[HISTORY: Adopted by the Township Committee of the Township of Lumberton 2-7-2000
by Ord. No. 2000-7. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code of the Township of Lumberton" and may be referred to in this chapter as this "code." This chapter shall supersede, repeal and replace the heretofore existing Chapter 221, Property Maintenance, of the Code of the Township of Lumberton.
A.
Findings. It is hereby found and declared that there
exists in the Township of Lumberton structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect to structure,
equipment or maintenance or further that such conditions, including but not
limited to structural deterioration, lack of maintenance and appearance of
exterior of premises, infestation, lack of maintenance or upkeep of essential
utilities and facilities and/or existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare and reasonable comforts
of the citizens and inhabitants of the Township of Lumberton. It is further
found and declared that, by reason of lack of maintenance and progressive
deterioration, certain properties have the further effect of creating blighting
conditions, and that, if the same are not curtailed and removed, the conditions
will grow and spread and will necessitate in time the expenditure of large
amounts of public funds to correct and eliminate the same, and that, by reason
of timely regulations and restrictions as herein contained, the growth of
blight may be prevented and the neighborhood and property values thereby maintained,
the desirability and amenities of residential and nonresidential uses and
neighborhoods enhanced and the public health, safety and welfare protected
and fostered.
B.
Purpose. The purpose of this code is to protect the public
health, safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of residential and nonresidential premises;
to establish minimum standards governing utilities, facilities and other physical
components and conditions essential to make the aforesaid facilities fit for
human habitation, occupancy and use; to fix certain responsibilities and duties
upon owners and operators and distinct and separate responsibilities and duties
upon occupants; to authorize and establish procedures for the inspection of
residential and nonresidential premises; to fix penalties for the violations
of this code; and to provide for the repair, maintenance and abatement of
nuisances on premises by the Township of Lumberton. This code is hereby declared
to be remedial and essential for the public interest, and it is intended that
this code be liberally construed to effectuate the purposes as stated herein.
A.
Whenever the words "accessory structure," "building,"
"dwelling," "premises" or "structure" are used in this code, they shall be
construed, unless expressly stated to the contrary, to include the plurals
of these words and as if they were followed by the words "or any part thereof."
B.
ACCESSORY STRUCTURE
BASEMENT or CELLAR
BUILDING
DETERIORATION
DWELLING
ENFORCEMENT OFFICERS
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
FIRE HAZARD
GARBAGE
INFESTATION
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
REGISTERED MAIL
RUBBISH
STRUCTURE
VENTILATION
WEATHERING
The following terms, wherever used herein or referred
to in this code, shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context:
A structure, the use of which is incidental to that of the main building
and which is attached thereto or located on the same premises.
Any floor, any portion of which is more than 24 inches below the
adjacent grade level.
A combination of materials to form a construction adapted to permanent
or continuous occupancy or use for public, institutional, residence, business
or storage purposes.
The condition or appearance of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
Any structure designed for use by human occupants for sleeping and
living purposes, whether occupied or vacant, except that the foregoing shall
not apply to hotels as defined in N.J.S.A. 29:2-1.
All officials, officers or employees entrusted with the enforcement
of the provisions of this code.
Any premises or any part thereof or any building or any part thereof
which may be lawfully viewed by the public or any member thereof from a sidewalk,
street, alleyway, licensed open-air parking lot or from any adjoining or neighboring
premises.
Those portions of a building that are exposed to public view and
the open space of any premises outside of any building erected thereon.
(See also "nuisance.") Any thing or any act which increases or may
cause an increase of the hazard or menace of fire to a greater degree than
that customarily recognized as normal by persons in the public service of
preventing, suppressing or extinguishing fire; or which may obstruct, delay
or hinder or may become the cause of an obstruction, a delay, a hazard or
a hindrance to the prevention, suppression or extinguishment of fire.
(See also "refuse" and "rubbish.") Putrescible animal or vegetable
waste resulting from the handling, preparation, cooking and consumption of
food. Compost piles are excluded from the definition of "garbage." A "compost
pile" is a collection of leaves, grass clippings and other similar raw organic
materials collected in a pile for the purpose of decomposition. Pine needles
may be included as a component of the compost pile. A single compost pile
shall not exceed a height of five feet or diameter of 10 feet.
The presence of insects, rodents, vermin or other pests on the premises,
in sufficient numbers to constitute a health hazard.
