[HISTORY: Adopted by the Township Committee
of the Township of Cinnaminson as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-17-1973 by Ord. No. 1973-12 (Sec. 2.28 of the 1995 Code)]
[Amended 2-20-1991 by Ord. No. 1991-2]
This article shall be known as the "Commercial
and Residential Maintenance Code of the Township of Cinnaminson" and
is referred to in this article in the short form as "this code."
[Amended 2-20-1991 by Ord. No. 1991-2]
The purpose of this code is to protect the health,
safety and welfare by establishing minimum standards for the maintenance
of such premises; to fix responsibilities and duties upon owners,
operators and occupants; to authorize and establish procedures for
the inspection of commercial and residential premises; to fix penalties
for the violations of this code; and to provide for the right to access
to permit repairs when necessary. This code is hereby declared to
be remedial and essential for the public interest, and it is intended
that this code is liberally construed to effectuate the purpose as
stated herein.
The following terms, whenever used herein, shall
have the following meanings unless a different meaning clearly appears
from the context:
Any item used for the construction of building improvements,
including, but not limited to, drywall materials, wood, steel, tiles,
roofing, nails, paint, insulation or debris created by or from construction.
[Added 10-18-2010 by Ord. No. 2010-18]
A lot or tract of land which is zoned for commercial or industrial
use or a lot or tract of land part of which is zoned for commercial
or industrial use.
[Amended 4-12-1989 by Ord. No. 1989-9]
Any item, whether or not portable without the assistance
of a trailer, which is used for building renovations or building improvements,
whether or not such improvements are interior or exterior, including,
but not limited to, wood chippers, table saws, tile cutters, cement
mixers and lawn and garden tools.
[Added 10-18-2010 by Ord. No. 2010-18]
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Possessions, especially movable effects or personal property;
articles of trade; wares or stockpiles of materials.
[Added 10-18-2010 by Ord. No. 2010-18]
Any condition, man-made or natural, which affords a breeding
place or hiding place for harmful rodents, insects or other pests.
Any common law nuisance or as provided by the
laws of the State of New Jersey or the ordinances of the Township
of Cinnaminson.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building or upon
a lot. This includes but is not limited to any structurally unsound
fences or structures, lumber, trash, fences, debris or vegetation,
such as poison ivy, poison oak or poison sumac, which may prove a
hazard for inquisitive minors.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
Unsanitary conditions or anything unreasonably
offensive to the senses or dangerous to health, in violation of this
code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Any person having actual possession of the premises or any
part thereof.
Any person who has charge, care or control of the commercial
or residential premises or any part thereof, whether with or without
the consent of the owner.
[Amended 2-20-1991 by Ord. No. 1991-2]
Any natural grass or weeds of a height of eight inches in
length or greater. Overgrown grass shall not include areas of natural
growth that are not ordinarily maintained, such as areas containing
wetlands or marshes or densely wooded areas. All noxious weeds shall
be prohibited.
[Added 8-19-2009 by Ord. No. 2009-10]
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any commercial premises, with
or without accompanying actual possession thereof; or shall have charge,
care or control of any commercial and residential premises as owner
or agent of the owner, or as fiduciary, including but not limited
to executor, executrix, administrator, administratrix, trustee, receiver
or guardian of the estate, or as a mortgagee in possession, regardless
of how such possession was obtained. Any person who is a lessee subletting
or reassigning any part or all of any commercial and residential premises
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the premises sublet or assigned
by said lessee.
[Amended 2-20-1991 by Ord. No. 1991-2]
A lot, plot or parcel of land including the building or structure
thereon.
[Added 2-20-1991 by Ord. No. 1991-2]
A unit of housing.
[Added 2-20-1991 by Ord. No. 1991-2]
One who resides, occupies or dwells in unit of housing.
[Added 2-20-1991 by Ord. No. 1991-2]
One or more buildings or part thereof designed as a unit,
to be occupied by one or more businesses for the conduct of business
and conducted as an integrated planned area development.
[Amended 2-20-1991 by Ord. No. 1991-2]
A.
