[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg 11-2-1992.
Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code of the
Borough of Hamburg" and may be referred to as the "code" in this chapter.
It is hereby found and declared that there exist in the Borough structures
used for residential and nonresidential uses 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 essential heating, plumbing, storage or refrigeration equipment, lack of
maintenance or upkeep of essential utilities and facilities, existence of
fire hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding constitute a menace to the health, safety, morals, welfare
and reasonable comfort of the citizens and inhabitants of the Borough.
The purpose of this code is to protect the public health, safety, morals
and welfare by establishing minimum standards governing the maintenance, appearance,
condition and occupancy 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 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, and to fix penalties for the violations of this code. This code
is hereby declared to be remedial and essential for the public interest, and
it is intended that this code shall be liberally construed to effectuate the
purposes as stated herein.
Meaning of certain words. 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.
The portion of the building that is partly underground which has
more than 1/2 of its height measured from clear floor to ceiling above the
average adjoining ground level. Where the natural contour of the ground level
immediately adjacent to the building is interrupted by ditching, pits or trenching,
then the average adjoining ground level shall be the nearest natural contour
line parallel to the walls of the building without regard to the levels created
by the ditching, pits or trenching.
A combination of materials to form a construction adapted to permanent
or continuous occupancy for use for public, institutional, business, industrial
or storage purposes.[1]
The lowermost portion of the building, partly or totally underground,
having 1/2 or more of its height measured from clear floor to ceiling below
the average adjoining ground level. Where the natural contour of the ground
level immediately adjacent to the building is interrupted by ditching, pits
or trenching, then the average adjoining ground level shall be the nearest
natural contour line parallel to the walls of the building without regard
to the levels created by the ditching, pits or trenching.
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 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, parking lot, or from any adjoining or neighboring
premises.
Those portions of a building which are exposed to public view and
the open space of any premises outside of any building erected thereon.[2]
The Chief of the Fire Department of the Borough.
Anything or any act which increases or may cause an increase in the
hazard or menace of fire to a greater degree than that customarily recognized
as normal by persons in the public service or preventing, suppressing or extinguishment
of fire. (See also "nuisance.")[3]
The chief administrative officer of the Board of Health of the Borough.[4]
The presence of insects, rodents, vermin or other pests on the premises
which constitute a health hazard.
Any room or part of a room used for cooking or the preparation of
food.
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the statutes of the State of New Jersey, or the ordinances
of the Town.
Any attractive nuisance which may prove detrimental to the health or
safety of children, whether in a building, or the premises of a building,
or upon an unoccupied lot. This includes, but is not limited to, abandoned
wells, shafts, basements, excavation; abandoned ice boxes, refrigerators or
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 for inquisitive minors.
Physical conditions dangerous to human life or detrimental to health
of persons on or near the premises where the conditions exist.
Insufficient ventilation or elimination in violation of this code.
Inadequate or insanitary sewage or plumbing facilities in violation
of this code.
Insanitary conditions or anything offensive to the senses or dangerous
to health, in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental to the
health of human beings.
Any person who has charge, care or control of a premises, or a part
thereof, whether with or without the knowledge and 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 nonresidential
premises as owner or agent of the owner, or as fiduciary, including but not
limited to: executor, executrix, administrator, administratrix, trustee, receiver,
or guardian of the estate, or as a mortgagee in possession regardless of how
such possession was obtained. Any person who is a lessee subletting or reassigning
any part or all of any premises shall be deemed to be a co-owner with the
lessor and shall have joint responsibility over the portion of the premises
sublet or assigned by the lessee.
All the following supplies, facilities and equipment: gas pipes,
gas burning equipment, water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed lavatories, showers, appliances, catch basin, vent
and any other similar supplied fixtures, together with all connections to
water, sewer or gas lines, and water pipes and lines utilized in conjunction
with air-conditioning equipment.
A lot, plot or parcel of land including the buildings or structures
thereon.
