[Adopted 4-25-1985 by Ord. No. 8-85]
This code shall be known as the "Property Maintenance
Code of the Borough of Rockaway" and may be referred to hereafter
as "this code."
It is hereby found and declared that there exists
in the Borough of Rockaway structures used for nonresidential use
which are or may become substandard with respect to structure, equipment
or maintenance; further, such conditions include but are not limited
to structural deterioration, lack of maintenance and shabby appearance
of exterior of premises, infestation, improper storage or lack of
maintenance or upkeep of essential utilities and facilities, existence
of fire hazards, unsanitary conditions and overcrowding. These conditions
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Borough of Rockaway.
It is further found and declared that by reason of lack of maintenance
and progressive deterioration certain properties have the further
effect of creating blighting conditions 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 public funds
to correct and eliminate the same and that, by reason of timely regulations
and restrictions as herein contained, the growth of 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 code is to protect the public
health, safety and welfare by establishing minimum standards governing
the maintenance, appearance, condition and occupancy of nonresidential
premises; to establish minimum standards governing the upkeep of essential
utilities, facilities and other physical components and conditions
essential to make the aforesaid premises 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 nonresidential premises; to fix penalties for the violations
of this code; and to provide for the repair, demolition or vacation
of premises unfit for human habitation or occupancy or use.
The following terms wherever used or referred
to in this code shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context. All definitions
of the BOCA Basic Building Code, Uniform Construction Code, N.J.S.A.
40:48-2.4 and 2A:42-75 and 42-86 and as any one or all may later be
amended are included in this code by reference. The following additional
definitions are set out below, and any discrepancy is to be resolved
in favor of state statute:
This serves notice that, based on a general inspection of
visible parts of the building, there are no identifiable imminent
hazards and the building is approved for continued occupancy.
The Construction Official of the Borough of Rockaway or such
other Borough officials or employees as may be designated by him to
enforce the provisions of this code.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
use.
Any premises or any part thereof or any building or any part
thereof which may be lawfully viewed by the public or any member thereof.
Open space on the premises outside of any building thereon.
The control and elimination of insects, rodents and vermin.
(See also "refuse and rubbish.") Putrescent animal and vegetable
waste resulting from the handling, preparation, cooking and consumption
of food.
Any room or enclosed floor space used frequently or for an
extended period of time by one or more human beings.
The Health Officer, or such person serving the Board of Health
of the Borough in that capacity, or such other Borough officials or
employees as may be designated by him to enforce the provisions of
this code.
[Added 11-13-2008 by Ord. No. 28-08]
The presence of insects, rodents, vermin or other pests on
the premises of a number which constitutes a health hazard.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
Any building or portion thereof used for any nonresidential
purpose, including but not limited to buildings or portions thereof
used for commercial, business and industrial purposes.
Any public nuisance known at common law or in
equity jurisprudence or as provided by the statutes of the State of
New Jersey or the ordinances of the Borough of Rockaway.
Any attractive nuisance which may prove detrimental
to the health or safety of children whether in a building, on the
premises of a building or upon an occupied lot This includes but is
not limited to abandoned wells, shafts, basements, excavations, abandoned
iceboxes, refrigerators, motor vehicles, any structurally unsound
fences or structures, lumber, trash, fences, debris or vegetation
such as poison ivy, oak or sumac which may prove hazardous for inquisitive
minors.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
Overcrowding of a room with occupants in violation
of this code.
Insufficient ventilation or illumination in
violation of this code.
Inadequate or unsanitary sewage or plumbing
facilities in violation of this code.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Environmental hazards.
Any person who has charge, care or control of all or any
part of a nonresidential building.
Any person who alone or jointly or severally with others
shall have legal or equitable title to any nonresidential building,
with or without accompanying actual possession thereof.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any individual, firm, corporation, partnership, association
or other entity.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any officer who is in charge of any department or branch
of the government of the municipality, county or state relating to
health, safety, fire, building or environmental regulations or to
other activities concerning buildings in the municipality.
See "Construction Official."
(See also "garbage" and "rubbish.") All waste (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
(See also "garbage" and "refuse.") Nonputrescent solid wastes
consisting of both combustible and noncombustible wastes, such as
paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
Every nonresidential or mixed occupancy building
and the premises on which it is situated, being in, used or intended
to be used for commercial, business or industrial occupancy, shall
comply with the provisions of this code, whether or not such a building
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 of occupancy of the building
or premises for the construction or repair of the building or for
the installation or repair of equipment or facilities prior to the
effective date of this code. This code shall not apply to residential
structures.
