[HISTORY: Adopted by the Township of Howell
by Ord. No. O-85-19 (§ 3-13 of the 1974 Code). Amendments
noted where applicable.]
The Township of Howell finds that certain unsafe,
unsanitary or unhealthy conditions tend to occur at various commercial
and industrial properties in the Township unless proper maintenance
procedures are followed. Since many persons are attracted to and actually
use the facilities at these commercial and industrial properties,
the public health, safety and welfare require prevention of unsafe,
unsanitary and unhealthy conditions on any commercial and industrial
properties in the Township.
This chapter shall be known as the "Commercial
and Industrial Maintenance Code of the Township of Howell."
The purpose of this chapter is to protect health,
safety and welfare by establishing minimum standards governing the
exterior maintenance of commercial and industrial premises; to prescribe
certain responsibilities and duties on owners and operators, and prescribe
distinct and separate responsibilities and duties on occupants; to
authorize and establish procedures for the inspection of commercial
and industrial premises; to fix penalties for violations of this chapter;
and to provide for the right of access to permit repairs when necessary.
This chapter is declared to be remedial and essential for the public
interest, and it is intended that it be liberally construed to effectuate
the purposes stated herein.
As used in this chapter, the following terms
shall have the following meanings:
Indicating that as a result of a general inspection of the
visible parts of the building, no violations have been determined
to have occurred and no unsafe conditions have been found, and that
the existing use of the building has heretofore lawfully existed.
[Added 12-13-2011 by Ord. No. O-11-46]
A change from one use to another use in a building or tenancy
or portion thereof.
[Added 12-13-2011 by Ord. No. O-11-46]
A lot or tract of land on which, or on any part of which,
commercial or industrial activity of any kind takes place. Such activity
includes all commercial and industrial uses permitted, conditionally
permitted or allowed as a preexisting nonconforming use in any zoning
district within the Township of Howell.
[1]The exterior facades or external portions of a building and
the open space of any premises outside of any building erected thereon
which are exposed to public view.
The presence of insects, rodents, vermin or other pests on
the premises in sufficient numbers to constitute a health hazard in
the opinion of the Township Health Officer.
Any common-law nuisance or as provided by the
laws of the State of New Jersey or ordinances of the Township.
Any attractive nuisance which may prove detrimental
to the health or safety of children whether in a building or on a
lot. This includes, but is not limited to, the following: structurally
unsound fences or structures, lumber, trash, fences, debris.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Unsanitary conditions or anything unreasonably
offensive or dangerous to health or safety.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings, or whatever creates
an unreasonable nuisance through odor or noise so as to deprive adjacent
owners of the quiet enjoyment of their property.
Fire hazards.
A person having actual possession of any commercial or industrial
premises or any part thereof.
A person who has charge, care or control of commercial or
industrial premises, or any part thereof, whether with or without
the consent of the owner.
A person who, alone or jointly with others, has legal or
equitable title to any commercial or industrial premises, with or
without accompanying actual possession; or has charge, care or control
of any commercial or industrial premises as owner or agent of the
owner or as fiduciary, including but not limited to an executor, executrix,
administrator, administratrix, trustee, receiver or guardian of an
estate, or as a mortgagee in possession, regardless of how such possession
was obtained. Any person who is a lessee, subletting or reassigning
any part or all of a commercial or industrial premises shall be deemed
to be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned.
One or more buildings or parts thereof designed as a unit,
to be occupied by one or more businesses for the conduct of businesses
primarily engaged in retail merchandising.
A.
This chapter establishes minimum standards for the
initial and continued occupancy and use of all commercial and industrial
premises, including those occupied and used before the adoption of
this chapter, and does not replace or modify standards otherwise established
for the construction, repair, alteration or use of the commercial
or industrial buildings or premises contained therein. Where there
is mixed occupancy with commercial or industrial and other uses on
the same premises, all such uses shall be regulated by and subject
to the provisions of this chapter.
B.
Where the provisions of this chapter impose a higher
standard than is set forth in any other ordinances of the Township
or under the laws of the State of New Jersey, then the standards set
forth herein shall prevail; but if the provisions of this chapter
impose a lower standard than other ordinances of the Township or laws
of the state, then the higher standard contained in such ordinances
or law shall prevail.
