Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
BATHROOM
Any enclosed space which contains a water closet and which
may also contain one or more of the following: bathtub, shower, lavatory
or fixtures serving similar purposes.
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outbuildings and appurtenances
belonging thereto or usually utilized in connection therewith.
DETERIORATION
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
substantial evidence of physical decay, neglect, lack of maintenance
or excessive wear.
EXPOSED TO PUBLIC VIEW
Any premises or part thereof which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway,
parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES
(1)
Any part of the premises not occupied by any
building;
(2)
Any open space on the outside of any building;
or
(3)
Any part of any building which is exposed to
the elements.
EXTERMINATION
The control and elimination of insects, rodents and vermin,
whether by eliminating their harborage places or by removing or making
inaccessible material that may serve as their food, or by poisoning,
spraying, fumigating, trapping or any other legal means of pest elimination.
GARBAGE
The animal and vegetable matter or other organic waste resulting
from the handling, preparation, cooking and consumption of food or
other products.
HAZARD
Includes but is not limited to the following:
(1)
Natural growth. Dead and dying trees, limbs
and other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, are or may be dangerous to persons in
the vicinity thereof.
(2)
Overhangs. Loose, overhanging and projecting
objects and accumulations of ice and snow which, by reason of location
above ground level, constitute a danger to persons in the vicinity
thereof.
(3)
Ground surface conditions. Holes, excavations,
breaks, heaps of material, ungraded fill, projections, traps and obstructions
on paths, sidewalks, driveways, parking lots and parking areas and
other parts of the exterior of the premises which are accessible to
and used by persons having access to such premises.
(4)
Recurring accumulation of stormwater. Inadequate
running off or recurrent accumulations of stormwater due to lack of
or improper installation or maintenance of drains.
(5)
Sources of infestation. Conditions conducive
to breeding or harboring of insects, rodents, vermin or pests.
(6)
Defective foundation walls. Holes, breaks, deterioration,
undermining or any damage in foundation walls rendering same incapable
of safely bearing all imposed loads placed thereon or of excluding
weather, vermin and other pests.
(7)
Defective chimneys, flues and vent attachments
thereto. Chimneys, flues and vent attachments not structurally sound
or free from defects, or inadequately designed, attached or maintained,
so as to perform capably at all times the functions for which they
were designed and constructed; chimneys, flues, gas vents and other
draft-producing equipment which do not provide sufficient draft to
develop the rated output of the connected equipment or are not structurally
safe, durable, smoketight or capable of withstanding the action of
flue gases.
(8)
Defective exterior porches, landings, balconies,
stairs and fire escapes. Exterior porches, landings, balconies, stairs
and fire escapes which are not provided with banisters or railings
properly designed, not structurally sound or maintained in good repair,
painted or not otherwise provided with a protective treatment to prevent
deterioration.
INFESTATION
The presence on or within premises of insects, rodents, vermin
or pests.
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar or can or any top, cap
or detachable tab of any bottle, jar or can; any unlighted cigarette,
cigar, match or any flaming or glowing material; or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste;
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary processes of mining or other extraction processes,
logging, saw milling, farming or manufacturing.
[Amended 2-19-1991 by Ord. No. 91-5]
MIXED OCCUPANCY
The use of any building for both residential and nonresidential
purposes.
NUISANCE
(1)
Any public nuisance known at common law or as
defined by the statutes of the State of New Jersey or by the ordinances
of the Township of Montclair.
(2)
Any inadequately protected well, shaft, basement,
excavation, abandoned motor vehicle, appliance or equipment, structurally
unsound fence or building, building materials, trash, debris or vegetation,
such as poison ivy, oak or sumac, or other substance or any condition
which is or may be detrimental to the safety or health of persons.
(3)
Any hazard, as defined herein, which is dangerous
to human life or detrimental to health of persons on or near the premises
where the hazard exists.
(4)
Fire hazards, as defined by Chapter
153, Fire Prevention.
OCCUPANCY UNIT
Any room or group of rooms or part thereof forming a single
usable unit (used or intended to be used or designed to be used for
nonresidential purposes) and located within a building used or intended
to be used or designed to be used in whole or in part for other than
residential occupancy.
OCCUPANT
Any person or persons (including the owner) in actual possession
of and using an entire building or an occupancy unit in a building.
OPERATOR
Any person (including the owner) who has care or control
of the premises or any part thereof.
OWNER
The holder or holders of all or part of the title to the
premises.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building or premises and any who are in actual possession
thereof.
PERSON
Any individual, firm, corporation or other legal entity,
and also a political subdivision of a state or the United States.
PREMISES
A lot, plot or parcel of land whether or not the same has
buildings situated thereon.
PUBLIC AUTHORITY
The person or persons who are authorized by the codes and
ordinances of the Township of Montclair to exercise powers prescribed
therein.
REFUSE
Any rotting or spoiling foodstuffs, fruits or vegetables
and all putrescible and nonputrescible solid wastes, including but
not limited to garbage, rubbish, ashes, litter, dead animals, abandoned
automobiles and solid market and industrial wastes, brush, weeds,
broken glass, stumps, roots, obnoxious growths, filth, trash, rubbish
and debris of any description.
RUBBISH
All combustible and noncombustible waste materials, except
garbage.
STRUCTURE
Any assembly of materials forming a construction, including
but not limited to buildings, stadiums, gospel and circus tents, reviewing
stands, platforms, stagings, observation towers, radio towers, water
tanks, trestles, open sheds, bins, shelters, fences and display racks
and signs.
TRANSLUCENT
The property of admitting the passage of light but diffusing
it so that objects cannot be clearly distinguished.
TREE PIT
The area immediately surrounding a tree, the perimeter of
which may be decorative brick, grating, native soil or grass.
[Added 12-27-2001 by Ord. No. 01-54]
WEATHERING
Deterioration, decay or damage caused by exposure to the
elements.
WINDOW
An opening in the wall or roof of a building for the admission
of light or air, which opening may be closed to the elements by casements
or sashes containing glass or other transparent or translucent materials.
WINDOW DISPLAY AREA
That area of a building in proximity to the inner surface
of a window which is designed or used for the viewing of the interior
and the display of items representative of any goods or services pertaining
to the business conducted therein.