[HISTORY: Adopted by the Township Council of the Township of Maple Shade 4-13-2017 by Ord. No. 2017-05. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 152, Property Maintenance, adopted 10-1-1075 as Ch. 42 of the 1975 Code, as amended.
This chapter shall be known as the "Commercial and Residential Property Maintenance Code of the Township of Maple Shade" and is referred to in this chapter in the short form as "this code" or "this chapter."
This chapter is created under the authority of N.J.S.A. § 40:48-1 et seq. The purpose of this chapter is to protect the public health, safety and welfare by establishing minimum standards for the maintenance of such premises; to fix responsibilities and duties upon owners, operators, tenants, occupants and financial institutions that have or take an interest in such properties, as well as owners, users, occupants or operators of vehicles and equipment located upon said properties; to authorize and establish procedures for the inspection of commercial and residential premises; to fix penalties for the violations of this code; and to provide for the right of access to permit abatement when necessary. This code is hereby declared to be remedial and essential for the public interest, and it is intended that this code is liberally construed to effectuate the purposes stated herein.
The following terms, whenever used herein, shall have the following meanings unless a different meaning clearly appears from the context:
- BUILDING MATERIALS
- Any item used for the construction of building improvements, including, but not limited to, drywall materials, wood, steel, tiles, roofing, nails, paint, insulation or debris created by or from construction.
- COMMERCIAL PREMISES
- A lot or tract of land which is zoned for commercial or industrial use or a lot or tract of land, part of which is zoned for commercial or industrial use.
- Any item, whether or not portable without the assistance of a trailer, which is used for building renovations or building improvements, whether or not such improvements are interior or exterior, including, but not limited to, wood chippers, table saws, tile cutters, dumpsters, cement mixers and lawn and garden tools.
- EXTERIOR OF THE PREMISES
- Those portions of a building which are exposed to the public and visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto and including all signs and fences, as well as the open land space of any premises which may be unimproved by any building or structure.
- FINANCIAL INSTITUTION
- See "owner" below.
- GOODS and MERCHANDISE
- Possessions, especially movable objects or personal property; articles of trade; wares or stockpiles of materials.
- Any condition, man-made or natural, which affords a breeding place or hiding place for rodents, insects or other pests.
- Includes any of the following:
- A. Any commonlaw nuisance or as provided by the laws of the State of New Jersey or the ordinances of the Township of Maple Shade.
- B. Any nuisance which may prove detrimental to the health or safety of children, whether in a building or upon a lot. This includes, but is not limited to, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation, such as poison ivy, poison oak or poison sumac, which may prove a hazard for inquisitive minors and the general public.
- C. Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
- D. Unsanitary conditions or anything unreasonably offensive to the senses or dangerous to health, in violation of this code.
- E. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
- F. Fire hazards.
- Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling, premises or rooming unit, or any person or entity in possession of or using any premises, or part thereof, whether or not the owner thereof, and regardless of the duration of time of such possession, use or occupancy.
- Any person, persons or entity, not the owner, who has charge, care or control of a dwelling or premises, or a part thereof, with or without the knowledge, consent or authority of the owner.
- OVERGROWN GRASS
- Any natural grass or weeds of a height of six inches in length or greater. Overgrown grass shall not include areas of natural growth that are not ordinarily maintained, such as areas containing wetlands or marshes or densely wooded areas. All noxious weeds shall be prohibited.
- Any person, persons or entity who shall have legal or equitable title in any form whatsoever to any premises, or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building, structure, or part thereof, as owner or agent of the owner or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purpose of this chapter and shall have responsibility over the portion of the premises so sublet, leased or assigned. For the purposes of this chapter, "owner" shall also specifically include any financial institution or entity, whether individual or corporate, that has begun the foreclosure process to take legal title to the premises, whether or not such interest is perfected.
- One or more lots, plots or parcels and/or rights-of-way, including the buildings or structures which may exist thereon and all vacant or unimproved land in the Township.
- REFUSE or RUBBISH
- All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including, but not limited to, garbage, trash, ashes, paper, paper goods and products, wrappings, cans, bottles, containers, yard clippings, garden waste, debris, junk, glass, boxes, crockery, wood, mineral matter, plastic, rubber, leather, furniture, household goods, appliances, bedding, scrap lumber, scrap metal, construction material, inoperable machinery or parts thereof, garden or farming implements and supplies, dead or rotting vegetation, tires, abandoned, inoperative or unusable automobiles and vehicles and solid commercial or industrial waste.