The person designated to perform, direct and supervise inspections,
regulations, enforcement and hearings on violations on provisions of this
code.
[Amended 7-7-1999]
All putrescible and nonputrescible solid wastes (except body wastes)
including but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves,
wood, glass, bedding, crockery and similar materials.
Any sanitary sewer owned, operated and maintained by the Borough
and available for a public use for the disposal of sewage.[5]
Combination of any materials, whether fixed or portable, forming
a construction, including buildings.
The supply and removal of air to and from any space by natural or
mechanical means.
The deterioration, decay or damage caused by exposure to the elements.
A.
Applicable to all residential and nonresidential buildings.
Every residential and nonresidential building and the premises on which it
is situated in the Borough used or intended to be used for residential, commercial,
business or industrial occupancy shall comply with the provisions of this
code, whether or not the buildings shall have been constructed, altered or
repaired before or after the enactment of this code, and irrespective of any
permits or licenses which shall have been issued for the use or occupancy
of the building, or for the installation or repair of equipment or facilities
prior to the enactment of this code. This code established minimum standards
for the initial and continued occupancy and use of all 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.
B.
Higher standard to prevail. In any case where the provisions
of this code impose a higher standard than set forth in any other ordinance
of the Borough or under the laws of the State of New Jersey, then the standards
as set forth herein shall prevail; but if the provisions of this code impose
a lower standard than any other ordinance of the Borough or of the laws of
the State of New Jersey, then the higher standard contained in any other ordinance
or law shall prevail.
C.
Issuance and renewal of other permits and licenses. After
enactment of this code, all licenses and permits shall be issued upon compliance
with the ordinances under which such licenses and permits are granted.
D.
Enforcement of and compliance with other ordinances.
No license or permit or other certification of compliance with this code shall
constitute a defense against any violation of any other ordinance of the Borough
applicable to any structure or premises, nor shall any provision herein relieve
any owner, operator or occupant from complying with any other provision, nor
any official of the Borough from enforcing any other provision.
A.
Owner and operator. Owners and operators shall have all the duties and responsibilities described in § 155-7 of this chapter 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.
Occupants. Occupants shall have all the duties and responsibilities as prescribed in § 155-8 of this chapter, 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 chapter, 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. The exterior of
the premises and all structures thereon shall be kept free of all nuisances,
of any hazards to the safety of occupants, pedestrians and other persons utilizing
the premises and of unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner or operator. 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 following:
(1)
Brush and weeds. Brush, weeds, broken glass, stumps,
roots, obnoxious growth, filth, garbage, trash, refuse and debris.
(2)
Natural growth. Dead and dying trees and limbs or other
natural growth which, by reason of rotting or deteriorating conditions or
storm damage, constitute a hazard to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhanging. 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 insanitary conditions. Holes,
excavations, breaks, projections, obstructions, icy conditions, uncleared
snow and excretion of pets and other animals on paths, walks, driveways, parking
lots and parking areas and other parts of the premises which are acceptable
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 insanitary 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)
Infestation. Sources of infestation.
(7)
Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage, and capable of bearing imposed loads
safely.
(8)
Chimneys and all flue and vent attachments. Chimneys
and all flue and vent attachments thereto shall be maintained structurally
sound, free from defects, and so maintained as to capably perform at all times
the functions for which they were designed. Chimneys, flues, gas vents, or
other draft-producing equipment shall provide sufficient draft to develop
the rated output of the connected equipment, shall be structurally safe, durable,
smoke tight, and capable of withstanding the action of through gases.
(9)
Exterior porches, landings, balconies, stairs and fire
escapes. Exterior porches, landings, balconies, stairs and fire escapes shall
be provided with banisters or railings properly designed and maintained to
minimize the hazard of falling and shall be kept structurally sound, in good
repair, and free from defects.
(10)
Grass shall not exceed six inches in height.
[Added 8-4-1997]
B.