A.
Owners and operators shall have all the duties and
responsibilities prescribed in this chapter, and no owner or operator
shall be relieved from any duty and responsibility, or be entitled
to defend against any charge of violation, by reason of the fact that
the occupant is also responsible and in violation thereof.
B.
Occupants shall have such duties and responsibilities as are prescribed for them in § 104-7 of this chapter and shall not be relieved of any duty and responsibility, or be entitled to defend against any charge of violation by reason of the fact that the owner or operator is also responsible and in violation thereof.
A.
Exterior to be kept free of all nuisances. The exterior
of premises and structures shall be kept free of nuisances, unsanitary
conditions and any other hazards to the health or safety of occupants,
pedestrians and other persons utilizing the premises. Any nuisance,
unsanitary condition or other hazard shall be promptly removed and
abated by the owner and/or operator to keep the premises free of health
hazards, including but not limited to the following:
(1)
Refuse: Broken glass, filth, garbage, trash, litter
and debris.
(2)
Natural growth; vicinity of business: Brush, weeds,
ragweed, stumps, roots and obnoxious growth; dead and dying trees
and limbs or other natural growth which, through rotting or deteriorating
conditions or storm damage, constitute a hazard to persons in the
vicinity. Trees shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhangings: Loose and overhanging objects and accumulations
of ice and snow above ground level, which constitute a danger of falling
on persons in the vicinity of such conditions.
(4)
Ground surface hazards or unsanitary conditions: Holes,
excavations, breaks, projections, obstructions, broken or missing
pavement. All holes and excavations shall be filled and repaired,
walks and steps repaired and other conditions removed where necessary
to eliminate hazards or unsanitary conditions. It shall be the responsibility
of owners and operators to take reasonable steps to discover and remove
any such hazards or unsanitary conditions which may exist on their
premises.
(5)
Recurring accumulations of stormwater: Adequate runoff
drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
(6)
Sources of infestation.
B.
Signs. All signs, pavement markings and printed matter
and pictures or illustrations contained thereon, permitted by reasons
of other regulations or as a lawful nonconforming use, shall be maintained
in good repair.
C.
Landscaping. Lawns, hedges and bushes shall be kept
trimmed and maintained from becoming overgrown.
D.
Premises to be kept in good repair. The exterior of
every structure or accessory structure, including fences, and storefronts
shall be maintained in good repair. All structural surfaces shall
be kept painted where necessary for preservation and appearance, free
of excessive peeling paint and maintained free of safety hazards,
such as broken windows, loose and falling shingles and crumbling and
falling stone or brick, further subject to the following regulations:
(1)
Unsafe exterior facilities: Unsafe exterior facilities
include exterior porches, landings, balconies, stairs and fire escapes,
all of which shall be kept structurally sound and in good repair and
shall be provided with banisters or railings properly designed and
maintained.
(2)
Signs and billboards: All permanent signs and billboards
exposed to public view, permitted by ordinance or other regulations
or as a lawful nonconforming use, shall be maintained in good repair.
Any sign or billboard which has weathered excessively or faded or
the paint on which has excessively peeled or cracked shall, with its
supporting members, be removed forthwith or put into a state of good
repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supporting members, be removed forthwith.
(3)
Windows exposed to public view: All windows exposed
to public view shall be kept clean and free of marks, dirt, grime
and be unbroken. Except when necessary in the course of changing displays,
no storage of materials, stocks or inventory shall be permitted in
window display areas ordinarily exposed to public view unless such
areas are first screened from public view by draperies, venetian blinds
or other means. All screening of interiors shall be maintained in
a clean and attractive manner and in a good state of repair.
(4)
Awnings or marquees: Any awning or marquee and its
accompanying structural members which extend over any street, sidewalk
or other portion of the premises shall be so maintained as to not
constitute a nuisance or safety hazard. In the event any such awning
or marquee is not properly maintained in accordance with the foregoing,
it shall, together with its supporting members, be removed forthwith.
In the event any such awning or marquee is made of cloth, plastic
or of similar materials, said materials, where exposed to public view,
shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
deterioration. Nothing herein shall be construed to authorize any
encroachment of an awning, marquee or its accompanying structure members
on streets, sidewalks, or other parts of the public domain.
