[Adopted 8-17-1992 by Ord. No. 1014]
[Amended 3-21-1994 by Ord. No. 1051]
A certain document, three copies of which are
on file in the office of the Borough of Collingswood, County of Camden,
being marked and designated as the "BOCA National Property Maintenance
Code," Fourth Edition, 1993, as published by Building Officials and
Code Administrators (BOCA) International, Inc., shall be and is hereby
adopted as the Property Maintenance Code of the Borough of Collingswood,
County of Camden, in the State of New Jersey, for the control of buildings
and structures as herein provided, and each and all of the regulations
of the BOCA National Property Maintenance Code/1993 are hereby referred
to, adopted and made a part thereof as if fully set out in this article.
[Amended 3-21-1994 by Ord. No. 1051]
A.
Section PM-111.0 of said code, however, is specifically
excluded and not adopted by this article.
[Added 2-22-1994 by Ord. No. 1046[1]; amended 3-21-1994 by Ord. No. 1051; 10-3-1994 by Ord. No. 1061; 7-3-2006 by Ord. No. 1403; 7-7-2008 by Ord. No. 1449; 5-6-2013 by Ord. No.
1534; 3-1-2021 by Ord. No. 1702]
A.
Before any residential or commercial property is sold in the Borough
of Collingswood, the current property owner shall obtain a certificate
of continued occupancy (CCO) from the Borough's designated representative.
Prior to the issuance of a CCO, an exterior inspection of the property
shall be conducted by the Borough's designated representative to ensure
compliance with the Borough's Property Maintenance Code. Any violations
of the Borough's Property Maintenance Code shall be corrected by the
property owner prior to the sale of the property unless a sufficient
escrow amount is established and maintained for correction of the
violations following the sale of the property.
(1)
Sidewalks and walkways. All walkways on the property and sidewalks
from property line to property line must be free from trip hazards
which are considered to be:
(a)
A height differential equal to or greater than 1/2 inch between
adjacent sidewalk blocks; or
(b)
Sidewalk cracks measuring 1/4 inch or greater in width.
(2)
Curbs. All curbs from property line to property line must be free
of any sign of disintegration and cracks greater than 1/2 inch.
(3)
Driveway and driveway aprons.
(a)
Driveways must be maintained in good, stable condition and free from trip hazards as defined in Subsection A(1) above.
(b)
All residential driveways and parking surfaces must be a minimum
of nine feet wide and 18 feet long from the sidewalk.
[1]
Existing parking surface sizes must be maintained in accordance
with the standards set forth herein.
(d)
Driveway apron surfaces shall be constructed of concrete, bituminous concrete, or pavers, in accordance with § 141-76G(2)(a) through (c).
(e)
Residential driveway surfaces shall be constructed according to § 141-76G(2).
(4)
Exterior stairs and railings.
(a)
All exterior stairs and railings must be maintained in good,
stable condition and free from all forms of damage.
(5)
All exterior stairs having more than four risers or are more than
30 inches in height must have handrails and guards that meet NJ Uniform
Construction Code and/or the BOCA National Property Maintenance Code
1993
(a)
The property owner shall be responsible to obtain a construction
permit prior to completing any stair and/or railing replacement.
C.
A fee of $50 shall be paid by check to "Borough of Collingswood"
at the time the application for inspection is submitted. No fee shall
be charged for the first reinspection of completed repairs. A $50
charge will be for each reinspection after the initial reinspection.
D.
The certificate of inspection shall be valid for a period of six
months from the time the certificate is issued or on the transfer
of ownership of the property.
E.
A temporary CCO may be issued in the event repairs cannot be made
in sufficient time prior to settlement due to weather conditions or
other extenuating circumstances as determined by the Borough code
official. The temporary certificate can be issued for a period not
to exceed six months.
(1)
An application for a temporary certificate of inspection must be
in writing and signed by both the seller and buyer and acknowledged
by a notary public.
(a)
The applicant for the temporary certificate shall provide an
estimate of the repairs required to abate the violations.
(b)
The escrow to be established at the time of settlement shall
be equal to an amount that is twice the amount of the estimated repairs
on the settlement statement.
(c)
The escrow may be released following a reinspection confirming
that the required repairs were made and approved by the designated
Borough official.
F.
Violations and penalties.
(1)
Any person, property owner, entity, firm, corporation or group who
has failed to comply with the foregoing requirements shall be subject
to a complaint which shall be heard in the Municipal Court.
(2)
Any person, property owner, entity, firm, corporation or group who
or which shall violate any provision of this article shall, upon conviction,
be responsible for court cost and subject to a fine of not less than
$100 nor more than $500 per violation. Each day that a violation continues
beyond the granted abatement time period shall be deemed a separate
offense.
(3)
In addition to any penalty, pursuant to Subsection F(2) above, the violation must be corrected by the notice date and must be properly maintained thereafter, or the owner of the property shall be subject to a complaint for an additional offense which shall be heard in the Municipal Court. Each day that a violation continues shall be deemed a separate offense.
No person shall rent to another for occupancy
any dwelling or dwelling unit for the purpose of living therein, which
does not conform to the provisions of the BOCA National Property Maintenance
Code/1993, established hereby as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
[Added 7-17-1995 by Ord. No. 1078; amended 9-5-2000 by Ord. No.
1226; 8-18-1997 by Ord. No. 1129; 5-6-2013 by Ord. No. 1534]
A.