Any public nuisance known at common law or inequity jurisprudence or
as provided by the statutes of the State of New Jersey or the ordinances of
the Township of Lumberton.
Any attractive nuisance which may prove detrimental to the health or
safety of persons, whether in a building, on the premises of a building or
upon an unoccupied lot. This includes, but is not limited to, abandoned wells,
shafts, basements, excavations, abandoned iceboxes or refrigerators or other
major appliances, abandoned or junk motor vehicles, any structurally unsound
fences or structures, lumber, trash, fences, debris or vegetation such as
poison ivy, oak or sumac which may prove a hazard.
Physical conditions dangerous to human life or detrimental to the health
of persons on or near the premises where the conditions exist.
Inadequate or unsanitary sewage or plumbing facilities in violation
of township ordinances.
Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings, or whatever creates an unreasonable nuisance through
odor or noise so as to deprive adjacent owners of the quiet enjoyment of their
property.
Any structure or building that is in a state of dilapidation, deterioration
or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged
by fire to the extent as not to provide shelter, in danger of collapse or
failure and is dangerous to anyone on or near the premises.
Unsanitary conditions or anything unreasonably offensive or dangerous
to health or safety.
Any premises which is manifestly capable of being a fire hazard or unsecured
as to endanger life, limb or property.
Any person living, sleeping, occupying or having actual possession
of a premises or a part thereof.
Any person who has charge, care or control of a premises or a part
thereof, whether with or without the knowledge and/or consent of the owner.
Any person who, alone or jointly or severally with others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or shall have charge, care or control of any dwelling
or dwelling unit 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 dwelling or dwelling unit shall be deemed
to be a co-owner with the lessor and/or assigned by said lessee.
A lot, plot or parcel of land, including the buildings or structures
thereon.
(See also "garbage" and "rubbish.") All putrescible and nonputrescible
solid wastes, including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles, tires and solid market and
industrial wastes.
Registered mail or certified mail.
(See also "garbage" and "refuse.") Nonputrescible solid wastes consisting
of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
tin cans, wood, bedding, crockery and similar materials. Firewood shall not
be prohibited, provided that it is stacked in an orderly manner within 60
days of being cut or delivered to the property. Firewood on a commercial lot
must be stacked at least 15 feet off any residential property line.
A combination of any materials, whether fixed or portable, forming
a construction, including buildings.
Supply and removal of air to and from any space by natural or mechanical
means.
Deterioration, decay or damage caused by exposure to the elements.
A.
In general. This code shall be applicable to all buildings, every residential and nonresidential building and the premises on which it is situated in the township, used or intended to be used for dwelling, commercial, business or industrial occupancy, which buildings 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, and irrespective of any permits or licenses that shall have been issued for the use or occupancy of the building or for the installation or repair of equipment or facilities prior to enactment of this code. This code shall not apply to farm related buildings located on farmland-assessed property, other than the principal residence. This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Subsection B.
B.
Higher standard to prevail in case of conflict with other
laws or ordinances. In any case where the provisions of this code impose a
higher standard than set forth in any other ordinances of the township 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 ordinances of the township or of the laws of the State of New
Jersey, then the higher standard contained in any such other ordinance or
law shall prevail.
C.
Enforcement of and compliance with other ordinances.
Compliance with this code shall not constitute a defense against any violation
of any other ordinance of the township applicable to any structure or premises,
nor shall any provision herein relieve any owner, operator or occupant from
complying with any such other provision, nor any official of the township
from enforcing any such other provision.
A.
Owner and operator. Owners and operators shall have all
the duties and responsibilities as prescribed in this code and the regulations
promulgated pursuant thereto, and no owner or operator shall 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 occupant is also responsible
therefor and in violation thereof.
B.
Occupant. Occupants shall have all the duties and responsibilities
as prescribed in this code and all the regulations promulgated thereto, 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.
C.
Contract not to alter responsibilities. Unless expressly
provided to the contrary in this code, the respective obligations and responsibilities
of the owner and operator on one hand, and the occupant on the other, shall
not be altered or affected by any agreement or contract by and between any
of the aforesaid or between them and other parties.
A.
Maintenance of exterior of premises free of hazards and
unsanitary conditions. The exterior of the 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 the premises and free of unsanitary
conditions, and any of the foregoing shall be promptly removed and abated
by the owner or operator.
B.
