These regulations shall be known as "the Property Maintenance
Code of the City of Camden," hereinafter referred to as "this chapter."
A.
It is hereby found and declared that there exist in the City of Camden
structures used for residential and nonresidential use that are or
may be in the future substandard with respect to structure, equipment
or maintenance or further that such conditions, including but not
limited to structural deterioration, lack of maintenance and appearance
of the exterior of premises, infestation, lack of essential heating,
plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the City of Camden.
B.
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 aforesaid conditions
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.
C.
It is further found and declared that, by reason of the peculiar
and special conditions existing to lodging houses, mixed-occupancy
dwellings, boardinghouses and multiple-dwelling structures, as herein
defined, the licensing and regulation of the same is necessary so
that the aforesaid regulations may be better enforced in the public
interest for the protection of the health, safety and welfare of the
public, to prevent slum and blighted conditions from expanding in
the City of Camden and for the social and economic stability of the
City.
D.
It is further found that:
(1)
Many citizens of the City of Camden are required to reside in the
above dwellings which fail to meet minimum standards of safety and
sanitation and are compelled to pay rents disproportionate to the
value of the facilities and services received.
(2)
It is essential to the health, safety and general welfare of the
people of the City that owners of substandard dwellings be encouraged
to provide safe and sanitary housing accommodations for the public
to whom such accommodations are offered.
(3)
It is necessary, in order to ensure the improvement of substandard
dwellings, to authorize the Public Officer to enact and impose rent
controls on substandard dwellings until such dwellings satisfy minimum
standards of safety and sanitation.
The provisions of this chapter shall apply to all existing residential
and nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment,
and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the responsibility
of owners, operators and occupants; the occupancy of existing structures
and premises, and for administration, enforcement and penalties.
This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
The provisions of this chapter shall apply to all matters affecting or relating to structures and premises, as set forth in § 620-1 et seq. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.
A.
Equipment, systems, devices and safeguards required by this code
or a previous regulation or code under which the structure or premises
was constructed, altered or repaired shall be maintained in good working
order. The requirements of this chapter are not intended to provide
the basis for removal or abrogation of fire protection and safety
systems and devices in existing structures. Except as otherwise specified
herein, the owner or the owner's designated agent shall be responsible
for the maintenance of buildings, structures and premises.
B.
Repairs, additions or alterations to a structure, or changes of occupancy,
shall be done in accordance with the procedures and provisions of
the Uniform Construction Code. Nothing in this chapter shall be construed
to cancel, modify or set aside the provisions of the following chapters
of the Camden Code:
|
Urban Enterprise Zones — Chapter 141
| |
|
Asbestos Removal — Chapter 198
| |
|
Brush, Weeds and Debris — Chapter 232
| |
|
Uniform Construction Code — Chapter 270
| |
|
Fire Prevention and Protection — Chapter 363
| |
|
Health — Chapter 523
| |
|
Housing Standards — Chapter 450
| |
|
Licenses and Business Regulations — Chapter 485
| |
|
Mobile Homes and Mobile Home Parks — Chapter 507
| |
|
Motels and Hotels — Chapter 512
| |
|
Rent Control — Chapter 650
| |
|
Rooming and Boarding Houses — Chapter 656
| |
|
Sewers — Chapter 675
| |
|
Snow, Ice and Debris Removal — Chapter 700
| |
|
Streets and Sidewalks — Chapter 735
| |
|
Swimming Pools — Chapter 742
| |
|
Trees and Shrubs — Chapter 796
| |
|
Water — Chapter 840
| |
|
Zoning and Land Use — Chapter 870
|
The provisions in this chapter shall not be construed to abolish
or impair existing remedies of the jurisdiction or its officers or
agencies relating to the removal or demolition of any structure which
is dangerous, unsafe and unsanitary.
Repairs, maintenance work, alterations or installations which
are caused directly or indirectly by the enforcement of this chapter
shall be executed and installed in a workmanlike manner and installed
in accordance with the manufacturer's installation instructions.
Failure to complete repairs, alterations or improvements of multiple dwellings within a reasonable time, as fixed by the Public Officer, shall be cause to impose rent control, (see City Code Chapter 650, Rent Control).
The provisions of this chapter shall not be mandatory for existing
buildings or structures designated by the state or local jurisdiction
as historic buildings when such buildings or structures are judged
by the Code Official to be safe and in the public interest of health,
safety and welfare.