Every commercial and residential premises and building
situated thereon in the Township of Cinnaminson, used or intended
to be used for commercial and/or residential occupancy, shall comply
with the provisions of this code, whether or not such building shall
have been constructed, altered or repaired before or after the enactment
of this code. This code established minimum standards for the initial
and continued occupancy and use of all such commercial and residential
buildings or structures and does not replace or modify standards otherwise
established for the construction, repair, alteration or use of such
commercial and residential buildings or structures contain therein.
Where there is mixed occupancy with commercial and residential and
other uses on the same premises, all such uses shall be nevertheless
regulated by and subject to the provisions of this code.
B.
In any case where the provisions of this code impose
a higher standard than is set forth in any other ordinance of the
Township of Cinnaminson or under the laws of the State of New Jersey,
then the standards as set forth herein shall prevail, but if the provisions
of this code impose a lower standard than any other ordinance of the
Township of Cinnaminson or the laws of the State of New Jersey, then
the higher standard contained in any other such ordinance or law shall
prevail.
[Added 9-17-2003 by Ord. No. 2003-11]
Owners and management of every building and
structure in the Township of Cinnaminson which is occupied by two
or more families as tenants of the owner or lessor must register with
the Clerk of the Township of Cinnaminson by completing forms prescribed
by and furnished by the Township. Each registration shall include
the name and address of the owner, the name and address of the lessor
if other than owner, and the name and address of an agent in charge
of the premises residing in the municipality.
Owners and operators shall have all the duties
and responsibilities prescribed in this code, and no owner or operator
shall be relieved from any such duty and responsibility, nor be entitled
to defend against any charge or violation thereof, by reason of the
fact that the occupant is also responsible therefor and in violation
thereof.
Occupants shall have all the duties and responsibilities as prescribed in §§ 405-12, 405-13, 405-14, 405-15, 405-16 and 405-17 of this article, and the occupant shall not be relieved from any such duty and responsibility, nor be entitled to defend against any charge of violation thereof, by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
[Amended 2-20-1991 by Ord. No. 1991-2]
The exterior of all commercial and residential
buildings, 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 or residing within the vicinity of said
commercial or residential building or premise, and free of unsanitary
conditions, and any of the foregoing shall be promptly removed and
abated by the owner, operator, occupant or resident. It shall be the
duty of the owner, operator, occupant or resident to keep the premises
free of hazards which include, but are not limited to, the following:
A.
Refuse: broken glass, filth, garbage, trash, litter
and debris.
B.
Natural growth: brush, weeds, ragweeds, stumps, root
and obnoxious growths, dead and dying trees and 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.
Trees shall be kept pruned and trimmed to prevent such conditions.
Overgrown grass shall be cut up to and along any adjacent curbline
and/or commencement of paved roadway, including the main lot or land,
that portion of any lot, land or easement along or adjacent to any
sidewalk, curbline, street or alley and includes that portion of any
lot, land or easement located within the limits of any street, highway,
alley or easement.
[Amended 8-19-2009 by Ord. No. 2009-10]
C.
Overhangings: loose and overhanging objects and accumulations
of ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
D.
Ground surface hazards or unsanitary conditions: holes,
broken or missing pavement, loose stone, excavations, breaks, projections,
obstructions, ice, uncleared snow and excretion of pets and other
animals on paths, walks, driveways, parking lots and parking areas
and other parts of the premises which are accessible to and used by
persons on the premises. All such holes and excavations shall be filled
and repaired, walks and steps repaired and other conditions removed
where necessary to eliminate hazards or unsanitary conditions with
reasonable dispatch upon their discovery. It shall be the responsibility
of owners, operators, occupants or residents to take reasonable steps
to discover any such hazards or unsanitary conditions which may exist
on their premises.
E.
Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
F.
Sources of infestation.
[Amended 2-20-1991 by Ord. No. 1991-2; 8-19-2009 by Ord. No.
2009-10]
All commercial and residential premises shall
be kept landscaped, and grass, lawns, hedges and bushes shall be kept
trimmed and kept from becoming overgrown. Trees, grass, shrubs and
other plantings shall be replaced when the same have fallen or died.
All signs, pavement markings and printed matter
and pictures or illustrations contained thereon, permitted by reason
of other regulations or as a lawful nonconforming use, shall be maintained
in good repair.
[Amended 2-20-1991 by Ord. No. 1991-2; 8-19-1992 by Ord. No.
1992-16]
A.
