[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 10-20-2003 (Ch. 91, Art. II, of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 105.
Uniform construction codes — See Ch. 120.
Fire prevention — See Ch. 156.
Littering — See Ch. 206.
Certificates of occupancy — See Ch. 353.
A certain document, three copies of which are on file in the office of the Clerk of the Borough of Swedesboro, being marked and designated as the "International Property Maintenance Code, 2003 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Swedesboro 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 lot occupation and use; and the condemnation of building and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; 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 Swedesboro are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 241-2 of this chapter.
The following sections are hereby revised:
A. 
Section 101.1 Title. Section 101.1 is hereby amended by inserting the words "Borough of Swedesboro, New Jersey" for and in exchange of the words "name of jurisdiction".
B. 
Section 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a violation. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
C. 
Section 106.4 Violation and Penalties. Any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
D. 
Section PM 111.0 Means of Appeal. Section PM-111.0 is hereby deleted in its entirety.
E. 
Section PM 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. 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 and gardens.
[Added 2-6-2012 by Ord. No. 1-2012]
F. 
Section PM 304.14 Insect screens. Section 304.12 is hereby amended by inserting the words "April 1 to September 30" for and in exchange of the words "date to date."
G. 
Section PM 602.3 Heat supply. Section 602.2.1 is hereby amended by inserting the words "October 1 to April 1" for and in exchange of the words "date to date."
H. 
Section PM 602.4 Nonresidential structures. Section 602.3 is hereby amended by inserting the words "October 1 to April 1" for and in exchange of the words "date to date."
Nothing in this chapter 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 § 241-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 8-20-2012 by Ord. No. 11-2012]
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards, which include, but are not limited to, the following:
A. 
Refuse: broken glass, filth, garbage, trash, litter and debris.
B. 
Natural growth: brush, weeds, ragweeds, stumps, roots and obnoxious growths and dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
C. 
Overhangings: loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
D. 
Ground surface hazards or unsanitary conditions: holes, broken or missing pavement, loose stone, excavations, breaks, projections, obstructions, ice, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps shall be repaired, and other conditions shall be removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. It shall be the responsibility of owners and operators to take reasonable steps to discover any such hazards or unsanitary conditions which may exist on their premises.
E. 
Recurring accumulations or stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
F. 
Sources of infestation.
[Added 8-20-2012 by Ord. No. 11-2012]
Premises shall be kept landscaped, and lawns, hedges and bushes shall be kept trimmed and kept from becoming overgrown. Plantings required by site plan approval shall be replaced when the same have died.
[Added 11-19-2012 by Ord. No. 13-2012]
A. 
The Borough Clerk, Code Enforcement Officers or Public Works officials shall have the power to require the owner or tenant of land lying within the limits of the Borough, where 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 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 Code Enforcement Officer, Public Works official or individual/company specifically appointed by the Borough, if the owner or tenant shall have refused or neglected to remove same after notice and within the provided aforesaid time allotted.
B. 
All procedural requirements, notices, hearing, findings and determinations shall be as enumerated in Subsections 107 through 107.5 in the International Property Maintenance Code of 2003 as followed in Chapter 241 of this Code.
C. 
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 and under the direction of the Public Code Officer or the individual specifically designated to perform such functions, shall certify the costs thereof to the Clerk/CFO/Tax Collector who shall examine the certificate and, if found correct, shall cause the costs as shown thereon to be charges 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 Borough.