It shall be the duty of the owner or operator to keep
the premises free of hazards, which include but are not limited to the enumerations
and provisions in the following subsections:
(1)
Refuse. Brush, woods, broken glass, excavated stumps,
roots, hazardous growths, filth, garbage, trash, refuse, debris and all other
items described under the definition of "nuisance" and all of its subsections.
Nothing herein contained, however, should be intended to include items properly
placed or gathered for collection and disposal under an authorized municipal
and/or county recycling program.
(2)
Natural growth. Dead and dying trees and limbs or other
natural growth, including but not limited to brush, weeds, ragweed, stumps,
roots and all plant growth which are noxious, dangerous or detrimental to
human health and safety, 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, trimmed and maintained in an orderly state to prevent
such conditions, including all situations in which such conditions would constitute
blighting and/or have a debilitating effect upon surrounding properties, and/or
having any negative aesthetic or other impact upon adjoining and nearby property.
Open areas shall be graded evenly to eliminate holes, depressions, gullies,
mounds, accumulations or debris or other unsightly or unsafe conditions.
(3)
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.
(4)
Ground surface hazards or unsanitary conditions. Holes,
excavations, breaks, projections, obstructions, broken or missing pavement
and excretion of pets and other animals on paths, sidewalks, walkways, 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 replaced and other conditions removed
where necessary to eliminate hazards or unsanitary conditions with reasonable
dispatch upon their discovery.
(5)
Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
(6)
Sources of infestation. Every owner and operator shall
promptly identify all sources of infestation, and every measure shall be taken
to immediately abate and eliminate said infestation.
(7)
Abandoned, uncovered or structurally unsound wells, shafts,
towers, cellar openings, basement hatchways, foundations or excavations; animal
excrement; hidden or uncovered ground or surface hazards such as holes, sudden
depressions, sharp or jagged projections or obstructions.
C.
Signs. All signs, pavement markings and printed matter
and pictures or illustrations contained thereon, permitted by reasons of other
regulations or as a lawful nonconforming use, shall be maintained in good
repair. Any sign or billboard which has weathered excessively or faded or
the paint on which has excessively peeled or cracked shall, together with
its supports, be removed forthwith or put into a state of good repair. All
nonoperative or broken electrical signs shall, together with their supports,
be repaired or removed forthwith.
D.
Appearance of exterior of premises and structures. The
exterior of the premises, the exterior of structures and the conditions of
accessory structures shall be maintained so that the appearance of the premises
and all buildings thereon shall not constitute a value-depreciating factor
for adjoining property owners nor an element leading to the progressive deterioration
and downgrading of property values.
E.
Storage of commercial and industrial material. There
shall not be stored or used at a location visible from the sidewalk street
or other public areas equipment and materials relating to commercial or industrial
uses unless permitted under the Zoning Ordinance for the premises.
F.
General maintenance of all structures and accessory structures.
The exterior of every structure or accessory structure (including fences)
shall be maintained in good repair. Painted fences shall be maintained so
that the paint is not peeling or otherwise deteriorating. Unpainted fences
shall be maintained so as to avoid rot or deterioration of the fencing materials.
The exterior of all structures shall be maintained free of broken glass, loose
shingles, crumbling stone or brick, excessively peeling paint or other condition
reflective of deterioration or inadequate maintenance to the end that the
property itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences. Roofs
shall be maintained or repaired to be structurally sound and free from defects.
G.
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other portion
of the premises shall be maintained in good repair and shall not constitute
a nuisance or a safety hazard. In the event that such awnings or marquees
are not properly maintained in accordance with the foregoing, they shall,
together with their supports, be removed forthwith. In the event that awnings
or marquees are made of cloth, plastic or similar materials, the cloth or
plastic, where exposed to public view, shall be maintained in good condition
and shall not show evidence of excessive weathering, ripping, tearing or other
holes. Nothing herein shall be construed to authorize any encroachment on
streets, sidewalks or other parts of the public domain.
H.
Exterior walls, roofs, etc. Exterior walls, roofs, windows,
window frames, doors, door frames, foundations and other parts of the structure
shall be maintained. Damaged materials must be repaired or replaced promptly;
places showing signs of rot, leakage, deterioration or corrosion are to be
restored and protected against weathering or seepage.
I.
Freedom from accumulations and obstructions. No accumulation
or obstruction from garbage, refuse or rubbish shall be permitted which is
visible from the sidewalk, street or other public areas or a neighboring premises,
except that garbage stored in proper containers may be set out for removal.