(5)
Temporary scaffolding or equipment: No temporary painting
scaffold or other temporary equipment used for construction, repair
or maintenance shall be permitted to remain in place beyond a period
necessary to reasonably complete the purpose for which such equipment
was intended to be used.
(6)
Storefronts: All storefronts shall be maintained in
good repair, and all surfaces thereof shall be kept painted when necessary
for the purposes of preservation and appearance. In the event repairs
to a portion of a storefront are made, such repairs shall be performed
with materials identical or compatible with the materials used in
the area not undergoing repair, to the end that the appearance of
the storefront shall be uniform and attractive.
(7)
Unoccupied buildings: All unoccupied buildings shall
be subject to the provisions hereof.
E.
Removal of garbage and refuse. The owner, operator
and occupant shall have the duty and responsibility of removing refuse
and garbage as often as required.
F.
Maintenance of sidewalks. Every day that the premises
is open for business, the occupant shall be responsible for removing
litter from the sidewalk or other pedestrian areas, if any, in front
of the occupant's commercial premises. The area shall be swept as
often as necessary to maintain it free of litter, spillage and other
debris.
G.
Premises to be maintained in a clean and sanitary
manner.
(1)
All parts of the premises under the control of the
occupant shall be kept in a clean and sanitary condition, and the
occupant shall refrain from performing any acts which would render
other parts of the premises unclean or unsanitary or which would obstruct
the owner or operator from performing any required duty in this chapter
for maintaining the premises in a clean and sanitary condition.
(2)
Each operator shall be responsible for the elimination
of infestation in and on the premises subject to his control.
(3)
No person shall deposit any litter on the ground in
any commercial or industrial premises.
H.
Access and parking areas.
(1)
The owner of any accessways and parking areas serving
commercial and industrial premises shall be responsible for keeping
same free of congestion and open to emergency and service vehicles
by:
(b)
Preventing the continuous or regular use of accessways or parking spaces for any vehicle which is in such a state of disassembly or disrepair so that it cannot be driven or which does not display current license plates and inspection sticker. For purposes of this subsection, "continuous" shall mean the presence on the same Tax Map lot for a period of 72 consecutive hours and "regular" shall mean being observed at least twice within a twenty-day period on the same Tax Map lot when on both occasions such vehicle was either in a state of disassembly or disrepair so that it could not be driven or on both occasions did not display current license plates and inspection sticker. This subsection shall not apply with regard to a vehicle on the premises of a business enterprise operated in a lawful place and manner, which conforms to the requirements of Chapter 188, Land Use, regulating vehicle storage facilities or similar enactments.
(2)
Parking lots or parking areas, including the entrances
and exits thereto, shall be kept in good state of repair. Signage
as to ownership and use restrictions shall be maintained in good repair,
clearly visible to potential parkers. Striping, where appropriate,
shall indicate spaces, directions of flow and entrances and exits
and be maintained so as to assure visibility.
(3)
Means of ingress and egress shall be clearly marked
by signs.
(4)
Parking spaces shall be clearly indicated by painted
lines.
(5)
Lanes for the movement of traffic in each direction
shall be indicated by arrows indicating one-way traffic, which shall
be painted in these lanes at both ends.
(6)
A trash basket with at least a twenty-gallon capacity
shall be provided for each 150 feet of store frontage in any shopping
area. These baskets shall be placed in the walking or pedestrian area
and shall be provided with covers and shall not be allowed to overflow.
(7)
Fire zones should be kept clear of all vehicular traffic
and parking, as designated by the Bureau of Fire Prevention.
[Added 12-13-2011 by Ord. No. O-11-46[1]]
A.
Each commercial
building or occupancy shall have been approved and issued a certificate
of occupancy by the Building Department prior to application for a
continuous certificate of occupancy.
B.
All terms
of original certificate of occupancy must be met, which would include
use group, occupant load and live load.
C.
All prior
approvals must be submitted with the application for continuous certificate
of occupancy.
[Added 12-13-2011 by Ord. No. O-11-46]
A.
