[Derived from Secs. 21-1 to 21-13 of the 2003 Revised General
Ordinances]
This article shall be known as the "Property Maintenance Code
of the Township of Willingboro" and may be referred to in this article
as "this code."
A.
Findings. It is hereby found and declared that there exist in the
Township of Willingboro structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect
to structure, equipment or maintenance, or, further, that the conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards and insanitary conditions, constitute a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the Township of Willingboro. It is further found and
declared that, by reason of lack of maintenance and progressive deterioration,
certain properties have the further effect of creating blighting conditions
and initiating slums, and that, if the same are not curtailed and
removed, the conditions stated in this section will grow and spread
and will necessitate in time the expenditure of large amounts of public
funds to correct and eliminate the same, and that, by reason of timely
regulations and restrictions as herein contained, the growth of slums
and blight may be prevented and the neighborhood and property values
thereby maintained, the desirability and amenities of residential
and nonresidential uses and neighborhoods enhanced, and the public
health, safety and welfare protected and fostered.
B.
Purpose. The purpose of this code is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance and condition of residential and nonresidential
premises; to establish minimum standards governing utilities, facilities
and other physical components and conditions essential to make the
facilities fit for human habitation, occupancy and use; to fix certain
responsibilities and duties upon owners and operators and distinct
and separate responsibilities and duties upon occupants; to authorize
and establish procedures for the inspection of residential and nonresidential
premises; to fix penalties for the violations of this code; to provide
for the right of access across the adjoining premises to permit repairs;
and to provide for the repair, maintenance and abatement of nuisances
on premises by the Township of Willingboro. This code is hereby declared
to be remedial and essential for the public interest, and it is intended
that this code be liberally construed to effectuate the purposes as
stated herein.
The following terms, wherever used herein or referred to in
this code, shall have the respective meanings assigned to them, unless
a different meaning clearly appears from the context. Whenever the
terms "accessory structure," "building," "dwelling," "premises" and
"structure" are used in this code, they shall be construed, unless
expressly stated to the contrary, to include the plurals of these
terms and as if they were followed by the words "or any part thereof."
The term "shall" shall be applied retroactively as well as prospectively.
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
Any floor, any portion of which is more than 24 inches below
the adjacent grade level.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
The condition or appearance of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant, except that the foregoing
shall not apply to hotels as defined in N.J.S.A. 29:2-1.
All officials, officers or employees entrusted with the enforcement
of the provisions of this code.
Any premises or any part thereof or any building or any part
thereof which may be lawfully viewed by the public or any member thereof,
from a sidewalk, street, alleyway, licensed open-air parking lot or
from any adjoining or neighboring premises.
The portions of a building which are exposed to public view
and the open space of any premises outside of any building erected
thereon.
See also "nuisance."
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing, or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire.
The presence of insects, rodents, vermin or other pests on
the premises which constitute an actual or potential health hazard.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Township of Willingboro.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes but is not limited
to abandoned wells; shafts; basements; excavations; abandoned iceboxes;
refrigerators; motor vehicles; any structurally unsound fences or
structures; lumber; trash; fences; debris; or vegetation such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or insanitary sewage or plumbing facilities in violation
of Township ordinances.
Unsanitary conditions or any thing offensive to the senses or
dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person living, sleeping, occupying, or having actual
possession of a premises or a part thereof.
Any person who has charge, care or control of a premises,
or a part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner, or as fiduciary, including but not limited to executor, executrix,
administrator, trustee, receiver or guardian of the estate, or as
a mortgagee in possession, regardless of how the possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any dwelling or dwelling unit shall be deemed to be a co-owner
with the lessor and/or assigned by the lessee.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Registered mail or certified mail.
A combination of any materials, whether fixed or portable,
forming a construction, including buildings.
The Township Manager of the Township of Willingboro and any
other officials that the Township Manager may designate to act in
the Township Manager's behalf.
Supply and removal of air to and from any space by natural
or mechanical means.
Deterioration, decay or damage caused by exposure to the
elements.
A.
