Borough of Paulsboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 9-2-1980 by Ord. No. 0.14.80. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit dwellings — See Ch. 30.
Garbage and rubbish — See Ch. 38.
Housing Code — See Ch. 39.
Nuisances — See Ch. 44.

§ 42-1 Definitions.

As used in this ordinance, the following terms shall have the meanings indicated:
PRIVATE LAND
Any real property within the Borough of Paulsboro which is not owned by the Borough of Paulsboro.

§ 42-2 Enforcement officer designated.

A. 
The Code Enforcement Officer of the Borough of Paulsboro shall be designated as the enforcement officer, charged with the enforcement of this ordinance. However, nothing provided herein shall prohibit the Borough Administrator or the Mayor and Borough Council from designating an alternate or additional enforcement officer.
[Amended 6-19-2001 by Ord. No. 09.01]
B. 
Where an alternate or additional enforcement officer is designated, the following procedure shall be followed:
(1) 
The Borough Administrator shall notify the Mayor and Council in writing of such an appointment, which appointment shall be spread upon the minutes of the Borough Council meeting.
(2) 
The Mayor and Borough Council by resolution may make such appointment.

§ 42-3 Prohibition of obnoxious growths or substances.

A. 
No person, including any person, firm, partnership, association, company, organization or corporation of any kind, shall permit brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris to exist on any private lands owned or leased by such person, firm and/or corporation within the Borough of Paulsboro.
B. 
All lawns, hedges, shrubs, bushes, weeds and growth or vegetation of any kind shall be kept trimmed and shall not be permitted to become overgrown, and no grass or weeds shall be permitted to grow to a height in excess of 10 inches.
[Added 6-19-2001 by Ord. No. 09.01]

§ 42-3.1 Outdoor storage or abandonment of certain items prohibited.

[Added 12-3-2002 by Ord. No. 24.02]
A. 
Unless otherwise provided by law, no motor vehicle, camper, or trailer not currently in use and which does not have a current motor vehicle registration license and, in the case of motor vehicles, a current inspection certification, shall be placed, abandoned or left, kept or stored or suffered or permitted to be placed, abandoned, left, kept or stored upon any public or private land in the Borough of Paulsboro or between the right-of-way side lines of any public streets or thoroughfare therein except as follows:
(1) 
There shall be no prohibition to keeping any number of such motor vehicles in an enclosed building, so long as they are kept in such building at all times if the structure can be sealed against unauthorized entry and view.
(2) 
Outside an enclosed building, it shall be permitted to keep one camper or trailer on any one property in the rear yard of the premises, provided that it is not in a prolonged state of major disassembly or disrepair and is not in the process of being stripped or dismantled.
B. 
If any article described in Subsection A shall be left, placed, kept or stored on private lands for 24 hours or more, it shall be presumed that the owner and tenant in possession of said land left, placed, kept and stored it there and permitted and suffered it to be left, placed, kept and stored there.
C. 
Nothing in this ordinance shall supersede nor prevent the enforcement of any ordinance, law or regulation prohibiting public nuisances.

§ 42-3.2 Parking on private property outside of designated areas.

[Added 12-3-2002 by Ord. No. 24.02]
A. 
It shall be unlawful for any property owner to park or permit the parking of any motor vehicle on his, her, or its lawn or any other area not specifically and legally designated as a parking space.
B. 
The penalty for violation of this section shall be as follows: first offense, a fine of $25; second offense, a fine of $50; subsequent offenses, of a fine of not less than $75 and not more than $1,000.

§ 42-4 Notice to abate.

[Added 12-3-2002 by Ord. No. 24.02]
Where any enforcement officer duly designated shall deem it necessary and expedient for the preservation of the public health, safety or general welfare, or to eliminate a fire hazard, he or she shall serve upon the owner and/or the tenant of private lands upon which there are such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash, debris, motor vehicles, campers, or trailers as set forth above, a notice that said vehicle, trailer, or camper must be removed within five days of service of such notice. The notice required herein shall not apply to offenses under § 42-3.2 above.

§ 42-5 Service of notice.

[Amended 6-19-2001 by Ord. No. 09.01]
Service may be made upon any owner and/or tenant personally or, if the designated enforcement officer is unable to make personal service, by posting such notice at the primary entrance to the main structure on the subject property. The enforcement officer may, at his discretion, also mail a copy of the notice to abate to the owner at the address shown on the tax records at the office of the Tax Collector of the Borough of Paulsboro by certified mail, return receipt requested.

§ 42-6 Failure to comply.