Appearance of exterior premises and structures. The exterior
of every structure or accessory structure (including fences) shall be maintained
in good repair and all surfaces thereof shall be kept painted or whitewashed
where necessary for purposes of preservation and appearance. The same shall
be maintained free of broken glass, loose shingles, crumbling stone or brick,
excessive 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 in the neighborhood
protected from blighting influences.
C.
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalks, streets, or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under Chapter 215, Zoning, for the premises.
D.
Landscaping. Premises shall be kept landscaped, and lawns,
hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view and where the same constitute a blighting factor
depreciating adjoining property.
E.
Signs. All signs permitted by reason of other regulations
or as a lawful nonconforming use shall be maintained in good repair, and printed
matter, pictures, or illustrations contained thereon shall be completely maintained
or, when no longer in use, completely removed. All nonoperative or broken
electrical signs shall be repaired or shall, with their supporting members,
be removed forthwith.
F.
Windows. All windows exposed to public view shall be
kept clean and free of marks or foreign substances except when necessary in
the course of changing displays. No storage of materials, stock or inventory
shall be permitted in window display areas or other areas ordinarily exposed
to public view unless the areas are first screened from the public view by
drapes, venetian blinds or other permanent rendering of the windows opaque
to the public view. All screening of interior shall be maintained in clean
and attractive manner and in good state of repair.
G.
Store fronts. All store fronts shall be kept in good
repair, painted where required, and shall not constitute a safety hazard or
nuisance. In the event repairs to a store front become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the store front in such a manner as to permanently repair the damaged area
or areas. Any cornice visible above a store front shall be kept painted where
required and in good repair.
H.
Signs or advertising; removal.
(1)
Except for "For Rent" signs, any temporary sign or other
paper advertising material glued or otherwise attached to a window or windows
or otherwise exposed to public view shall be removed:
(2)
Except during the course of repairs or alterations, no
more than 33 1/3% of the square footage of any single window or single
window display area shall be devoted to signs or other temporary advertising
material attached to the window or windows or otherwise exposed to public
view.
I.
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 safety hazard. In the event that such awnings or marquees are
not properly maintained in accordance with the foregoing they shall, together
with their supporting members, be removed forthwith. In the event the awnings
and marquees are made of cloth, plastic or a similar material the cloth or
plastic, where exposed to public view, shall be maintained in good condition
and shall not show evidence of excessive weathering, discoloration, ripping,
tearing, or holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks, or other parts of the public domain.
J.
Structural soundness and general maintenance, exterior.
The exterior of every structure or accessory structure (including fences,
signs and store fronts) shall be maintained in good repair and all surfaces
thereof shall be kept painted or whitewashed where necessary for purposes
of preservation and appearance. All surfaces shall be maintained free of broken
glass, loose shingles, crumbling stone or brick, excessive 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.
K.
Reconstruction of walls and sidings. All reconstruction
of walls and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both sides of
the street on which the premises front; such that the materials used are not
of a kind that, by their appearance under prevailing appraisal practices and
standards, will depreciate the value of neighboring and adjoining premises.
L.
Basements and cellars. Basements and cellars shall be
free of moisture resulting from seepage, and cross-ventilation shall be required
where necessary to prevent accumulations of moisture and dampness.
M.
Freedom from infestation. All parts of the premises shall
be maintained so as to prevent infestation.
N.
General sanitation and safety. All parts of the premises
shall be kept in a clean and sanitary condition, free of nuisances and free
from health, safety and fire hazards.
O.
Freedom from accumulations and obstructions. No accumulation
or obstruction from garbage, refuse or rubbish shall be permitted on common
stairways, areaways, balconies, porches, hallways, basements or cellars except
that garbage stored in proper containers may be set out for removal provided
that such containers shall have tight-fitting covers in place at all times.
P.
Floors, interior walls and ceilings. Floors, interior
walls and ceilings of every structure shall be structurally sound and maintained
in a clean and sanitary condition.
Q.