In general. This article shall be applicable to all buildings, every residential and nonresidential building and the premises on which it is situated in the Township, used or intended to be used for dwelling, commercial, business or industrial occupancy, which buildings shall comply with the provisions of this code, whether or not the building shall have been constructed, altered or repaired before or after the enactment of this code. This code establishes minimum standards for the initial and continued occupancy and use of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Subsection B of this section.[1]
B.
Higher standard to prevail in case of conflict. In any case where
the provisions of this code impose a higher standard than set forth
in any other ordinances of the Township or under the laws of the State
of New Jersey, then the standards as set forth herein shall prevail,
but if the provision of this code imposes a lower standard than any
other ordinances of the Township or of the laws of the State of New
Jersey, then the higher standard contained in any other ordinance
or law shall prevail.
C.
Issuance and renewal of other permits and licenses. All licenses
and permits shall be issued upon compliance with this code, as well
as compliance with the ordinances under which the licenses and permits
are granted.[2]
D.
Enforcement of and compliance with other ordinances. No license or
permit or other certification of compliance with this code shall constitute
a defense against any violation of any other ordinance of the Township
applicable to any structure or premises, nor shall any provision herein
relieve any owner, operator or occupant from complying with any other
provision, nor any official of the Township from enforcing any other
provision.
A.
Owner and operator. Owners and operators shall have all duties and
responsibilities as prescribed in this code and the regulations promulgated
pursuant thereto, and no owner or operator shall be relieved from
any duty and responsibility nor be entitled to defend against any
charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
B.
Occupant. Occupants shall have all the duties and responsibilities as prescribed in § 272-10 and all the regulations promulgated thereto, and the occupant shall not be relieved from any duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C.
Contract not to alter responsibilities. Unless expressly provided
to the contrary in this code, the respective obligations and responsibilities
of the owner and operator on one hand, and the occupant on the other,
shall not be altered or affected by an agreement or contract by and
between any of them or between them and other parties.
A.
Maintenance of exterior of premises. 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 insanitary 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 enumerations and provisions in the following subsections:
(1)
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
(2)
Natural growth: 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 those conditions.
(3)
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. Further, all
vegetative growth which is or would normally grow to a height greater
than 18 inches shall not be permitted by the owner or operator of
the premises to be planted within 18 inches or to grow within six
inches of an imaginary line extending vertically for 78 inches from
the border of any paved sidewalk or, where there is no sidewalk or
street, within an area of 78 inches as measured vertically from the
surface of the sidewalk or street.
(4)
Ground surface hazards of insanitary conditions: holes; excavations;
breaks; projections; obstructions; icy conditions; 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 holes and
excavations shall be filled and repaired, walks and steps replaced
and other conditions removed where necessary to eliminate hazards
or insanitary conditions with reasonable dispatch upon their discovery.
(5)
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained in accordance with the ordinances of the
Township of Willingboro to eliminate any recurrent or excessive accumulation
of stormwater.
(6)
Sources of infestation. Every owner and operator shall be responsible
for the elimination of infestation in and on the premises subject
to the owner's and operator's control.
(7)
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(8)
Chimneys and all flue and vent attachments thereto. Chimneys and
all flue and vent attachments thereto shall be maintained structurally
sound, free from defects, and so maintained as to capably perform
at all times the functions for which they were designed. Chimneys,
flues, gas vents or other draft-producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment
and shall be structurally safe, durable, smoketight, and capable of
withstanding the action of flue gases.
(9)
Exterior raised porches, landings, balconies, stairs and fire escapes.
Exterior raised porches, landings, balconies, stairs and fire escapes
shall be provided with banisters or railings properly designed and
maintained to minimize the hazard of falling, and the same shall be
kept structurally sound, in good repair, and free from defects.
(10)
Appearance of exterior of premises and structures. The exterior
of the premises, the exterior of structures, and the condition of
accessory structures shall be maintained so that the appearance of
the premises and all buildings thereon shall reflect a level of maintenance
in keeping with the standards of that particular area and so that
the appearance of the premises and structures shall not constitute
a depressing factor for adjoining property owners nor an element leading
to the progressive deterioration and downgrading of the particular
area with the accompanying diminution of property values.
(11)
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under Chapter 370, Zoning, for the premises.
