[HISTORY: Adopted by the Township Committee of the Township
of Bethlehem 12-1-2011 by Ord. No. 404.2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 70.
Driveways — See Ch. 76.
Fire prevention — See Ch. 86.
Garbage, rubbish and refuse — See Ch. 94.
Littering — See Ch. 106.
Streets and sidewalks — See Ch. 136.
Abandoned vehicles — See Ch. 146.
[1]
Editor's Note: This ordinance was adopted as Ch. 104
but was renumbered in order to maintain the alphabetical organization
of the Code.
This chapter shall be known as the "Property Maintenance Code
of the Township of Bethlehem," hereinafter referred to as "this code."
This code shall be constructed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as residents
are affected by avoiding the creation of nuisances and by insuring
safe and sanitary maintenance of land and improvements. Nothing in
this code shall be construed to cancel, modify or set side any provision
of the Township of Bethlehem Zoning Ordinance.
As indicated in this chapter, the following terms shall have
the meanings indicated:
Wrecked or derelict property, which has been left abandoned
for more than three months and unprotected from the elements and shall
include wrecked, inoperative, or partially dismantled motor vehicles,
trailers, boats, machinery, refrigerators, washing machines, plumbing
fixtures, furniture, and any other similar article which has been
left abandoned and unprotected from the elements.
Any property that is vacant and is under a current notice
of default and/or notice of mortgagees sale by the lender or a pending
Tax Assessor's lien sale and/or properties that have been the
subject of a foreclosure sale where the title was retained by the
beneficiary of a mortgage involved in the foreclosure and any properties
transferred under a deed in lieu of foreclosure or sale.
All abandoned personal property and abandoned real property
is hereby declared to be a public nuisance, the abatement of which
pursuant to the police power is hereby declared to be necessary for
the health, welfare, and safety of the residents of the Township.
A.
Properties subject to this section shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, fliers, notices, except those
required by federal, state, or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior-grade paint that matches
the color of the exterior paint.
C.
Landscape shall include, but not be limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark
or artificial turf/sod designed specifically for residential installation.
Landscape shall not include weeds, gravel, broken concrete, asphalt
or similar material.
D.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting, and mowing.
E.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris.
F.
Failure of the mortgagee and/or property owner of record to properly
maintain the property may result in a violation of the Township Code
and issuance of a citation or notice of violation/notice of hearing
by the Township's Code Enforcement Officer.
A.
Notice. The Code Enforcement Official shall cause a notice to be
issued to the applicable property owner when violations are noted.
Said notice shall be in writing and include:
(1)
A description of the real estate sufficient for identification;
(2)
A statement of the violation or violations and why the notice is
being issued;
(3)
A correction order affording the property at least 10 days to cure
the violation in accordance with this section; and
(4)
Informing the property owner if said violation is not cured within
the designated time period that the Township will take action to cure
the violation and may place a lien against the property until the
Township is reimbursed for any costs incurred in curing the violation.
B.
Service of notice. The notice may be served in one of the following
methods:
(1)
Delivered personally which shall include service upon an employee;
or
(2)
Sent by first-class mail, express mail, overnight carrier or certified
mail addressed -to the last known address; or
(3)
Posted in a conspicuous place in or about the structure affected
by such notice; or
(4)
Sent by facsimile machine (fax) to a party who has agreed in writing
to accept notice by such means.
C.
Placement of lien. Where abatement of any nuisance as defined herein
or correction of a defect on the premises or the maintenance of the
premises in a proper condition to conform to applicable ordinances
of the Township of Bethlehem or the laws of the State of New Jersey
requires expenditures of the Township of Bethlehem of moneys therefor,
the Code Official, or his/her designee, shall present a report of
the work accomplished to the governing body of the Township of Bethlehem
along with a summary of the proceedings undertaken to secure compliance,
including notices served upon owners, operators, occupants or their
agents, as the case may be. The governing body shall then approve
the expenses and costs, whereupon they shall become a lien against
the premises, collectible as provided by law. A copy of the resolution
approving the said expenses shall be certified by the Municipal Clerk
and filed with the Tax Collector of the Township of Bethlehem, who
shall be responsible for the collection thereof; and a copy of the
report and resolution shall be sent by certified mail, return receipt
requested, to the owner.
Any person ("the petitioner") affected by a decision of the
Code Official or a notice or order issued under this code shall have
the right to appeal to the Township Committee, within 15 days after
the day of the decision, notice, or order was served. For purposes
of this section, a decision, notice or order is served upon delivery,
in the case of personal delivery, or posting on the structure affected
by such notice and, in the case of mailing, five days after deposit
in the United States mail with first-class postage prepaid. The Code
Official shall transmit the appeal to the Township Committee within
three business days of its filing. A person is affected for the purpose
of an appeal pursuant to this section when the person has a material
or definitive interest in the decision, notice, or order of the Code
Official. An appeal shall be based on a claim that the true intent
of this code, or the rules legally adopted thereunder, have been incorrectly
interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
Appeal must be in writing and include a statement of the proposal,
together with any and all documentation which would aid the Board
in its deliberations.
A.
Hearing. The Township governing body shall hear the appeal at the
next available Committee meeting. The Township shall give written
notice of the meeting date and time to the petitioner. Notice shall
be given of the time, place, and purpose of the public hearing by
posting on the premises which is the subject of the hearing a notification
of the same, not less than three days before the hearing to which
it refers.
B.
Governing body decisions. Council decisions shall be in writing and
issued within two weeks after the close of the hearing. In reaching
its decision, the Council may consider whether the decision, notice,
or order appealed from was based upon a correct interpretation of
this code, on the rules legally adopted thereunder, whether the provisions
of the code do not fully apply, or whether the requirements of this
code are adequately satisfied by other means. The petitioner shall
establish by a clean preponderance of the evidence that his proposal
is equivalent or superior to the adopted code requirement. The decision
shall state that the decision is a final administrative decision which
may be appealed to the Superior Court within 45 days of delivery of
the decision. Failure to secure the concurring votes of a majority
of Council members present where a quorum has been obtained shall
be deemed a confirmation of the original decision.
C.
Effect of appeal. The appeal shall stay the decision, notice, or
order appealed from, unless the Code Official certifies to the Borough
after the appeal has been filed that a stay would in the Code Official's
opinion cause imminent peril to life or property. In such case, the
suspension or revocation shall not be stayed unless a restraining
order is issued by a court of competent jurisdiction, and then only
if due cause can be conclusively shown.
A.
Prosecution of violations. Any person failing to comply with a notice
of violation or order served in accordance with this section shall
be deemed guilty of a violation of this code, and the violation shall
be deemed a strict liability offense. 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 of direction made pursuant hereto. 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.
