[HISTORY: 1988 Code §§ 113-1—113-13 adopted as amended through December 31, 2013. Amendments noted where applicable.]
The Township of Wayne finds that certain unsafe, unsanitary and unhealthy conditions tend to occur at various commercial and industrial properties in the Township unless proper maintenance procedures are followed. Since many persons are attracted to and actually use the facilities at these commercial and industrial properties, the public health, safety and welfare require prevention of unsafe, unsanitary and unhealthy conditions upon any commercial and industrial properties in the Township.
This chapter shall be known as the "Commercial and Industrial Maintenance Code of the Township of Wayne."
The purpose of the Commercial and Industrial Maintenance Code is to protect health, safety and welfare by establishing minimum standards governing the exterior maintenance of commercial and industrial premises; to prescribe certain responsibilities and duties on owners and operators and prescribe distinct and separate responsibilities and duties on occupants; to authorize and establish procedures for the inspection of commercial and industrial premises; to fix penalties for violations of the Commercial and Industrial Maintenance Code; and to provide for the right of access to permit repairs when necessary. The Commercial and Industrial Maintenance Code is declared to be remedial and essential for the public interest, and it is intended that it be liberally construed to effectuate the purposes stated.
As used in this chapter, the following terms shall have the following meanings:
- COMMERCIAL OR INDUSTRIAL PREMISES
- A lot or tract of land on which or on any part of which commercial or industrial activity of any kind takes place. Such activity includes all commercial and industrial uses permitted, conditionally permitted or allowed as a preexisting nonconforming use in any zoning district within the Township of Wayne.
- EXTERIOR OF PREMISES
- The exterior facades or external portions of a building and open space of any premises outside of any building erected thereon which are exposed to public view.
- The presence of insects, rodents, vermin or other pests on the premises, in sufficient numbers to constitute a health hazard in the opinion of the Public Officer.
- A. Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building or on a lot. This includes but is not limited to the following: structurally unsound fences or structures, lumber, trash, fences and debris of any kind and description.
- B. Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
- C. Unsanitary conditions or anything unreasonably offensive or dangerous to health or safety.
- D. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, or whatever creates an unreasonable nuisance through odor or noise so as to deprive adjacent owners of the quiet enjoyment of their property.
- E. Fire hazards as determined by the Public Officer.
- A person having actual possession or use of any commercial or industrial premises or any part thereof.
- A person who has charge, care or control of commercial or industrial premises, or any part thereof, whether with or without the consent of the owner.
- A person who, alone or jointly with others, has legal or equitable title to any commercial or industrial premises, with or without accompanying actual possession; or has charge, care or control of any commercial or industrial premises as owner or agent of the owner or as fiduciary, including but not limited to an executor, executrix, administrator, administratrix, trustee, receiver or guardian of an 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 a commercial or industrial 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.
- PUBLIC OFFICER
- The Business Administrator of the Township of Wayne is hereby designated as the Public Officer to exercise the powers prescribed in this chapter. He may appoint or designate such other public officials or employees of the Township of Wayne to perform such of his/her functions and powers under this chapter as he/she deems necessary for the enforcement of this chapter, including but not limited to the making of inspections, issuance of notices/summons and/or holding of hearings.
- SHOPPING AREA
- One or more buildings or parts thereof designed as a unit, to be occupied by one or more businesses for the conduct of businesses primarily engaged in retail merchandising.
Compliance with the Commercial and Industrial Maintenance Code.
The Commercial and Industrial Maintenance Code establishes minimum standards for the initial and continued occupancy and use of all commercial and industrial premises, including those occupied and used before the adoption of the Commercial and Industrial Maintenance Code and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the commercial or industrial buildings or premises contained therein. Where there is mixed occupancy with commercial or industrial and other uses on the same premises, all such uses shall be regulated by and subject to the provisions of the Commercial and Industrial Maintenance Code.
