[HISTORY: Adopted by the Township Council
of the Township of Burlington 9-28-1993; amended 3-27-2001 (Sec. 18:1 of the 1975 General Ordinances). Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Boardinghouses and furnished rooms — See Ch.
135.
Brush, weeds, trees and debris — See Ch.
140.
Unfit buildings — See Ch.
153.
Uniform construction codes — See Ch.
200.
Fire prevention — See Ch.
275.
Hotels, motels and apartments — See Ch.
313.
Housing standards — See Ch.
318.
Land development — See Ch.
330.
Solid waste — See Ch.
512.
Streets and sidewalks — See Ch.
520.
This chapter shall be known as the "Property
Maintenance Code" and may be referred to in this chapter in the short
form as "this code."
It is hereby found and declared that there exist
in the Township structures used for residential and nonresidential
uses which are or may become in the future substandard with respect
to structure, equipment or maintenance, or further that such conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of the exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Township. It is further found and declared that, by reason of
lack of maintenance and because of progressive deterioration, certain
properties have the further effect of creating blighting conditions
and initiating slums 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 large amounts of public funds to correct
and eliminate the same and that, by reason of timely regulations and
restrictions as are herein contained, the growth of slums and 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, morals and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
residential and nonresidential premises; to establish minimum standards
governing utilities, facilities and other physical components and
conditions essential to make the aforesaid facilities 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 residential and 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.
A. All definitions of the BOCA Basic Building Code and
the New Jersey Uniform Construction Code are hereby included by reference.
Said codes which are referred to are the latest editions published
before the passage of this chapter.
B. The following terms, wherever used herein or referred
to in this code, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context.
DETERIORATION
The condition of a building, or part thereof, characterized
by holes, breaks, rot, crumbling, peeling, rusting or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises, or any part thereof, or any building, or any
part thereof, which may be lawfully viewed by the public.
EXTERMINATION
The control and elimination of insects, rodents and vermin.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises, which constitutes a health hazard.
MIXED OCCUPANCY
Any building containing one or more dwelling units or room
units and also having a portion thereof devoted to nondwelling uses
or used as a hotel.
NUISANCE
(1)
Any public nuisance as defined by statute or
ordinance.
(2)
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 unoccupied lot. This includes, but
is not limited to, abandoned wells, shafts, basements or excavations,
abandoned iceboxes, refrigerators, motor vehicles or motor vehicle
parts, and any structurally unsound fences or structures, lumber,
trash, fences, debris or vegetation, such as poison ivy, poison oak
or poison sumac, which may prove hazardous for inquisitive minors.
(3)
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
(4)
Overcrowding of a property in violation of the
Code of the Township of Burlington.
(5)
Insufficient ventilation or illumination in
violation of this code.
(6)
Inadequate or unsanitary sewage or plumbing
facilities in violation of this code.
(7)
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
(8)
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
OPERATOR
Any person who has charge, care or control of a dwelling
or 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 who shall have charge,
care or control of any dwelling unit as owner or as 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 dwelling or dwelling unit 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 said lessee.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
PUBLIC AUTHORITY
Any officer who is in charge of any department or branch
of the government of the municipality, county or state relating to
health, fire or building regulations or to other activities concerning
buildings in the municipality.
PUBLIC OFFICER
The officer or officers who will enforce the provisions of
this code are the Construction Official or his designee.
REFUSE
All putrescible and nonputrescible solid waste (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned motor vehicles, broken machinery,
engines, lawn mowers, and similar equipment, as well as solid market
and industrial wastes. (See also "garbage" and "rubbish.")
RUBBISH
Nonputrescible 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. (See also "garbage" and "refuse.")
Every residential, nonresidential or mixed-occupancy
building and the land on which it is situated, used or intended to
be used for dwelling, commercial, business or industrial 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 shall have been issued for the use or 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 also apply to
mobile home parks.
In any case where the provisions of this code
impose a higher standard than set forth in any other local ordinances
or under the laws of the state, then the standards as set forth herein
shall prevail, but if the provisions of this code impose a lower standard
than any other local ordinances or of the laws of the state, then
the higher standard contained in any such other ordinances or laws
shall prevail.
No license or permit or other certification
of compliance with this code shall constitute a defense against any
violation of any other local ordinances applicable to any structure
or premises, nor shall any provision herein relieve any owner, operator
or occupancy from complying with any such other provision nor any
official of the Township from enforcing any such other provision.
A. Maintenance 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 the occupant,
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 premises free of hazards, which include but
are not limited to the following:
(1) Refuse. Brush, weeds, broken glass, stumps, roots,
obnoxious growths, filth, garbage, trash and debris.
(2) Natural growth. 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 shall be kept pruned and trimmed to prevent
such conditions.
(3) Overhangings. Loose and overhanging objects and accumulations
of ice and snow which by reason of location above ground level constitute
a danger of falling on persons in the vicinity thereof.
(4) Ground surface hazards or unsanitary conditions. Holes,
excavations, breaks, projections, obstructions, icy conditions, uncleared
snow and excrement of pets and other animals on paths, walks, driveways,
parking lots and parking areas and other parts of the premises which
are accessible: holes and excavations shall be filled and repaired,
walks and steps replaced and other conditions removed where necessary
to eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery. This subsection does not apply to single-family
dwellings.
(5) Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
(7) Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing imposed
loads safely.
(8) Chimneys and all flue and vent attachments thereto.
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 designed. 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.
(9) Exterior porches, landings, balconies, stairs and
fire escapes. Exterior porches, landings, balconies, stairs and fire
escapes shall be provided with bannisters 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.
