§ 12-3. PROPERTY MAINTENANCE CODE.

12-3.1 Administration.

a.

Title. These regulations shall be known as the "Property Maintenance Code of the Borough of Sayreville" (the "Code").

b.

Scope. The provisions of this Code shall apply to all residential and nonresidential structures and premises within the Borough of Sayreville.

c.

Purpose. The purpose of this Code is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of structures and premises. Structures and premise that do not comply with this Code shall be repaired or altered and maintained to provide the minimum level of health and safety as required herein.

d.

Applicability. This Code shall apply to all matters affecting or relating to structures and premises, as set forth herein. If different sections of this Code specify different requirements, the most restrictive shall govern.

e.

Maintenance. Equipment, systems, devices and safeguards required by this Code or previous regulation or code under which the structure or premises were constructed, altered or repaired shall be maintained in good working order.

f.

Application of Other Codes. Repairs, additions or alterations to a structure shall be made in accordance with the procedures and provisions of the New Jersey Uniform Construction Code and the Uniform Fire Code.

g.

Existing Remedies. The provisions in this Code shall not be construed to abolish or impair existing remedies of the Borough or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary.

h.

Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner and in accordance with the manufacturer's installation instructions, if applicable.

i.

Historic Buildings. The provisions of this Code shall not be mandatory for existing buildings or structures designated by the State or Borough as historic buildings when such buildings or structures are judged by the Code official to be safe and consistent with the public health, safety and welfare.

j.

Referenced Codes and Standards. The Codes and standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference.

k.

Enforcement. The Borough's Code Enforcement Officer or his/her designee shall enforce the provisions of this Code.

l.

Identification. The Code Enforcement Officer shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.

m.

Notices and Orders. The Code Enforcement Officer shall issue all necessary notices or orders to ensure compliance with this Code.

n.

Coordination of Inspections. Whenever in the enforcement of this Code or another code or ordinance, the responsibility of more than one (1) Borough official is involved, it shall be the duty of such officials to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure and premises shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the official having jurisdiction.

(Ord. #895-05, § 1)

12-3.2 Definitions.

a.

Scope. Unless otherwise expressly stated, the terms used herein shall, for the purposes of this Code, have the meanings provided in this section.

b.

Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

c.

Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the New Jersey Uniform Construction Code and the Uniform Fire Code, such terms shall have the meanings ascribed to them as in those Codes.

d.

Terms not Defined. Where terms are not defined herein, such terms shall have ordinarily accepted meanings such as the context implies.

e.

Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," or "rooming unit" are stated in this Code, they shall be construed as though they were followed by the words "or any part thereof."

f.

General Definitions:

Basement means that portion of a building which is partly or completely below grade.

Bathroom means a room containing plumbing fixtures including a bathtub or shower.

Bedroom means any room or space used or intended to be used for sleeping purposes.

Code Enforcement Officer means the official who is charged with the administration and enforcement of this Code, or any duly authorized representative.

Dwelling unit means a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Exterior property means the open space on the premises and on adjoining property under the control of owners or operators of such premises.

Extermination means the control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

Garbage means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Guard means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

Habitable space or rooms means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces or rooms.

Imminent hazard or danger means a condition which could cause serious or life-threatening injury or death at any time.

Infestation means the presence of insects, rats, vermin or other pests within or contiguous to a structure or premises.

Nuisance means and includes but is not limited to the following:

1.

Any common nuisance known at common law or in equity or as provided by the statutes of the State of New Jersey or ordinances of the Borough of Sayreville.

2.

Any attractive nuisance, including but not limited to abandoned wells, shafts, basements, excavations, abandoned refrigerators or ice boxes, motorized vehicles, or boats.

3.

Physical conditions hazardous to human life or detrimental to health of person on or near the premises.

4.

Unsanitary conditions or fire hazards.

Occupancy means the purpose for which a building or portion thereof is utilized or occupied.

Occupant means any individual living or sleeping in a building, or having possession of a space within a building.

Operable area means that part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Person means an individual, corporation, partnership or any other group acting as a unit.

Premises means a lot, plot or parcel of land including any structures thereon.

Rooming house means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one (1) or two-family dwelling.

Rooming unit means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

Rubbish means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

Structure means that which is built or constructed or a portion thereof.

Tenant means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

Toilet room means a room containing a water closet or urinal but not a bathtub or shower.

Ventilation means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from any space.

Workmanlike means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

Yard means an open space on the same lot with a structure.

(Ord. #895-05, § 1)

12-3.3 General Requirements.

a.

Scope. The provisions of this section shall govern the minimum conditions, and the responsibilities of persons, for maintenance of structures, equipment and exterior property.

b.

Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Code. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.

c.

Vacant Structures and Land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

d.

Exterior Property Areas.

1.

Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

2.

Grading and Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon, except approved retention areas and reservoirs.

3.

Sidewalks and Driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

4.

Plant Growth and Trees. All premises and exterior property shall be maintained free of plant growth in excess of ten (10″) inches (254 mm) and free of weeds. Plant growth shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided, however, this term shall not include cultivated flowers and gardens. Dead and dying trees and limbs or other natural growth which, by reason of rotting and deterioration or storm damage, constitute a hazard and/or potential hazard shall be removed. Trees shall be kept pruned and trimmed to prevent such conditions.

5.

Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.

6.

Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

7.

Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained in a structurally sound condition and in good repair.

8.

Gates. Gates which are required to be self-closing and self-latching in accordance with the Uniform Construction Code or International Building Code shall be maintained such that the gate will positively close and latch when released from a still position of six (6″) inches (152 mm) from the gatepost.