- A unit of housing.
- One who resides, occupies or dwells in a unit of housing.
- SHOPPING AREA
- One or more buildings, or part thereof, designed as a unit, to be occupied by one or more businesses for the conduct of business and conducted as an integrated planned area development.
- A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
Every commercial and residential premises and building situated thereon in the Township of Maple Shade, used or intended to be used for commercial and/or residential occupancy, shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which may have been issued for the use or occupancy of any building or structure, or for the installation or repair of equipment or facilities prior to the effective date hereof. This code establishes minimum standards for the initial and continued occupancy and use of all such commercial and residential buildings or structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of such commercial and residential buildings or structures contained therein. Where there is mixed occupancy with commercial and residential and other uses on the same premises, all such uses shall be nevertheless regulated by and subject to the provisions of this code.
Compliance with this chapter shall not constitute a defense against any violation of any other ordinance of the Township applicable to any premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this chapter.
In any case where the provisions of this code impose a higher standard than is set forth in any other ordinance of the Township of Maple Shade or under the laws or regulations of the State of New Jersey or any of its agencies, then the standards as set forth herein shall prevail; but if the provisions of this code impose a lower standard than any other regulation or ordinance of the Township of Maple Shade or the laws or regulations of the State of New Jersey or any of its agencies, then the higher standard contained in any other such ordinance, regulations or law shall prevail.
Nothing contained in this chapter, or any requirement or compliance herewith, shall be deemed to alter, impair or affect the application of the land use ordinances of the Township to the premises in question.
Nothing in this chapter shall be deemed to abolish or impair existing remedies of the Township, its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary.
Creditor responsibility. Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of Chapter 51 of the Code of the Township of Maple Shade (see Ch. 51, Abandoned Property), pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.
Notice of creditor; time to correct violations. If the Code Enforcement Officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this chapter or Chapter 51 of this Code, the Code Enforcement Officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
Designated representative of out-of-state creditor; violation. An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided to the Municipal Clerk pursuant to Subdivision a(1) N.J.S.A. 46:10B-51. An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation, commencing on the day after the ten-day period set forth in Subdivision a(1) of N.J.S.A. 46:10B-51 with respect to notifying the Municipal Clerk that an action to foreclose on the property has been filed.
Owners, occupants and operators shall all have the duties and responsibilities prescribed in this chapter, and no owner, operator or occupant shall be relieved from any such duty and responsibility, nor be entitled to defend against any charge or violation thereof, by reason of the fact that another person is also responsible therefor under this chapter.
Responsibility of owners, occupants and operator.
All owners, occupants and operators shall have a duty to keep the premises for which they are responsible under this chapter structurally sound, in good general repair and sufficiently maintained so as to prevent and avoid conditions that violate this chapter.
It shall be a violation of this chapter for a person to occupy as owner-occupant, or to permit another to occupy or use, premises which do not comply with the requirements of this chapter.
All premises 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.
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 duty required hereunder or maintaining the premises in a clean and sanitary condition.
The exterior of all commercial and residential buildings, 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 or residing within the vicinity of said commercial or residential building or premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner, operator, occupant or resident. It shall be the duty of the owner, operator, occupant or resident to keep the premises free of hazards, which include, but are not limited to, the following:
Refuse: broken glass, filth, garbage, trash, litter and debris.
Natural growth: brush, weeds, ragweeds, stumps, roots and obnoxious growths, including bamboo and poison ivy, dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. Trees and bushes shall be kept pruned and trimmed to prevent such conditions. Overgrown grass shall be cut up to and along any adjacent curbline and/or commencement of paved roadway, including the main lot or land, that portion of any lot, land or easement along or adjacent to any sidewalk, curbline, street or alley and includes that portion of any lot, land or easement located within the limits of any street, highway, alley or easement.
Overhangings: dangerously loose and overhanging objects may include, but are not limited to, dead trees or tree limbs, accumulations of ice and snow, 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.
Ground surface hazards or unsanitary conditions: holes, broken or missing pavement, loose stone, excavations, breaks, projections, obstructions, ice, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. It shall be the responsibility of owners, operators, occupants or residents to take reasonable steps to discover any such hazards or unsanitary conditions which may exist on their premises.
Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater. All storm drains must be clean and free of debris and blockage. This may require that the storm system is televised to confirm integrity of the system. All basins must be in approved working order and free of blockage and debris or rubbage.
Sources of infestation.
Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
Abandoned iceboxes, refrigerators, heaters, television sets and other similar major appliances.
Structurally unsafe or unsound buildings, structures or fences, or parts thereof.
Animal excrement piles or manure piles within 100 feet of a property line.
Buried refuse or rubbish.
Stagnant surface water or groundwater accumulations which create, or are likely to create, mosquito or other insect breeding areas. This section shall include the maintenance of swimming pools.
Storage of 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 visible disrepair or inoperability.
Rotted, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other major exterior component parts of buildings or structures.
All nonresidential lighting fixtures must be operable in accordance with the ordinance and site plan approvals.
Maintaining any object or device which causes audible sound which is loud and unnecessary based upon prolonged time to such an extent that its volume is disturbing to persons on the premises and/or adjacent premises.
Outdoor sales or displays, whether permanent or temporary, which violate the standards of the Township Code.
Any alterations to buildings, structures or appurtenances thereto, or changes of use therein, which may be caused directly or indirectly by the enforcement of this chapter, shall comply with all applicable provisions of the Uniform Construction Code and any other applicable regulations, ordinance or law of the Township, county or state.
All commercial and residential premises shall be kept landscaped, and grass, lawns, hedges and bushes shall be kept trimmed and kept from becoming overgrown. In accordance with a landscaping plan approved by the Planning or Zoning Board of Adjustment, trees, grass, shrubs and other plantings shall be replaced when the same have fallen or died.
Properties with landscaping, lawns, hedges and bushes shall be kept from becoming overgrown and unsightly where exposed to public view and from becoming a blighting factor for adjoining properties.
It shall be an affirmative duty of all owners and occupants of parcels within Maple Shade Township to ensure that all sight triangles located on the property are clear of obstructions or growth which would prevent the clear vision of motorists utilizing adjacent roadways.
All signs, pavement markings and printed matter and pictures or illustrations contained thereon, permitted by reason of other regulations or as a lawful nonconforming use, shall be maintained in good repair.
Traffic safety maintenance. All traffic flow and control signs, whether painted on pavement or vertical structures, shall be properly maintained in a functional condition. Bent and leaning sign poles shall be replaced or straightened. Painted directional and parking bay strips shall be maintained in a readable condition. Bent and broken traffic control guardrails and fencing shall be replaced. Missing, improperly located or damaged parking bumpers or curbing shall be replaced.
The exterior of every commercial and residential structure or accessory structure, including fences, signs and storefronts, shall be maintained in good repair and shall be aesthetically painted, except those constructed of materials designed to be unpainted, such as, but not limited to, cedar and redwood. All structural surfaces shall be maintained free of safety hazards and fire hazards, such as broken windows, loose and falling shingles and crumbling and falling stone or brick.
The open or outdoor storage of appliances, building materials or rubbish, equipment, garbage, goods, glass, materials, merchandise, trash or similar items shall not be permitted, and said items shall not be maintained or stored on any premises past the next regularly scheduled trash collection date, with the exception of:
Residential parking requirements. The parking or placement of any motor vehicles, trailers, campers, utility vehicles, boats or boats on a utility vehicle or trailer in the front yard area of any residential structure or accessory structure is strictly prohibited; however, said motor vehicles, trailers, campers, storage containers, utility vehicles, and/or boats on a utility vehicle or trailer may be parked on a driveway, provided that said driveway is constructed of asphalt, concrete, stone, or a solid continuous parking pad capable of preventing the undergrowth beneath the vehicle, boat, trailer, or camper. All aforementioned vehicles, trailers, boats, etc., when not on an approved driveway location, must be placed in the rear yard area of the residential lot on a parking pad constructed of materials as stated above.
Commercial and industrial parking requirements. The parking or placement of any motor vehicles, trailers, campers, utility vehicles, boats or boats on utility vehicles or trailers must be in conformance with the approved site plan of the commercial or industrial site. In no case may any motor vehicles, trailers, campers, utility vehicles, boats or boats on utility vehicles or trailers be offered for sale or parked, stored or placed on any commercial or industrial site unless said site has prior Board approvals for the sale or storage of said vehicles, etc., and the vehicles have a direct relationship with the approved use of the commercial or industrial site.