J.
Landscaping. Lawns, hedges and bushes shall be kept trimmed
and maintained so as to keep from becoming overgrown. Specifically, lawns
shall be trimmed and maintained at a height no greater than six inches in
height. Hedges and bushes shall be trimmed and maintained such that they do
not extend over public sidewalks, streets or other rights-of-way.
K.
Windows exposed to public view. All windows exposed to
public view shall be kept clean and free of marks, dirt, grime and be unbroken.
Except when necessary in the course of changing displays, no storage of materials,
stocks or inventory shall be permitted in window display areas ordinarily
exposed to public view unless such areas are first screened from view by draperies,
venetian blinds or other means. All screening of interiors shall be maintained
in a clean and attractive manner and in a good state of repair.
L.
Temporary scaffolding or equipment. No temporary painting
scaffold or other temporary equipment used for construction, repair or maintenance
shall be permitted to remain in place beyond a period necessary to reasonably
complete the purpose for which such equipment was intended to be used.
M.
Storefronts. All storefronts shall be maintained in good
repair, and all surfaces thereof shall be kept painted when necessary for
purposes of preservation and appearance. In the event that repairs to a portion
of a storefront are made, such repairs shall be performed with materials identical
or compatible with the materials used in the area not undergoing repair, to
the end that the appearance of the storefront shall be uniform and attractive.
N.
Maintenance of sidewalks. Every day that a commercial
premises is open for business, the owner and operator shall be responsible
for removing litter from the sidewalk or other pedestrian areas, if any, in
front of the owner's and/or occupant's commercial premises. The
area shall be swept as often as necessary to maintain it free of litter, spillage
and other debris.
O.
Access and parking areas.
(1)
The owners and operators of any accessways and parking
areas serving commercial and industrial premises shall be responsible for
keeping same free of congestion and open to emergency and service vehicles
by:
(a)
Keeping all accessways and parking areas free of snow
and ice.
(b)
Preventing the continuous or regular use of accessways
or parking spaces for any vehicle which is:
[1]
In such a state of disassembly or disrepair so that it
cannot be driven; or
[2]
Which does not display current license plates and inspection
sticker. For purposes of this subsection, "continuous" shall mean the presence
on the same tax map lot for a period of 72 consecutive hours and "regular"
shall mean being observed at least twice within a twenty-day period on the
same tax map lot when on both occasions such vehicle was either in a state
of disassembly or disrepair so that it could not be driven or on both occasions
did not display current license plates and inspection sticker.
[3]
This subsection shall not apply with regard to a vehicle
on the premises of a business enterprise operated in a lawful place and manner
which conforms to the requirements of the Lumberton Township Land Use Ordinance
regulating vehicle storage facilities or similar enactments.
(2)
Parking lots or parking areas, including the entrances
and exits thereto, shall be kept in a good state of repair. Signage as to
ownership and use restrictions shall be maintained in good repair, clearly
visible to potential parkers. Striping, where appropriate, shall indicate
spaces, directions of flow and entrances and exits and shall be maintained
so as to assure visibility.
(3)
Means of ingress and egress shall be clearly marked by
signs.
(4)
Parking spaces shall be clearly indicated by painted
lines.
(5)
Lanes for the movement of traffic in each direction shall
be indicated by arrows indicating one-way traffic, which shall be painted
in these lanes at both ends.
(6)
A trash basket with at least a twenty-gallon capacity
shall be provided for each 150 feet of store frontage in any shopping area.
These baskets shall be placed in the walking or pedestrian area and shall
be provided with covers and shall not be allowed to overflow.
(7)
Fire zones should be kept clear of all vehicular traffic
and parking, as designated by the Bureau of Fire Prevention.
A.
Cleanliness and sanitation. All parts of the premises
under the control of the occupant or operator shall be kept in a clean, safe
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 from maintaining the premises in a clean and sanitary condition.
All outside premises shall be clear of abandoned iceboxes, refrigerators,
heaters, television sets and other similar major appliances.
B.
Landscaping. The landscaping of premises shall be maintained
in an orderly state with lawns (where applicable) and bushes trimmed and free
from becoming overgrown, littered and unsightly where such would constitute
a blighting effect, depreciating adjoining and nearby property. Specifically,
lawns shall be trimmed and maintained at a height no greater than six inches
in height. Hedges and bushes shall be trimmed and maintained such that they
do not extend over public sidewalks, streets or other rights-of-way.
