[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.
[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:
ABANDON To desert, ignore, and fail to maintain a property in a safe, habitable condition.
ACCUMULATION The gathering together and increasing in amount over a period of time.
ASHES The residue from the burning of wood, coal or other combustible materials.
ATTRACTIVE NUISANCE A potentially harmful object on, or condition of the land that, by its features, tends to lure children or others.
BUILDING As defined in the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.
BUILDING CODE The New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.
COMMERCIAL ACTIVITY 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.
CONTRACTOR A person engaged in any business or service, including construction, repairing, refurbishing, remodeling or the demolition of buildings or grounds within the Township.
DEVELOPED PROPERTY Any real property upon which a structure has been erected or other improvements have been made.
DWELLING 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.
ENFORCING OFFICIALS 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.
EXTERIOR PROPERTY 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.
EXTERMINATION 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.
GOOD REPAIR 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.
HAZARDOUS MATERIALS Wastes presenting a danger to health and safety by reason of their pathological, explosive, radiological or toxic characteristics.
INFESTATION 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.
INSECTS Those insects that have public health significance for disease transmission, property damage or which can present a nuisance.
NOISE Defined by statute, administrative regulations and as defined in Township ordinances.
NONRESIDENTIAL USER Any type of commercial, industrial or similar activity, whether or not operating for a profit, within the Township.
NOXIOUS WEEDS 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.
OCCUPANT 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.
OWNER 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.
PERSON Means and includes an individual, firm, corporation, association, society, partnership, and their agents or employees.
PREMISES A house or buildings, together with its land and outbuildings.
PUBLIC HEALTH CONCERN 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.
PUBLIC RESTROOM A room equipped with toilet facilities intended for public use in all public facilities and in commercial establishments.
RESIDENT Any person occupying or maintaining a place of residence within the Township.
RESIDENTIAL USE A dwelling unit, such as a home, condominium, trailer or a multifamily dwelling of two or more units.
RODENTS Those rodents that have public health significance for disease transmission and/or property damage.
SOLID WASTE 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.
TOWNSHIP The Township of Burlington, County of Burlington and State of New Jersey.
USABLE MATERIALS 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.
WATER DRAINAGE AND ACCUMULATION 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.
WEEDS 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.
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.). Penalties may be imposed in accordance with the general penalty provisions set forth in §§
1-19 and
1-20.