The owner, operator, resident and occupant shall have the duty and responsibility of removing refuse and garbage at least once per week, or at least as often as pickup is provided by the Township, whether or not the Township collects the refuse from the property, but if pickup once weekly is not sufficient to remove all garbage that accumulates, removal more often shall be required, at the cost and expense of the owner, operator, resident and occupant. The terms of this provision in no way imply that the Township will collect refuse from commercial ventures.
Garbage and refuse shall be stored in tightly sealed, commercially produced trash containers to prevent animal infestation and to eliminate odors. Further, in residential zones and neighborhoods, all trash, refuse and recycling containers shall be stored inside a main or accessory structure on the premises, including, but not limited to, attached or detached garages, or stored next to the property with an expectation that the property owner will limit visibility from the roadway.
Nonresidential commercial premises (including hotels and motels) which utilize dumpsters for the disposal of solid waste and recycling shall, at the property owner's sole cost and expense, locate and enclose such containers in accordance with the following standards:
The dumpster(s) shall be located in the rear or to the side of the commercial structure, provided the solid waste haulers can access the dumpsters and remove the solid waste safely. If a commercial establishment has access to and can locate a dumpster(s) in the rear of the structure safely, then the dumpster(s) shall be located to the rear of the structure. Garbage or trash dumpsters shall not be maintained in front yards unless permitted by site plan approval from the Planning Board or Zoning Board of Adjustment for temporary construction or renovation purposes.
The dumpster(s) shall be appropriately located so as not to interfere with sight triangles, on-site circulation, required setbacks, landscaping, parking, and any other requirements that may have been imposed as part of the site plan approval for the premises, and shall be placed on a concrete pad.
Each commercial establishment shall provide appropriate enclosures for each dumpster or container, which shall be properly screened from adjacent property and from the public view.
Each bin must be regularly emptied of its contents so that its contents cannot be transferred off the lot, directly or indirectly, by natural forces such as surface water or wind, and so that it does not overflow and become unsightly and malodorous.
For properties that do not currently locate their dumpsters in the rear or to the side of the structure, the property owner shall relocate the dumpster and enclose same, in accordance with the provisions of this section, within six months of the effective date of this section.
The Zoning Officer for the Township of Maple Shade shall inspect all commercial properties after the six-month period has expired to determine whether this section has been complied with. The Zoning Officer shall have the authority to determine whether the dumpsters have been properly located in the rear or to the side of the structure, and whether the dumpsters have been adequately enclosed. Commercial property owners may contact the Zoning Officer to obtain assistance in complying with this section.
If the Zoning Officer determines that the dumpsters have not been appropriately placed and enclosed, enforcement and abatement shall take place as generally provided under this chapter, unless the dumpsters are placed within the right-of-way and create an immediate danger to the public, in which case the Police Department may take immediate action to cause the removal of the dumpsters.
No person shall dump trash or debris in a private dumpster of a commercial or industrial business without the express written consent of the business owner or his designee.
[Amended 9-28-2017 by Ord. No. 2017-15]
The record owner of any property (residential or nonresidential) in the Township shall be responsible for the maintenance of the area within an abutting public right-of-way between the property lines of the premises in question, extended to the cartway line.
Maintenance responsibilities shall include but are not limited to the following:
Removal of any and all weeds, litter and other debris. Trimming or cutting of overgrown grass.
Sweep or wash sidewalks and gutters, to keep in dust-free condition.
Repair, patch, restore, or replace all improvements (e.g., sidewalk, landscape area(s), curbing, etc.).
Maintain all surfaces in level and safe condition to avoid tripping hazards (e.g., filling any depressions due to settling of earth, repairing uneven edges of concrete, brick or other hard surface material, etc.).
For all repairs and/or replacements that involve removing, disturbing, excavating or digging up the surface of any street, sidewalk or other public place or any pavement, an application for a street excavation (§ 175-12) permit must be made.
Responsibilities shall not include maintenance of any streetlight, traffic signal, regulatory sign, trash receptacle, public bench, bus shelter, bicycle rack or any equipment owned and maintained by the public utility.
Every owner, operator, resident or occupant shall be responsible for the elimination of infestation in and on the premises subject to his/her control.
Insect and rat control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior and interior areas of the premises. Whenever infestation exists in the shared or public parts of the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner.
No person shall deposit any litter on the ground in a commercial or residential premises. Nothing in this section shall in any way modify the responsibility of owners, occupants, or residents under other provisions of this code for the keeping of commercial premises in a clean and sanitary condition.