Floors generally. Floors shall be considered to be structurally
sound when capable of safely bearing imposed loads and shall be maintained
at all times in a condition so as to be smooth, clean, free from cracks, breaks
and other hazards.
R.
Washroom and water closet compartments. Washroom and
water closet compartment floors shall be surfaced with water-resistant material
and shall be kept in a dry, clean and sanitary condition at all times.
S.
Cellar and basement floors. Floors of basements and cellars
shall be paved with stone or concrete not less than four inches thick and
shall be maintained at all times in a condition so as to be smooth, clean,
free from cracks, breaks and other hazards.
T.
Supporting structural members. Supporting structural
members are to be kept structurally sound, free of deterioration and capable
of bearing imposed loads safely.
U.
Walls and ceilings. Walls and ceilings shall be considered
to be in good repair when cleaned, free from cracks, breaks, loose plaster
and similar conditions. Walls shall be provided with paint, paper, ceiling
material or other protective covering so that the walls and ceilings are kept
clean, free of visible foreign matter, sanitary and well maintained at all
times.
V.
Garbage removal. The owner or operator shall have the
duty and responsibility of removing all garbage from the premises.
W.
Accumulating refuse and nonfireproof storage prohibited.
Storage bins, rooms, and areas shall be used for accumulated garbage or refuse.
Inflammable or combustible liquids or other materials may not be stored on
the premises unless they are of a type approved for storage by the regulations
of the Fire Department, and then only in such quantities and in such fireproof
storage containers as may be prescribed by the regulations.
X.
Connection to sanitary sewer. All plumbing fixtures shall
be connected to the sanitary sewer or septic system through lines which are
free of leaks, corrosion or deterioration and provide an unobstructed passage
from the plumbing facilities within the building to the sanitary sewer or
septic system.
Y.
Electrical service. All premises utilized for business,
industrial, commercial or institutional work and activities shall be supplied
with electrical power through safely insulated conduits conforming to all
applicable codes. Every washroom and water closet compartment shall be provided
with permanently installed artificial lighting fixtures with a switch and
wall plate so located and maintained that there is no danger of short-circuiting
from water, from other washroom facilities or from splashing of water.
Z.
Maintenance of electrical and lighting facilities. Except
as hereinafter stated, all wiring or cables shall be properly affixed or attached
to the structure. Installation shall be provided for all wiring and cables
and kept in good repair. No loose extension wires in excess of six feet in
length shall be permitted, and no ceiling or wall fixture shall be used for
supplying power to equipment other than that for which they are designed.
AA.
Fuse requirements. Maximum fuse sizes consistent with
safety shall be posted conspicuously on the inside cover of all fuseboxes,
and no fuse shall be installed therein in excess of the stated maximum, except
that owners shall not be responsible for violations in fuse installations
without their knowledge where the correct maximum is stated and the fuse box
is located within any part of the premises which is in the exclusive possession
of occupants other than the owner.
A.
General and specific provisions. Upon discovery by an
occupant of any condition of the premises which constitutes a violation hereof,
the occupant shall report the same to the public official responsible for
enforcement hereunder.
B.
Cleanliness and sanitation. All parts of the premises
under the control of the occupant shall be kept in a clean and sanitary condition,
and occupant shall refrain from performing any acts which would render other
parts of the premises unclean or insanitary or which would obstruct the owner
or operator from performing any duty required hereunder or maintaining the
premises in a clean and sanitary condition.
C.
Every occupant shall be responsible for the elimination
of infestation in and on the premises subject to his/her control.
A.
The Mayor shall nominate and appoint, upon the advice
and consent of the Council, the public official hereunder, and all inspections,
regulations, enforcement and hearings on violations of the provisions of this
code, unless expressly stated to the contrary, shall be under the public official's
direction and supervision. The Mayor may appoint or designate such other public
officials or employees of the Borough to perform such duties as may be necessary
to the enforcement of this Code, including the making of inspections and holding
of hearings. The Public Official shall serve for a term of one year.
[Amended 7-7-1999[1]]
B.