Where any other ordinance or code exists that may have different standards, the Public Officer shall establish which ordinance or code shall apply.
Responsibility of owners and occupants.
Owners and operators shall have all the duties and responsibilities prescribed in the Commercial and Industrial Maintenance Code and no owner or operator shall be relieved from any duty and/or responsibility, or be entitled to defend against any charge of violation, by reason of the fact that the occupant is also responsible and in violation thereof.
Occupants shall have such duties and responsibilities as are prescribed for them in this chapter and shall not be relieved of any duty and responsibility, or be entitled to defend against any charge of violation, by reason of the fact that the owner or operator is also responsible and in violation thereof.
After the date of enactment of this chapter, all licenses and permits relating to such buildings and premises which may be issued or renewed pursuant to any other ordinance of the Township of Wayne may be issued or renewed only upon compliance with the Commercial and Industrial Maintenance Code, as well as compliance with the ordinances under which such licenses and permits may be granted or renewed as determined by the permitting authority.
Exterior to be kept free of all nuisances. The exterior of premises and structures shall be kept free of nuisances, unsanitary conditions and any other hazards to the health or safety of occupants, pedestrians and other persons utilizing the premises. Any nuisance, unsanitary condition or other hazard shall be promptly removed and abated by the owner and/or operator to keep the premises free of health hazards, including but not limited to the following:
Refuse. Broken glass, filth, garbage, trash, litter and debris.
Natural growth; vicinity of business. Brush, weeds, ragweed, stumps, roots and obnoxious growth; dead and dying trees and limbs or other natural growth which, through rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions.
Overhanging. Loose and overhanging objects and accumulations of ice and snow above ground level, which constitute a danger of falling on persons in the vicinity of such conditions.
Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, broken or missing pavement, concrete. All holes and excavations shall be filled and repaired, walks and steps repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions. It shall be the responsibility of owners and operators to take reasonable steps to discover and remove 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. Recurrent stormwater shall be water still ponding 24 hours after a rain event.
Sources of infestation.
Signs. All signs, pavement markings and/or printed matter and pictures or illustrations contained thereon, permitted by reasons of other regulations or as a lawful nonconforming use, shall be maintained in good repair.
Landscaping. Lawns, hedges and bushes shall be kept trimmed and maintained from becoming overgrown.
Premises to be kept in good repair. The exterior of every structure or accessory structure, including fences and storefronts, shall be maintained in good repair. All structural surfaces shall be kept painted where necessary for preservation and appearance, free of excessive peeling paint and maintained free of safety hazards, such as broken windows, loose and falling shingles and crumbling and falling stone or brick, further subject to the following regulations:
Unsafe exterior facilities. Unsafe exterior facilities include exterior porches, landings, balconies, stairs and fire escapes, all of which shall be kept structurally sound and in good repair and shall be provided with banisters or railings properly designed and maintained.
Signs and billboards. All permanent signs and billboards exposed to public view, permitted by ordinance or other regulations or as a lawful nonconforming use, shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All inoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
Windows exposed to public view. All windows exposed to public view shall be kept clean and free of marks, dirt and grime and be unbroken or uncracked.
Awnings or marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be so maintained as to not constitute a nuisance or safety hazard. In the event any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.
Temporary scaffolding or equipment. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period necessary to reasonably complete the purpose for which such equipment was intended to be used.
Storefronts. All storefronts shall be maintained in good repair, and all surfaces thereof shall be kept painted when necessary for the purposes of preservation and appearance. In the event that repairs to a portion of a storefront are made, such repairs shall be performed with materials identical to or compatible with the materials used in the area not undergoing repair, to the end that the appearance of the storefront shall be uniform and attractive.
Unoccupied buildings. All unoccupied buildings shall be subject to the provisions hereof.