Litter and maintenance of solid waste disposal facilities. All industrial and commercial sites shall be kept free from noticeable accumulation of paper and solid waste debris. Common refuse storage areas shall be kept in a clean and repaired state, in full conformance with the site plan provisions for such facilities.
The owner and operator of every shopping area shall be responsible for providing, maintaining and policing the following:
All requirements and obligations mandated by site plan approval.
Means of ingress and egress shall be clearly marked by signs.
Parking spaces shall be clearly indicated by painted lines.
Lanes for the movement of traffic in each direction shall be indicated by arrows indicating one-way traffic and shall be painted in these lanes at both ends.
Fire zones should be kept clear of all vehicular traffic and parking, as designated by the Fire Official. In addition to the obligation placed herein on the owner and operator of every shopping area, any individual parking or stopping a vehicle in an area marked as a fire zone shall be in violation of the provisions of this chapter and subject to the appropriate penalties provided in the Uniform Fire Code and other applicable fire regulations.
Stores located in shopping centers that have rear exit doors shall have the name or names of the occupant shown on the exterior of said doors in letters at least two inches high.
It shall be the duty of owners, operators and residents, where parking spaces and lanes are provided for their customers, to see that all parking is done in conformity with the spaces provided and that the flow of traffic conforms to the directional arrows painted in the lanes between the parking spaces. The Police Department, the Fire Official and Fire Inspectors shall have the authority to issue complaints to anyone obstructing a marked fire lane.
In residential zone districts and upon all properties used for residential purposes, in whole or in part, parking spaces shall be on paved or gravel driveways, constructed, installed and located pursuant to the provisions of the Zoning Code and other applicable codes, rules and regulations of the Township. Parking for motor vehicles on areas other than paved or gravel driveways is prohibited.
In all nonresidential districts and upon all properties used for nonresidential purposes, in whole or in part, parking spaces shall be on paved or gravel driveways, parking areas, or surfaces, constructed, installed, located and maintained pursuant to an approved site plan and the provisions of the Zoning Code and other applicable codes, rules and regulations of the Township. In no event shall any vehicle be parked in any exterior location other than one approved for parking as indicated by the approved site plan except in the case of a temporary emergency or necessity, not to exceed one twenty-four-hour period in any ninety-day period. No vehicles shall be stored except at an approved vehicle storage facility. Inoperable vehicles, unregistered vehicles, or vehicles awaiting repairs or service shall not remain parked in any exterior location for more than seven consecutive days in any ninety-day period except at a vehicle storage facility specifically approved for such purpose, provided that this prohibition shall not apply to vehicles displayed for sale at a duly approved and licensed new or used vehicle sales facility, provided such vehicles are parked on approved spaces.
No vehicle, commercial or otherwise, shall utilize the premises of another, whether or not permission has been granted by the owner to park, store, idle or maintain said vehicle overnight where the vehicle is not loading or unloading cargo, goods or wares for the business on the premises.
Generally. Used clothing donation steel or similar storage containers (hereinafter referred to in this section as "bins") are prohibited in the Township.
Exceptions. Registered nonprofit organizations are permitted to place used clothing bins on nonresidential property in accordance with the following:
Nonresidential commercial premises devoted to nonprofit purposes, and churches, are permitted to have up to three used clothing donation bins.
The bins shall be appropriately located so as not to interfere with sight triangles, on-site circulation, required setbacks, landscaping, parking, and any other requirements that may have been imposed as part of the site plan approval for the premises, and shall be placed on a concrete surface. The bins shall not be placed in a designated parking space, unless specifically authorized by the Zoning Officer.
The bins shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bins may not be accessed by anyone other than those responsible for the retrieval of the contents.
Each bin shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height.
Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing being strewn about the surrounding area.
A commercial zoning permit for used clothing donation bins shall be required and obtained by the owner of the bins. The permit shall be issued by the Zoning Officer, but can only be granted when it is determined by the Zoning Officer that:
The bins are for use by a duly registered nonprofit organization (Proof of nonprofit status shall be provided when the permit is submitted.);
The proper types of bins are being used as described by this section;
The bins are being placed in a proper location as described by this section;
A letter of authority/permission from the owner of the property upon which the bins are to be and/or are already located has been received; and
The name, address and phone number of the nonprofit organization or church is displayed on each bin.