A.
Exterior of premises shall be free of hazards and
unsanitary conditions. The exterior of the premises and all structures
thereon shall be kept free of all nuisances and any hazards to the
safety of occupants, pedestrians and other persons utilizing the premises
and free of unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner or operator. It shall
be the duty of the owner or operator to keep the exterior of premises
free of hazards, which include but are not limited to the following:
(1)
Refuse, as hereinabove defined.
(2)
Rubbish, as hereinabove defined.
(3)
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(4)
Abandoned iceboxes, refrigerators, heaters, television
sets and other similar major appliances.
(5)
Structurally unsafe or unsound buildings, structures
or fences.
(6)
Rodents, vermin, pest infestations or rodent harborages.
(7)
Animal excrement.
(8)
Hidden or uncovered ground or surface hazards, such
as holes, sudden depressions, sharp or jagged projections or obstructions.
(9)
Buried rubble, refuse or rubbish.
(10)
Stagnant surface water or groundwater accumulations
which create or are likely to create mosquito or other insect-breeding
areas.
(11)
Nuisances, as hereinabove defined.
(12)
Vehicles or parts thereof, including boats and
trailers, motorized or not, licensed or unlicensed, registered or
unregistered, which vehicles or parts thereof are or have been junked,
abandoned, dismantled or are in a state of disrepair.
(13)
Dangerously loose and overhanging objects, including
but not limited to dead trees or tree limbs, accumulations of ice
or any object, natural or man-made, which could threaten the health
and safety of persons if caused to fall or other similar dangerously
loose and overhanging objects, which by reason of their location above
ground level constitute an actual hazard to persons or vehicles in
the vicinity thereof.
(14)
Inadequate or unsafe foundation walls, piers
and columns and other similar structurally unsound, damaged or defective
load-bearing components which are incapable of bearing imposed loads
safely at all points.
(15)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotten or unsafe exterior portions of buildings or
structures, including but not limited to porches, landings, balconies,
stairways, handrails, steps, walls, overhangs, roofs, fences, supporting
members, timbers, abutments, fire escapes, signs and loose, crumbling
or falling bricks, stones, mortar or plaster.
(16)
Exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith.
(17)
Broken glass in windows or doors, rotten, missing
or substantially destroyed window frames and sashes, door frames,
exterior doors or other major exterior component parts of buildings
or structures.
(18)
Weeds or plant growth which are noxious or detrimental
to public health and safety. This includes but is not limited to poison
ivy, poison oak, poison sumac and ragweed growth.
(19)
Recurring accumulations of stormwater. Adequate
runoff drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
(20)
Sources of infestation.
B.
Chimneys and all flue and vent attachments thereto
shall be maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designated. Chimneys, flues, gas vents or other draft-producing equipment
shall provide sufficient draft to develop the rated output of the
connected equipment and shall be structurally safe, durable, smoketight
and capable of withstanding the action of flue gases.
C.
Exterior porches, landings, balconies, stairs and
fire escapes. Exterior porches, landings, balconies, stairs and fire
escapes shall be provided with banisters or railings properly designed
and maintained to minimize the hazard of falling, and the same shall
be kept structurally sound, in good repair and free from defects.
The exterior of the premises, the exterior of
structures and the condition of accessory structures shall be maintained
so that the appearance of the premises and structures shall not constitute
a blighting factor for adjoining property owners, including the following:
A.
Storage of commercial and industrial materials. There
shall not be stored or used at a location visible from the sidewalk,
street or other public areas equipment and materials relating to commercial
or industrial use unless otherwise permitted by the Zoning Ordinance[1] or other lawful authority. Containers of chemicals and
other environmentally sensitive materials shall be properly stored
away from public access.
B.
Landscaping. Premises with landscaping and lawns,
hedges and bushes shall be kept trimmed and prevented from becoming
overgrown and unsightly where exposed to public view.
C.
General maintenance. The exterior of every structure
or accessory structure (including fences) shall be maintained in good
repair. The same shall be maintained free of broken glass, loose shingles,
crumbling stone or brick, excessive peeling paint or other condition
reflective of structural deterioration or inadequate maintenance to
the end that the property itself may be preserved safely and fire
hazards eliminated and adjoining properties protected from blighting
influences.
A.