No person shall occupy a dwelling or dwelling unit as a residential
tenant or lessee, unless the owner or the owner's agent shall have
first obtained a certificate of occupancy issued by the Administrative
Office of Code Enforcement for the specific dwelling or dwelling unit.
The owner or owner's agent shall apply to the Administrative Office
of Code Enforcement for such certificate of occupancy, which shall
be issued by said office inspector upon compliance by the owner with
the applicable provisions of this article and any rules and regulations
adopted pursuant thereto. No such certificate shall be transferable.
Such certificate shall include the address of the dwelling or dwelling
unit, the name of the owner and the name of the person occupying the
dwelling or dwelling unit. Every owner or owner's agent applying for
a certificate of occupancy shall supply such information as the Administrative
Office of Code Enforcement requires and shall pay a fee for the inspections
that may be required until the dwelling or dwelling unit qualifies
for the issuance of a certificate of occupancy by complying with the
applicable provisions of this article and any rules and regulations
adopted pursuant thereto.
(1)
The fee for the initial inspection is $60 per dwelling unit.
(2)
There is no fee for the first reinspection.
(3)
The fee for the second reinspection is $45 per dwelling unit,
(4)
The fee for the third reinspection is $60 per dwelling unit.
(5)
The fee for the fourth or subsequent inspection is $80 per dwelling
unit.
B.
No person shall occupy any business or commercial unit as a tenant
or lessee, unless the owner or the owner's agent shall have first
obtained a certificate of occupancy issued by the Administrative Office
of Code Enforcement for the specific unit. The owner or owner's agent
shall apply to the Administrative Office of Code Enforcement for a
commercial certificate of occupancy, which shall be issued by said
office inspector upon compliance by the owner with the applicable
provisions of this article and any rules and regulations adopted pursuant
thereto. No such certificate shall be transferable. Such certificate
shall include the address of the commercial unit, the name of the
owner and the name of the person occupying the unit. Every owner or
owner's agent applying for a commercial certificate of occupancy shall
supply such information as the Administrative Office of Code Enforcement
requires and shall pay a fee of $25 per commercial unit for the inspections
that may be required until the unit qualifies for the issuance of
a commercial certificate of occupancy by complying with the applicable
provisions of this article and any rules and regulations adopted pursuant
thereto.
[Added 7-17-1995 by Ord. No. 1078]
The Administrative Office of Code Enforcement
is hereby authorized and empowered to make and adopt such written
rules and regulations as he may deem necessary for the proper enforcement
of the provisions of this article; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
article nor in any way alter, amend or supersede any of the provisions
thereof. The Administrative Office of Code Enforcement shall file
a certified copy of all rules and regulations which he may adopt in
his office and in the office of the Clerk of the Borough of Collingswood.
[Amended 3-21-1994 by Ord. No. 1051]
Nothing in this article or in the BOCA National
Property Maintenance Code/1993 hereby adopted shall be construed to
affect any suit or proceeding pending 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, nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this article.
[Amended 9-5-2000 by Ord. No. 1225; 3-6-2006 by Ord. No.
1396]
A.
Any person, firm or corporation who or which shall
violate any of the provisions of this article shall, upon conviction,
be punished by one or more of the following:
B.
Once a summons and complaint for said violation has
been issued by a Borough official by service of regular mail to the
owner’s last known address, this summons and complaint shall
be deemed to include a notice of a violation on that date and notice
of a violation of each day thereafter until the violation has been
completely remedied. Each violation of any provisions of this article
and each day on which the same is violated shall be deemed and taken
to be a separate and distinct offense, and for each such separate
and distinct offense a penalty shall be imposed in accordance with
the previous subsection.
C.
A fine in excess of $1,250 may not be imposed upon
an owner for violations of housing or zoning codes until such time
that the owner has been provided with a thirty-day period in which
to cure or abate the condition and an opportunity for a hearing before
a court of competent jurisdiction for an independent determination
concerning the violation.
[Added 9-5-2000 by Ord. No. 1228]
A.
Unlawful acts. It shall be unlawful for an owner of
property situated within the Borough to fail to comply with the Property
Maintenance Code of the Borough.
B.
Notice. Whenever the Code Enforcement Officer for the Borough, his/her agent or other representative of the Borough shall determine that a property is in violation of the Property Maintenance Code, written notice of the violation(s) shall be provided in the manner set forth in Subsection C herein. The notice also shall provide that the violation(s) must be corrected within 30 days after receipt of the notice.
C.
Service of notice.
(1)
The notice described in Subsection B shall be sent by regular mail to the owner of the property at his/her/its last known address as kept on file in the office of the Collector of Taxes for the Borough.
(2)
Notice shall be considered to have been provided to
the property owner upon a showing that the regular mailing was not
returned to the Borough.
D.
Corrective measures.
(1)
In the event that an owner fails to correct the violation(s)
to the satisfaction of the Office of Code Enforcement for the Borough
or otherwise respond in the manner set forth in this article after
notice has been provided, the Borough may correct or cause the violation(s)
to be corrected.
E.
Examination by Board of Commissioners. Upon such certification
to the Board of Commissioners of the cost to correct the violations,
the Board of Commissioners shall examine the certification and, if
found correct and reasonable, the cost shall be charged to the owner
and against the property by resolution.
F.
Lien on property. Upon the passage of the resolution by the Board of Commissioners as set forth in Subsection E above, the assessment so charged shall become a lien on the property and shall be added to and become a part of the taxes next to be assessed and levied upon the property, the same to bear interest at the same rate as allowed for unpaid taxes, and shall be collected and enforced by the same officers and in the same manner as unpaid taxes.
