[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. I of the 1993 Revised General Ordinances]
Unless otherwise expressly provided or the context is adverse or inconsistent to such meaning, the following words and phrases, when used in this Code, shall have the following meanings:
- CLERK or TOWNSHIP CLERK
- The Municipal Clerk duly appointed pursuant to law.
- An organizational unit of the Township government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Township government assigned to the organizational unit by the Township Council.
- Licensed in accordance with the appropriate section or chapter of this revision.
- A calendar month unless otherwise specifically provided.
- New Jersey Statutes Annotated, also referred to as R.S. (Revised Statutes).
- Any local legislation heretofore or hereafter adopted, including this Code, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law.
- Includes a sole owner and any part owner or joint owner of the whole or of a part of a building, land or personal property.
- Any individual, natural person, partnership, joint venture, society, association, club, trustee, trust, corporation or unincorporated group or any officer, agent, employee, servant, factor or any kind of personal representative of any thereof in any capacity, acting either for himself or herself or for any other person, under either personal appointment or pursuant to law.
- A street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk and every class of road, square, place or municipal parking field used by the general public, including the unpaved portion of a right-of-way.
- TENANT or OCCUPANT
- When applied to a building or land, any person who occupies all or a part of such building or land, whether alone or with others.
- The Township of Delran in the County of Burlington, State of New Jersey.
- TOWNSHIP COUNCIL
- The governing body of the Township consisting of the Mayor and Council members.
- Seven consecutive days.
- A calendar year unless otherwise specifically provided.
For the purpose of this Code and in the interpretation and application of all other ordinances heretofore or hereafter adopted, words and phrases shall be given their generally accepted meaning.
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
"And" may include "or" and "or" may include "and."
"Shall" is mandatory, and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday or a day on which the offices of the Township are closed, that day shall be excluded.
"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
Titles of chapters, sections, subsections and paragraphs are for reference only and are not a substantive part of this Code.
Whenever an ordinance that repeals an earlier ordinance or part thereof is itself repealed, such repeal shall not revive the former ordinance or part thereof, unless such revival is specifically provided for.
The seal heretofore provided and used by the Township is hereby continued as the Official Seal of the Township.
Maximum penalty. For violation of any provision of any chapter of this Code or any other ordinance of the Township where no specific penalty is provided regarding the section or sections violated, the maximum penalty, upon conviction, shall be a fine not exceeding $1,250, imprisonment for a period not exceeding 90 days or community service not exceeding 90 days.
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the Township exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
License revocation. The imposition of a fine or imprisonment as punishment for a violation of any provision of this Code or any other ordinance of the Township shall not be deemed to be in lieu of any provision thereof providing for the revocation or suspension of any license or permit.
In order to establish uniform procedures for those sections requiring administrative enforcement of abatement notices, the following will prevail unless specifically designated otherwise.
Violation notice. Where a violation of this Code is found to exist, a written notice from the enforcing official shall be served on the person or persons responsible for the correction thereof.
Contents of notice. The notice shall specify the location of the property by tax map reference, the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection D. The notice shall also advise the recipient that, if the violation is found to be harmful to the health and safety of the occupants and the general public and is not corrected or abated, the Township may do same, the cost of which shall become a lien on the subject property.
Service of notice.
Notice may be served personally or by mail, certified return receipt requested, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the "last known address" shall be the address of the owner as shown in the office of the Tax Collector. Service upon an owner or operator may also be attained by personal service of any notice upon a member of the family of the owner or operator over the age of 14 years, residing with the owner or operator.
If the whereabouts of the person to be served is unknown and the same cannot be ascertained by reasonable diligence, the serving of such notice upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Township of Delran or, in the absence of such newspaper, in one printed and published in the county and circulating in the Township of Delran. A copy of such notice shall be posted in a conspicuous place on the premises affected by the notice, and a copy of such notice shall be duly recorded or lodged for record in the office of the Township Clerk.
Where the manner of service of notice for a particular type of matter is prescribed by a state statute in a manner different from above, then such statutory provision shall be applicable to the service of the notice in question, notwithstanding the provisions of this section.
Hearing. Within 10 days of the date of service of a notice, the notice shall constitute a final order, unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail to the Township Clerk. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Township Clerk, upon receipt of the request, shall, within 45 days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing.
Appointment of hearing officer. The Township Council, upon request for a hearing, shall appoint a hearing officer who shall conduct the hearing, evaluate the evidence presented and render a decision.
Evidence and counsel. The rules of evidence shall not be controlling in these hearings. All parties to the hearing may appear in person or by attorney and give testimony.
Determination. At any hearing provided hereunder the hearing officer shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him or her and to enforce any such subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The hearing officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing of the notice.
Extension of time. The hearing officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
Immediate action in case of emergency. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to public health or life and limb unless abated without delay, the enforcement official may either abate the violation or condition immediately thereafter.
Lien against property. Where abatement of any nuisance, as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to conform to municipal ordinances or state law applicable thereto involves a condition harmful to the health and safety of the occupants or the general public and requires expending Township moneys to correct it, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Township Council with an estimate of the cost thereof, along with a summary of the proceedings undertaken by him or her or under his or her directions to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, and summaries of hearings and copies of orders of the Township with reference thereto. The Council may thereupon order the abatement of the nuisance, correction of the defect or any work necessary to place the premises in proper condition and in compliance with ordinances of the Township and laws of the state, by resolution adopted after notice and hearing to the owner in the manner provided above to the extent applicable. The Township may thereafter proceed to have the work performed in accordance with such resolution at Township expense, not to exceed the amount specified in the resolution. Upon completion thereof, the Township Council may, by resolution, approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township, who shall be responsible for the collection thereof, and a copy of the resolution shall be sent by certified mail to the owner.
Emergency costs to be a lien. If the Township incurs costs for emergency abatement as provided in Subsection I, the enforcing officer shall present to the Council a report of the work done and the cost thereof with a summary of the proceedings undertaken and the reasons for the emergency abatement. The Council, after notice and hearing to the owner in the manner provided above to the extent applicable, may by resolution approve the costs whereupon the same shall become a lien against the premises collectible as provided by law.
Court proceedings. Notwithstanding the foregoing provisions, violations of any provision of this section may be prosecuted without the prior notices and hearings required by this section by the filing of a complaint by the Township, or a person designated by it, in the Municipal Court, it being the intention that the remedies and penalties provided herein shall be cumulative and not exclusive.
The provisions of § 1-6 regarding conduct of hearings and appointment of a hearing officer shall also apply to appeals for hearings by the Township employees relative to disciplinary charges filed or sanctions imposed against such employee by supervisory personnel.
[Adopted 8-7-2005 by Ord. No. 2005-25]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Delran of a general and permanent nature adopted by the Township Council of the Township of Delran, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 355, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Delran," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication according to law.
A copy of the Code in loose-leaf form has been filed in the office of the Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Township of Delran by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Township of Delran" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The Clerk of the Township of Delran, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Township Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Township of Delran to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, in the discretion of the Judge imposing the same.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided. Specifically, this ordinance repeals the Revised General Ordinances of the Township of Delran, 1993, adopted 7-28-1993, by the Township Council.
The adoption of this Code and the repeal of ordinances provided for in § 1-19 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to 4-6-2005.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Township's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
Any legislation adopted by the Board of Health.
In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Township Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-21B, the chapters, parts and sections which were added, amended or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 8-17-2005 by Ord. No. 2005-25." Schedule A, which contains a detailed description of all changes, is on file in the Township offices.
This ordinance shall take effect 20 days after final adoption and publication according to law.