The exterior of every commercial and residential structure
or accessory structure, including fences, signs and storefronts, shall
be maintained in good repair and shall be aesthetically painted, except
those constructed of materials designed to be unpainted, such as but
not limited to cedar and redwood. All structural surfaces shall be
maintained free of safety hazards and fire hazards, such as broken
windows, loose and falling shingles and crumbling and falling stone
or brick.
B.
The open or outdoor storage of appliances, building materials or
rubbish, equipment, garbage, goods, glass, materials, merchandise,
trash or similar items shall not be permitted, maintained or stored
on any premises for more than seven calendar days or past the next
regularly scheduled trash collection date, whichever occurs sooner,
with the exception of:
[Added 10-18-2010 by Ord. No. 2010-18[1]]
C.
Residential parking requirements. The parking or placement
of any motor vehicles, trailers, campers, utility vehicles, boats
or boats on a utility vehicle or trailer in the front yard area of
any residential structure or accessory structure is strictly prohibited;
however, said motor vehicles, trailers, campers, storage containers,
utility vehicles, and/or boats on a utility vehicle or trailer may
be parked on a driveway, provided that said driveway is constructed
of asphalt, concrete, stone, or a solid continuous parking pad capable
of preventing the undergrowth beneath the vehicle, boat, trailer,
or camper. All aforementioned vehicles, trailers, boats, etc., when
not on an approved driveway location, must be placed in the rear yard
area of the residential lot on a parking pad constructed of materials
as stated above, not to be closer than five feet to a side or rear
property line. No more than a total of three of the above-named items
or parts thereof, whether operable or not, may be parked or placed
in any rear yard at any one time.
[Amended 2-13-2012 by Ord. No. 2012-3]
D.
Commercial and industrial parking requirements. The
parking or placement of any motor vehicles, trailers, campers, utility
vehicles, boats or boats on utility vehicles or trailers must be in
conformance with the approved site plan of the commercial or industrial
site. In no case may any motor vehicles, trailers, campers, utility
vehicles, boats or boats on utility vehicles or trailers be offered
for sale or parked, stored or placed on any commercial or industrial
site unless said site has prior Board approvals for the sale or storage
of said vehicles, etc., and the vehicles have a direct relationship
with the approved use of the commercial or industrial site.
E.
Garage sales. Garage sales are permitted in all zones
where the property is a residential use, provided that the subject
parcel has not more than three such activities per calendar year and
said activity is for a period of not more than two days.
[Amended 2-20-1991 by Ord. No. 1991-2; 9-17-1997 by Ord. No.
1997-6]
A.
The owner,
operator, resident and occupant shall have the duty and responsibility
of removing refuse and garbage at least once per week, or at least
as often as pickup is provided by the Township, but if pickup once
weekly is not sufficient to remove all garbage that accumulates, removal
more often shall be required, at the cost and expense of the owner,
operator, resident and occupant.
B.
Garbage
and refuse shall be stored in tightly sealed, commercially produced
trash containers to prevent animal infestation and to eliminate odors.
Further, in residential zones and neighborhoods, all trash, refuse
and recycling containers shall be stored inside a main or accessory
structure on the premises, including, but not limited to, attached
or detached garages, or stored in the rear of the property, not visible
from the roadway.
[Added 10-18-2010 by Ord. No. 2010-18]
[Amended 2-20-1991 by Ord. No. 1991-2; 8-19-2009 by Ord. No.
2009-10]
In the case of each commercial or residential
premises, the owner, occupant or resident shall be responsible for
removing litter from the sidewalk or other pedestrian areas, if any,
in front of the owner's or occupant's commercial premises or resident's
residential premises. The area shall be swept as often as necessary
to maintain it free of litter, spillage or other debris. The owner
or occupant shall be responsible for maintaining any buffer strip
between the sidewalk and curb line, including, but not limited to,
trimming or cutting of overgrown grass.
[Amended 3-8-1977 by Ord. No. 1977-6; 11-9-1982 by Ord. No.
1982-17; 5-13-1987 by Ord. No. 1987-7]
Upon discovery by an occupant of any condition
of the premises which constitutes a violation of this article by the
owner or operator, the occupant shall report same to the Police Department,
Construction Official, Health Officer or Fire Official, who shall
be responsible for enforcement of the provisions of this article.