[Amended 6-3-1987 by Ord. No. 0.4.87]
A. 
If the owner or tenant of lands shall not comply with the notice provided for in § 42-4, the enforcement officer shall cause said item or items referred to in the notice to be removed from the lands, and he and/or his agents shall be permitted to enter upon said lands for this purpose. For the purpose of this ordinance, removal of items shall include the cutting of grass and weeds.
[Amended 6-19-2001 by Ord. No. 09.01]
B. 
In addition thereto, the enforcement officer shall immediately levy an assessment of $200 for the first offense in a calendar year or $300 for the second offense in a calendar year per lot, for the failure of any owner and/or tenant to comply with any of the requirements of this ordinance. The assessment shall be levied either personally upon the owner and/or tenant and/or shall be a lien against the property, with interest to accrue on any unpaid balance thereof.
[Amended 6-19-2001 by Ord. No. 09.01]
C. 
Nothing in this section shall limit the rights of the enforcement officer to pursue any other action permitted in this ordinance against the owner and/or tenant for failing to comply with any provision(s) of this ordinance.

§ 42-7 (Reserved) [1]

[1]
Editor's Note: Former § 42-7, Collection of costs incurred by Borough, was repealed 6-19-2001 by Ord. No. 09.01.

§ 42-8 Violations on private property and penalties therefor.

[Amended 6-19-2001 by Ord. No. 09.01; 12-3-2002 by Ord. No. 24.02]
Any person convicted of a violation of any of the provisions of this ordinance shall pay a fine of $200 for the first offense in a calendar year and $300 for a second offense in a calendar year as set forth in § 42-6 above. For the third and all subsequent offenses in a calendar year, the violator shall either pay a fine not exceeding $500 or be imprisoned in the county jail of the County of Gloucester and the State of New Jersey, for each offense, for a term not to exceed 30 days, or both. For the third and each subsequent offense, a lien against the property at issue shall be levied in the amount of $500, with interest to accrue on any unpaid balance thereof.

§ 42-8.1 Violations on public property; removal and storage by Borough.

[Added 12-3-2002 by Ord. No. 24.02]
A. 
Whenever it shall appear to any member of the Police Department of the Borough of Paulsboro or the Code Enforcement Officer that this ordinance is being violated and that the violation exists on public lands or between the right-of-way side line of any public street or thoroughfare, he or she shall:
(1) 
Determine whether any item constituting the violation constitutes or may constitute a traffic hazard, and, if so, he or she shall move it or cause it to be moved to a nonhazardous location or into an enclosed storage place forthwith.
(2) 
Ascertain, if he or she can, the identity of the owner of the item or items and shall, in writing, notify such owner to abate the violation forthwith and in all events within seven days after the service of the notice upon him, which notice shall be given as required in § 42-4 for the service of notice thereunder.
B. 
If any item constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location or if the name and address of the owner of the article cannot be ascertained or if the violation is not abated in the time required by the notice given under the foregoing Subsection A(2), he or she shall determine whether the article or articles have a value in excess of the cost of removing it or them to enclosed storage and the cost of storing it or them for three months in the case of motor vehicles or for six months for all other articles.
(1) 
Unless the item or items appear to have a value clearly in excess of such cost, he or she shall arrange, if he or she can, for the removal of it or them by someone who will undertake that removal without cost to the Borough of Paulsboro, but otherwise, he or she shall arrange for that removal at the expense of the Borough of Paulsboro to an authorized area.
(2) 
If the item or items appear to have a value clearly in excess of said costs, he or she shall remove it or them or cause it or them to be removed at the expense of the Borough of Paulsboro to enclosed storage.
C. 
If the items are moved pursuant to subsection A(1) or Subsection B(1) or (2), he or she shall, in the manner required by § 42-4 for service of notice thereunder, give notice to the owner of that removal and of the place to which the item or items have been removed and of the owner's right to reclaim it or them by paying the cost of the removal and interim storage charges.

§ 42-8.2 Forfeiture of items; sale by Borough.

[Added 12-3-2002 by Ord. No. 24.02]
If any item or items impounded by the Police Department of the Borough of Paulsboro under this ordinance shall remain unclaimed after three calendar months after notice of the impounding, the impounded item or items shall be deemed to have been abandoned and forfeited by the owner, and the governing body of the Borough of Paulsboro shall sell and dispose of them as provided in N.J.S. 40A:14-157.

§ 42-8.3 Exemptions.

[Added 12-3-2002 by Ord. No. 24.02]
The provisions of this ordinance shall not apply to new car agencies or to licensed used car dealers located in the Borough of Paulsboro.

§ 42-9 Severability.

Notwithstanding any other evidence of legislative intent of the Borough Council of the Borough of Paulsboro, it is hereby declared to be the controlling legislative intent that if any provisions of this ordinance or the application hereof to any person and/or circumstance is held invalid, the remainder of said provision to the person or circumstance other than those to which it is held invalid shall not be affected thereby. This ordinance is hereby declared to be severable in the various provisions hereof.

§ 42-10 Repealer.

All ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.

§ 42-11 When effective.

This ordinance shall take effect immediately upon its final passage and publication as required by law.