HomeMy Public PortalAboutordinance 02:12No. of ihe
Councilman Presents the following Ordinance Seconded by Councilman
AN ORDINANACE TO AMEND AND SUPPLEMENT CHAPTER 198, ENTITLED,
PROPERTY MAiNTENANCE, OF THE CODE OF THE BOROUGH OF CARTERET
BE IT ORDAiNED, by the Mayor and Council of the Borough of Carteret, a
municipal corporation of the State of New Jersey, located in Middlesex County, thereof,
as follows:
Section 1. Chapter 198, entitled "Property Maintenance" of the Code of the Borough of
Carteret, is hereby amended and supplemented as follows:
PROPERTY MAINTENANCE
198-1. Legislative Intent.
The intent of this Ordinance is to establish minimum acceptable standards for the
maintenance of existing buildings, structures, and facilities.
198-2. Purpose.
The purpose of this Ordinance is to establish minimum standards and regulations
governing the condition and maintenance of all property, buildings, structures and
dwellings; establishing minimum standards governing supplied utilities and facilities and
other physical things and conditions essential to ensure that structures are safe, sanitary,
and fit for occupation and use; establishing minimum standards of dwellings offered for
rant; fixing certain responsibilities and duties of owners and occupants of structures; and
the condemnation of dwellings unfit for human habitation and the demolition of such
dwellings and structures; known as the Property Maintenance Code.
198-3. Adoption of the Property Maintenance Code.
The "BOCA National Property Maintenance Code, Fifth Edition, 1996" as
published and promulgated by the Building Officials and Code Administrators
International, Inc., three copies of which have been placed on file in the office of the
Borough Clerk, is hereby adopted as the Property Maintenance Code of the Borough of
Carteret for the control of buildings and structures as herein provided; and each and all of
the regulations, provision, penalties, conditions and terms of said BOCA National
Property Maintenance Code of 1996 are hereby referred to, adopted and made a part
hereof, as if fully set out in this Ordinance, with additions, insertions, deletions and
changes, if any, prescribed in Section 198-5 of this Ordinance.
198-4. Inconsistent Ordinances Repealed.
That former Article I, "General Provisions", of Chapter 198, entitled "Property
Maintenance" of the Code of the Borough of Carteret is hereby repealed.
198-5. Additions, Insertions and Changes.
That the BOCA National Property Maintenance Code of 1996 is amended and
revised in the following respects:
NO. 0~-12 PAGE
A. Section PM-101.1(page 1, second line). Insert: Borough of Carteret.
B. Section PM-106.2(page 2, third line). Insert: $100.00; $1000.00.
C. Section PM-106.2(page 2, fourth line). Insert: 90 days.
D. Delete Section PM-111.0 entitled "Means of Appeal".
E. Replace Section PM-303.1 entitled "Vacant Structures and Land" with the
following:
PM-303.1- 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 effect the public health or safety. The exterior of
vacant structures shall be maintained to the standards for occupied
structures. In those instances when it is necessary to temporarily board up
any structure, the boarding shall be performed in a workmanqike manner
in accordance with the following standards:
all boarding material must be of a type designated for
exterior use; all windows and doors must have a "custom
fit" with boarding materials securely attached to completely
cover the window or door opening; all boarding material
must be white or of the same color as the structure being
boarded; the boarding shall be for a period not to exceed
ninety (90) days.
F. Replace Section PM-303.3 entitled "Sidewalks and Driveways" with the
following:
PM-303.3- 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. This shall
include all curbs, driveway entrances and sidewalks abutting a public
street in front of the premises. Stairs shall comply with the requirements
of Sections PM-304.10 and PM-702.9.
G. Replace PM-303.8 entitled "Motor Vehicles" with the following:
PM-303.8 - Motor Vehicles, Trailers and Boats: No currently
unregistered or uninspected motor vehicle, trailer or boat shall be parked,
kept or stored on any premises. No vehicle, trailer or boat of any type
shall, at any time, be in a state of major disassembly, disrepair or in the
process of being stripped or dismantled. This shall not apply to a vehicle,
trailer or boat of any type which is undergoing major overhaul including
bodywork, provided that such work is performed inside a structure or
similarly enclosed or screened storage area designed and approved for
such purposes. No vehicle, trailer or boat shall be stored in a front yard as
defined by the Zoning Ordinance of the Borough.
