§ 11-1PROPERTY MAINTENANCE CODE.
§ 11-1.2Adoption of Property Maintenance Code.
§ 11-1.3Additions, insertions and changes.
§ 11-1.4Enforcing agency.
§ 11-1.5BOCA National Property Maintenance Code/1996 adopted by reference;
copies available for the public.
§ 11-1.7Notice of violation to person responsible.
§ 11-1.9Rules and regulations.
§ 11-1.10Dwellings to meet standards.
§ 11-1.11Fines and penalties.
§ 11-1.12Saving clause.
§ 11-2REMOVAL OF BRUSH, WEEDS AND DEBRIS.
§ 11-2.1Power of Township Council.
§ 11-2.2Procedural requirements.
§ 11-2.3Costs a lien when Township removes.
The Township Council has reviewed "The BOCA National Property Maintenance Code/1996" (Fifth Edition); and the Township Council believes there is an increased need to emphasize property maintenance requirements and to adopt provisions that are determined to be of minimum standards to further the health, safety and welfare of residents in the Township of Deptford.
"The BOCA National Property Maintenance Code, Fifth Edition, 1996" as published by the Building Officials and Code Administrators International, Inc. is hereby adopted as The Property Maintenance Code of the Township for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA National Property Maintenance Code are hereby adopted and made part hereof, as if more fully set out in this section, with the additions, insertions, deletions, and changes, if any, set forth in subsection 11-1.3.
"The BOCA National Property Maintenance Code" is amended and revised in the following respects:
Section PM-100.1 (page 1, second line). Insert: Township of Deptford.
Section PM-109.2 (page 7, third line). Insert: $25 as the minimum fine amount and $1,000 as the maximum amount.
Section PM-109.2 (page 7, fourth line). Insert: 90 days as the maximum permitted period of imprisonment.
Section PM-302.12 (page 17, first line). Delete: During the period from (Date) to (Date), and change "every" to Every."
Section PM-601.1 (page 27, tenth line). Insert: October 1st. to May 1st.
Section PM-601.2 (page 27, second line). Insert: October 1st. to May 1st.
The Department of Community Development of the Township of Deptford is hereby designated as the Agency to exercise the powers prescribed by this section.
Pursuant to the provisions of the "BOCA National Property Maintenance Code, Fifth Edition, 1996" as published by the Building Officials and Code Administrators International, Inc., as approved by the Township Council, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings and other structures in this municipality are safe, sanitary and fit for human habitation and rental. Three copies of the "BOCA National Property Maintenance Code" have been placed on file in the Office of the Township Clerk and are available to all persons desiring to use or examine same.
Right of entry. The Agency is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rental units and premises and commercial structures located within the Township of Deptford in order that he/she may perform his duty of safeguarding the health and safety of the occupants of dwellings and the general public. For the purpose of making such inspections, the Agency is hereby authorized to enter, examine and survey at reasonable times all dwellings, dwelling units, rental units and premises. The owner or occupant of every dwelling, dwelling unit and rental unit, or the person in charge thereof, shall give the Agency access to such building, dwelling unit or rental unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any other lawful order issued pursuant to the provisions of this section.
Certificate of occupancy required. No owner shall permit occupancy of nor shall any person occupy or use any dwelling, dwelling unit, multiple apartment building unit, or commercial structures in the Township of Deptford without first having obtained a Certificate of Occupancy, certifying that an inspection of the premises has been made on a specified date unless the dwelling, dwelling unit, multiple dwelling unit, apartment building unit or structure complies in all respects with the requirements of this section or any other regulation or ordinance of the Township requiring the fulfilling of conditions or other specified prerequisites prior to the initial, continued or change of use or occupancy thereof.
Fees. For all those inspections conducted by the Agency in connection with the sale or rental of a single-family dwelling, including condominiums and townhouses, the fee shall be $40 per unit. For inspections, conducted in connection with rental units in an apartment complex, the fee shall be $25 per unit.
For inspection conducted in connection with a Continued Certificate of Occupancy of a commercial structure the fee shall be $100.
Whenever the Agency determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or of any rule or regulation adopted pursuant thereto, the Agency shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing, include a statement of the reasons why it is being issued, allow a reasonable time for the performance of any act it requires, and be served upon the owner or his agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally, if a copy thereof is sent by registered mail to his last known address, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Department Head, provided that such person shall file in the Department of Community Development a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Department Head shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner the Department Head may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the officer shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Department Head sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in Department of Community Development within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Department Head, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Township Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Department Head may seek relief therefrom in any court of competent jurisdiction as provided for by the laws of the State. Whenever the Department Head finds that an emergency exists which requires immediate action to protect the public health or safety, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Department Head shall be afforded a hearing as soon as possible. After such hearing, depending upon his/her finding as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Department Head shall continue such order in effect, or modify it, or revoke it.
The Department Head, with the approval of the Township Manager is hereby authorized and empowered to make and adopt such written rules and regulations as he/she may deem necessary for the proper enforcement of the provisions of this section; provided, however, that such rules and regulations shall not be in conflict with the provisions of this section, nor in any way alter, amend or supersede any of the provisions thereof. The Department Head shall file a certified copy of all rules and regulations which he/she may adopt in his office and in the office of the Township Clerk.
No person shall occupy or allow to be occupied, any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the "BOCA National Property Maintenance Code Fifth Edition, 1996" established hereby as the standard to be used in determining whether a dwelling unit is safe, sanitary and fit for human habitation.
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be subject to a fine of not more than $1,000 and/or imprisonment in the County Jail for not more than 90 days or both. Each day that a separate violation shall exist shall be construed as a separate offense.
Nothing in this section or in The Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any Court, or any rights acquired or liability incurred or any cause or costs of action that are existing under any Act or Ordinance in force at the time that the suit or proceeding was instituted.
The Township Manager shall have the power to require the owner or tenant of land lying within the limits of the Township, wherever it shall be necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove from such land or destroy the brush, weeds (including ragweed), dead and dying trees, stumps, roots obnoxious growths, filth, garbage, trash and debris within 10 days after notice to remove the same, and to provide for the removal of the same by or under the direction of the Director of the Department of Community Development or individual specifically appointed by the Township, if the owner or tenant shall have refused or neglected to remove same after notice and within the time provided aforesaid.
In all cases where brush, weeds (including ragweed), dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris are removed or destroyed from any land under the provisions of this section, by or under the direction of the Public Officer or the individual specifically designated by the Manager to perform such functions, such Director of the Department of Community Development shall certify the costs thereof to the Manager who shall examine the certificate and, if found correct, shall cause the costs as shown thereon to be charged against the lands, the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes are collected and enforced in the Township.