(12)
Landscaping. The landscaping of premises shall be maintained
in an orderly state with lawns and bushes trimmed and free from becoming
overgrown, littered and unsightly where that would constitute a blighting
effect, depreciating any adjoining and nearby property. Open areas
shall be graded evenly to eliminate holes, depressions, gullies, mounds,
accumulations of debris or other unsightly or unsafe conditions.
(13)
Reconstruction of walls and sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, so that the materials
used will not be of a kind that, by their appearance, under prevailing
appraisal practices and standards, will depreciate the value of neighboring
and adjoining premises as stated.
(14)
General maintenance of all structures and accessory structures.
The exterior of every structure or accessory structure (including
fences) shall be maintained in good repair, and all surfaces thereof
shall be kept painted or whitewashed where necessary for purposes
of preservation and appearance. The same shall be maintained free
of broken glass, loose shingles, crumbling stone or brick or excessive
peeling paint, to the end that the property itself may be preserved,
safety and fire hazards eliminated and adjoining properties and the
neighborhood protected from blighting influences.
(15)
Yard parking. No person shall park, stop or stand any motor vehicle or trailer of any type or permit or suffer the same to be done in any yard area of any premises, except on driveway and parking areas, constructed and maintained in accordance with the provisions of § 370-76 of the Code of the Township of Willingboro.
[Amended 4-20-2021 by Ord. No. 2021-7]
(16)
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extends over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event the awnings
or marquees are not properly maintained in accordance with the foregoing,
they shall, together with their supporting members, be removed forthwith.
In the event awnings or marquees are made of cloth, plastic or of
similar materials, the cloth or plastic, where exposed to public view,
shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing, or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks, or other parts of the public domain.
(17)
Structural soundness and general maintenance, exterior. Every
structure and accessory structure and every part thereof shall be
kept structurally sound and in a state of good repair and free from
defects.
(18)
Exterior walls, sidings and roofs. Exterior walls, sidings and
roofs shall be kept structurally sound, in good repair and free from
defects.
(19)
Painting and other protective coating. All exposed surfaces
susceptible to decay shall be kept at all times painted or otherwise
provided with a protective coating sufficient to prevent deterioration.
(20)
Weathertightness and watertightness. Every structure shall be
so maintained as to be weathertight and watertight.
(21)
Exterior walls, roofs, etc. Exterior walls, roofs, windows,
window frames, doors, door frames, foundations and other parts of
the structure shall be so maintained as to keep water from entering
the structure and to prevent excessive drafts. Damaged materials must
be repaired or replaced promptly; places showing signs of rot, leakage,
deterioration or corrosion are to be restored and protected against
weathering or seepage.
(22)
Basements and cellars. Basements, cellars and crawl spaces are
to be free of moisture resulting from seepage, and cross-ventilation
shall be required where necessary to prevent accumulations of moisture
and dampness.
(23)
Freedom of infestation. All parts of the premises shall be maintained
so as to prevent infestation.
(24)
General sanitation and safety. All parts of the structure shall
be kept in a clean and sanitary condition, free of nuisances and free
from health, safety and fire hazards.
(25)
Freedom of accumulations and obstructions. No accumulation or
obstruction from garbage, refuse, rubbish or storage of unused items
shall be permitted on stairways, areaways, balconies, porches, hallways,
basements or cellars.
[Amended 4-20-2021 by Ord. No. 2021-8]
(26)
Maintenance of property in accordance with approved site plan.
Any property which has been the subject of a site plan review and
approval shall be maintained and operated in accordance with the approved
site plan, specifically including the parking and landscaping as provided
on the approved site plan. In the event that any of the landscaping
shall die, it shall be replaced not later than the next growing season.
The replacement landscaping shall be of the same type as designated
on the approved site plan and shall be of a size substantially the
same as the surrounding landscaping.
(27)
Outdoor
placement. No property shall allow any of the following items to remain
on the property outside of a dwelling or other enclosed structure
for longer than 48 hours, in any location visible from streets or
sidewalks adjacent to the property: appliances, bedding, bottles,
glass, cans, cardboard, upholstered furniture manufactured for indoor
use only, household appliances, jars, metal or plastic barrels, lumber
and building supply materials not related to an active permit and
not neatly stacked, machine parts, motor vehicle parts, pallets, plumbing
fixtures, rags, or scrap metal.
