[HISTORY: Adopted by the Township Council
of the Township of Burlington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-23-1990 (Sec. 5:8 of the 1975 General Ordinances)]
No person, firm, corporation, partnership or
individual, whether he is a tenant or property owner, shall allow
a condition to exist on real property owned or leased by him within
the Township of Burlington which is in violation of the ordinances
of the Township of Burlington, laws of the State of New Jersey, laws
of the United States of America, and any regulations promulgated thereunder,
and/or allow any condition to exist on the property which constitutes
a nuisance which adversely affects the public health, safety and welfare
of the Township of Burlington and its inhabitants.
The enforcement official charged with the duty
of enforcing the provisions of this article shall be the Director
of the Department of Licensing and Inspections, or his designee, for
the Township of Burlington.
In determining whether a condition exists upon property within the Township of Burlington which is prohibited under the provisions of this article, the enforcement official shall, in addition to the conditions listed in § 366-1, consider the general size of the property, its relationship to surrounding residential, industrial and commercial entities, and the probability that the conditions on the property constitute a nuisance which would affect the pubic health, safety and welfare of the Township of Burlington and its inhabitants.
It shall be the duty of the enforcement official referred to in § 366-2 above to investigate all conditions that are brought to its attention or of which they have knowledge which may be prohibited under the provisions of § 366-1 above. For this purpose, the enforcement official shall have the authority to enter upon the property and premises for the purpose of making such investigations, provided that such entries shall be in such a manner as to cause the least possible inconvenience to the persons in possession.
If after the investigation referred to in § 366-4 above the enforcement official shall believe that the conditions prohibited in § 366-1 above exist upon properties within the Township of Burlington, said enforcement official shall cause notice to be served upon the record owner of said premises that it is believed that conditions prohibited under § 366-1 exist upon lands and properties owned by the person so served. The notice shall specify the nature of the conditions deemed to be in violation of this article, the location of the property upon which the suspected conditions exist, a statement that failure to abate the conditions or seek an appeal from the notice shall subject the property owner to the penalties elsewhere referred to in this article, and shall specify that the owner of the property shall have 10 days from the date of service to either abate the conditions referred to in the notice or request a hearing before the enforcement official to show cause why the conditions are not prohibited under the provisions of this article. In the event that said hearing is not requested or an abatement does not occur, said notice shall be deemed to constitute an order which the property owner has failed to obey.
The enforcement official shall cause a hearing to occur with the property owner within five days of the receipt of a request from the property owner. At a hearing, testimony and evidence shall be taken concerning the suspected violation of this article. Subsequent to this hearing, the enforcement official shall issue an order which may confirm, modify or rescind the requirements established and referred to in § 366-5 above. Said order may, in addition, specify additional time in which to abate the conditions complained of. Said order shall be served upon the property owner. Failure to comply with the order so issued shall constitute a violation of this article.
In the event the property owner fails to comply
with the order from the enforcement official as set forth above, Township
Council shall cause the question of said order to be placed upon its
agenda at a regularly scheduled public meeting, at which time it shall
adopt a resolution to confirm, modify or rescind the order issued
by the enforcement official. In the event that the property owner
shall fail to abate the condition complained of, he shall be subject
to a violation of this article.
A.Â
Penalties. In the event that any person, firm, corporation,
partnership or individual shall violate the provisions of this article,
he shall be subject to a fine not exceeding $2,000, imprisonment for
a term not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof, for each day that a
violation of this article shall be deemed to continue.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
B.Â
Abatement. In the event that any person, firm, corporation,
partnership or individual shall fail to abate the conditions complained
of in any order or notice which has the effect of an order and/or
the resolution adopted by Township Council, the Township Council shall
have the right to cause the condition complained of to be abated.