All parts of the premises under the control
of the occupant shall be kept in a clean and sanitary condition, and
the occupant shall refrain from performing any acts which would render
other parts of the premises unclean or unsanitary or which would obstruct
the owner or operator from performing any duty required hereunder
or maintaining the premises in a clean and sanitary condition.
[Amended 2-20-1991 by Ord. No. 1991-2]
Every owner, operator, resident or occupant
shall be responsible for the elimination of infestation in and on
the premises subject to his control.
[Amended 3-8-1977 by Ord. No. 1977-6; 11-9-1982 by Ord. No.
1982-17; 2-11-1987 by Ord. No. 1987-4; 2-20-1990 by Ord. No.
1991-2; 9-17-2003 by Ord. No. 2003-11; 2-4-2009 by Ord. No.
2009-3; 2-23-2015 by Ord. No. 2015-1]
All buildings and premises subject to this code
are subject to inspection from time to time by the Construction Official,
Health Officer, Police Department, Site Plan Inspector, Zoning Officer
or Superintendent of Public Works or any other Township official charged
with the duty of enforcing regulations governing any aspect or conduct
of the activity housed in said premises. At the time of such inspections,
all parts of the premises must be available and accessible for such
inspections, and the owner, operator, resident and occupant are required
to provide the necessary arrangement to facilitate such inspections.
Such inspections shall be made during open hours of the business occupying
said premises unless there is reason to believe a violation exists
of a character which is an immediate threat to safety requiring inspection
and abatement without delay.
[Amended 2-20-1991 by Ord. No. 1991-2]
No person shall deposit any litter on the ground
in a commercial or residential premises. Nothing in this section shall
in any way modify the responsibility of owners, occupants, residents
under other provisions of this code for the keeping of commercial
premises in a clean and sanitary condition.
The owner and operator of every shopping area
shall be responsible for providing, maintaining and policing the following:
A.
Means of ingress and egress shall be clearly marked
by signs.
B.
Parking spaces shall be clearly indicated by painted
lines.
C.
Lanes for the movement of traffic in each direction
shall be indicated by arrows indicating one-way traffic and shall
be painted in these lanes at both ends.
D.
A trash basket with at least a twenty-gallon capacity
shall be provided for each 150 feet of store frontage in the shopping
area. These baskets shall be placed in the walking or pedestrian area,
shall be provided with tight-fitting covers fitted with hinged doors
and shall not be allowed to overflow.
E.
Fire zones should be kept clear of all vehicular traffic and parking, as designated by the Fire Official. In addition to the obligation placed herein on the owner and operator of every shopping area, any individual parking or stopping a vehicle in an area marked as a fire zone shall be in violation of the provisions of this article and subject to the penalties provided in § 405-27 hereof.
[Amended 3-8-1977 by Ord. No. 1977-6; 5-13-1987 by Ord. No. 1987-6]
F.
Stores located in shopping centers that have rear
exit doors shall have the name or names of the occupant shown on the
exterior of said doors in letters at least two inches high.
[Added 5-11-1976 by Ord. No. 1976-6]
[Amended 3-8-1977 by Ord. No. 1977-6; 8-12-1980 by Ord. No.
1980-15; 5-13-1987 by Ord. No. 1987-7; 2-20-1991 by Ord. No.
1991-2; 12-17-2012 by Ord. No. 2012-22]
A.
It shall be the duty of owners and tenants of property, operators
of vehicles and residents, and persons parking in school, municipal
and park and recreation parking lots, where parking spaces and lanes
are provided for their customers, users, guests or visitors, to see
that all parking is done in conformity with the spaces provided and
that the flow of traffic conforms to the directional arrows painted
in the lanes between the parking spaces.
B.
Any individual cited for a first-time violation of this chapter may
plead guilty by presenting the citation to the Court Administrator
or her designee who shall confirm that the violation is a first-time
violation. The fine for a first-time offender shall be $50.
C.
The Police Department, the Fire Official and Fire Inspectors shall
have the authority to issue complaints to anyone obstructing a marked
fire lane, and penalties derived therefrom shall be divided equally
between the Township and Cinnaminson Fire District No. 1.
[Added 5-19-2004 by Ord. No. 2004-12]
A.
Generally. Used clothing donation steel or similar
storage containers (hereinafter referred to in this section as "bins")
are prohibited in the Township of Cinnaminson.
