[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:
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.
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.
The governing body of the Township consisting of the Mayor and Council
members.
Seven consecutive days.
A calendar year unless otherwise specifically provided.
A.
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.
B.
The present tense includes the past and future tenses
and the future, the present.
C.
The masculine gender includes the feminine and neuter.
D.
The singular number includes the plural and the plural,
the singular.
E.
"And" may include "or" and "or" may include "and."
F.
"Shall" is mandatory, and "may" is permissive.
G.
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.
H.
"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.
I.
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.[1]
J.
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.
A.
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.[1]
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
Service of notice.
(1)
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.
(2)
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.
(3)
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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:
A.
Any ordinance adopted subsequent to 4-6-2005.
B.
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.
C.
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.
D.
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.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
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.
G.
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.
H.
Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers and employees.
L.
Any ordinance adopting or amending the Zoning Map.
M.
Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
N.
Any legislation adopted by the Board of Health.
A.
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.
B.
In addition, the changes, amendments or revisions as
set forth in Schedule A[1] 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.)
[1]
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.