All costs incurred in the abatement of said conditions shall be certified
by the person or individual causing the abatement to the Tax Collector
of the Township of Burlington and the costs forthwith become a lien
upon such land and shall be added and become part of the taxes next
to be assessed and levied upon such lands and premises, the same to
bear interest at the same rate as other taxes and shall be collected
and enforced by the same officers in the same manner as taxes.
C.Â
Additional powers. Nothing herein contained shall
be deemed to limit, modify or abrogate any right, either in law or
in equity, which the Township of Burlington shall have in order to
correct the conditions complained of or prohibited in this article.
[Adopted 6-22-2010 by Ord. No. 10-OR-012]
The purpose of this article is to protect and promote the public
health through the control, abatement and prevention of nuisances
which may present a public health concern. Alleged infractions of
the provisions and standards set forth herein will be investigated
by an appropriate enforcing official. Wherever there is a question
as to the significance of an alleged infraction or the factual existence
of an alleged infraction, the existence of a violation will be based
upon the prudent judgment of the enforcing official.
As used in this article, the following terms shall have the
meanings indicated:
To desert, ignore, and fail to maintain a property in a safe,
habitable condition.
The gathering together and increasing in amount over a period
of time.
The residue from the burning of wood, coal or other combustible
materials.
A potentially harmful object on, or condition of the land
that, by its features, tends to lure children or others.
The County Board of Health.
As defined in the New Jersey Uniform Construction Code, N.J.A.C.
5:23-1 et seq.
The New Jersey Uniform Construction Code, N.J.A.C. 5:23-1
et seq.
Any activity which is not a residential use or activity and
includes, but is not limited to, gasoline stations, retail sales,
professional activities including but not limited to medical, dental,
legal, architectural, accounting, engineering and the like; personal
services including real estate, insurance, barbershops, hairdressers,
nail salons, and the like; nurseries, landscaping businesses, farm
stands, repair shops of all kinds, and amusements including, but not
limited to, movies, skating rinks, bowling alleys, and the like, regardless
of location, and any other nonresidential use or activity.
Any real property on which a commercial activity of any kind
is conducted.
A person engaged in any business or service, including construction,
repairing, refurbishing, remodeling or the demolition of buildings
or grounds within the Township.
Any real property upon which a structure has been erected
or other improvements have been made.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as may be the
case.
Means and includes the Director of the Department of Licensing
and Inspection, health inspector, registered environmental health
specialist, animal control officer, zoning officer, construction official,
fire official, police or other official authorized by the Township
Council to enforce this section and including employees and officials
of the County of Burlington providing enforcement pursuant to a shared
services or similar agreement between the Township and the County
of Burlington.
Any space located between property boundary lines of the
tax lot in question or the boundaries of any contiguous tax lots and
any structure on the property.
The control and elimination of insects, mice, rats and other
pests by removing or otherwise destroying their harborage places;
by removing or making inaccessible materials that serve as their food;
by poison spraying, fumigating, and trapping or by any other approved
pest elimination methods.
The structure is maintained in such a manner that there is
no evidence of deterioration, or damaged or loose elements, and where
appropriate, is capable of preventing the elements (rain, snow, wind)
and rodents from entering the interior areas.
Wastes presenting a danger to health and safety by reason
of their pathological, explosive, radiological or toxic characteristics.
The presence, within or contiguous to a structure or premises,
of insects, mice, rats, vermin or other pests in quantities large
enough to constitute a health threat.
Those insects that have public health significance for disease
transmission, property damage or which can present a nuisance.
Defined by statute, administrative regulations and as defined
in Township ordinances.
Any type of commercial, industrial or similar activity, whether
or not operating for a profit, within the Township.
Any plant designated by a federal, state or county government
as injurious to public health, agriculture, recreation, wildlife or
property. A noxious weed may be native or nonnative, invasive or noninvasive
and may also be commonly defined as a plant that grows out of place
and is competitive, persistent, and pernicious. Examples include but
are not limited to ragweed, poison ivy or oak, thistle, and multiflora
rose.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations Governing
Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New Jersey State
Housing Code, N.J.A.C. 5:28-1 et seq., as may be the case.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations Governing
Rooming and Boarding Houses, N.J.A.C. 5:27-1, et seq.; New Jersey
State Housing Code, N.J.A.C. 5:28-1 et seq.; New Jersey Uniform Fire
Code, N.J.A.C. 5:70 et seq., as may be the case.