C.
Ground surface hazards, unsanitary conditions, unregistered
vehicles and/or vehicles without current license plates.
(1)
It shall be the duty of the occupant to keep the premises
free of holes, excavations and excretions of pets and other animals on paths,
sidewalks, walkways, driveways, parking lots and parking areas and other vehicular
or pedestrian access routes to the premises. Snow and ice shall be cleared
from sidewalks and public access paths or routes or shall be made safely passable
within 24 hours of the end of a storm. Holes and excavations shall be filled
and repaired and other conditions removed where necessary to eliminate hazards
or unsanitary conditions with reasonable dispatch upon their discovery. It
shall also be the duty of the occupant to remove any motor vehicle which is
unregistered or not registered to the owner or occupant and/or without current
license tags or plates from the premises unless the same is properly stored
in a closed garage or neatly covered with a protective tarpaulin (subject
to a maximum of two such unregistered tarpaulin-covered vehicles), or in the
case of nonresidential premises, such motor vehicle is being currently serviced
or repaired by a garageman or mechanic in order to meet inspection requirements
of the Division of Motor Vehicles of the State of New Jersey. Any such vehicles
in residential zones shall be stored either in the driveway or rear yard.
(2)
No person shall park or permit to be parked any motor
vehicle on any street in the township for a period of more than 72 hours unless
such motor vehicle is operable and in condition for safe and effective performance
of the function for which it is intended; provided, however, that the parking
of a car, trailer, motorcycle or boat offered for sale shall be permitted
for a maximum period of 30 consecutive days, a maximum of three times per
calendar year.
D.
Eliminating infestation. Every occupant of a premises
shall be responsible for the elimination of infestation in the premises and
on the premises.
E.
Malicious damage. Every occupant shall be responsible
for willfully or maliciously caused damage to any part of the premises.
A.
In general. No person shall accumulate or permit, suffer
or allow the accumulation in any premises owned, operated, occupied or controlled
by him of any refuse, garbage, rubbish and waste material for a time longer
than the period from one collection day to the next ensuing collection day.
Such refuse, garbage, rubbish or waste material shall either be removed by
the township-contracted services in accordance with regulations made and provided
or by an authorized collector.
B.
Nonresidential premises.
(1)
Every owner, operator and occupant of any nonresidential
premises shall be responsible for providing suitable containers consisting
of waterproofed receptacles, cans or barrels made of a substantial material
such as galvanized iron or vinyl/plastic with a tight-fitting cover so constructed
as to prevent spillage or leakage of its contents for the receiving and holding
of garbage, rubbish, refuse or waste materials.
(2)
Every owner, operator and occupant of nonresidential premises shall be responsible for providing containers, as described in Subsection B(1), sufficient in number to hold all garbage, rubbish, refuse and waste material in the manner prescribed, from one collection period to the next actual collection. Garbage, rubbish, refuse and waste material shall be placed in the containers aforesaid prior to the time fixed for collections.
(3)
Every owner, operator and occupant of nonresidential
premises shall be responsible for making necessary arrangements for weekly
collection of garbage, rubbish, refuse and waste material between the hours
of 6:00 a.m. and 8:00 p.m. prevailing time only.
C.
Residential premises.
(1)
Every owner, operator and occupant of residential premises
shall be responsible for providing suitable containers for the receiving and
holding of garbage, rubbish, refuse and waste materials. All such containers
shall prevent trash or garbage from disbursing or spilling into the street
and prevent spillage or leakage of their contents.
(2)
Every owner, operator and occupant of residential premises shall be responsible for providing containers as described in Subsection C(1) sufficient in number to hold all garbage, rubbish, refuse and waste material, in the manner prescribed, from one collection to the next actual collection. Such garbage, rubbish, refuse and waste material shall be placed in the containers aforesaid prior to the time fixed for collection.
(3)
Every owner, operator and occupant of residential premises
shall place the containers aforementioned so as not to impede traffic in front
of the premises no earlier than 12:00 noon of the day preceding the nearest
collection day. Containers shall be retrieved from their collection location
no later than 12:00 midnight on the day of collection.
A.
