All of the provisions in this chapter shall be applicable to
both residential and nonresidential buildings and premises, except
where specifically provided to the contrary. The exterior of any premises
shall be kept free of refuse, nuisances and any hazards to the safety
of occupants, pedestrians and other persons utilizing the premises
and free of unsanitary conditions. It shall be the duty of the owner
or operator to keep the premises free of or remove, abate and correct
the premises against such conditions, which include but are not limited
to the following:
A. Prohibited uses and activities:
(1) Animal excrement piles or vegetable waste, paper, rags, cartons,
boxes, fallen tree branches, yard trimmings, objects in a state of
general disrepair that are not being used for their original intended
purpose, garbage, waste materials, scrap building materials, used
tires, scrap metal, glass or wood, appliances in disuse, plumbing
fixtures, furniture in disrepair. Prohibitions as to vegetable or
animal waste shall not apply to premises that are actively annually
farmed, including orchards, and that are subject to farmland assessment.
[Amended 2-21-2012 by Ord. No. 3-2012]
(2) Structurally unsafe or unsound buildings or structurally unsound
parts thereof, structurally unsound walls or foundations, and fences.
(3) Wells, shafts or other excavations except those that have been secured
or closed in such a way that they are not capable of entry by minor
children.
(4) Ground surface hazards, such as holes, excavations, sharp or jagged
projections or obstructions, glass or metal shards, projections of
pipes, metal rods or similar objects that are not well marked and
plainly visible.
(5) Stagnant or recurring accumulations of surface water that are present for more than five days and present a risk of insect infestation, excluding Chapter
188, stormwater management, regulations, facilities and additional requirements for stormwater management facilities and areas outside sewer zones.
(6) Dead or diseased trees or shrubbery; dead or diseased limbs still
attached or suspended within trees with a diameter of more than one
inch that because of their location might fall on private or public
property including rights-of-way. The owner or operator shall be responsible
for the removal of vegetation.
(7) The outdoor placement of vehicles, machinery, equipment or parts
thereof, including, but not limited to, boats and trailers, regardless
of whether they are licensed or registered, which have been dismantled
or have been in a state of visible disrepair for more than 30 days;
vehicles that are mechanically inoperable or unfit for immediate use
on public roadways and that have been in that condition for more than
30 days; unregistered motor vehicles that are operable but have remained
unregistered for more than 90 days. Parking areas shall generally
be free of grease, oil and debris. Vehicles shall be stored in designated
parking stalls, in garages or carports or on driveways.
(8) Chimneys, flues and vent attachments thereto, if used, 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 and
constructed and they shall comply with the UCC. Chimneys, flues, vents
and other draft-producing equipment shall provide sufficient draft
to develop the rated output of the connected equipment, shall be structurally
safe, durable, smoke-tight and capable of withstanding the temperature
and action of flue gases.
(9) Railings associated with exterior porches, landings, balconies, stairs
and fire escapes shall be properly designed and kept structurally
sound, in good repair, well painted or otherwise provided with a protective
treatment to prevent deterioration and free from defects.
(10)
Refuse, rubbish or buried rubble, excluding legal landfills.
(11)
Trees and limbs or other natural growth which constitutes a
hazard or may be dangerous to persons in the vicinity thereof.
(12)
Loose, overhanging and projecting objects, whether naturally
occurring or man-made, which by reason of location above ground level
constitute dangers to persons in the vicinity thereof.
(13)
Breaks, projections, icy conditions, uncleared snow, obstructions
and excretion of pets on paths, sidewalks, walks, driveways, streets,
alleyways, parking lots and other parts of the exterior of the premises
which are accessible to and used by persons having access to such
premises.
B. Required obligations:
(1) Adequate runoff drains shall be provided and maintained in accordance
with applicable Township ordinances to eliminate recurrent accumulations
of stormwater.
(2) All premises shall be kept free of rodents, vermin, pest infestation
or rodent harborages. 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.
(3) Foundation walls and retaining walls shall be kept structurally sound,
free from defects and damage and capable of sustaining imposed loads
safely.
(4) Any awning or marquee and its accompanying structural members which
extend over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall be so maintained as to
not constitute a nuisance or a safety hazard. In the event that any
such awning or marquee is not properly maintained in accordance with
the foregoing it shall together with its supporting member be removed
forthwith. Where such awning or marquee is exposed to public view,
it shall be maintained in good condition and shall not show evidence
of excessive weathering, ripping, tearing or other deterioration.
(5) All sidewalks, steps, driveways, walkway entrances, stairways, parking
spaces and similar paved areas shall be maintained in a safe condition
and kept in a proper state of repair such as will not constitute a
hazard to persons using the premises.
(6) All waterways, brooks, drainage ditches, intermittent waterways and
swales shall be maintained free of obstructions which would impede
the natural flow of water to be consistent with state rules and regulations
and as such the dumping or discarding of lawn clippings, vegetation
or yard waste into any running stream or brook shall be prohibited.
