Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 9-18-1972 by Ord. No. 72-11, Ch. 13, Art. 15, of the former Revised Ordinances]
[Amended 6-16-1986 by Ord. No. 86-266; 12-1-2003 by Ord. No. 03-604]
A. 
This article shall regulate the maintenance of multifamily, commercial, community service, industrial and public service facility properties, fix penalties for violations and be commonly known as the "Multifamily and Nonresidential Property Maintenance Code."
B. 
The following words and terms, when used in this article, shall have the following meanings unless the context clearly indicates otherwise.
COMMERCIAL FACILITY
Any premises, property, or facility involving traffic in goods or furnishing of services for sale or profit, including, but not limited to:
(1) 
Banking and other financial institutions;
(2) 
Dining establishments;
(3) 
Retail establishments;
(4) 
Wholesale establishments;
(5) 
Recreation or entertainment establishments;
(6) 
Office buildings;
(7) 
Transportation;
(8) 
Warehouses; and
(9) 
Establishments providing accommodations which exceed six dwelling units, including, but not limited to, apartments, co-ops, hotels, motels and dormitories, when they are the source of the sound that is being investigated and the source of sound is a heating, air-conditioning or pool filter unit or system.
COMMUNITY SERVICE FACILITY
Any nonresidential facility used to provide services to the public, including, but not limited to:
(1) 
Club meeting halls, offices and facilities;
(2) 
Organization offices and facilities;
(3) 
Facilities for the support and practice of religion;
(4) 
Public, private and parochial schools; and
(5) 
Hospitals.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities or equipment involving the fabrication, manufacture or production of durable or nondurable goods.
MULTIFAMILY DWELLING
Property used for human habitation of two or more families, including, but not limited to:
(1) 
Private property used for human habitation;
(2) 
Commercial living accommodations;
(3) 
Recreational and entertainment property used for human habitation; and
(4) 
Community service property used for human habitation.
PERSON
Any individual, public or private corporation, political subdivision, governmental agency, department or bureau of the state, municipality, industry or association, including condominium or co-op associations, limited liability corporations and partnerships and limited liability partnerships.
PUBLIC SERVICE FACILITY
Any facility and its related premises, property or equipment used to provide governmental services to the public, including, but not limited to:
(1) 
Maintenance centers;
(2) 
Offices and buildings of agencies or instrumentalities of government;
(3) 
Waste collection centers;
(4) 
Waste recycling centers; and
(5) 
Water and sewage facilities.
PUBLIC UTILITY LAND
All real property, waters and facilities owned or leased by any entity regulated by the New Jersey Board of Public Utilities.
RESIDENTIAL PROPERTY
Property used for human habitation, unless the habitation is a condition of employment, including, but not limited to:
(1) 
Private property used for human habitation;
(2) 
Commercial living accommodations;
(3) 
Recreational and entertainment property used for human habitation; and
(4) 
Community service property used for human habitation.
TOWNSHIP LAND
All real property, waters and facilities owned or leased by the Township of Cedar Grove, including, but not limited to, work areas, parks, forests, recreational areas, natural areas, marinas, golf courses, botanical gardens, historic sites, wildlife management areas or reservoir lands.
A. 
Every multifamily dwelling, industrial facility, commercial facility, community service facility, public service facility or public utility land and accessory structures and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including exterior walls, sidings and roofs, and shall be kept free from defects.
[Amended 12-1-2003 by Ord. No. 03-604]
B. 
All exposed surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating sufficient to prevent deterioration. Damaged materials must be repaired or replaced. Places showing signs of rot, leakage, deterioration or corrosion, weathering or seepage are to be restored and protected.
C. 
Structural soundness and general maintenance violation complaints may be brought by any resident, the Township Building Inspector or the Code Enforcement Officer.
[Amended 6-16-1986 by Ord. No. 86-266]
A. 
