[Adopted 3-8-2007 by Ord. No. 2007-5]
That a certain document, three copies of which are on file in the office of the Clerk of the Borough of Chesilhurst, being marked and designated as the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Chesilhurst, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permit and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Chesilhurst are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 358-15 of this article.
The following sections are hereby revised:
A. 
Section 111 of said code is specifically excluded and not adopted by this article.
B. 
Section 101.1. Insert: Borough of Chesilhurst.
C. 
Section 103.5. Insert: Cost of equipment + labor + administrative costs (10%) = fees for required services (lien against property).
D. 
Section 302.4. Insert: Six inches.
E. 
Section 302.10. Insert:
Section 302.10. Trimming of brush near roadway intersections required. Whenever it shall be necessary and expedient for the preservation of the public health, safety, or general welfare, the owner or tenant of lands lying within the Borough of Chesilhurst shall be required, within 10 days after written notice, to keep all brush, hedges and other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet.
F. 
Section 304:14 of said code is specifically excluded and not adopted by this article.
G. 
Section 602.3. Insert: October 1 to April 30.
H. 
Section 602.4. Insert: October 1 to April 30.
All other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Nothing in this article 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 causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 258-16 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
The Borough Clerk is hereby ordered and directed to cause this article to be published as required by law.
No person shall rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not conform to the provisions of the International Property Maintenance Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
A. 
No person shall occupy a dwelling or dwelling unit as a residential tenant or lessee, unless the owner or the owner's agent shall have first obtained a certificate of occupancy issued by the Administrative Office of Code Enforcement for the specific dwelling or dwelling unit. The owner or owner's agent shall apply to the Administrative Office of Code Enforcement for such certificate of occupancy, which shall be issued by said office inspector upon compliance by the owner with the applicable provisions of this article and any rules and regulations adopted pursuant thereto. No such certificate shall be transferable. Such certificate shall include the address of the dwelling or dwelling unit, the name of the owner an the name of the person occupying the dwelling or dwelling unit.
B. 
Every owner or owner's agent applying for a certificate of occupancy shall supply such information as the Administrative Office of Code Enforcement requires and shall pay a fee for the inspections that may be required until the dwelling or dwelling unit qualifies for the issuance of a certificate of occupancy by complying with the applicable provisions of this article and any rules and regulations adopted pursuant thereto.
(1) 
The fee for the initial inspection is $30 per dwelling unit.
(2) 
There is no fee for the first reinspection.
(3) 
The fee for the second reinspection is $15 per dwelling unit.
(4) 
The fee for the third reinspection is $30 per dwelling unit.
(5) 
The fee for the fourth or subsequent inspection is $50 per dwelling unit.
C. 
No person shall occupy any business or commercial unit as a tenant or lessee, unless the owner or the owner's agent shall have first obtained a certificate of occupancy issued by the Administrative Office of Code Enforcement for the specific unit. The owner or owner's agent shall apply to the Administrative Office of Code Enforcement for a commercial certificate of occupancy, which shall be issued by said office inspector upon compliance by the owner with the applicable provisions of this article and any rules and regulations adopted pursuant thereto. No such certificate shall be transferable. Such certificate shall include the address of the commercial unit, the name of the owner and the name of the person occupying the unit.
D. 
Every owner or owner's agent applying for a commercial certificate of occupancy shall supply such information as the Administrative Office of Code Enforcement requires and shall pay a fee of $50 per commercial unit for the inspections that may be required until the unit qualifies for the issuance of a commercial certificate of occupancy by complying with the applicable provisions of this article and any rules and regulations adopted pursuant thereto.
[Amended 6-7-2012 by Ord. No. 2012-5]
A. 
Any person, firm, corporation or group cited for a violation of a provision of this article may plead guilty by affidavit through the Borough of Chesilhurst Municipal Court and pay a fine of $50 as noted on the summons. This option is only permitted for a first offense. The offending party may also appear in Municipal Court and plead not guilty to the citation and be heard by the Court.
B. 
Any person, firm, corporation or group who or which shall violate any of the provisions of this article shall, upon conviction, be punished by one or more of the following.
(1) 
A fine of not less than $50 nor more than $1,000 for each violation of any provision of this article and for each day on which same is violated.
[Amended 10-13-2016 by Ord. No. 2016-6]
(2) 
Imprisonment in the county jail for a period not to exceed 90 days.
(3) 
A period of community service not to exceed 90 days.
C. 
Once a summons and complaint for said violation has been issued by a Borough official by service of regular mail to the owner's last known address, this summons and complaint shall be deemed to include a notice of a violation on that date and notice of a violation of each day thereafter until the violation has been completely remedied. Each violation of any provision of this article and each day on which the same is violated shall be deemed and taken to be a separate and distinct offense, and for each such separate and distinct offense a penalty shall be imposed in accordance with the previous subsection.
A. 
Unlawful acts. It shall be unlawful for an owner of property situated within the Borough to fail to comply with the Property Maintenance Code of the Borough.
B. 
Response to notice of violation. Unless otherwise noted within this article, the owner of the premises, upon receipt of the notice of violation, has 10 business days to correct for vegetation and landscaping and 30 days to correct for other violations unless otherwise noted in the notice to correct the violation.
C. 
Corrective measures.
(1) 
In the event that an owner fails to correct the violation(s) to the satisfaction of the Office of Code Enforcement for the Borough of Chesilhurst, the Borough may otherwise respond in the manner set forth in this article after notice has been provided, and the Borough may correct or cause the violation(s) to be corrected at the owner's expense.
(2) 
In the event that the Borough is required to act in accordance with Subsection C(1), the Office of Code Enforcement for the Borough may correct or cause the violation(s) to be corrected at the owner's expense.
D. 
Lien on property. Upon the passage of the resolution by the Borough Council as set forth in accordance with Subsection C above, the assessment so charged for required correction or abatement shall become a lien on the property and shall be added to and become a part of the taxes next to be assessed and levied upon the property, the same to bear interest at the same rate as allowed for unpaid taxes, and shall be collected and enforced by the same officers and in the same manner as unpaid taxes.