B.
Exceptions. Registered nonprofit organizations are
permitted to place used clothing bins on nonresidential property in
accordance with the following:
(1)
Nonresidential commercial premises devoted to nonprofit
purposes, and churches, are permitted to have up to three used clothing
donation bins.
(2)
The bin(s) shall be appropriately located so as not
to interfere with sight triangles, on-site circulation, required setbacks,
landscaping, parking, and any other requirements that may have been
imposed as part of the site plan approval for the premises, and shall
be placed on a concrete surface.
(3)
The bin(s) shall be of the type that are enclosed
by use of a receiving door and locked so that the contents of the
bin(s) may not be accessed by anyone other than those responsible
for the retrieval of the contents.
(4)
Each bin shall not cover a ground surface area in
excess of five feet by five feet, nor be more than six feet in height.
(5)
Each bin must be regularly emptied of its contents
so that it does not overflow, resulting in used clothing being strewn
about the surrounding area.
(6)
A permit for used clothing donation bins shall be
required. The permit shall be issued by the Zoning Officer, but can
only be granted when it is determined by the Zoning Officer that:
(a)
The bin(s) are for use by a duly registered
nonprofit organization;
(b)
The proper types of bin(s) are being used as
described by this section;
(c)
The bin(s) are being placed in a proper location
as described by this section;
(d)
Letter of authority/permission from the owner
of the property upon which the bins are to be and/or are already located;
and
(e)
Name, address and phone number of the nonprofit
organization or Church displayed on each bin.
C.
If any used clothing donation bins are placed without
a permit, or an inspection reveals that such bins are not in compliance
with this section, enforcement and abatement shall take place as generally
provided under this article.
[Added 4-21-2004 by Ord. No. 2004-6]
Nonresidential commercial premises (including
hotels and motels) which utilize dumpsters for the disposal of solid
waste shall, at the property owner's sole cost and expense, locate
and enclose such containers in accordance with the following standards:
A.
The dumpster(s) shall be located in the rear or to
the side of the commercial structure; provided the solid waste haulers
can access the dumpsters and remove the solid waste safely. If a commercial
establishment has access to and can locate a dumpster(s) in the rear
of the structure safely, then the dumpster(s) shall be located to
the rear of the structure.
B.
The dumpster(s) shall be appropriately located so
as not to interfere with sight triangles, on-site circulation, required
setbacks, landscaping, parking, and any other requirements that may
have been imposed as part of the site plan approval for the premises,
and shall be placed on a concrete pad.
C.
Each commercial establishment shall provide appropriate
enclosures for each dumpster(s) or container(s), which shall be properly
screened from adjacent property and from the public view.
D.
Each bin must be regularly emptied of its contents
so that its contents cannot be transferred off the lot, directly or
indirectly, by natural forces such as surface water or wind, and so
that it does not overflow and become unsightly and malodorous.
E.
For properties that do not currently locate their
dumpsters in the rear or side of the structure, the property owner
shall relocate the dumpster and enclose same, in accordance with these
provisions of this section within six months of the effective date
of this section. The Zoning Officer for the Township of Cinnaminson
shall inspect all commercial properties after the six-month period
has expired to determine whether this section has been complied with.
The Zoning Officer shall have the authority to determine whether the
dumpster(s) have been properly located in the rear or side of the
structure, and whether the dumpster(s) have been adequately enclosed.
Commercial property owners may contact the Zoning Officer to obtain
assistance in complying with this section.
F.
If the Zoning or Code Enforcement Officer or the Superintendent of Public Works determines that the dumpster(s) have not been appropriately placed and enclosed, enforcement and abatement shall take place as generally provided under this article, unless the dumpster(s) are placed within the right-of-way, in which case the provisions of Chapter 379 shall apply to the removal of the dumpster.
[Amended 2-13-2012 by Ord. No. 2012-3]
[Amended 11-9-1982 by Ord. No. 1982-17; 2-20-1991 by Ord. No. 1991-2; 9-17-2003 by Ord. No. 2003-11; 2-4-2009 by Ord. No. 2009-3; 2-23-2015 by Ord. No. 2015-1; 3-21-2016 by Ord. No. 2016-3]
Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, any enforcement official (listed in § 405-26) may order the owner, resident, operator or occupant to correct the violation or condition within the period of time consistent with the hazard involved and with the measures necessary to remove the hazard; upon the failure of the operator, owner, resident or occupant to correct said condition, the enforcement official shall abate said condition immediately thereafter.