Landscaping. Premises shall be kept landscaped in accordance with or equal to the original landscape site plan as approved by the Planning Board. Bushes, lawns, hedges, trees and all other features included in the approved landscape plan shall be maintained and kept from becoming overgrown and unsightly or in any form of neglect or disrepair. In the absence of an approved landscape site plan, it shall be considered a violation of this provision to allow grass to grow in excess of 10 inches in height. Landscaping violation complaints may be brought by any resident, the Township Police Department, the Township Building Inspector, the Township Code Enforcement Officer or any agent of the Township.
[Amended 6-16-1986 by Ord. No. 86-266; 12-1-2003 by Ord. No. 03-604]
B. 
Fences. All fences shall be maintained and kept in a good state of repair. All exposed surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating sufficient to prevent deterioration. Fence violation complaints may be brought by any resident, the Township Building Inspector or the Code Enforcement Officer.
[Amended 6-16-1986 by Ord. No. 86-266]
C. 
Parking lots.
(1) 
All parking lots shall be maintained, where applicable, according to the original site plan. The surface of the pavement shall be kept in a good state of repair, free from potholes, defects, debris, rubbish, rocks and litter. Parking lot violation complaints may be brought by any resident or the Township Health Officer or the Township Building Inspector.
[Amended 9-18-1978 by Ord. No. 78-77]
(2) 
Additionally, all parking lots and driveways shall be cleared of all snow and ice within 12 hours of daylight after the same shall cease to have fallen or to have formed thereon or, in the case of ice which may be so frozen to make removal impracticable, shall be thoroughly covered with sand within the same period. Violation complaints may be brought by any resident, the municipality's Code Enforcement Officer or Cedar Grove Police Department.
[Added 8-2-1993 by Ord. No. 93-422]
D. 
Refuse and natural growth.
[Amended 6-16-1986 by Ord. No. 86-266; 11-21-1988 by Ord. No. 88-328; 5-6-1996 by Ord. No. 96-472; 4-2-2001 by Ord. No. 01-557]
(1) 
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, 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:
(a) 
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growth, filth, garbage, trash, refuse and debris.
(b) 
Natural growth. Dead and dying trees and/or 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, shall be removed and replaced with a new planting. Trees, shrubs and plantings shall be kept pruned and trimmed to prevent such conditions.
(c) 
Litter. Paper products, packing and shipping materials and other litter.
(2) 
All cuttings, clippings, and waste materials generated within the Township shall be disposed only at the customer's location or at such other location as may be designated and directed by a duly authorized representative of the Township's Department of Community Development. Disposal of any cuttings, clippings or waste materials generated from beyond the Township is prohibited within the Township's boundaries.
(3) 
No leaves shall be piled more than three feet from the curb of his or her property in which he or she is working during the leaf collection periods designated by the Director of Community Development. During other periods of the year, these materials must be disposed of in accord with Subsection D(2) of this section.
(4) 
Refuse and natural growth violation complaints may be brought by any resident, the Township Health Officer or Code Enforcement Officer.
E. 
Signs. All permanent signs and billboards exposed to public view, permitted by reason of other regulations or a lawful nonconforming use, shall be maintained in good repair. Any signs which have become excessively weathered or faded or those upon which the paint has peeled or cracked shall, with their supporting members, be removed forthwith or painted and put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith. Sign violation complaints may be brought by any resident, the Township Building Inspector or the Code Enforcement Officer.
[Amended 6-16-1986 by No. 86-266]
F. 
Walkways. All walkways shall be kept structurally sound and in a state of good repair. Additionally, snow and ice shall be removed from walkways within 12 hours of daylight after the same shall cease to have fallen or to have formed thereon or, in the case of ice which may be frozen to make removal impracticable, shall be thoroughly covered with sand within the same period. Violation complaints may be brought by any resident or the municipality's Code Enforcement Officer.
[Added 8-2-1993 by Ord. No. 93-422]
A. 