The codes and standards referenced in this chapter shall be
those that are listed in the Uniform Construction Code and considered
part of the requirements of this chapter to the prescribed extent
of each such reference. Where differences occur between provisions
of this chapter and the referenced standards, the provisions of this
chapter shall apply.
Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare, not specifically covered
by this chapter, shall be determined by the department head.
A.
General. The provisions of this chapter shall be administered by
the Department of Code Enforcement by the appropriate enforcement
officials as designated by the Director of the Department or as assigned
by law to the enforcement of this chapter. Nothing contained herein
shall be construed to impair or limit the authority granted by the
state law or City ordinance to the Director of the Department of Code
Enforcement.
B.
Appointment. All appointments of code enforcement officials shall
be made in the manner provided by the law.
C.
Restriction of employees. An official or employee connected with
the enforcement of this chapter shall not be engaged in, or directly
or indirectly connected with, the furnishing of labor, materials or
appliances for the construction, alteration or maintenance of a building,
or the preparation of construction documents thereof, unless that
person is the owner of the building; nor shall such officer or employee
engage in any work that conflicts with official duties or with the
interests of the Department.
[Amended 12-10-2019 by Ord. No. MC-5232]
The Construction Code Official is hereby designated to serve
as the Public Officer hereunder, and all inspections, regulations,
enforcement and hearings on violations of the provisions of this chapter,
unless expressly stated to the contrary, shall be under his direction
and supervision. Furthermore, the Public Officer herein:
A.
May appoint or designate such other public official or employee of
the City to perform duties as may be necessary to the enforcement
of this chapter, including the making of inspections and the holding
of hearings.
B.
Shall refer alleged violations of this chapter to such other public
officials, agencies or employees of the City who are responsible,
by law, for the inspection of said violations and the prosecution
thereof, and to require said responsible agencies or parties to make
such inspection and enforce this chapter by holding hearings and prosecuting
under the provisions provided by this chapter for hearings and prosecution.
All residential buildings and premises subject to this chapter
are subject to annual inspections and as the need arises by the enforcing
officer of the City. At the time of such inspections, all rooms in
the building and all parts of the premises must be available and accessible
for such inspections, and the owner, operator and occupant are required
to provide the necessary arrangements to facilitate such inspections.
Such inspections shall be made between 9:00 a.m. and 4:00 p.m. unless
one of the following conditions exists:
A.
The premises are not available during the foregoing hours for inspections.
B.
There is reason to believe that violations are occurring on the premises
that can only be apprehended and proven by inspections during other
than the prescribed hours or that require immediate inspection after
being reported, such as failure to supply heat.
C.
There is reason to believe a violation exists of a character that
is an immediate threat to health or safety, requiring inspection and
abatement without delay.
All nonresidential buildings and premises subject to this chapter
are subject to annual inspections and as the need arises by the enforcing
officer. At the time of such inspections, all rooms and parts of the
premises must be available and accessible for such inspections, and
the owner and operator are required to provide the necessary arrangements
to facilitate such inspections. Such inspections shall be made during
regular open hours of the business occupying said premises unless
there is reason to believe a violation exists of a character that
is an immediate threat to health or safety, requiring inspection and
abatement without delay.
Inspectors shall be supplied with official identification and,
upon request, shall exhibit such identification when entering any
dwelling unit, rooming unit or any part of any premises subject to
this chapter. Inspectors shall conduct themselves so as to avoid intentional
embarrassment or inconvenience to occupants.
A.
Where the Public Officer or his agent is refused entry or access
or is otherwise impeded or prevented by the owner or operator from
conducting an inspection of the premises, such person shall be in
violation of this chapter and subject to the penalties hereunder.
B.
Search warrant. In addition to the provisions of Subsection A, the Public Officer may, upon affidavit, apply to the Municipal Court Judge of the City of Camden 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 chapter exists on the premises, and, if the Municipal Court Judge is satisfied as to the matter set forth in said affidavit, he 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. Warrant for access may be issued by the Municipal Court Judge upon affidavit of the Public Officer establishing grounds thereof.