9.

Swimming Pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

10.

Motor Vehicles. Except as provided for in other regulations, no inoperative or unregistered motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled, except that a vehicle may undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

11.

Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore and repair exterior surfaces so damaged, mutilated or defaced.

e.

Exterior Structures.

1.

General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare or in a manner as to create a blighting problem.

2.

Protective Treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other permanent protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

3.

Premises Identification. All non-residential buildings shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be in Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4″) inches (102 mm) high with a minimum stroke width of 0.5 (12.7 mm). Address numbers on residential properties shall conform to the requirements of Section 13-3, House Numbers; Street Names, of the Revised General Ordinances of the Borough of Sayreville.

4.

Structural Members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

5.

Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

6.

Exterior Walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

7.

Roofs and Drainage. The roof and flashing shall be sound, tight and shall not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

8.

Decorative Features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

9.

Overhang Extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

10.

Stairways, Decks, Porches and Balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

11.

Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

12.

Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

13.

Window, Skylight and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

(a)

Glazing. All glazing materials shall be maintained free from cracks and holes.

(b)

Operable Windows. Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware.

14.

Insect Screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with tightly fitting screens.

Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

15.

Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and rooming units shall tightly secure the door.

16.

Basement Hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.

17.

Guards for Basement Windows. Every basement window that is operable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.

f.

Interior Structures.

1.

General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two (2) or more dwelling units or two (2) or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

2.

Structural Members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

3.

Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

4.

Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.

5.

Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

6.

Interior Doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

g.

Rubbish and Garbage.

1.

Accumulation of Rubbish or Garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.

2.

Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in containers with tightly fitting lids. The owner of every occupied premises shall supply covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.

3.

Disposal of Garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in a garbage disposal facility or garbage containers with tightly fitting lids.

(1)

(a)

Garbage Facilities. The owner of every dwelling shall supply one (1) of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.

(b)

Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

h.

Extermination.

1.

Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

2.

Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

3.

Single Occupant. The occupant of a one (1)-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.

4.

Multiple Occupancy. The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.

5.

Occupant. The occupant and owner of any structure shall be jointly responsible for the continued rodent and pest-free condition of the structure, except that where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.

i.

Plumbing Facilities and Fixtures.

1.

General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

2.

Plumbing System Hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross-connection, back-siphonage, improper installation, deterioration or damage or for similar reasons, the Code Enforcement Officer shall require the defects to be corrected to eliminate the hazard.

j.

Water System.

1.

Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

2.

Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

k.

Sanitary Drainage System. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.

l.

Drainage System.

1.

General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises, shall not be discharged in a manner that creates a public nuisance.

(Ord. #895-05, § 1)

12-3.4 Enforcement and Penalties.

a.

Notice of Violation. The Code Enforcement Officer or his/her designee shall serve written notice of violation or order on the person or persons responsible for the erection, construction, alteration, maintenance, repair, use and occupancy of any premises in violation of the provisions of this Code. The notice of violation shall provide information sufficient to inform the violator of the maintenance, repairs or alterations necessary to abate the violation. Violators shall be allowed ten (10) days to abate such conditions before further action is taken, unless in the opinion of the Code Enforcement Officer, the condition to be abated constitutes an imminent hazard, or unless the Code Enforcement Officer determines that special reasons or conditions require a reasonable extension of time to abate. Failure to abate the violation contained in the notice of violation within the timeframe required therein shall be cause for the Code Enforcement Officer to initiate enforcement in the Municipal Court.

b.

Imminent Hazard. In the event that a nuisance or condition exists which, in the opinion of the Code Enforcement Officer constitutes and imminent hazard, such condition shall be immediately corrected or abated by the person responsible hereunder to correct and/or abate such condition. If, after written notice upon such responsible party, appropriate action is not immediately taken to correct or abate the imminent hazard, the Code Enforcement Officer shall cause such action to be undertaken and the reasonable expense for such remedial action shall be borne by the person responsible hereunder.

c.

Hardship. Except in the case of an imminent hazard, the Code Enforcement Officer, in his reasonable discretion, may withhold strict enforcement of this Code when it is demonstrated that such enforcement would constitute an undue or unnecessary hardship on the owner, operator, or occupant, or where the Code Enforcement Officer determines that strict compliance should not be required under the circumstances.

d.

In the event the person or entity owning said land shall refuse or neglect to abate or remedy the condition complained of and which constituted a violation of this chapter, after said ten-day notice, the Director of Code Enforcement or Director of Public Works shall cause the condition complained of to be remedied either by action of the Department of Public Works or by engagement of an outside contractor and shall present a report of the work accomplished to the Governing Body along with a summary of the abatement undertaken to secure compliance. They shall certify the actual labor costs of same plus twenty-five percent (25%) but not less than one hundred dollars ($100.00) administrative fee to the Governing Body which shall examine the report and certificate and, if it is correct, cause the cost as shown thereon to be charged against the dwelling or the lands. A copy of the resolution approving the expenses shall be certified by the Borough Clerk and filed with the Tax Collector who shall be responsible for the collection thereof. The amount so charged shall forthwith become a lien on upon the dwelling or lands and shall be added to and become and form part of the taxes and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violations of this Chapter.

e.

Penalties. Any person who shall violate any provision of this Code shall be subject, upon conviction, to one (1) or more of the following penalties: (i) a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars, (ii) imprisonment for a term not exceeding ninety (90) days, and (iii) by community service not exceeding ninety (90) days. Each separate day that the violation occurs or continues shall constitute a separate offense.

(Ord. #895-05, § 1)

( Ord. No. 301-15, 8-10-2015 )