Township of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
The Township Administrator is hereby designated to supervise and direct all inspections, regulations and enforcement of the provisions of this chapter unless expressly stated to the contrary. Other public officials or employees of the Township may be designated by ordinance or the Township Administrator to perform duties as may be necessary to the enforcement of this chapter, including the making of inspections.
Enforcement officials and officers shall be supplied with official identification and, upon request, shall exhibit such identification.
[Amended 10-18-2006 by Ord. No. 20-2006; 11-7-2012 by Ord. No. 15-2012]
Where a violation of this chapter or the regulations hereunder is found to exist, the enforcing official shall serve on the person or persons responsible for the correction of this violation a written notice of violation, which shall be prepared and served as set forth below, and which shall provide a time for the correction of such violation, and shall warn that the failure to abate the violation within such time may result in the issuance of a summons.
[Amended 10-18-2006 by Ord. No. 20-2006; 11-7-2012 by Ord. No. 15-2012]
The violation notice shall specify the violation or violations committed, what must be done to correct same and a reasonable period of time, depending on the nature of the violation to be corrected, to correct or abate the violation. This period of time is not to exceed 10 days except to correct or abate a violation of a capital improvement. The time period shall commence from the date of receipt of this notice. The notice shall also advise the recipient that if the violation is not corrected or abated, the municipality will pursue remedies in municipal court and that any fines assessed shall become a lien on the subject property if unpaid within 30 days of the fine assessment. The notice will also advise the resident of any funding or programs that may help in the abatement of the violation or violations. The notice shall also advise the recipient of the office hours and phone number where the appropriate enforcement official can be reached to discuss the violation or violations. The Code Enforcement Official will maintain a file of violation notices for public inspection that includes the follow-up and outcome of each violation notice issued.
[Amended 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006]
Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served, or as otherwise designated by the owner/occupant by written request to the Code Enforcement Officer. In cases where the premises are occupied, notice may be accomplished by posting upon the front door of the structure. Where it is ascertained 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 mortagee, if there is one, and by posting the notice on the front door of the premises and printing the notice in the legal advertising media 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 a member of the family over 14 years old of the owner, operator or occupant. Date of service of notice shall be determined, where service is by mail, as of the day following the day of mailing for notices to addresses within the Township, and as of the third day after the day of mailing for notices to addresses outside the Township. 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.
[Amended 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006; 11-7-2012 by Ord. No. 15-2012]
The Township Administrator or his designee may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice. Requests for extensions shall be given in writing by the property owner stating the date by which the violations contained in the notice shall be abated.
[Amended 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006]
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 Construction Official may 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 Construction Official shall immediately refer the matter to the Municipal Court.
Where there exists a violation of this chapter 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 cause 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 court and is prosecuted expeditiously and in good faith.
[Amended 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006]
A. 
Notwithstanding the requirements of §§ 145-30 through 145-32, violations of § 145-11D may be prosecuted without notice by filing of a complaint by the enforcing officer in the Municipal Court. As to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles, as set forth in § 145-11D, such snow or ice shall be cleared within 24 hours after the termination of the inclement weather. Should such snow or ice accumulation remain uncleared within 24 hours after the termination of the inclement weather, a notice of the violation and opportunity to cure shall be issued to the property owner, which shall provide a twelve-hour period within which the violation must be cured. Should the violation not be cured within the twelve-hour period, a summons shall be issued.
[Amended 4-21-2010 by Ord. No. 4-2010]
B. 
Where the Construction Official 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 referral to Municipal Court, 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 chapter discovered on the same premises, the offender may be prosecuted on the second violation without the enforcing officer's first giving notice to the owner, operator or occupant by filing of a complaint by the enforcing officer in the Municipal Court.
For the purposes of enforcement of this chapter, 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 chapter and the other applicable ordinances of the Township of Pemberton.