[Added 2-20-2024 by Ord. No. 2024-2]
A.
Cleanliness and sanitation. All parts of the premises under the control
of the occupant or operator shall be kept in a clean and sanitary
condition, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or insanitary
or which would obstruct the owner or operator from performing any
duty required hereunder or maintaining the premises in a clean and
sanitary condition.
B.
Landscaping. The landscaping of premises shall be maintained in an
orderly state, with lawns and bushes trimmed and free from becoming
overgrown, littered and unsightly where that would constitute a blighting
effect, depreciating adjoining and nearby property. Open areas shall
be graded evenly to eliminate holes, depressions, gullies, mounds,
accumulations of debris or other unsightly or unsafe conditions. To
this end, the owner or occupant of the premises, where appropriate,
shall reseed, sod, plant another vegetative covering or otherwise
utilize a landscaping material as necessary to preclude yard areas
of more than six square feet from deteriorating to or existing in
a barren condition.
C.
Ground surface hazards, insanitary conditions, unregistered vehicles
and/or vehicles without current license plates.
(1)
It shall be the duty of the occupant to keep the premises free of
holes, excavations, uncleared snow, and excretions of pets and other
animals on paths, walks, driveways, parking lots and parking areas,
and other parts of the premises.
(2)
All holes and excavations shall be filled and repaired and other
conditions removed where necessary to eliminate hazards or unsanitary
conditions, with reasonable dispatch upon their discovery.
(3)
It shall also be the duty of the occupant to remove any motor vehicle
which is unregistered and/or without current license tags or plates
from the premises, unless same is properly stored in a closed garage,
or, in the case of nonresidential premises, the motor vehicle is being
currently serviced or repaired by a garage person in order to meet
inspection requirements of the Division of Motor Vehicles of the State
of New Jersey.
(4)
No person shall park or permit to be parked any motor vehicle on
any street or public or private property in the Township for a period
of more than 72 hours, unless the motor vehicle is operable and in
condition for safe and effective performance of the function for which
it is intended, unless the motor vehicle is properly stored in a closed
garage or, in the case of nonresidential premises, a motor vehicle
garage or service station in order to make the motor vehicle operable
and in condition for safe and effective performance of the function
for which it is intended.
D.
Eliminating infestation. Every occupant of a premises shall be responsible
for the elimination of infestation in the premises and on the premises.
E.
Malicious damage. Every occupant shall be responsible for willfully
or maliciously causing damage to any part of the premises.
A.
In general. No person shall accumulate or permit, suffer or allow
the accumulation, in any premises owned, operated, occupied or controlled
by such person, of any refuse, garbage, rubbish and waste material
for a time longer than the period from one collection day to the next
ensuing collection day. The refuse, garbage, rubbish, or waste material
shall either be removed by the Township in accordance with regulations
made and provided or by an authorized collector.
B.
Nonresidential premises.
(1)
Every owner, operator and occupant of any nonresidential premises
shall be responsible for providing suitable containers consisting
of waterproofed receptacles, cans or barrels made of a substantial
material such as galvanized iron, with a tight-fitting cover of metal,
so constructed as to prevent spillage or leakage of its contents which,
when full, shall not weigh over 65 pounds (unless the container is
to be mechanically raised), for the receiving and holding of garbage,
rubbish, refuse, or waste materials.
(2)
Every owner, operator and occupant of nonresidential premises shall be responsible for providing containers, as described in Subsection B(1) of this section, sufficient in number to hold all garbage, rubbish, refuse, and waste material in the manner prescribed, from one collection period to the next actual collection. Garbage, rubbish, refuse, and waste materials shall be placed in the containers prior to the time fixed for collections.
(3)
Every owner, operator and occupant of nonresidential premises shall
be responsible for making necessary arrangements for weekly collection
of garbage, rubbish, refuse, and waste material between the hours
of 6:00 a.m. and 8:00 p.m., prevailing time, only.
C.
Residential premises.