The outside building walls shall not have any holes,
loose boards or any broken, cracked or damaged finish which admits
rain, cold air, dampness, rodents, insects or vermin.
B.
Every enclosed building shall be so maintained as
to be weathertight and watertight.
C.
Basements, cellars and crawl spaces shall be free
of standing water resulting from seepage. Ventilation shall be required
where necessary to prevent accumulations of moisture and dampness.
Floors shall be composed of poured concrete not less than four inches
thick and shall be maintained at all times in a condition so as to
be smooth, clean, free from cracks, breaks and other hazards.
D.
All parts of the building shall be maintained so as
to prevent infestation.
E.
All parts of the building shall be kept in a clean
and sanitary condition, free of nuisance and free from health, safety
and fire hazards.
F.
Every roof, roof gutter, flashing, rainwater conductor
and roof cornice shall be weathertight and raintight and shall be
kept in good repair.
G.
Maintenance of interior structure.
(1)
General. The interior of a structure and its equipment
shall be maintained structurally sound and in a sanitary condition
so as not to pose a threat to the health and safety of the occupants
and to protect the occupants from the environment.
(2)
Structural members.
(a)
The supporting structural members of every building
shall be maintained structurally sound, not showing any evidence of
deterioration which would render them incapable of carrying the imposed
loads.
(b)
In every existing building used for business,
industrial, mercantile or storage occupancy, in which heavy loads
or concentrations occur or in which machinery is introduced, the owner
or occupant shall cause the weight that each floor will safely sustain
to be calculated by a registered architect or engineer and filed with
the Construction Official and, after such acceptance by the Construction
Official, posted on each floor in a conspicuous place.
(3)
Exit doors. Every door available as an exit shall
be capable of being opened easily from the inside and without the
use of a key.
(4)
Stairs, porches and railings. Stairs and other exit
facilities shall be adequate for safety as provided in the Uniform
Construction Code.
(5)
Exit facilities. All interior stairs and railings
and other exit facilities of every structure shall be maintained in
sound condition and good repair by replacing treads and risers that
evidence excessive wear or are broken, warped or loose. Every inside
stair shall be so constructed and maintained as to be safe to use
and capable of supporting the anticipated loads.
The owner or operator shall have the duty and
responsibility for removing garbage, refuse and rubbish.
All accumulation of garbage, refuse and rubbish
shall be removed weekly from collection areas.
Any change in commercial use or commercial use
by way of a new operator on the first floor of any apartment building
where such use is permitted shall require a new occupancy certificate.
No owner or operator of a nonresidential building
shall sell, rent, lease or substantially change the use of any portion
of such building without first obtaining a certificate of continued
occupancy from the Construction Official of the Borough of Rockaway
certifying that such building is in compliance with all the provisions
of this code.
[Amended 11-14-1991 by Ord. No. 22-91]
The fee for the issuance of a certificate of continued occupancy shall be as provided in Chapter A263, Fees, and shall be payable to the Borough of Rockaway.
The Construction Official shall have discretion
to issue a temporary certificate of continued occupancy for a nonresidential
building or any portion thereof, conditioned upon compliance with
the provisions of this code, within a reasonable period of time not
to exceed 60 days from the date of issuance of such temporary certificate,
provided that the building or portion thereof may be occupied safely
prior to abatement of the existing code violations. Upon compliance,
the Construction Official shall issue a permanent certificate of continued
occupancy.
[Amended 11-14-1991 by Ord. No. 22-91]
The fee for the issuance of a temporary certificate of continued occupancy shall be as provided in Chapter A263, Fees, and shall be payable to the Borough of Rockaway.
[Amended 11-13-2008 by Ord. No. 28-08]
The Construction Official, Fire Marshal or Health
Officer is hereby designated to serve as the chief administrative
agent of this code. All inspections and enforcement of the provisions
of this code shall be under his or her direction and supervision.
He or she may appoint or designate such other officials or employees
of the Borough to perform such duties as may be necessary for the
enforcement of this code.
The owner or operator of any nonresidential
building shall file a registration statement within 120 days of the
effective date of this code with the Borough Clerk containing the
following information:
Upon determining that a violation of this code
exists, the Construction Official shall serve a written notice on
the owner or operator of the building. The notice shall specify the
following:
Notice shall be served by personal service or
certified mail, return receipt requested, upon the owner or operator
at his last known address as registered with the Borough Clerk. If
the building has not been registered, the notice may be posted in
a conspicuous place on the outside front entrance of the building.
