Township of Lower, NJ: Sections revised.

[Amended by Ord. No. 99-10]

A certain document, three copies of which are on file in the office of the Township Clerk of the Township of Lower, being marked and designated as "The International Property Maintenance Code, First Edition, 1998," as published by the Building Officials and Code Administrators International, Inc., the International Conference of Building Officials, and the Southern Building Code Congress International, Inc., and as revised by the Township Council of the Township of Lower, shall be and is hereby adopted as the Property Maintenance Code of the Township of Lower, County of Cape May, State of New Jersey (hereinafter referred to as the "Lower Township Property Maintenance Code"); for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Lower Township Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this article.

§ 500-2 Sections revised.

The following sections of the International Property Maintenance Code, First Edition, 1998, are hereby revised as follows and set forth on the copies which are on file with the Township Clerk:

(1)

Section 101.1. "Township of Lower" is inserted as the name of the jurisdiction.

(2)

Section 101.2. The following language is added at the beginning of the first sentence: "Except as otherwise set forth in Chapter 4 below,..."

(3)

Section 103.2 is revised to read as follows:

The Code Official shall be appointed by the chief appointing authority of the jurisdiction. In accordance with the prescribed procedures of this jurisdiction, the appointing authority shall have the authority to appoint a Deputy Code Official, other related technical officers, inspectors and other employees.

(4)

Section 103.6 is deleted.

(5)

Section 104.2. The words "to adopt and promulgate rules and procedures" are deleted.

(6)

Section 106.5. The following sentence is inserted at the end: "Furthermore, if permitted by state statute, the notice may provide that the code official will abate the violation if not done so by the property owner or occupant within the time provided by state statute, and shall certify the cost thereof to the Township Council, which shall then examine the certificate and, if found correct, shall cause the cost thereof to be charged as a lien against such buildings, structures or premises. An administrative lien fee in the amount of $500 shall be imposed in conjunction with the creation of a lien."

[Amended 10-4-2010 by Ord. No. 2010-10]

(7)

Section 107.2 is hereby amended as follows:

	100.1	Form. Such notice prescribed in Section 107.1 shall:
	1.	Be in writing;
	2.	Include a description of the real estate sufficient for identification;
	3.	Include a statement of the violation or violations and why the notice is being issued;
	4.	Include a correction order allowing 72 hours (in connection with violations whereby solid waste is in such a manner that it is accessible and likely to be strewn about by animals) and 10 days (for all other violations) to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;
	5.	That the notice shall remain valid for 60 days from the date of service such that, in the event a violation is corrected and the same or substantially similar violation then recurs within said 60 days, no additional notice shall be required for prosecution of said violation; and
	6.	If required by state statute, inform the property owner of the right to appeal.

(8)

Section 107.3. The words "first class" are deleted from Subsection 2; the following language is added at the end of Subsection 3: "...and, if required by state statute, filed with the county recording office and advertised with the Township's official newspaper."

(9)

Section 107.5 shall read as follows:

107.5. Continued Validity of Notice. Each notice issued pursuant to this Section 107 shall remain valid for a period of 60 days from the date of service. In the event that any violation for which a notice is served is corrected and the same or substantially similar violation then recurs within said 60 days, no additional notice shall be required for prosecution of said violation.

(9.1)

Section 107.6 shall read as follows:

[Added 7-1-2013 by Ord. No. 2013-15]

107.6. Notices and Orders. No prior notice is required for violations of Chapter 3 of the Property Maintenance Code. All property owners in the Township of Lower are deemed to be on notice that it is their responsibility and duty to monitor and keep their properties in compliance with this article. Therefore, no prior notice of violations need be given by the Code Enforcement Officer prior to issuing a summons for any violations thereof.

(10)

Section 111. The words "board of appeals" are replaced with the "Township Manager or such other Township official required by state statute."

(11)

Section 111.1. The words "If required by State statute" are added at the beginning of the first sentence.

(12)

Section 111.2 is deleted.

(13)

Section 111.3 is revised to read as follows:

The Township Manager or such other Township official as required by state statute shall set the date and time of the hearing, which shall be not sooner than 10 days and not later than 30 days from the filing of the appeal.

(14)

Section 111.4. The last sentence and all of subsection 111.4.1 are deleted.

(15)

Section 111.5 is deleted.

(16)

Section 111.6 is replaced with the following: "After hearing all of the evidence, the Township Manager or such other Township official required by state statute shall decide whether to uphold or reverse the Code Official."

(17)

Section 111.7. The words "If required by state statute" are added at the beginning of the first sentence.

(18)

Section 202 is hereby amended by adding the following as a definition of solid waste:

Solid Waste: Any garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and all other waste and materials, including liquids.

(19)

Section 302.2. The words "thereon, or" are deleted.

(19.1)

Section 302.4 shall read as follows:

[Added 7-1-2013 by Ord. No. 2013-13]

302.4. Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 millimeters). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens so long as said cultivated growth does not encroach, trespass or interfere with an adjoining property.

(20)

Section 302.9. The following language is added at the end of the last sentence: "....unless otherwise set forth in a court order."

(21)

Section 303.2. Everything after the first sentence is deleted.

(22)

Section 303.7. The words "and free from obstructions" are deleted from the third sentence.

(23)

Section 303.8 is deleted.

(24)

Section 303.9. The second sentence is deleted.

(25)

Section 303.12. The second sentence is deleted.

(26)

Section 303.14. Subsections 303.14.1 and 303.14.2 are deleted.

(27)

Section 303.15 is deleted.

(28)

Section 304.3. The second sentence is deleted.

(29)

Section 402.1 is deleted.

(30)

Section 404.8. A new section is added to read as follows:

Existing structures. The provisions of this Chapter 4 shall not apply to existing structures unless improvements with a value of at least 25% of the then-assessed value of the structure are undertaken.

(31)

Section 602.3. "October 1" is inserted as the first date and "April 30" is inserted as the second date.

(32)

Section 602.4. "October 1" is inserted as the first date and "April 30" is inserted as the second date.

(33)

Chapter 7 is deleted.

(34)

Chapter 8. Insert "BOCA National Building Code" and "BOCA National Fire Prevention Code." Delete "International Zoning Code." Change "ICC International Plumbing Code" to "National Plumbing Code" and change "ICC International Mechanical Code" to "BOCA Mechanical Code."

[Amended by Ord. No. 99-10; Ord. No. 2001-05]

§ 500-3 Violations and penalties.

[Amended by Ord. No. 99-10]

The penalties for each offense shall be as follows:

First offense: a fine of not more than $300;

Second offense: a fine of not more than $500;

Third offense: a fine of not more than $1,000 or imprisonment for a term of not to exceed 20 days, or both.