No trailer of any size which provides enclosed storage shall be parked,
kept, or stored on any premises except that one (1) currently registered
trailer which provides enclosed storage may be temporarily parked on the
premises with the prior approval of the Code Enforcement Officer during
period of active construction or renovation not to exceed six (6) months.
This prohibition shall not apply to any trailer owned by the Borough or
being used in connection with any temporary function, including a circus,
carnival or similar activity, which is approved by the Borough.
NO. 02-12 PAGE 3
H. Section PM-304.15 (page 11, first and second lines). Insert: April 15 to
October 15.
I. Replace PM-405.8 entitled "Minimum Ceiling Heights"; Exceptions, no. 2,
with the following:
2. Basement rooms in 1- and 2- family dwellings occupied exclusively for
laundry, study or recreation purposes, having a ceiling height of not less
than 7 feet (2134 mm) with not less than 6 feet 4 inches (1932 nun) of
clear height under beams, girders, ducts and similar obstructions.
J. Section PM-602.1 (page 17, fifth line). Insert: October 15 to April 15
K. Section PM-602.3 (page 17, third line). Insert: October 15 to April 15
198-6. Enforcement Officer.
The Code Enforcement Officer, or a duly designated representative, shall be
responsible for the enforcement of the provisions of this Ordinance.
198-7. Higher Standard to Prevail in Cases of Conflict With Other Laws or
Ordinances.
In any case where thc provisions of this Code impose a higher or stricter standard
than that set forth in any other ordinance or regulation of the Borough or under the law or
regulations of thc State of New Jersey, or any of its agencies, then thc standards as set
forth herein shall prevail, but if the provisions of this Code impose a lower or lesser
standard than any other regulation or ordinance of the Borough, or laws or regulations of
the State of New Jersey or any of its agencies, than the higher standard contained in any
such other ordinance or regulation shall prevail.
198-8. Compliance with Other Ordinances.
Compliance with this Code shall not constitute a defense against any violation of
any other ordinance of the Borough, applicable to any structure or premises, nor shall any
one act of compliance constitute a defense against any subsequent or other violation of
this Code.
198-9. Responsibilities of Owner, Operator and Occupant to be Independent
of Each Other.
Owners, operators and occupants shall have all of the duties, obligations and
responsibilities prescribed in this Code, and no such person or entity shall be relieved of
any such duty, obligation or responsibility hereunder, nor be entitled to assert as a
defense against any charge made against him, her or them for violation of this Code, the
fact that any other owner, operator or occupant or any other third person or entity is also
responsible therefore and in violation thereof.
198-10. Application of Zoning Law.
Nothing contained in this Code or any requirement of this Code 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 Borough.
198-11. Savings Clause.
NO. 02-12 PAGE
Nothing in this Ordinance or in the Property Maintenance Code hereby adopted
shall be construed to effect any suit or proceeding impending in any Court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing, under
any act or ordinance hereby repealed as cited in Section 198-4 of this Ordinance, nor
shall any just or legal right or remedy of any character be lost, impaired or effected by
this Ordinance.
Section 2. Article II, entitled "Identification of Siamese Connection in Non-Residential
Buildings" shall be deleted from Chapter 198, "Property Maintenance" and shall be re-
codified as a new Article III of Chapter 128, "Fire Prevention".
Section 3. Except as provided for herein, all ordinances and provisions thereof
inconsistent with the provisions of this Ordinance shall be and are hereby repealed as to
the extent of such inconsistencies.
Section 4. If any section, sub-section part, clause or phrase of this ordinance shall be
declared invalid by any court of competent jurisdiction, the section, sub-section part
clause or phrase shall be deemed to be severable from the remainder of this ordinance.
Section 5. This Ordinance shall take effect immediately following final passage and
publication as required by law.
I)0 NOI' USE SI'ACE BF, LOW Tills LINE
I{IbCORI) OF COUNCIl, VOTE
COUNCILMAN ---- N~___~ __-- COUNCIl,MAN ~ES J NO
RIOS SOSN~SKI
X - lndk'a~e Vole AB - Abscnl MV - N.I Vofi.g XOR - l.dkalcs Vole Io Overrule Veto
Adopted on [irst reading 0[ tl~e Council o[ linc Borough .[ Cancrel. M 3., .n _ May 16, 2~2
Adoptcdo.~sccondmadh~gaflerhcmi.gon ~ 6. ~9