[Amended 12-10-2019 by Ord. No. MC-5232]
[Amended 5-8-2018 by Ord. No. MC-5111]
All person(s), corporations, associations, etc., who shall hold legal and/or equitable title to any premises situated within the City of Camden and who do not permanently reside within the County of Camden shall appoint an agent who resides within the County of Camden to assume full legal duties and responsibility to maintain and repair said premises under the provisions of this chapter and regulations promulgated thereunder. The owner shall register said agent as required under § 620-20. The agent shall be known as "operator" for purposes of this chapter. Failure to comply with the provisions of this section shall constitute a violation of this chapter punishable by the provisions of § 620-50.
The owner, operator or lessor of any premises in the City of
Camden in which there is rented or offered for rent space shall register
said premises with the Department of Code Enforcement, as follows:
A.
The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business if not the same
persons.
B.
If the record owner is a corporation, the name and address of the
registered agent and corporate officers of said corporation.
C.
The name and address of the managing agent of the premises, if any.
D.
The name and address, including the dwelling unit, apartment or room
number, of the superintendent, janitor, custodian or other individual
employed by the record owner or managing agent to provide regular
maintenance service, if any.
E.
The name, address and telephone number of an individual representative
of the record owner or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the premises, who
has the authority to make emergency decisions concerning the building
and any repair thereto or expenditure in connection therewith.
F.
If the record owner resides outside of New Jersey, the name and address
of the local agent appointed.
G.
Registration information will be forwarded to the office of the Municipal
Clerk.
H.
Any changes in the owner's information shall be reported immediately.
If there shall be more than one person or owner, operator and lessor, then separate or a single combined registration may be filed as said persons may elect, and provided further that, where there is a structure that has a combined residential and nonresidential use in which the residential occupancy is not by the owner and/or operator, then, notwithstanding the fact that less than three families live in said structure, the owner, operator and/or lessor shall nevertheless be required to register under the provisions of this section, and failure to do so shall constitute a violation and is punishable by the provisions of § 620-50.
The fees for activities and services performed by the Department
in carrying out its responsibilities under this chapter shall be as
indicated in the following schedule:
D.
Annual landlord registration application:
[Amended 10-14-2008 by Ord. No. MC-4431[1]]
(1)
Each unit: $25.
(2)
Penalty fee may be charged each time the applicant fails to appear
for a scheduled appointment: $90.
[1]
Editor's Note: This ordinance also provided that the
yearly renewal date shall be January 31 instead of January 1.
E.
Annual license fee to own a vacant lot, vacant building, or vacant
wharf, pier or dock:
[Amended 10-14-2008 by Ord. No. MC-4431]
(1)
Each unit: $35.
F.
Mixed-occupancy dwellings (annual and per occurrence):
G.
Occupancy permits, selling fee (applies to change of ownership only):
[Amended 10-14-2008 by Ord. No. MC-4431]
No person, firm, corporation or association shall manage, conduct or operate the business of keeping a rooming house, mixed-occupancy dwelling, boardinghouse or multiple dwelling, referred to hereunder as "establishments subject to licensing," without first securing a license therefor within the same time and manner provided, nor shall any owner permit, on premises owned by him, the operation of such an establishment without a license. Rooming and boarding houses are licensed by the Rooming and Boarding House Site Licensing Board; see Chapter 656.
A.
The $50 license fee is waived for a dwelling unit occupied by an
owner listed on the title deed to the property.
A.
The application for a license as required herein shall be submitted
in quadruplicate to the Department of Code Enforcement on forms prescribed
by the Public Officer, which forms shall require information concerning
occupancy standards, including the number of rooms to be used for
sleeping, the maximum number of persons that each room in the establishment
itself can accommodate, the location of all such rooms, the type and
location of bathrooms, exits and other facilities and the names and
addresses of all persons who will actually be in charge of the management
or conduct of the establishment and such further data as may be required
for the enforcement of this chapter. Where the applicant seeks a license
for an establishment based on a claim that the same constitutes a
lawful nonconforming use, the applicant shall state in the application
the name and address of the owner and operator, or, in the case of
a condominium or cooperative, the association or agent of the premises
on the date when the use, by reason of the zone change or variance,
first became nonconforming and the number of rooms and number of roomers
as of that date.
B.
The application shall be signed by the owner as well as the operator
and shall contain a certification of the truth of the information
continued therein by both the owner and the operator.
C.
Any false information shall constitute a violation of this chapter
and, in addition, grounds for revocation of any license pursuant thereto.
Any false information rendered knowingly and intentionally may, upon
complaint of the Public Officer, subject the party rendering it to
criminal prosecution.
D.