Inspections. All buildings and premises subject to this
code are subject to inspection from time to time by the enforcing officer.
At the time of inspections all rooms and parts of the premises shall be available
and accessible for the inspections and the owner and operator are required
to provide the necessary arrangements to facilitate such inspections. Inspections
shall be made during regular open hours of the business occupying the premises
unless there is reason to believe a violation exists of a character which
is an immediate threat to health or safety requiring inspection and abatement
without delay.
C.
Identification and entry.
(1)
Identification. Inspectors shall be supplied with official
identification and, upon request, shall exhibit such identification when entering
any part of any premises subject to this code. Inspectors shall conduct themselves
so as to avoid intentional embarrassment or inconvenience to occupants.
(2)
Entry. Where the public official or his/her agent is
refused entry or access, or is otherwise impeded or prevented by the owner,
occupant or operator from conducting an inspection of the premises, such person
shall be in violation of this code and subject to the penalties hereunder.
D.
Violations.
(1)
Notice. Except as provided elsewhere in this code, where
a violation of this code or the regulations hereunder is found to exist, a
written notice from the public official shall be served on the person or persons
responsible for the correction thereof.
(2)
Contents of notice. The notice shall specify the violation or violations committed; what must be done to correct same; a reasonable period of time not to exceed 60 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 of the public official in 10 days after service unless a hearing is requested pursuant to Subsection D(4) below.
(3)
Service of notice. Notice may be served personally or
by prepaid telegram or by mail with postage prepaid 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. If the last-known
address cannot be ascertained, the notice may be posted on the outside front
entrance of the building. The public official shall file and provide notice
to any owner, operator, or occupant of any violation at any address other
than the last-known address if such other address is or has been filed with
the public official personally or by certified mall addressed to the public
official. Service upon an owner, operator or occupant may also be attained
by service of any notice upon a member of the family of the owner, operator
or occupant of the age of 14 years or over then residing therein. Time of
service of the notice shall be determined, where service is by mail, as of
the day following the day of mailing for notices to addresses within the Borough,
and as of the fourth day after the day of mailing for notices to addresses
outside the Borough. Where the day of service would fall upon a Sunday or
other day when mail is not ordinarily delivered, then the day of service shall
be the next regular delivery day.
(4)
Notice to become an order unless hearing requested. After
10 days of the date of service of the 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 certified mail on the public official. The 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 public official upon receipt of the
request shall within 30 days therefrom, and upon five days' notice to
the party aggrieved, set the matter down for hearing.
E.
Determination of hearing. At any hearing provided for
hereunder the public official 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 subpoenas, 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/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 public official shall issue an order either incorporating
the determination and directions contained in the notice, modifying the same
or withdrawing the notice.
F.
Extensions of time. The public official 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 such a period as the public official may deem reasonably adequate.
G.
Summary abatement and emergency; notice and hearing not
required. Where the violations or conditions existing on the premises, are
of such a nature as to constitute an immediate threat to life and limb unless
abated without delay, the public official 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 public official shall abate the conditions immediately
thereafter.
H.
Cost of abatement to be a lien against premises. Where
abatement of any nuisance as defined herein, correction of a defect in the
premises, or maintenance of the premises in a proper condition so as to conform
to municipal ordinances or state law applicable thereto, requires expending
Borough moneys therefor, the public official shall present a report of work
to be proposed to accomplish the foregoing to the Mayor and Council with an
estimate of the cost thereof, along with a summary of the proceedings undertaken
by the public official to secure compliance, including notices served upon
the owners, operators, lessors or agents, as the case may be, and hearings
and orders of the public official with references thereto. The Mayor and Council
may thereupon by resolution authorize the abatement of the nuisance, correction
of the defect, or work necessary to place the premises in proper condition
and in compliance with ordinances of the Borough and the laws of the state.
