[HISTORY: Adopted by the Mayor and Council
of the Borough of Palmyra 7-14-1986 by Ord. No. 1986-11 (Ch. 39, Art. III
of the 1971 Code). Amendments noted where applicable.]
A.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural number
include the singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory.
B.
STORAGE FACILITY
As used in this chapter, the following terms shall
have the meanings indicated:
Includes all kinds of structures, including but not limited
to truck trailers, with or without wheels, located on any premises,
which are used or have been used for the storage of any material.
A.
Within the limits of the Borough of Palmyra, no person
shall maintain on any premises a storage facility unless and until
there shall be granted by the Construction Official, in accordance
with the terms of this chapter, and shall be in force and in effect
a license to maintain such storage facility.
B.
A license shall be applied for by written application,
filed with the Construction Official, on such form as he may prescribe.
The application shall set forth the full name and address of the applicant,
the location or place of the premises, the location upon said premises
of the subject storage facility, the total cubic feet of the storage
facility and a list of the materials which will be stored in the same.
The application shall also be accompanied by a deposit to cover the
license fee for the current year in the amount hereinafter provided,
which license fee as to the first license granted for any place shall
be proportionately prorated for the remainder of the year.
C.
Agents responsible for obtaining license. The agents
or other representatives of nonresidents who are doing business in
this Borough shall be personally responsible for compliance of their
principals with this chapter.
D.
Performance bond. Every licensee shall provide the
Borough with a performance bond in the amount of $1,000, executed
by a corporate surety authorized to issue bonds and to do business
in the State of New Jersey, which bond shall guarantee to the Borough
the performance by the licensee of all of the conditions imposed by
this chapter. Every bond shall provide that the surety thereby submits
itself to the jurisdiction of the Burlington County District Court
and irrevocably appoints the Borough Clerk as its agent upon which
any papers affecting its liability on the bond may be served; that
the liability of the surety may be enforced on motion without the
necessity of an independent action; and that the motion and such notice
of the motion as the Burlington County District Court has prescribed
may be served upon the Borough Clerk, who shall forthwith mail copies
to the surety to the address given in the bond. The bond shall be
maintained in full force for such period of time as the license shall
be issued.
E.
Expiration of license; renewal. Every license shall expire on December 31 of the year in which it is issued. Applications for the renewal of licenses may be filed at any time prior to December 31 of each year and shall contain all of the information set forth in Subsection B.
F.
Enlargement of storage facility. No licensee shall
be permitted to enlarge the storage facility or otherwise change the
facility without first securing the approval therefor from the Construction
Official and payment of the additional license fee.
G.
Fees. There shall be charged and collected for the
license an annual fee of $0.10 per cubic foot of storage space. The
fee shall be payable in advance each year.
H.
Additional information. The Construction Official
may require any applicant for a license and any licensee to supply
additional information concerning the applicant for the proposed storage
facility or the licensee to assure compliance with all of the provisions
of this chapter.
I.
Contents of license. Each license issued hereunder
shall state upon its face the following:
(1)
The name of the licensee and the name, if applicable,
of the business under which the premises is conducted.
(2)
The address of the premises.
(3)
The amount of the license fee.
(4)
The date of issuance and expiration thereof.
(5)
Such other information as the Construction Official
shall determine.
A.
Every licensee under this chapter shall:
(1)
Permit all reasonable inspections of his business
and storage facilities by the Construction Official or his designee.
(2)
Ascertain and at all times comply with all laws and
regulations applicable to said storage facilities, including but not
limited to the Uniform Construction Code Act, the Uniform Fire Safety
Act and state and local zoning laws.[1]
(3)
Avoid all forbidden, improper or unnecessary practices
or conditions which do or may affect the public health, morals or
welfare.
(4)
Refrain from using the licensed storage facility after
expiration of his license and during the period his license is revoked
or suspended.
B.
Display of license. Every licensee under this chapter
shall post and maintain such license upon the licensed premises in
a place where it may be seen at all times.
C.
Transfer of license. A licensee hereunder shall not
have the right to transfer his license to another person. Any such
transfer shall be unlawful, null, void and of no effect.