B. Appearance of exterior of premises and structures.
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.
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 permitted
under the Zoning Ordinance for the premises.
Premises with landscaping and lawns, hedges
and bushes shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view and where the same constitutes a blighting
factor depreciating adjoining property.
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 conditions reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties protected from blighting influences. A periodic exterminating
service shall be maintained in all multiple-family dwellings as required.
A. The outside building walls shall not have any holes
or loose boards or any broken, cracked or damaged finish, which admit
rain, cold air, dampness, rodents, insects or vermin.
B. Every dwelling shall be so maintained as to be weathertight
and watertight.
C. Basements, cellar and crawl spaces shall be free of
moisture resulting from seepage and shall have cross ventilation where
necessary to prevent accumulations of moisture and dampness.
D. All parts of the premises shall be maintained so as
to prevent infestation.
E. All parts of the dwelling 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. All boards and wood, including floorboards, subfloors,
joists, bridging and all other boards in any interior or exterior
floor, wall, roof or other part of the structure shall be maintained
to be free of cracks, termite damage or rot. Any damaged members shall
be replaced.
All inspections, regulations, enforcement and
hearings on violations of the provision of this code, unless expressly
stated to the contrary, shall be under the direction and supervision
of the public officer. The public officer is deemed to be the Construction
Official or his designee.
Whenever a petition is filed with the public
officer by a public authority or by a resident of the municipality,
charging that any building is unfit for human habitation or occupancy
or whenever it appears to the public officer on his own motion that
any building is unfit for human habitation, occupancy or use or that
the continuing of any condition constitutes a nuisance in the meaning
of this chapter or presents a condition harmful to the health and
safety of the occupants of said building and the general public of
the municipality, the public officer shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such building a complaint
stating the charges and containing a notice that a hearing will be
held before the public officer or his designated agent, all of the
foregoing in accordance with the applicable notice provisions of the
Uniform Construction Code. With regard to alleged violations of the
Uniform Construction Code, the appropriate officer to hold the designated
hearings shall be the Construction Code Official of the Township of
Burlington.
If after such notice and hearing the public
officer determines that the building under consideration is unfit
for human habitation or occupancy or use, he shall state in writing
his findings of fact in support of the determination and shall issue
and cause to be served upon the owner thereof and parties in interest
an order:
A. Requiring the repair, alteration or improvement of
the said building to be made by the owner, within a reasonable time,
which time shall be set forth in the order or, at the option of the
owner, to vacate or have the said building vacated and closed within
the time set forth in the order; or
B. If the building is in such a condition as to make
it dangerous to the health and safety of persons on or near the premises
and the owner fails to repair, alter or improve the said building
within the time specified in the order, then the owner shall be required
to remove or demolish the said building within a reasonable time as
specified in the said order of removal.
If after such notice and hearing the person
or persons notified disagree with the decision of the public officer,
then they shall have the right to appeal to a court of competent jurisdiction.
If the owner fails to comply with an order to
repair, alter or improve or, at the option of the owner, to vacate
and close the building, the public officer may cause such building
to be repaired, altered or improved or to be vacated and closed. The
public officer may cause to be posted on the main entrance of any
building so closed a placard with the following words: "This building
is unfit for human habitation or occupancy or use: The use or occupation
of this building is prohibited and unlawful." If the owner fails to
comply with an order to remove or demolish the building, the public
officer may cause such building to be removed or demolished or may
contract for the same after calling for bids in accordance with applicable
provisions of the New Jersey Uniform Construction Code.
The owner of the property where the public officer
had a building removed or demolished shall be liable for all costs
incurred by the public officer, on behalf of the municipality, relating
to such removal or demolition. Said costs shall be certified by the
public officer to the Tax Collector of the Township of Burlington
and shall forthwith become a lien upon the property in question and
shall be added and become part of the taxes next to be assessed and
levied upon such property, the same to bear interest at the same rate
as other taxes and shall be collected and enforced by the same officers
in the same manner as taxes.
Complaints, orders and notices issued by the
public officer shall be served personally or by certified mail, return
receipt requested, or by posting a notice on the property which is
the subject of the violation. If the person to be served cannot be
found in the exercise of reasonable diligence, and the public officer
shall make an affidavit to that effect, the service of said complaint
or order may be made in accordance with the applicable provisions
of the New Jersey Construction Code.
The public officer may determine that a building
is unfit for human occupancy if he finds that conditions are dangerous
or injurious to health or safety, including fire hazards, danger of
accidents, lack of adequate ventilation, light or sanitary facilities,
disrepair, structural defects or uncleanliness.
[Amended 8-25-2009 by Ord. No. 09-OR-020; 8-9-2011 by Ord. No.
11-OR-018]
In addition to removal or demolition of a building, the public officer may order necessary repairs or improvements to be made by the owner. In the event the necessary repairs or improvements are not affected by the owner of the property, the public officer shall cause the same to be made by the Township of Burlington or its employee, official and/or designee. The owner of the property shall be liable for the costs of the said repairs or improvements in the manner provided for under §
442-18. The minimum charge for repairs or improvements shall be $300.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
Any person, firm or corporation in violation of any provision of this chapter shall be subject to the maximum penalty in Chapter
1, Article
II, Definitions; General Penalty, and a separate offense may be deemed committed on each day during or on which a violation occurs or continues. The Burlington Township Municipal Court shall have concurrent jurisdiction for complaints alleging violations of this chapter.
Nothing herein contained shall be deemed to
limit, modify or abrogate any right, either in law or in equity, which
the Township of Burlington shall deem to possess in order to correct
the conditions complained of or prohibited by this chapter.