Township Committee to supervise administration of inspections,
regulations, enforcements and hearings on violations. The Township Committee
is hereby designated to supervise and direct all inspections, regulations,
enforcements and hearings on violations of the provisions of this code unless
expressly stated to the contrary. The Code Enforcement Officer or his designee
shall be and is designated by the Township Committee to perform such duties
as may be necessary to the enforcement of this code, including the making
of inspections. Any resident of Lumberton Township shall have standing to
bring a complaint to the Municipal Court for enforcement of this chapter.
B.
When exterior inspections are to be made. All exteriors
of buildings and premises subject to this code are subject to inspection by
the enforcing officer of the township based on clearly evident probable cause
to believe a violation or unsafe condition may exist. At the time of such
inspections, parts of the premises must be available and accessible for such
inspections, and the owner, operator and occupant are required to provide
the necessary arrangements to facilitate such inspections.
C.
Identification and conduct of inspectors. Enforcement
officials and officers shall be supplied with official identification and
shall exhibit such identification when requesting access to any part of any
premises subject to this code. Inspectors shall conduct themselves so as to
avoid intentional embarrassment or inconvenience to occupants.
D.
Where access by enforcing officials is refused. Where
the enforcing official or his agent is refused access to the premises or is
otherwise impeded or prevented by the owner, occupant or operator from conducting
an inspection of the premises, access to the premises shall be gained only
by the warrant procedure set forth hereafter.
E.
Issuance of warrant. In addition to the provisions of Subsection D, enforcing officials may, upon affidavit, apply to the Municipal Court Judge of the Township of Lumberton or to the New Jersey Superior Court for a warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this code exists on the premises, and if the Judge is satisfied as to the matter set forth in said affidavit, he may authorize the issuance of a warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
F.
Procedure where violation discovered. Where a violation
of this code or the regulations hereunder is found to exist, a written warning
notice from the enforcing official shall be served on the person or persons
responsible for the correction thereof.
G.
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct the 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 I. The notice shall also advise the recipient that, if the violation is not corrected or abated, the municipality or municipal-hired contractor may do the same, the cost of which shall become a lien on the subject property.
H.
Service of notice. Notice may be served personally or
by mail with postage prepaid, addressed to the last known address of the person
to be served. In case the premises is occupied, notice may be accomplished
by posting upon the front door of the structure. 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. If the
last known address cannot be ascertained, service may be accomplished by mailing
the notice with postage prepaid to the mortgagee, if there be one, and by
posting the notice on the front door of the premises and printing the notice
in the official township newspaper at least one time. The enforcing officer
shall file and provide notice to any owner, operator or occupant of any violation
at any address other than the last known address provided hereunder if such
other address is filed with the enforcing officer personally or by certified
mail addressed to the enforcing officer. Service upon an owner, operator or
occupant may also be attained by service of any notice upon any competent
member of the family 18 years old or older of the owner, operator or occupant.
Date of service of notice shall be determined where service is by mail as
of the third day following the day of mailing for notices to addresses within
or outside the township. Where the day of service would fall upon a Sunday
or other day where mail is not ordinarily delivered, then the day of service
shall be the next regular day.
I.
Notice to become an order unless hearing requested. 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
by serving a written request within the ten-day period in person or by mail
on 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 requests, shall within
30 days therefrom and upon five days' notice to the party aggrieved set
the matter down for hearing before the Township Committee.
J.
Determination at hearing. At any hearing provided hereunder
the Township Committee 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 it; and to enforce any such subpoena or secure any order
for the enforcement of any such subpoena as provided by law. Determination
shall be made within 14 days from the completion of the hearing. The Township
Committee shall issue an order either incorporating the determinations and
directions contained in the notice, modifying the same or withdrawing the
notice.
K.
Extensions of time. The Township Committee may extend
the time for correction or abatement of violations for an additional period
of time deemed reasonable by the Township Committee beyond the expiration
date of the original notice. The enforcing official may also extend the time
for correction or abatement, subject to written recommendation by the enforcing
official to the Township Committee and approval of the proposed extension
by the Committee.
L.
Summary abatement in emergency; notice and hearing not
required. 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, the Township Committee may either abate the violation
or condition immediately or order the owner, operator or occupant to correct
the violation or condition within a period of time not to exceed three days,
and upon failure to do so, the Township Committee shall abate the condition
immediately thereafter.
M.
Cost of any abatement to be a lien against premises.