Means and includes an individual, firm, corporation, association,
society, partnership, and their agents or employees.
A house or buildings, together with its land and outbuildings.
Any matters, conditions or things that cause worry, solicitude,
or anxiety for the health, safety and welfare of the public due to
their dangerous or unsanitary nature.
A room equipped with toilet facilities intended for public
use in all public facilities and in commercial establishments.
Any person occupying or maintaining a place of residence
within the Township.
A dwelling unit, such as a home, condominium, trailer or
a multifamily dwelling of two or more units.
Those rodents that have public health significance for disease
transmission and/or property damage.
Any trash, garbage, junk, rubbish, refuse, litter, debris
and other materials that when dumped, deposited, accumulated or abandoned
create, or have the potential of creating, a condition or conditions
which may threaten the public health. This term shall include any
animal or vegetable waste solids resulting from the handling, preparation,
cooking or consumption of foods; discarded materials, including but
not limited to, glass, wood, yard debris, grass/brush clippings, stone,
concrete, plastic, ashes, cloth, rags, paper, metal, tires, street
cleanings, dead animals, manure, appliances, furniture, equipment,
automobiles, solid market wastes, construction materials, industrial
wastes, chemical wastes, recyclable materials and containers, and
all discarded appliances.
The Township of Burlington, County of Burlington and State
of New Jersey.
Properly stored nonperishable materials intended for new
construction, or other items intended to be used within 30 days, which
are stored above ground and maintained in such a matter that they
do not provide a habitat for insects or rodents.
The runoff, discharge or drainage of water from any premises
or building which results in the accumulation of stagnant water other
than water retention areas and/or reservoirs approved by the Township
Engineer.
The growth, existence or presence of any noxious weeds of
any height or the growth, existence or presence of any other weeds
or plant growth in excess of 10 inches. Weeds shall be defined as
all grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not include cultivated flowers,
landscaped areas and gardens.
A.Â
Any of the following matters, which after investigation by an enforcing
official is deemed to be injurious, detrimental or a menace to the
public health or environment, or is deemed to be an annoyance, or
threatens to interfere with the comfort or well-being of the inhabitants
of the Township, is hereby declared to be a prohibited nuisance:
(1)Â
A condition or discharge, or release, which causes or threatens pollution
of any surface water or subsurface water of the Township.
(2)Â
The escape or entrance into open air/outdoor environment from any
stack, vent, chimney, process or from any fire of such quantities
and duration of smoke, fly ash, dust, fumes, vapors, mists, or gases
that tend to be injurious to human health or welfare, animal or plant
life or property, or would unreasonably interfere with the enjoyment
of life or property throughout the Township.
(3)Â
The growth, existence or presence of poison ivy in such quantity
so as to cause damage or injury to adjacent properties or to be a
public health concern. This shall not apply to any wooded public property.
(4)Â
The presence on any plot of land, highway, street, right-of-way or
any other public or private place of any solid waste. Composting shall
not fall within the meaning of this subsection if the compost pile,
mound or area is properly maintained on private property so as not
to present offensive odors, the breeding or harborage of flies or
other insects, rodents, vermin or any other public health nuisance.
(5)Â
The accumulation and maintenance by depositing, dumping or otherwise
of any matter or thing which serves as food for insects or rodents
and to which they may have access, or which serves or constitutes
a breeding place or harborage for insects, rodents or pigeons, thereby
creating a public health nuisance.
