Note that this article is an expansion to the IPMC to cover the actual process currently in the Borough.
The administrative process begins with the Property Maintenance Inspector or other designated Borough official writing a Notice of Violation under this code. IPMC Section 107.1.
Unless otherwise noted within this code, the owner of the premises, upon receipt of the notice, has one week or five business days for vegetation, landscaping and all other violations unless otherwise noted in the notice to correct the violation.
Should the owner of the premises not correct the violation within the prescribed time period, a municipal court summons shall be issued and penalties as outlined in the notice will begin to accrue.
Whenever the Property Maintenance Inspector determines that there has been a violation of the code or has grounds to believe that a violation has occurred, a notice of violation shall be given to the owner or the person or persons responsible therefor in the manner prescribed in § 54-9.3. Notices for condemnation procedures shall also comply with applicable state law. IPMC Section 107.1.
Such notice prescribed in § 54-9.1 shall:
A. 
Be in writing;
B. 
Include a description of the real estate sufficient for identification, including block and lot number(s) and address(es);
C. 
Include a statement of the reason or reasons why the notice is being issued; and
D. 
Include a correction order allowing a reasonable time for repairs and improvements required to bring the dwelling unit, structure or premises into compliance with the provisions of this code. Reasonable time is defined as one week or five business days for vegetation, landscaping and other violations unless otherwise noted in the notice. Each notice shall state a specific time for compliance. Emergency measures and remedies are not included in this section. See §§ 54-13 and 54-22.
E. 
Each notice shall contain a statement that if the violation is not corrected within the specified period, a municipal court summons shall be issued and fines of not less than $100 nor more than $1,000 and/or a term of imprisonment for not more than 90 days may attach. Each day that a violation continues shall be deemed a separate offense.
F. 
The notice shall include a statement that the Borough may exercise its right to file a lien against the property should there be no corrective action within the prescribed time period and/or for repeated violations.
G. 
The notice shall be signed by the Property Maintenance Officer, any deputy involved in the inspection, or the authorized designee of the Borough.
Such notice shall be deemed to be properly served if a copy thereof is:
A. 
Delivered to the owner personally; or
B. 
Sent by certified or registered mail addressed to the owner at the last-known address with return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice of violation. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Property Maintenance Inspector and shall furnish to the Property Maintenance Inspector a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by such compliance order or notice of violation. Such repairs shall be made within 60 days of purchase, transfer, mortgage or lease.
A. 
Penalty. Penalties are governed under § 54-10.2.
It shall be unlawful for any person, firm or corporation to create or maintain a public nuisance as defined within, or to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the Property Maintenance Inspector or to remove or deface a placard or notice posted under the provisions of this code. IPMC Section 107.4.
Any person, entity, firm, corporation or group cited for a violation of a provision of this code:
A. 
May plead guilty to affidavit through the Paulsboro Borough Municipal Court and pay a fine of $100 as noted on the summons. This option is only permitted on the first offense but excludes § 54-17.13, Snow and Ice. For violations of § 54-17.13, Snow and Ice, may plead guilty and pay a fine of $150 as noted on summons without a mandatory Paulsboro Borough Municipal Court appearance. This option is only permitted on the first offense.
B. 
May also appear in Municipal Court and plead not guilty to the citation and be heard by the Court.
C. 
Any person, entity, firm, corporation or group convicted of a violation of a provision of the code in Municipal Court shall be sentenced to pay a fine of not less than $100 nor more than $1,000 or a term of imprisonment for not more than 90 days, or both. Additionally, any person, entity, firm, corporation or group convicted of violating a provision of this code may be sentenced to pay court costs and make restitution. Each day that a violation continues shall be deemed a separate offense.
D. 
The Municipal Court, in addition to the penalties outlined in § 54-10.2C above, may order the offending party to comply with the code through specific performance.
E. 
Payment. Tickets shall be paid to the Municipal Court of Paulsboro Borough as shall be directed by the Property Maintenance Inspector or Department of Building Inspections and as shall be part of the notice required by this code.
F. 
Payment in court proceedings. Should the violation become a part of judicial proceedings, then the payment shall be made as directed by the appropriate authority. The violator, at the discretion of the court, may be liable for court costs and attorneys' fees.
G. 
Liens. Failure to pay the penalties or complete the specific performances as ordered as stated in this code may result in a lien being placed against the property or other legal action as deemed appropriate by Borough Council. Liens may also be placed if the Borough or contractor hired by the Borough is required to correct the violations due to noncompliance or abandonment.
In case of any unlawful acts, the Property Maintenance Inspector shall institute an appropriate action or proceeding at law to exact the penalty provided in § 54-10.2. Also, the Property Maintenance Inspector shall ask the Borough's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
A. 
To restrain, correct or remove the violation or refrain from any further execution of work;
B. 
To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
C. 
To require the removal of work in violation; or
D. 
To prevent the occupancy of the structure that is not in compliance with the provisions of this code and the New Jersey Uniform Construction Code (N.J.A.C. 5:23 et seq.).
Any person who has been issued a notice of violation under §§ 54-8 and 54-9 of this Code and fails to comply with the notice of violation may be issued a complaint by the Property Maintenance Inspector or Code Officer charging a violation of this code. The complaint shall be filed with the Municipal Court of Paulsboro or any other court of competent jurisdiction.
The Municipal Court summons may be issued concurrently with the administrative process described in § 54-8 of this Code.
Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the clerk of the court.
Scope. A Board of Appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of § 54-11.3 et. seq, Means of Appeals. The Board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
Any person shall have the right to appeal a decision of the code official to the Board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.
The Board shall not have authority to waive requirements of this code or interpret the administration of this code.
Appeals of notice and orders, other than imminent danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the Board.
The Board shall consist of five voting members appointed by the Borough Council. Each member shall serve for three years or until a successor has been appointed. The Board member's terms shall be staggered at intervals, so as to provide continuity. The code official shall be an ex officio member of said Board but shall not vote on any matter before the Board.
The Board shall consist of five individuals: three Council members (Chairperson of the Property Committee; Chairperson of the Code Committee and an additional member to be named by Council); there shall also be two members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
The Borough Council is authorized to appoint two alternate members who shall be called by the Board Chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership, and shall be appointed for the same term or until a successor has been appointed.
Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made.
The Board shall annually select one of its members to serve as Chairperson.
The Borough Clerk shall serve as Secretary to the Board. The Secretary shall file a detailed record of all proceedings which shall set forth the reasons for the Board's decision, the vote of each member, the absence of a member and any failure of a member to vote.
A member with any personal, professional or financial interest in a matter before the Board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters.
There shall be no compensation of members.
A member shall be removed from the Board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the Board may be removed at the discretion of the Borough Council.
The Board shall establish policies and procedures necessary to carry out its duties consistent with the provisions of this code and applicable state law. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be presented.
The Board shall meet upon notice from the Chairperson, within 10 days of the filing of an appeal or at stated periodic intervals.
All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.
Three members of the Board shall constitute a quorum.
When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
The Borough Solicitor shall act as legal counsel to the Board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the Borough's expense in all matters arising from service within the scope of their duties.
The Board shall only modify or reverse the decision of the code official by a concurring vote of three or more members.
The decision of the Board shall be by resolution. Every decision shall be promptly filed, in writing, in the office of the code official within three days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant's representative and to the code official.
The code official shall take immediate action in accordance with the decision of the Board.
Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Borough Administrator.