The purpose of this chapter is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance and
condition of nonresidential premises, to fix certain responsibilities and
duties upon owners and operators and upon occupants, to authorize and establish
procedures for inspection of nonresidential premises and fix penalties for
violations of this chapter.
The following terms, whenever 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:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the principal
building on the premises, including driveways, parking lots and other structures
designed for use by business invitees and the general public.
DETERIORATION
The condition or appearance of a building or structure or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting
or other evidence of physical decay or neglect, lack of maintenance or excessive
use.
NUISANCE
A.
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 township.
B.
Any attractive nuisance which may prove detrimental to the health or
safety of children, whether in a building or on the premises of a building
or upon an unoccupied lot. This includes but is not limited to abandoned wells,
shafts, basements, excavations, abandoned refrigerators and motor vehicles;
structurally unsound fences or structures; and lumber, trash, fences, debris
or vegetation, such as poison ivy, oak or sumac which may prove a hazard for
inquisitive minors.
C.
Physical conditions dangerous to human life or detrimental to health
of persons on or near the premises where the conditions exist.
D.
Inadequate or unsanitary sewage or plumbing facilities in violation
of township ordinances.
E.
The accumulation of snow and/or ice on sidewalks.
[Added 2-14-2006 by Ord. No. 2006-4]
OPERATOR
Any person who has charge, care of or control of a premises or a
part thereof, whether with or without the knowledge and consent of the owner.
OWNER
Any person who, alone or jointly or severally with others, shall
have legal or equitable title to any premises with or without accompanying
actual possession thereof or shall have charge, care or control of any nonresidential
premises as owner or agent of the owner or as a fiduciary, including, but
not limited to executor, executrix, administrator, administratrix, trustee,
receiver or guardian of the 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 any 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 by the lessee.
STRUCTURE
A combination of materials, whether fixed or portable, forming a
construction, including buildings, walks, drives, parking areas, swimming
pools and the like.
[Amended 4-27-2004 by Ord. No. 2004-3]
In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinance of the Township or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail; but if the provisions of this chapter impose a lower standard than any other ordinance of the Township or of the laws of the State of New Jersey, then the higher standard contained in any other ordinance or law shall prevail. Violations of §
42-6A(1) for brush and weeds may, at the election of the Township, be sought to be abated under this chapter and/or Chapter
41 of the Revised Code of the Township of Hampton.
After the effective date of this chapter, all licenses and permits shall
be issued upon compliance with this chapter, where applicable, as well as
compliance with the ordinances under which such licenses and permits are granted.
The penalties in §
1-14.1 of the Hampton Township Code shall apply.