(1)
Every owner, operator and occupant of residential premises shall be responsible for providing suitable containers consisting of waterproofed receptacles, cans or barrels made of a substantial material such as galvanized iron, with a tight-fitting cover of metal, so constructed as to prevent spillage or leakage of its contents which, when full, shall not weigh more than 30 pounds, for the receiving and holding of garbage, rubbish, refuse, and waste materials, subject to provisions of Subsection C(4) of this section.
(2)
Every owner, operator and occupant of residential premises shall be responsible for providing containers as described in Subsection C(1) of this section sufficient in number to hold all garbage, rubbish, refuse, and waste material, in the manner prescribed, from one collection to the next actual collection. The garbage, rubbish, refuse and waste material shall be placed in the containers prior to the time fixed for collection.
(3)
Every owner, operator and occupant of residential premises shall
place the containers one to two feet behind the curb in front of the
premises, no earlier than 8:00 p.m., prevailing time, of the day preceding
the nearest collection day.
(4)
Discarded newspapers, magazines, and the like may be placed in securely tied bundles in close proximity to the location of the containers for collection. Bulky items comprised of waste materials classified as garbage, paper, rubbish or ashes as defined in § 314-1 of the Code of the Township of Willingboro must be disassembled by the owner, operator and occupant of the premises into not more than three-foot lengths, tied securely and placed in close proximity to the containers for collection.
A.
Township Manager to supervise administration of inspections, regulations,
enforcements and hearings on violations. The Township Manager is hereby
designated to supervise and direct all inspections, regulations, enforcements
and hearings on violations of the provisions of this code, unless
expressly stated to the contrary. Other public officials or employees
of the Township may be designated by ordinance or the Township Manager
to perform duties as may be necessary to the enforcement of this code,
including the making of inspections and holding of hearings.
B.
When inspections are to be made. All buildings and premises subject
to this code are subject to inspections from time to time by the enforcing
officer of the Township. At the time of the inspections, parts of
the premises must be available and accessible for the inspections,
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate the inspections.
C.
Identification and conduct of inspectors. Enforcement officials and
officers shall be supplied with official identification and, upon
request, shall exhibit the identification when entering any structure
or any part of any premises subject to this code. Inspectors shall
conduct themselves so as to avoid intentional embarrassment or inconvenience
to occupants.
D.
Where entry by enforcing officials is refused. Where the enforcing
official or the official's agent is refused entry or access or is
otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, the person shall be
in violation of this code and subject to the penalties hereunder.
E.
Search warrant or access warrant. In addition to the provisions of Subsection D of this section, enforcing officials may, upon affidavit, apply to the Judge of the Township of Willingboro for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this code exists on the premises, and if the Judge is satisfied as to the matter set forth in the affidavit, the Judge shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
F.
Procedure where violation discovered. Where a violation of this code
or the regulations hereunder is found to exist, a written notice from
the enforcing official shall be served on the person or persons responsible
for the correction thereof.
G.
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection I of this section. The notice shall also advise the recipient that if the violation is not corrected or abated, the municipality may do same, the cost of which shall become a lien on the subject property.
H.
Service of notice. Notice may be served personally or by prepaid
telegram or by mail with postage prepaid, addressed to the last known
address of the person to be served. In case the premises are occupied,
notice may be accomplished by posting upon the front door of the structure.
Where it is ascertained the owner does not reside on the premises,
the last known address shall be the address of the owner as shown
in the office of the Tax Collector. If the last known address cannot
be ascertained, service may be accomplished by mailing the notice
with postage prepaid to the mortgagee, if there be one, and by posting
the notice on the front door of the premises and printing the notice
in the legal advertising media at least one time. The enforcing officer
shall file and provide notice to any owner, operator or occupant of
any violation at any address other than the last known address provided
hereunder if the other address is filed with the enforcing officer
personally or by certified mail addressed to the enforcing officer.
Service upon any owner, operator or occupant may also be attained
by service of any notice upon a member of the family, over 14 years
old, of the owner, operator or occupant. Date of service of the notice
shall be determined where service is by mail as of the day following
the day of mailing of notices to addresses within the Township, and
as of the third day after the day of mailing for notices to addresses
outside the Township. Where the day of service would fall upon a Sunday
or other day where mail is not ordinarily delivered, then the day
of service shall be the next regular delivery day.