The notice shall constitute a final order to
abate the specified violations.
When a violation exists of such nature as to
constitute an immediate threat to life and limb unless abated without
delay, the Construction Official may declare the building unsafe under
N.J.S.A. 52:27D-132 and N.J.A.C. 5:23-2.32 and either abate the condition
immediately or order the owner or operator to abate the condition
within a period of time not to exceed three days. If the owner or
operator fails to abate the condition within that time period, the
Construction Official shall abate the condition immediately thereafter
or may proceed summarily in the Superior Court of New Jersey for a
court order requiring the owner to abate the condition immediately.
When summary abatement by the Construction Official
requires the expenditure of Borough funds, the Construction Official
shall present a report to the Borough Council detailing the amounts
so expended. Upon approval by the Council, the expenses shall become
a lien against the premises, collectible as provided by law. A copy
of the resolution approving the expenses shall be sent by certified
mail, return receipt requested, to the owner and shall be filed with
the Tax Collector, who shall be responsible for collection of the
lien.
Any violation of any ordinance other than this
code discovered in the enforcement of this code shall be reported
to the public officer, who shall refer the alleged violation to the
official or agency responsible for the enforcement of such ordinances.
The public officer shall have the power to withhold
strict enforcement of this code upon written application therefor
by an owner or party in interest after making determination that:
A.
Any variation or modification of structure use approved
by the public officer will not in any material way alter the standards
of this code and cannot affect detrimentally the health or safety
of the occupants of the premises or the health, safety or welfare
of the occupants or owners of adjacent premises or of the neighborhood;
and
B.
Strict enforcement would constitute an undue and unnecessary
hardship on the owner, operator or occupant because it would compel
expenditures on the premises which would be substantially disproportionate
to any benefit to health, safety or welfare that might be derived
therefrom; and
C.
The owner, operator or occupant is without any practical
or feasible means to comply with the strict provisions of this code;
or
D.
Premises subject to this code are contemplated for
public acquisition or are within an area where acquisition is contemplated
by a public agency having the power of eminent domain and that there
is a reasonable likelihood that said premises will be acquired within
a period of two years and that the strict enforcement of the provisions
of this code would require the installation of repairs and improvements
estimated to exceed $5,000 in cost and there is an alternative means
satisfactory to the public officer to be used, which will eliminate
violations of this code constituting hazards to the health, safety
and welfare of the occupants of the premises and persons in the immediate
vicinity thereof; provided, however, that any waiver of the provisions
of this code permitted under this subsection shall be canceled and
the public officer shall strictly enforce the code if it shall be
ascertained subsequent to the granting of the waiver that the premises
are in fact not to be acquired for any public use or purpose. The
public officer may, with the approval of the governing body of the
Borough of Rockaway, by resolution, bring an action to be appointed
receiver ex officio of the rents and income of such property for the
purpose of collecting the rents and income from such property and
expending the same for the purpose of abating the conditions against
which this article is directed. The procedure and other legal steps
shall be governed by the provisions of N.J.S.A. 40:48-2.12h to N.J.S.A.
40:48-2.12k and/or 2A:42-74 to 42-84.
Violations of any provision of this code may
be prosecuted by the service of a summons by the Construction Official
upon the violator, commanding such violator to appear in the Municipal
Court of the Borough of Rockaway.
A.
In the event that the provisions of this article shall
be inconsistent with any applicable state or federal regulation affecting
the operation or maintenance of buildings, such state or federal regulation
shall apply and the provisions hereof shall be of no force or effect.
B.
For the purpose of this article, an inspection made
by any state or federal agency and the report associated therewith
showing no violations existing shall, upon filing of a true copy of
such report with the Construction Official, be deemed compliance with
the applicable provisions of this code.
No license or permit or other certification
of compliance with this code shall constitute a defense against any
violation of any other local ordinance applicable to any structure
or premises nor shall any provision herein relieve any owner, operator
or occupant from complying with any such other provision or any official
of the Borough of Rockaway from enforcing any such other provision.
A.
A violation of any section or subsection of this code
shall, upon conviction thereof, be punishable by a fine of not less
than $100 nor more than $2,000 and/or by imprisonment not exceeding
90 days and/or by 90 days' community service.
[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]
B.
Each violation of a section or subsection of this
code shall constitute a separate offense.
C.
Any penalty imposed pursuant to this section shall
be collectible as a lien against the premises.