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 laws applicable thereto requires
expending township moneys therefor, the enforcing officer shall present a
report of work proposed to be done to accomplish the foregoing to the Township
Committee. The report shall include an estimate of the cost of the work required,
along with a summary of the proceedings undertaken by the enforcing officer
to secure compliance, including notices served upon the owners, operators,
lessors or agents, as the case may be, and hearings and orders of the Township
Committee with reference thereto. The Township Committee may thereupon order
the abatement of the nuisance, correction of the defect and completion of
the work necessary to place the premises in proper condition and in compliance
with ordinances of the township and laws of the state. The enforcing officer
may thereafter proceed to have the work performed in accordance with the order
at township expense not to exceed the amount specified in the order and shall
upon completion thereof submit a report of the moneys expended and costs to
the Township Committee. After review of the same, the Township Committee may
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 and regular
mail to the owner.
N.
Extension of time where dispossess action undertaken.
Where there exists a violation of this code, an owner or operator, upon receipt
of a notice of violation, if unable to eliminate the violation by peaceable
means within the period of time specified in said notice, shall commence within
such period legal action to dispossess, evict or eject the occupants who caused
the violation. No further action hereunder shall then be taken against the
owner or operator so long as the action aforesaid is pending in the appropriate
court and is prosecuted expeditiously and in good faith.
O.
Where notice and hearing not required prior to court
proceedings.
(1)
No notice shall be required on the enforcement as to
the removal of or making safe passage through accumulated snow or ice from
sidewalks where such snow or ice remains uncleared within 24 hours after the
termination of the storm.
(2)
Where the Township Committee after hearing shall determine
that there was a violation and a notice was served upon the owner, operator
or occupant, whether or not said violation was abated prior to the issuance
of an order, if thereafter within the space of one year there shall be a second
violation by the same owner, operator or occupant of the same provision of
this code discovered on the same premises, the offender may be prosecuted
on the second violation without the enforcing officer first giving notice
and opportunity for a hearing to the owner, operator or occupant by the filing
of a complaint by the enforcing officer in the Municipal Court.
P.
Effect of notice on owner. For the purposes of enforcement
of this code, the service of a notice on an owner, whether or not the owner
is also the operator, shall constitute notice of violations set forth therein
until violations are abated in conformity with this code and the other applicable
ordinances of the Township of Lumberton.
A.
Fines for violations. A violation of any section or subsection
of this code shall be subject, upon conviction, to a fine of up to but not
exceeding $1,000.
B.
Meaning of "each violation." Each violation of a section
or subsection of this code shall constitute a separate and distinct violation
independent of any other section or subsection or any order issued pursuant
to this code. Each day's failure to comply with any such section or subsection
shall constitute a separate violation.
C.
Additional penalty for second violation. Where an owner, operator or occupant has been convicted of a violation of this code and within 12 months thereafter has been found by the Judge of the Municipal Court to be guilty of a second violation, the Court may, if it finds that the second offense was willful and inexcusable, sentence the offender in addition to or in lieu of the fine set forth in Subsection A to imprisonment in the county jail for a period not to exceed 90 days.
E.
Fine as a lien. In the event of the imposition of a fine
or penalty by the Municipal Court or any other court of competent jurisdiction
against the owner, operator or lessor of any building or structure in the
township required to be registered for violation of any township ordinance
or any state law applicable to the township, the fine or penalty, if unpaid
within 30 days of imposition, shall be collectible as a lien against the premises,
in addition to any other remedies provided by law.
The repeal of any provisions of any other ordinances by this code shall
not affect any action for prosecution or abatement under any such ordinance
or any notice, complaint or order issued by any officer or agency of the township
prior to the adoption of this code or concerning which any prosecution or
other steps of enforcement have been taken or are being taken within any administrative
agency or in the Municipal Court for enforcement thereof.
The Township Committee is hereby authorized and empowered to promulgate
such written rules and regulations as may be necessary for the proper interpretation
and administration of the provisions of this code, provided that such rules
and regulations do not conflict with this code and do conform to the general
standards prescribed by this code. The Township Committee shall file copies
of such rules and regulations with the Township Clerk, which shall be available
during regular business hours. Such rules and regulations shall have the same
force and effect as the provisions of this code, and the violations thereof
shall be enforced as violations of the express provisions of this code, as
herein provided.
If any part, section, sentence, clause or phrase of this chapter shall
be held invalid, unconstitutional or void for any reason, such decision shall
not effect the validity of the remaining portions of this chapter.
This chapter shall take effect immediately upon its final passage and
publication in accordance with the law.