I.
Notice to become an order unless hearing requested. Within 10 days
of the date of service of a notice, the notice shall constitute a
final order, unless any person affected by the notice requests a hearing
thereon and serves a written request within the ten-day period in
person or by mail on the Township Manager. The request for a hearing
shall set forth briefly the grounds or reasons on which the request
for a hearing is based and the factual matters contained in the notice
of violation which are to be disputed at the hearing. The Township
Manager, upon receipt of the request, shall, within 30 days therefrom
and upon five days' notice to the party aggrieved, set the matter
down for hearing.
J.
Determination at hearing. At any hearing provided hereunder, the
Township Manager shall be vested with all the powers provided by law
to compel the attendance of witnesses and parties in interest by issuance
and service of subpoenas; to require by subpoena the production of
books, records or other documents at any hearing which may be pertinent
to matters to be determined by the Township Manager; and to enforce
any subpoena or secure any order for the enforcement of any subpoena
as provided by law. Determination shall be made within 10 days from
the completion of the hearing. The Township Manager shall issue an
order either incorporating the determinations and directions contained
in the notice, modifying the notice or withdrawing of the notice.
K.
Extensions of time. The Township Manager may extend the time for
correction or abatement of the violations for an additional period
of time not to exceed 30 days, except where major capital improvements
or renovations are involved, in which instance the time for completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice.
L.
Summary abatement in emergency; notice and hearing not required.
Where the violation or condition existing on the premises are of such
a nature as to constitute an immediate threat to life and limb unless
abated without delay, the Township Manager may either abate the violation
or condition immediately or order the owner, operator or occupant
to correct the violation or condition immediately or order the owner,
operator or occupant to correct the violation or condition within
a period of time not to exceed three days, and, upon failure to do
so, the Township Manager shall abate the condition immediately thereafter.
M.
Cost of any abatement to be a lien against premises. Where abatement
of any nuisance, as defined herein, correction of a defect in the
premises or the maintenance of the premises in a proper condition
as to conform to municipal ordinances or state law applicable thereto
requires expending Township monies therefor, the enforcing officer
shall present a report of work proposed to be done to accomplish the
foregoing to the Township Manager, with an estimate of the cost thereof,
along with a summary of the proceedings undertaken by the enforcing
officer to secure compliance, including notices served upon the owners,
operators, lessors or agents, as the case may be, and hearing and
orders of the Township Manager. The Township Manager may thereupon
order the abatement of the nuisance, correction of the defect of work
necessary to place the premises in proper condition and in compliance
with ordinances of the Township and laws of the state. The enforcing
officer may thereafter proceed to have the work performed in accordance
with the order at Township expense, not to exceed the amount specified
in the order, and shall, upon completion thereof, submit a report
of the monies expended and costs to the Township Manager. After review
of the same, the Township Council may approve the expenses and costs,
whereupon the same shall become a lien against the premises collectible
as provided by law. A copy of the resolution approving the expenses
and costs shall be certified by the Township Clerk and filed with
the Tax Collector of the Township, who shall be responsible for the
collection thereof, and a copy of this resolution shall be sent by
certified mail to the owner.
N.
Extension of time where dispossess action undertaken. Where there
exists a violation of this code, an owner or operator, upon receipt
of a notice of violation, if unable to eliminate the violation by
peaceable means within the period of time specified in the notice,
shall commence within that period legal action to dispossess, evict
or eject the occupants who cause the violation. No further action
hereunder shall then be taken against the owner or operator so long
as the action is pending in the court and is prosecuted expeditiously
and in good faith.
O.
Where notice and hearing not required prior to court proceedings.
(2)
No notice shall be required on the enforcement of §§ 272-9A(4) and 272-10C hereof as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where the snow or ice remains uncleared within 24 hours after the termination of the snowfall.