If any used clothing donation bins are placed without a permit, or an inspection reveals that such bins are not in compliance with this section, enforcement and abatement shall take place as generally provided under this chapter.
Upon discovery by an occupant of any condition of the premises which constitutes a violation of this chapter by the owner or operator, the occupant shall report same to the Director of Community Development, who shall assign the investigation of the condition.
The provisions of this chapter shall be enforced by the Police Department, the Construction Official, the Director of the Department of Community Development, any Health Officer, the Zoning Officer, the Township Engineer, the Superintendent of Public Works, the Township Manager, or any other agent or employee designated by the Township Manager. Proof of designation shall be satisfied by a memorandum written by the Township Manager.
Collectively, and individually, the aforementioned are hereinafter referenced as "enforcement official."
All buildings and premises subject to this code are subject to inspection annually and at the time of change of use or ownership by an enforcement official. At the time of such inspections, all parts of the premises must be available and accessible for such inspections, and the owner, operator, resident and occupant are required to provide the necessary arrangement to facilitate such inspections. Such inspections shall be made during regular 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 safety requiring inspection and abatement without delay.
The Director of Community Development may develop and approve an inspection checklist for use in the assistance of enforcement of this chapter and to clarify for the owner, operator or occupant the results of the inspection and the steps which are required to abate any violations of this chapter. Said checklist may be amended from time to time by the Director with further approval by the Township Manager.
Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement official may order the owner, resident, 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, resident or occupant to correct said condition, the enforcement official shall cause said condition to be abated immediately thereafter and place a lien on the property for the cost of abatement.
A notice of enforcement and abatement shall be served on the owner, lessor or agent, and the notice shall be posted upon the premises in a conspicuous place when the owner, lessor, or agent cannot be found at the address in the registration or in the Township tax records.
Notice may be served by regular and certified mail, national overnight courier service and/or personal service.
Any of the above-listed enforcement officials shall provide written notice to owners, operators and occupants found to be in violation of this chapter, which shall be known as an "enforcement and abatement notice." Said enforcement and abatement notice shall specify:
Any owner, operator or occupant who receives an enforcement and abatement notice who fails to, or refuses to, correct the violations shall be subject to receipt of a summons for violation of this chapter.
Any aggrieved party that receives an inspection report based upon a change of ownership or change of use of the premises, which report identifies items that are strictly limited to issues concerning compliance with an approved site plan, may request a waiver of said condition by the approving land use board. The party shall file notice with the Township Clerk within 15 days of the receipt of the notice or inspection report and shall file an application for a request for the waiver with the appropriate land use board within 25 days of receipt of the inspection report.
Where abatement of any nuisance, as defined herein, or correction of a defect on the premises or the maintenance of the premises in a proper condition to conform to applicable ordinances of the Township of Maple Shade or the laws of the State of New Jersey requires expenditures of the Township of Maple Shade moneys either by the supplying of labor by Township employees, the furnishing of material by the Township or the hiring of outside contractors, said expenditures shall first be approved by the Township Manager of the Township of Maple Shade. The enforcement official shall present a report of the work to be accomplished to the Manager, along with a summary of the proceedings undertaken to secure compliance, including notice served upon owners, operators, residents, occupants or their agents, as the case may be, by telephone, telegram, etc. The Manager shall then approve the expenditures, which may include reasonable attorney fees. The Township Manager shall report the same to the Township Council, and the governing body shall assess the same against the premises collectible as provided by law. A copy of the resolution approving said expenses shall be certified by the Township Clerk and filed with the Tax Collector of the Township of Maple Shade, who shall be responsible for the collection thereof, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner.
In addition to any costs associated with a lien for abatement, any owner, operator, occupant or resident shall, upon conviction for a violation of this chapter, be punishable by a fine not greater than $2,000, 90 days of community service or 90 days of incarceration, or combination thereof. Each day's continued violation of this chapter shall constitute a separate and distinct offense of the provisions hereof. In the event said violation(s) continues unabated for a period of five days or if said violation occurs within the same twelve-month period, said continued or second or more violations shall, upon conviction thereof, be punishable by a fine of not less than $500 nor more than $2,000 per day for the continued violation. Temporary or subsequent compliance with this chapter shall not constitute a defense against any subsequent or other violation of this chapter. The imposition of any fine or penalty issued herein shall not prevent the Township from collection of cost for services through the lien process described herein.