[Added 9-17-2003 by Ord. No. 2003-11; amended 3-21-2016 by Ord. No.
2016-3]
A notice of violation shall be served on the owner, lessor or
agent, and the notice shall be posted upon the premises in a conspicuous
place when the owner, lessor, or agent cannot be found at the address
in the registration or in the Township tax records. Notice may be
served by regular and certified mail, national overnight courier service
and/or personal service. Said enforcement and abatement notice shall
specify the enforcement official's findings and determinations and
a date for correction and abatement.
[Amended 2-20-1991 by Ord. No. 1991-2; 9-17-2003 by Ord. No.
2003-11; 2-4-2009 by Ord. No. 2009-3; 2-23-2015 by Ord. No. 2015-1; 3-21-2016 by Ord. No. 2016-3]
A.
If any owner or tenant of lands lying within the Township of Cinnaminson shall, within 10 days after service of such notice (referenced above in § 405-24), fail or neglect to correct the violation as stated in the notice, said action to correct the violation shall be accomplished by or under the direction of the enforcement officials listed below.
B.
Where abatement of any nuisance, as defined herein, or correction
of a defect on the premises or the maintenance of the premises in
a proper condition to conform to applicable ordinances of the Township
of Cinnaminson or the laws of the State of New Jersey required expenditures
of the Township of Cinnaminson moneys therefor, either by the supplying
of labor by Township employees, or the furnishing of material by the
Township, or the hiring of outside contractors, said expenditures
shall first be approved by the Township Committee of the Township
of Cinnaminson. The enforcement official shall present a report of
the work to be accomplished to the governing body of the Township
of Cinnaminson, along with a summary of the proceedings undertaken
to secure compliance, including notice served upon owners, operators,
residents, occupants or their agents, as the case may be, by telephone,
telegram, etc. The governing body shall then approve the expenditures
and shall cause the cost of abatement to be charged against said lands;
the amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
[Added 8-19-1992 by Ord. No. 1992-15; amended 9-17-1997 by Ord. No. 1997-6; 9-17-2003 by Ord. No. 2003-11; 2-4-2009 by Ord. No. 2009-3]
A.
The following municipal officials of the Township of Cinnaminson
shall have the authority to enforce the provisions of this article:
the Construction Code Official, the Code Enforcement Officer, the
Health Officer, and/or the Zoning Official. Moreover, any Cinnaminson
Township resident who observes a violation under this chapter may
file a complaint by notifying the Township/enforcement official during
normal business hours.
[Amended 2-23-2015 by Ord. No. 2015-1; 3-21-2016 by Ord. No. 2016-3]
B.
The enforcement official shall provide written notice to owners,
operators and occupants found to be in violation of this article which
shall be known as an "enforcement and abatement notice." Said enforcement
and abatement notice shall specify:
[Amended 2-23-2015 by Ord. No. 2015-1; 3-21-2016 by Ord. No. 2016-3]
C.
Any aggrieved owner, operator, or occupant who receives an enforcement
and abatement notice from an enforcement official shall have the right
to appeal the findings, determinations and/or date for correction
and abatement by the Township Committee. Said appeal shall be in writing
and must be filed with the Township Clerk and the issuing official
or person within 15 days of receipt of the enforcement and abatement
notice, and specify the findings and determinations being contested.
The Township Committee shall conduct a hearing on the appeal upon
written notice to the aggrieved party and the enforcement official.
The hearing shall be held within 30 days of receipt of the written
appeal by the Township Clerk. The Township Committee's findings, determinations,
conclusions and decision shall be adopted within 30 days of the date
of the hearing. The Township Committee may reverse or affirm the decision
of the enforcement official, with or without the imposition of conditions,
which conditions may include the recommendation that repairs be performed
by the Township and the cost of same become a lien on the property.
The date of adoption of the resolution shall constitute the date of
the Township Committee's decision. A copy of the resolution shall
be mailed to the aggrieved party and the enforcement official within
10 days of the date of adoption of the resolution. The period of time
in which an appeal may be made to a court of competent jurisdiction
shall run from the date of mailing of the resolution.