No person
shall occupy as owner or occupant or rent to another for occupancy
and commercial structure or unit, for the purpose of conducting business
therein, without a prior inspection and issuance of a certificate
of occupancy or continued certificate of occupancy. Each commercial
structure or unit must conform to the provisions of this chapter as
the standard to be used in determining whether a commercial structure
or occupancy is in compliance with its use group, safe, sanitary and
fit for occupancy.
All buildings and premises subject to this chapter
are subject to inspection from time to time by the Code Enforcement
Officer, Health Officer, Police Department or any other official charged
with the duty of enforcing regulations governing any aspect or conduct
of the activity on the premises. At the time of such inspection, all
portions of the premises must be available and accessible for such
inspection, and the owner, operator and occupant are required to provide
the necessary arrangements to facilitate such inspection. Such inspection
shall be made during regular business hours of the business occupying
said premises, unless there is reason to believe a violation exists
of a character which is an immediate threat to health or safety requiring
inspection and abatement without delay.
[Amended 2-19-2019 by Ord. No. O-19-9]
Where the violation or condition existing on the premises is
of such nature as to constitute an immediate threat to life and limb
unless abated without delay, the Construction Code Official, Health
Officer, Code Enforcement Official or their designee or Police Department
may order the owner, operator or occupant to correct the violation
or condition within the period of time consistent with the hazard
involved and with the measures necessary to remove the hazard, and
upon the failure of the operator, owner or occupant to correct said
condition, the Police Department, Construction Code Official, Code
Enforcement Official or their designee or Health Officer shall cause
said condition to be immediately abated thereafter subject to N.J.S.A.
40:48-2.12f.
[Amended 2-19-2019 by Ord. No. O-19-9]
A.
Except as otherwise provided in § 104-11 hereof, where violations of this chapter or the regulations hereunder are found to exist, a written notice from the Construction Code Official, Code Enforcement Official or their designee shall be served on the person or persons responsible for the correction thereof.
B.
Notice shall be served personally, by certified mail or regular mail,
addressed to the last known address of the person to be served. In
the case of an occupant, notice may be posted upon the main entrance
door of the building, and in the case of an owner, the last known
address shall be the address of the owner as shown in the records
of the office of the Tax Collector.
C.
The notice shall specify the violation or violations committed, what
must be done to correct the same, a reasonable period of time, not
to exceed 30 days, to abate the violation, the right of the person
served to request a hearing and that the notice shall become an order
of the Construction Code Official, Code Enforcement Official or their
designee in 10 days after service unless a hearing is requested pursuant
to these provisions.
D.
Within 10 days of the date of service of a notice, the notice shall
constitute a final order unless any person affected by the notice
requests a hearing thereon by serving a written request within the
ten-day period in person or by certified mail on the Construction
Code Official, Code Enforcement Official or their designee. Such request
for a hearing shall set forth briefly the reasons for which the request
for a hearing is made and the factual matters contained in the notice
of violations for which the hearing is requested. The Construction
Code Official, Code Enforcement Official or their designee upon receipt
of the request for hearing, shall within 30 days therefrom and upon
five days' notice to the parties so requesting, conduct a hearing.
E.
At the hearing provided hereunder, the Construction Code Official,
Code Enforcement Official or their designee shall hear all parties,
and his final determination shall be made within 10 days from the
completion of the hearing. He shall then issue an order incorporating
the determinations and directions contained in the notice, modifying
said notice if he so deems necessary. The Construction Code Official,
Code Enforcement Official or their designee may extend the time for
correction of the violations where he deems it necessary.
F.
In the event the violation is not abated, removed, cured or otherwise
fully remedied within the time period prescribed in the initial notice
or extended time period as permitted by the Construction Code Official,
Code Enforcement Official or their designee, a summons shall then
be issued against such person or persons charged with the violation.
[Amended 12-13-2011 by Ord. No. O-11-46]
Any person who shall violate any of the provisions
of this chapter or any order promulgated hereunder shall, upon conviction,
be punished by a fine not to exceed $2,000 or by imprisonment in the
county jail for a period not to exceed 90 days, or by both such fine
and imprisonment, and each violation of any of the provisions of this
chapter and each day that such violation shall continue shall be deemed
to be a separate and distinct offense.