(3)
Where the Township Manager after hearing shall determine that there
was a violation and a notice was served upon the owner, operator or
occupant, whether or not the violation was abated prior to the issuance
of an order, if thereafter, within the space of one year, there shall
be a second violation by the same owner, operator or occupant of the
same provision of this code discovered on the same premises, the offender
may be prosecuted on the second violation without the enforcing officer
first giving notice and opportunity for a hearing to the owner, operator,
or occupant by the filing of a complaint by the enforcing officer
in the Municipal Court. Where the Township Manager has on two different
occasions found violations by the same owner, operator or occupant
on the same premises and has issued notices on each and has held at
least one hearing and issued an order thereon, upon discovering a
third or subsequent violation by the same owner, operator or occupant
on the same premises within the space of one year, whether the same
sections or of any other sections of this code, the Township Manager
may thereupon prosecute the offender by filing a complaint in the
Municipal Court for the third or subsequent violation occurring within
the period of one year without first providing notice and opportunity
for a hearing by the Township Manager.
P.
Effect of notice on owner. For the purposes of enforcement of this
code, the service of a notice on an owner, whether or not the owner
is also the operator, shall constitute notice of violations set forth
therein until violations are abated in conformity with this code and
the other applicable ordinances of the Township of Willingboro.
B.
Meaning of the term "each violation." Each violation of a section
or subsection of this code shall constitute a separate and distinct
violation independent of any other section or subsection or any order
issued pursuant to this code. Each day's failure to comply with any
section or subsection shall constitute a separate violation.
C.
Minimum penalty for second violation. Where an owner, operator or occupant has been convicted of a violation of this code, and within 12 months thereafter has been found by the Judge of Municipal Court to be guilty of a second violation, the Court shall impose a fine in accordance with the general penalty in Chapter 1, Article II.[1]
E.
Fine as lien. In the event of the imposing of a fine or penalty by
the Municipal Court or any other court of competent jurisdiction against
the owner, operator or lessor of any building or structure in the
Township required to be registered for violation of any Township ordinance
or any state law applicable to the Township, the fine or penalty shall
be collectible as a lien against the premises, in addition to any
other remedies now provided by law.
The repeal of any provisions of any other ordinances by this
code shall not affect any action for prosecution or abatement under
any ordinance or any notice, complaint or order issued by any officer
or agency of the Township prior to the effective date of the adoption
of this code or concerning which any prosecution or other steps of
enforcement have been taken or are being taken within any administrative
agency or in the Municipal Court for enforcement thereof.
The Township Manager is hereby authorized and empowered to promulgate
written rules and regulations for the interpretation and administration
of the provisions of this code, provided that the rules and regulations
do not conflict with this code and conform to the general standards
prescribed by this code. The Township Manager shall file copies of
the rules and regulations with the Township Clerk, which shall be
available during regular business hours. The rules and regulations
shall have the same force and effect as the provisions of this code,
and the violations thereof shall be enforced as violations of the
express provisions of this code, as herein provided.
A.
Application for inspection. Whenever an owner, operator, occupant,
prospective purchaser, mortgagee or prospective occupant shall apply
to the enforcing officer for an inspection in order to ascertain if
any section of this code has been violated, the enforcing officer
shall, upon payment of the fee hereunder stated, cause an inspection
to be made of the premises and issue an informational certificate
or report of the inspections to the applicant, indicating therein
any violations of this code on the premises. The applicant for the
inspection shall state in writing the applicant's full name, residence
and the reasons and basis for which the inspection is requested. The
enforcing officer may deny the application for failure to comply with
this requirement.
B.
Application for status report. Where, in lieu of an inspection, an
owner, operator, occupant, lessee, prospective purchaser, mortgagee
or prospective occupant requests a status report as to whether or
not there are any known violations presently pending on the premises,
upon payment of the fee prescribed herein, a copy of any notice or
order on any violation then pending shall be sent to the applicant.
C.
Significance and scope of inspection or status report. No inspection report issued under Subsection A of this section or status report under Subsection B of this section shall be construed as providing a defense against any violation of this code or any other ordinance of the Township which may be discovered thereafter, whether or not the condition or violation existed at the time of any such inspection or status report. The inspection or status report is provided as a convenience to the public and shall not constitute a limitation on the full enforcement of this code. The inspection or status report shall include only those matters as are embraced in this code.