[Amended 2-13-2012 by Ord. No. 2012-3; 2-23-2015 by Ord. No. 2015-1; 3-21-2016 by Ord. No. 2016-3]
D.
Any owner, operator or occupant who receives an enforcement
and abatement notice who fails to appeal the findings, determinations
and/or date for correction and abatement to the Township Committee
as provided herein or who appeals the findings, determinations and/or
date for correction and abatement to the Township Committee as provided
herein and said decision is affirmed by the Township Committee, and
who fails to or refuses to abide by said decision, shall be subject
to receipt of a summons for violation of this article.
E.
In the
case of abatement of a violation for failure to cut, trim or remove
overgrown grass, the time for the aggrieved owner, operator or occupant
to appeal such notice is limited to 10 days from receipt of notice.
[Added 8-19-2009 by Ord. No. 2009-10]
[Amended 9-17-1997 by Ord. No. 1997-6; 8-19-2009 by Ord. No.
2009-10; 8-15-2011 by Ord. No. 2011-11]
Violations of any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, § 1-15, General penalty provision. Each day's continued violation of this article shall constitute a separate and distinct offense of the provisions hereof. In the event said violation(s) continues unabated for a period of five days or if said violation occurs within the same twelve-month period, said continued or second or more violations shall, upon conviction thereof, be punishable by a fine of not less than $500 nor more than $2,000 per day for the continued violation. Temporary or subsequent compliance with this article shall not constitute a defense against any subsequent or other violation of this article. The imposition of any fine or penalty issued herein shall not prevent the Township from collection of cost for services through the lien process described herein.
[Adopted 12-18-2023 by Ord. No. 2023-7]
A.
The owner,
landlord, and/or agent of every single-family, two-family, and/or
multiple-dwelling unit offered for rental within the Township shall
be required to obtain an inspection of the unit for lead-based paint
hazards within two years of the effective date of P.L. 2021, c. 182,
amending the Lead Hazard Assistance Act (N.J.S.A. 52:27D-437.1 et
seq.), or upon tenant turnover, whichever is earlier. The owner, landlord,
and/or agent shall be further required to obtain an inspection of
such a unit for lead-based paint hazards every three years or at tenant
turnover, whichever is earlier, except that an inspection upon tenant
turnover shall not be required if the owner has a valid lead-safe
certification.
B.
The owner
shall present to the Construction Official notice of the last tenant
turnover date, as well as a valid lead-based paint evaluation report
prepared by a certified lead evaluation contractor as defined in P.L.
2021, c. 182,[1] whenever conducted pursuant to Subsection A above. Should the owner fail to provide such a report within 30 days of filing, the Township shall have said inspection performed with the Township’s cost for same to be assessed against the landlord’s rental property as a municipal lien.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
C.
Should
the evaluation report identify lead-based hazards, then the owner
shall remediate the hazards through abatement or lead-based hazard
control mechanisms. The remediation shall be confirmed through a subsequent
lead-based hazard inspection. The identification of a lead-based hazard
will result in the Township, or the inspector retained to conduct
such inspections, providing notification of same to the Commissioner
of Community Affairs.
D.
No residential
rental unit shall be occupied until a valid lead-based paint evaluation
report prepared by a certified lead evaluation contractor as defined
in P.L. 2021, c. 182,[2] is provided or obtained by the Township pursuant to Subsection B above. Further, if the evaluation report identifies lead-based hazards, such residential rental unit shall not be occupied until remediation is deemed complete by the Township pursuant to Subsection C above.
[2]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
A.
The provisions
of this article do not apply to properties exempt under P.L. 2021,
c. 182,[1] specifically properties that:
(1)
Have
been certified to be free of lead-based paint.
(2)
Were
constructed during or after 1978.
(3)
Are
located in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the Hotel and Multiple Dwelling Law,
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
(4)
Are
a single-family or two-family seasonal rental dwelling which is rented
for less than six months' duration each year by tenants that do not
have consecutive lease renewals.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
A.
If a property
owner fails to initiate remediation efforts, the owner shall be given
30 days to cure the violation.
B.
If the
property owner has not cured the violation within 30 days, the property
owner shall be subject to a penalty not to exceed $1,000 per week
until the required remediation efforts have been initiated