A.
Inspections. The Construction Official shall have
the power to appoint any person to conduct inspections of storage
facilities licensed under this chapter.
B.
Authority of inspectors. All persons authorized herein
to inspect licensees shall have the authority to enter, at all reasonable
times, the following premises:
C.
Reports by inspectors. Persons inspecting licensees,
their businesses or premises as herein authorized shall report all
violations of this chapter to the Construction Official and shall
submit such other reports as the Construction Official shall order.
D.
Provisional order. When an inspector has reported
the violation of this chapter, the Construction Official shall issue
to the affected person a provisional order to comply.
(1)
Nature of notice. The provisional order, and all other
notices issued in compliance with this chapter, shall be in writing,
shall be personally served and shall apprise the person affected of
his specific violations. In the absence of the person affected or
his agent or employee, a copy of such notice shall be affixed to the
storage facility on the premises. Depositing such notice in the United
States Mail shall constitute service thereof.
(2)
Period for compliance. The provisional order shall
require compliance within three days of personal service of the affected
person.
(3)
Hearing. Upon written application by the person affected
before the expiration of the three-day period for compliance, the
Construction Official shall order a hearing. Notice of such hearing
shall be given to the affected person in the manner described herein.
At such hearing, the person affected shall introduce evidence demonstrating
that the order for compliance is either being complied with or is
in error.
E.
Modifying authority of Construction Official. Upon
written application or on his own motion, the Construction Official
shall have the authority, in a proper case, to extend the time for
compliance, to grant a new hearing date and to change, modify or rescind
any recommendation or order.
F.
Final order. Upon the failure or refusal of the violator
to comply with the provisional order or with any order made out to
hearing, the Construction Official shall then declare and make the
provisional order final.
(1)
Authority of Construction Official. The Construction
Official shall have the authority to suspend or revoke licenses upon
making and declaring a provisional order final.
(2)
Effect of revocation or suspension. Upon revocation
or suspension, no refund of any portion of the license fee shall be
made to the licensee, and he shall immediately cease using the storage
facility subject to such license. He shall, furthermore, immediately
remove such storage facility from his premises.
G.
Summary action. When the conduct of any licensee,
agent or employee is so detrimental to the public health, safety and
general welfare as to constitute a nuisance and thus give rise to
an emergency, the Construction Official shall have the authority to
summarily order the cessation of use of the storage facility or suspend
or revoke the license.
(1)
Special hearing. Unless waived in writing, within
five days after he has acted summarily, the Construction Official
shall conduct a special hearing for such action in respect to the
summary order as may be therein determined. Notice of such hearing
shall be given to the affected person in the manner described herein.
H.
Right of appeal. Any person aggrieved by any decision
of the Construction Official at the hearing shall have the right to
appeal to the Borough Council by filing a written appeal within five
days following the effective date of the action or decision complained
of.
(1)
Contents of appeal. Such appeal shall set out a copy
of the order or decision appealed from and shall include a statement
of the facts relied upon to avoid such order.
(2)
Notification of Construction Official. At the time
of filing any such appeal, a copy thereof shall be filed by the appellant
with the Construction Official.
(3)
Hearing. The Borough Council shall fix a time and
place for hearing the appeal and shall personally serve a written
notice, as provided herein, upon the appellant informing him thereof.
The Borough Council shall also give such notice to the Construction
Official, and such official shall be entitled to appear and defend
such order.
(4)
Final decision. The findings of the Borough Council
shall be final and conclusive and shall be personally served upon
the appellant as required herein.
I.
Liability of violator.
(1)
The amount of any unpaid fee, the payment of which
is required hereunder, shall constitute a debt due the Borough.
(2)
The Borough Solicitor shall, at the direction of the
Construction Official, institute civil suit in the name of the Borough
to recover any such unpaid fee. The violator shall be liable to the
Council for all costs, including attorney fees and interest, incurred
to recover any such unpaid fee.
J.
Criminal prosecution. No civil judgment or any act
by the Borough Solicitor, the Construction Official or the violator
shall bar or prevent a criminal prosecution for each and every violation
of this chapter.