Stairs and railings. Interior stairs of every structure used for human habitation shall be structurally sound and free from defects. Handrailings or banisters shall be provided for all stairs, balconies, fire escapes and stairwells, and the handrails or banisters shall be securely attached, maintained free from defects and shall be of sufficient height to guard against accidents and to be appropriate for use by persons of normal height utilizing the stairway. Stairs shall be adequately lighted in all places for 24 hours per day on each floor to permit safe use for persons ascending or descending. Stair and railing violation complaints may be brought by any resident or the Township Building Inspector.
B. 
Walls and ceilings. Walls and ceilings shall be considered to be in good repair when clean and free from cracks, breaks, loose plaster and similar conditions. Walls shall be provided with paint or paper, sealing material or other protective covering so that the said walls and ceilings shall be kept clean, free of visible foreign matter, sanitary and well-maintained at all times. Wall and ceiling violation complaints may be brought by any resident or the Township Building Inspector.
C. 
Heating. Notwithstanding any provision to the contrary, every person who shall have contracted or undertaken, or shall be bound to heat or to furnish heat for any building, or portion thereof, occupied as a multifamily dwelling shall heat, or furnish such heat, for every occupied room in such building or portion thereof so that a minimum temperature of 68 degrees Fahrenheit shall be maintained therein between the hours of 6:00 a.m. and 11:00 p.m. and a minimum temperature of 60 degrees Fahrenheit shall be maintained therein between the hours of 11:00 p.m. and 6:00 a.m. in any building, or portion thereof, occupied as a multifamily dwelling throughout the year. Violation complaints may be brought by any resident, the municipality's Code Enforcement Officer or Health Officer.
[Added 9-8-1997 by Ord. 97-489]
[Added 7-2-1973 by Ord. No. 7211(a)]
A. 
In all multifamily units, excluding two-dwelling units, every portion of each stairway, hall cellar, basement, landing, furnace room, utility room and garage, parking space and all similar nonhabitable space shall have artificial light available at all times, with a minimum illumination as hereinafter enumerated per square foot in the darkest portions with control switches operable in each of said portions of the building:
(1) 
Stairway: 20 footcandles of light.
(2) 
Hall cellar: 10 footcandles of light.
(3) 
Basement: 20 footcandles of light.
(4) 
Laundry: 20 footcandles of light.
(5) 
Furnace room: 20 footcandles of light.
(6) 
Utility room and garage: 10 footcandles of light.
(7) 
Parking space: 20 footcandles of light.
(8) 
All other similar nonhabitable space: 10 footcandles of light.
B. 
In all multifamily units, excluding two-family units, every portion of any interior or exterior passageway, including the outside entrance of a garage and outdoor parking area, shall be illuminated artificially, between the hours from 1/2 hour before sunset to 1/2 hour after sunrise, with an illumination of at least 30 footcandles per square foot in the darkest portion of the normally traveled stairs and passageways to enable persons of normal vision to traverse from such areas safely to the point of egress from the garage and outdoor parking areas.
[Amended 7-1-1974 by Ord. No. 72-11(b); 10-1-1984 by Ord. No. 84-227; 11-21-1988 by Ord. No. 88-328]
Prior to the start of proceedings before a court of proper jurisdiction, written notice containing the nature of the violation shall be served upon the owner and/or occupant. Service of the notice shall be made in person or by certified mail, return receipt requested. In the event that service cannot be effectuated by certified mail, service may be made by first-class mail with postage prepaid mailed to the last known address of the person to be served. Service shall be effective upon mailing, and the date of mailing or personal service shall be the beginning date for computation of the time limits hereinafter established. Upon service of a notice of violation of this article, the owner and/or occupant must correct the defective condition within seven days, except in the case of a litter violation pursuant to § 197-3D(1)(c), which shall be corrected within three days, provided that service of the required notice is made in person, or such later time as the Township official enforcing the chapter shall agree, in writing.
[Amended 7-2-1973 by Ord. No. 72-11(a); 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.