(7) Anything which materially increases the risk of fire occurring or
fire accelerating on the premises; any substance or arrangement of
materials on the premises that materially increases the risk of fire
spreading to an adjoining premises; chemicals or other substances
hazardous to human health, not safely stored in a sealed container
that is inaccessible to children; lead-based paint flakes on the ground
where children are likely to be exposed to their presence.
(8) Items of furniture, goods or appliances customarily intended for
indoor use except insofar as the specific item is receiving regular
use and is kept in good repair. No refrigerator, freezer or similar
thing that presents a risk of suffocation to children shall be kept
outdoors at any time unless the same is kept under lock or is otherwise
altered to eliminate the risk of entry by children.
(9) Grass or weeds of a height of more than six inches. Excluded from
this requirement are power line rights-of-way and orchard or farm
lands that are actively being farmed, fields or parts of a premises
that have not heretofore been sown with commercially grown grass seeds
or that heretofore have not been subjected to a regular program of
cutting.
(10)
Brush, hedges, other plant life that unreasonably obstructs
the view of a person entering or exiting by motor vehicle from any
driveway; obstructs to any degree the visibility of any children entering
an existing marked crosswalk. Brush, hedges, other plant life within
25 feet of the edge or curbline of two intersecting streets unless
such plant life shall be kept to a height of not more than 30 inches
above the pavement. Exceptions shall exist for signage, street furniture
and leaf collection.
(11)
Any pool or other large vessel containing water that has not
been chemically treated and has become a potential source of insect
breeding or a source of malodorous smells; any pool that has fallen
into disrepair and that was not used for its intended purpose in the
preceding 12 months.
(12)
Any physical condition which is potentially dangerous, detrimental
or hazardous to the health or safety of persons on, near or passing
in proximity to the premises where the condition exists, including
any condition that would constitute a nuisance according to the statues,
laws and regulations of the State of New Jersey. Any condition that
would serve as a source of offensive odors readily detectable on adjoining
properties, which source of odors is recurrent or which has been allowed
to exist for more than 24 hours. Excluded are odors that are incidental
to the ordinary farming and livestock raising practices employed in
this community.
(13)
It shall be unlawful for any person or persons, corporation or otherwise, to throw wastepaper, grass clippings, sweepings, ashes, household waste, rubbish, paper, trash, garbage or any other waste material of any kind onto another person's property or into any street, avenue or highway, cartway and right-of-way in the Township of Harrison or to interfere with, scatter or disturb the contents of any receptacle or receptacles containing waste material of any nature or description, which shall be placed upon any pavement, street or sidewalk in the Township of Harrison for collection by any duly authorized agency of the Township or otherwise. A trash container may be placed in the street along the curb or edge of pavement and within the grassy strip between the path, sidewalk or walk and the curb or edge of pavement as long as traffic, drainage, parking and pedestrian circulation is not impeded, and pursuant to the collection procedures and regulations set forth in Chapter
185 of the Code of the Township of Harrison.
[Amended 3-19-2012 by Ord. No. 23-2012]
(14)
The property shall be maintained free of mold, mildew, algae
and/or moss on all exterior structures and buildings.
[Added 7-17-2017 by Ord.
No. 22-2017]
(15)
All property shall be maintained in a secure manner so as not
to be accessible to unauthorized persons. A "secure manner" shall
include, but not be limited to, the closure and locking of windows,
doors, gates and other openings of such size that may allow a child
to access the interior of the property or structure. Broken windows,
doors, gates and other openings of such size that may allow a child
to access the interior of the property or structure must be repaired.
Broken windows shall be secured by reglazing of the window. Except
in the event of a temporary emergency condition (for example, fire
or storm conditions), doors, windows and/or garage doors shall not
be boarded and/or covered. If required, all doors, windows and/or
garage doors shall be repaired and/or replaced such that they can
be properly locked in a secure manner.
[Added 7-17-2017 by Ord.
No. 22-2017]
C. A residential property owner or a place of worship or nonprofit shall
not be liable for the condition of a path, sidewalk or walk unless
the owner did something to cause the defect. Uneven pavement from
tree roots, normal wear or cracking shall be the responsibility of
the homeowner to fix. A nonresidential property owner shall be liable
for the condition of both the path, sidewalk or walk and grassy strip
between the path, sidewalk or walk and the curb or edge of pavement.
D. The exterior of every building or accessory building, including fences,
shall be maintained in good order and repair. It shall be maintained
free of conditions reflective of extensive deterioration and subnormal
maintenance, characterized by such conditions as broken panes of glass,
excessively peeling paint, openings unprotected by doors or windows,
loose or missing siding or roof coverings affecting 5% or more of
the outside surface, numerous instances of rotting wood or crumbling
stones or bricks, defective or inoperable leaders or gutters which
permit water damage to the property, to the end that the property
itself may be preserved, safety and fire hazards eliminated and the
general welfare of the neighborhood protected.
E. A formally constructed mulch or composting structure is permitted
for the conversion of vegetative matter into compost. The compost
structure shall be situated or located within 20 feet of the rear
yard property line and shall not be placed within 20 feet of the side
yard property lines.
[Added 2-21-2012 by Ord. No. 3-2012]