping, sagging) shall be removed, replaced, or adequately repaired.

H. Motor vehicles.

(1) Except as provided for in other regulations, not more than one currently unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled.

(2) Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

§ 186-16 Exterior structure.

A. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

B. Exterior painting. All wood and metal surfaces, including, but not limited to, window frames, doors, door frames, cornices, porches and trim, shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.

C. Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in arabic numerals at least three inches (76 mm) high and one-half-inch (13-mm) stroke.

D. Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.

E. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.

F. Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials, and maintained weatherproof and properly surface coated where required to prevent deterioration.

G. Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

H. Decorative features. All cornices, beltcourses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

I. Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

J. Stair and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 186-40I.

K. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

L. Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

M. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

N. Window and door frames. Every window, door and frame shall be kept in sound condition, good repair and weathertight.

(1) Glazing. All glazing materials shall be maintained free from cracks and holes.

(2) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

O. Insect screens.

(1) During the period from May 1 to October 1, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch, and every swinging door shall have a self-closing device in good working condition.

(2) Exception: Screen doors shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.

P. Doors. All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.

Q. Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water.

R. Guards for basement windows. Every basement window that is openable shall be supplied with ratproof shields, storm windows or other approved protection against the entry of rats.

§ 186-17 Interior structure.

A. General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel or a dormitory, two or more dwelling units or two or more nonresidential occupancies shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

B. Structural members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads.

C. Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

D. Lead-based paint. Interior and exterior painted surfaces of dwellings and child- and day-care facilities, including fences and outbuildings, which contain lead levels equal to or greater than 1.0 milligram per square centimeter or in excess of 0.50% lead by weight shall be maintained in a condition free from peeling, chipping and flaking paint or removed or covered in any approved manner. Any surface to be covered shall first be identified by approved warnings as to the lead content of such surface.

E. Stairs and railings. All interior stairs and railings shall be maintained in sound condition and good repair.

F. Stairs and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 186-40I.

G. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

§ 186-18 Rubbish and garbage.

A. Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.

B. Disposal of rubbish.

(1) Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

(2) Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.

C. Disposal of garbage.

(1) Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

(2) Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

§ 186-19 Extermination.

A. Infestation. All structures shall be kept free from insect and rat infestation. All structures in which insects or rats are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent infestation.

B. Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

C. Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination of the premises.

D. Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.

E. Occupant.

(1) The occupant of any structure shall be responsible for the continued rat-free condition of the structure, and if the occupant fails to maintain the rat-free condition, the cost of extermination shall be the responsibility of the occupant.

(2) Exception: Where rat infestations are caused by defects in the structure, the owner shall be responsible for extermination.