It is hereby found and declared that there exist
in the Township structures and vacant lots which are or may become
in the future substandard with respect to structural integrity, equipment
or maintenance, and, further, that such conditions, including but
not limited to structural deterioration, a lack of maintenance or
upkeep of essential facilities and utilities and the existence of
fire hazards and unsanitary conditions, constitute a menace to the
health, safety, welfare and reasonable comfort of the citizens and
inhabitants of the Township. It is further found and declared that,
by reason of a lack of maintenance and the ensuing progressive deterioration,
certain properties have the further effect of creating blighting conditions
and that, by reason of timely regulations and restrictions as herein
contained, the growth of this blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of dwellings and neighborhoods enhanced and the public health, safety
and welfare protected and fostered. It is also found that there is
a need to regulate and limit the number of vehicles and boats that
can be parked or stored on properties to avoid undue congestion and
enhance the streetscape and aesthetic appearance of the community.
The purpose of this chapter is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance and condition of the exterior of residential
and nonresidential premises; to avoid, prevent and eliminate the maintenance
of or creation of hazards to the public health and safety; to avoid,
prevent and eliminate conditions which, if permitted to exist or continue,
will depreciate or tend to depreciate the value of adjacent or surrounding
properties; to prevent the creation, continuation, extension or aggravation
of blight; to regulate and limit the number of vehicles and boats
that may be parked or stored on properties; to fix certain responsibilities
and duties upon owners, operators and occupants of property; and to
provide for the administration and enforcement of this chapter.
In any case where the provisions of this chapter
impose a higher standard than that set forth in any ordinance of the
Township or under the laws of the State of New Jersey, then the standards
as set forth herein shall prevail, but, if the provisions of this
chapter impose a lower standard than any ordinance of the Township
or of the laws of the State of New Jersey, then the higher standard
contained in any such other ordinance or law shall prevail.
Nothing in this chapter shall limit or impair
any existing remedies of the municipality, or its officers or agencies,
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this chapter,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder, nor may any such person or entity assert
as a defense against any charge made under this chapter that another
owner, operator or occupant or any other third person or entity is
also responsible therefore and in violation thereof.
[Amended 10-16-2007 by Ord. No. 07-16; 9-20-2022 by Ord. No. 22-12]
A. A certain
document, three copies of which are on file in the office of the Township
Clerk of the Township of Pohatcong, being marked and designated as
the BOCA National Property Maintenance Code, Fourth Edition, 2018,
as published by the Building Officials and Code Administrators International,
Inc., be and is hereby adopted as the Property Maintenance Code of
the Township of Pohatcong, in the State of New Jersey, for the control
of buildings and structures as herein provided, and each and all of
the regulations, provisions, penalties, conditions and terms of said
BOCA National Property Maintenance Code are hereby referred to, adopted
and made a part hereof, as if fully set forth in this chapter.
B. The BOCA
National Property Maintenance Code is hereby amended and revised in
the following respects:
(1) Section
PM-101.1, Title (page 1, second line): insert "Township of Pohatcong."
(2) Section
PM-103.5 (page 2): insert "No fees currently associated with property
maintenance."
(3) Section
PM-302.4 (page 11): insert "eight inches."
(4) Section
PM-304.14 (page 13): insert "from 4/1 to 11/1."
(5) Section
PM-602.3 (page 23): insert "from 11/1 to 5/1."
(6) Section
PM-602.4 (page 23): insert "from 11/1 to 5/1."
In all cases where any brush, weeds, dead and
dying trees, stumps, roots, obnoxious growth, filth, garbage, trash
and debris are removed from any lands by the Township under the provisions
of this chapter, the municipal officers of the municipality in charge
of the removal of said material shall certify the cost thereof to
the Township Council. Upon receipt of this certificate of cost, the
Township Council shall examine the same and, if found correct, shall
cause the cost as shown thereon to be charged against the property
from which said material was removed. The amount so charged shall
become a lien upon such lands and shall be added to and become part
of the taxes next to be assessed and levied upon said lands. Said
lien shall bear the same interest rate as taxes and shall be collected
and enforced by the officers of the municipality in the same manner
as taxes.
[Amended 9-20-2022 by Ord. No. 22-12]
Any person or entity that violates any provision of this chapter shall be liable for one or more of the penalties established in Chapter
153 of the Code of the Township of Pohatcong, entitled "General Penalty."
Nothing contained in this chapter or any requirement
of compliance herewith shall be deemed to alter, impair or affect
the application of the Zoning Ordinance or zoning laws of the municipality.