(6)Â
The existence or presence of any water or other liquid in which mosquito
eggs, larvae or pupae exist or of any condition which allows water
to lie, pond, stand or otherwise accumulate so as to provide a breeding
environment for mosquitoes. This section shall not apply to fountains
or swimming pools which maintain adequate circulation or to natural
lakes, ponds, streams, and detention or retention basins.
(7)Â
The keeping of any animal or animals in such a manner as to cause
or present a source of foulness, odors or breeding of insects, rodents
or other vermin.
(8)Â
The existence or maintenance of any condition which may reasonably
constitute a safety hazard, an attractive nuisance or otherwise present
a threat to the safety and well-being of any person, such as:
(a)Â
Any vacant building which is not adequately secured so as to
preclude unlawful entry.
(b)Â
Any excavation, depression, hole, shaft, abandoned or unused
well, which is of such depth or dimension so as to present a hazard
to any person as a result of a lack of, or inadequate, fencing or
sealing.
(c)Â
Any improperly secured discarded refrigerator, cabinet, automobile
or other piece of equipment or machinery which may present a hazardous
attraction to children or others.
(9)Â
The willful abandonment of any domestic animal within the boundaries
of the Township.
(10)Â
Accumulation and storage of solid waste for 14 or more days
on any private or commercial property without the approval of the
Director of Public Works.
(11)Â
Providing shelter and/or feeding feral cats or wildlife on any
public or private property.
(12)Â
Permitting sewage to flow onto any private or public property.
B.Â
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance.
A.Â
All premises and property, both developed and undeveloped, shall
be subject to inspection by an enforcing official if that official
has reasonable cause to believe that there exists a violation of this
article.
B.Â
It shall be unlawful for any person to hinder, obstruct, delay, resist
or prevent an enforcing official, upon presentation of proper identification,
from gaining access to any property or premises upon which a violation
is suspected. In the event that entry to any property or premises
is denied by any owner or tenant, the enforcing official shall obtain
an appropriate warrant for entry through the municipal court.
A.Â
Notice of violation.
(1)Â
Whenever a nuisance is determined by an enforcing official to exist,
a notice of violation, when possible, shall be personally given to
the owner, in writing, to remove or abate the same within such time
as shall be specified therein, but no less than five days from the
date of service. Notice to the owner shall be deemed complete as of
the date it is served personally on the property owner. When personal
service is not possible, notice to the owner, of the violation and
the time to abate, shall be deemed complete three days after the date
of the violation notice, if served by regular first class mail, or
posted at or on the subject premises.
(2)Â
If the owner resides out of state, and no other person has been designated
by the owner to accept service of notice, such notice shall be left
at the premises with the tenant or occupant or posted on the premises,
and mailed to the owner, and such action shall be considered proper
notification to owner, tenant and/or occupant. Notice to the owner,
tenant or occupant, of the violation and the time to abate, shall
be deemed complete as of the date of the violation notice, if served
personally on the tenant or occupant. Notice, of the violation and
the time to abate, shall be deemed complete three days after the date
on the violation notice, if served by regular first class mail, or
posted at or on the subject premises.
B.Â
The cost of abatement shall be borne by the property owner.
C.Â
If any person fails to comply with such notice within the time specified
therein, the enforcing official may remove, abate or cause the cleanup
of the nuisance.
Whenever the owner, tenant or occupant has failed to comply
with the notice to abate the nuisance, and the nuisance has been abated
or removed under the direction of the enforcing official, any cost
or expense incurred for abating or removing the nuisance or condition
may be recovered by appropriate judicial action, or upon certification
of the actual costs, the tax collector may impose a lien against the
property. Regardless of how costs are actually recovered, they shall
be in addition to, and shall not affect the imposition of, any penalties.
The provisions of this article shall be enforced by the enforcing
officials in the municipal court and all proceedings shall be summary
and in accordance with the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.[1]). Penalties may be imposed in accordance with the general penalty provisions set forth in §§ 1-19 and 1-20.
[1]
Editor's Note: See now N.J.S.A. 2A:58-10 et seq.