Removal of garbage and refuse. The owner, operator and occupant shall have the duty and responsibility of removing refuse and garbage as often as required to prevent unsanitary, unhealthy or unsightly condition. No garbage and refuse shall, while on the premises, be stored in such a manner as to create a nuisance. All containers shall be water tight and have tight fitting lids. All receptacles shall be of the type and capacity as approved.
A solid, non-wire trash basket with at least a 20-gallon capacity and an appropriate lid shall be provided for each 150 feet of store frontage in any shopping area. These baskets shall be placed in the walking and/or pedestrian area and shall be provided with covers and shall not be allowed to overflow.
Maintenance of sidewalks. All sidewalks shall be maintained free of litter in front of the occupant's commercial premises. The area shall be swept as often as necessary to maintain it free of litter, spillage and other debris.
Premises to be maintained in a clean and sanitary manner.
All parts of the premises, including but not limited to both the interior and exterior, 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 required duty in this chapter for maintaining the premises in a clean and sanitary condition.
Each operator shall be responsible for the elimination of infestation in and on the premises subject to his/her control.
No person shall deposit any litter on the ground in any commercial or industrial premises.
All rest rooms made accessible to the public must be maintained in a clean and sanitary condition at all times and must be provided with conveniently located hot and cold running water, hand soap and paper towels or sanitary drying devices.
Access and parking areas.
The owner of any accessways and parking areas serving commercial and industrial premises shall be responsible for keeping the same free of congestion and open to emergency and service vehicles by:
Keeping all accessways and parking areas free of snow and ice pursuant to Chapter 169, Snow and Ice Removal, of the Code of the Township of Wayne.
This subsection shall not apply with regard to a vehicle on the premises of a business enterprise operated in a lawful place and manner which conforms to the requirements of the Wayne Township Land Development Ordinance regulating vehicle storage facilities, auto dealerships or similar enactments.
Parking lots or parking areas, including the entrances and exits thereto, shall be kept in a good state of repair. Signage as to ownership and use restrictions shall be maintained in good repair, clearly visible to potential parkers. Striping, where appropriate, shall indicate spaces, directions of flow and entrances and exits and be maintained so as to assure visibility.
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, which 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 Bureau.
Site plan conditions. All buildings and premises subject to this chapter shall be maintained and comply with all conditions, requirements and representations contained within the original approved site plans or approval given by the municipal agency or with any subsequent conditions, requirements or representations contained within any subsequent approvals or permits given by the municipal agency. This includes but is not limited to landscaping, buffers, parking signage, parking, markings, lighting, etc.
All buildings and premises subject to this chapter are subject to inspection from time to time by the Public Officer or designee. At the time of such inspection, all portions of the premises must be available and accessible for such inspection, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspection. Such inspection shall be made during regular business 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 health or safety, requiring inspection and abatement without delay.
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 Public Officer or designee may order the owner, 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 or occupant to correct said condition, Public Officer or designee shall cause said condition to be immediately abated thereafter, subject to N.J.S.A. 40:48-2.12f.
Except as otherwise provided in § 113-10 hereof, where violations of this chapter or the regulations hereunder are found to exist, a written notice from the Public Officer or designee shall be served on the person or persons responsible for the correction thereof.
Notice shall be served personally or by certified mail, return receipt requested, addressed to the last known address of the person to be served. In the case of an occupant, notice may be posted upon the main entrance door of the building, and, in the case of an owner, the last known address shall be the address of the owner as shown in the records of the office of the Tax Collector.
The notice shall specify the violation or violations committed; what must be done to correct the same; a reasonable period of time, not to exceed 30 days, to abate the violation.
In the event the violation is not abated, removed, cured or otherwise fully remedied within the time period prescribed in the initial notice or extended time period as permitted by the Public Officer, a summons shall then be issued against such person or persons charged with the violation; upon the failure of the operator, owner or occupant to correct said condition, the Public Officer shall cause said condition to be immediately abated thereafter, subject to N.J.S.A. 40:48-2.12f.