[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.
[Ord. No. 53-2014]
As used in this chapter, the following terms shall have the
following meanings:
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.
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.
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.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Unsanitary conditions or anything unreasonably offensive or
dangerous to health or safety.
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.
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.
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.
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.
A.
Compliance with the Commercial and Industrial Maintenance Code.
(1)
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.
(2)
Where any other ordinance or code exists that may have different
standards, the Public Officer shall establish which ordinance or code
shall apply.
[Ord. No. 53-2014]
B.
Responsibility of owners and occupants.
(1)
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.
(2)
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.
A.
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:
(1)
Refuse. Broken glass, filth, garbage, trash, litter and debris.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
[Ord. No. 53-2014]
(6)
Sources of infestation.
B.
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.
C.
Landscaping. Lawns, hedges and bushes shall be kept trimmed and maintained
from becoming overgrown.
D.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
Unoccupied buildings. All unoccupied buildings shall be subject to
the provisions hereof.
E.
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.
[Ord. No. 53-2014]
(1)
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.
F.
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.
[Ord. No. 53-2014]
G.
Premises to be maintained in a clean and sanitary manner.
(1)
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.
(2)
Each operator shall be responsible for the elimination of infestation
in and on the premises subject to his/her control.
(3)
No person shall deposit any litter on the ground in any commercial
or industrial premises.
(4)
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.
H.
Access and parking areas.
(1)
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:
(2)
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.
(3)
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.
(4)
Means of ingress and egress shall be clearly marked by signs.
(5)
Parking spaces shall be clearly indicated by painted lines.
(6)
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.
(7)
Fire zones should be kept clear of all vehicular traffic and parking,
as designated by the Fire Bureau.
I.
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.
A.
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.
B.
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.
C.
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.
D.
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.