The public official may thereafter proceed to have the work performed in accordance
with the resolution at the Borough's expense, not to exceed the amount
specified in the resolution and shall, upon completion thereof, submit a report
of the moneys expended and cost to the Council. After review of the same the
Council 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 Council
and filed with the Tax Collector, who shall be responsible for the collection
thereof, and a copy of both the report and resolution shall be sent by certified
mail to the owner.
J.
Effect of notice on owner. For the purpose 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 the violations are abated in conformity with this code and the other
applicable ordinances of the Town.
Any person aggrieved by any notice or order which has been issued in
connection with the enforcement of any provisions of this code, or of any
rule or regulation adopted pursuant hereto, by the public official, may request
and shall be granted a hearing on the matter before the Mayor and Council,
provided such person shall file in the office of the Clerk a written petition
requesting such hearing, setting forth a brief statement of the grounds therefor,
within 10 days after the day the notice or order was served, or within 10
days from the date on which the action complained of occurred, and paying
a fee of $50 to help defray the cost of appeal.
A.
Notice of hearing.
(1)
Upon receipt of the petition and the fee, the Clerk shall
forward the petition to the Mayor and Council, who shall set a time and place
for such hearing and shall give the petitioner written notice thereof.
(2)
At the hearing the petitioner shall be given an opportunity
to be heard and shall show why such notice, order or other action complained
of should be modified or reversed. The hearing shall be set down for not later
than 14 days after the day upon which the petition is filed; provided that
upon application of the petitioner, or upon the Mayor and Council's own
motion, the hearing date may be postponed beyond the fourteen-day period.
B.
Testimony. At the time set for the hearing the petitioner
may present such evidence or testimony in his/her behalf as he/she may deem
necessary and desirable. The proceedings at such hearing, including the findings
and decision, shall be summarized, reduced to writing, and entered as a matter
of public record in the office of the Clerk. The records shall include a copy
of every notice or order issued in connection with the matter.
C.
Decision. Upon completion of the hearing the Mayor and
Council shall, within 10 days, make its findings of fact and conclusions of
law and may affirm, modify or reverse the order appealed from. Copies of the
resolution shall be filed with the Building Inspector and public official
and mailed to the appellant.[1]
A.
Adoption of rules and regulations by public official.
The public official is 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 conform to the general standards
prescribed by this code. The public official shall file copies of such rules
and regulations with the Clerk, Health Officer, Engineer and Fire Chief, and
shall make available in the public official's office a copy for inspection
by members of the public during regular business hours. Provided that such
rules and regulations are published once in the official newspaper of the
Town, they 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.
B.
Issuance of inspection and status reports.
(1)
Application for inspection. Whenever any owner, operator,
occupant, prospective purchaser, mortgagee or prospective occupant shall apply
to the public official for an inspection in order to ascertain if any provision
of this code has been violated, the public official shall, upon receipt of
a fee of $25, cause an inspection to be made of the premises and issue an
informational certificate or report of the inspection to the applicant, indicating
therein any violations of this code on the premises. The applicant for inspection
shall state in writing his/her full name, residence and the reason and basis
for which the inspection is requested. The public official may deny the application
for failure to comply with this requirement.
(2)
Application for status report. Where in lieu of an inspection
an owner, operator, lessee, occupant, prospective purchaser, mortgagee, or
prospective occupant requests a status report as to whether or not there are
any known violations presently on the premises, upon payment of a fee of $25,
a copy of any notice or order or any violation then pending shall be sent
to the applicant.
(3)
No inspection report or status report issued pursuant
to the provisions of this chapter shall be construed as providing a defense
against any violation of this code or any other ordinance of the Town which
may be discovered thereafter, whether or not the condition or violation existed
at the time of any such inspection or status report. The inspection or status
report is provided as a convenience to the public and shall not constitute
a limitation on the full enforcement of this code. The inspection or status
report shall include only such matters as are embraced in this code.
B.
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 Borough, the
fine or penalty shall be collectible as a lien against the premises and, in
addition thereto, shall be collectible pursuant to any other remedies now
provided by law.