Outstanding debts owed to the City of Camden. No rental approvals
will be issued if property taxes are owed to the City of Camden. The
taxes must be paid in full or a payment agreement secured through
the Tax Office.
[Added 6-8-2006 by Ord. No. MC-4187]
Except as otherwise provided herein, the term of the license
shall be for one year from the date of issuance to the anniversary
date of the next succeeding year and shall be renewable annually.
The Director of Code Enforcement shall be responsible for enforcement
of this provision.
A.
Upon the submittal of an application for a license, the Department
of Code Enforcement shall transmit said application, along with all
copies, to the Public Officer. The Public Officer shall approve or
reject the application for a license.
B.
License may require fire escape or alarm. The Public Officer shall
determine whether or not the applicant must install a fire escape
and/or a fire alarm system. If the Public Officer determines that
installation of a fire escape and/or fire alarm system is required,
the Public Officer shall order the applicant to install the same.
The Public Officer shall inform the Fire Official by sending a memorandum
to said Fire Official along with a copy of the order to install. If
the applicant fails to comply with the order to install, the Public
Officer shall not approve the license.
Inspection of the premises for compliance with this chapter,
other ordinances of the City of Camden or laws of the State of New
Jersey shall be conducted by the Public Officer or those other persons,
agencies, departments, etc. who are responsible for proper inspection
as required by law.
A.
Upon approval of the license by the Public Officer, the Public Officer
shall submit the application and copies thereunder to the Division
of Inspections. The Public Officer shall set the appropriate license
fee as required by ordinance. The Division of Inspections shall file
the application and send copies to the Fire Official and other appropriate
parties. The Division of Inspections shall issue the license upon
payment of the license fee. No license shall be issued to the applicant
until the applicant renders the proper license fee.
B.
Upon rejection of the license by the Public Officer, the Public Officer
shall stamp the license application "rejected" and shall transmit
the application with copies to the Division of Inspections for filing.
C.
Prosecution for failure to obtain issuance of license. Upon receipt
of the application, the Public Officer shall be responsible for the
prosecution of the applicant for failure to obtain issuance of the
license.
D.
License issuance in accordance with zoning regulations. If, after
approval, the action of the Board of Adjustment is required under
the Zoning Ordinance, no license shall issue except in accordance
with the provisions of the Zoning Ordinance.
E.
Suspension, revocation and refusal of license or renewal. Notwithstanding the provisions of §§ 620-28 through 620-30, the Public Officer may refuse to certify said application for a license where the operator or any person or persons who shall be active management of the premises shall be unfit to perform the duties thereof by reason of having a record of convictions of a crime.
For the purposes of this chapter, if the Public Officer shall determine that the applicant has failed to meet the requirements of this chapter or any other ordinance of the City of Camden or laws of the State of New Jersey or that the applicant is unqualified pursuant to § 620-31, etc., or upon any suspension or revocation of license, the Public Officer shall send a written notice to the applicant setting forth his reason therefor. The applicant may thereupon correct any violation and apply for reinspection or submit a written request, within 10 days of the date of service of the notice, for a hearing to the Public Officer, in which request the applicant shall state the facts on which he will base his contention that the Public Officer's determination was in error. The Public Officer shall, within 30 days from the receipt thereof, provide, upon a minimum of five days' notice to the applicant, a hearing and render a decision thereon within 10 days thereafter. The Public Officer may in such decision affirm or reverse a previous determination or modify his determination and agree to approve said application or terminate the suspension or revocation upon compliance with specified conditions.
Upon determining that the premises are in violation of this chapter or any other ordinances of the City of Camden or laws of the State of New Jersey, at any time after a license is issued, the Public Officer shall require correction of said violation within 10 days by notice in writing to the owner and operator. Upon the failure to correct the violation within the time prescribed, the owner and operator shall be liable for the penalties for violations of this chapter prescribed in § 620-50. In addition thereto, the Public Officer may suspend, for a period of up to 12 months, the license issued for the premises for failure to correct the violations as aforesaid; provided, however, that if the owner or operator requests a hearing, no such suspension shall be effective until after a hearing and determination pursuant to § 620-30, which determination shall state reasonable terms and conditions upon which the suspension shall terminate or renewal shall be granted. If, within one year from the date of service of the notice of violation, the violation shall be repeated or remain unabated, the Public Officer may thereafter permanently revoke the license.
Any license issued hereunder shall cover the number of occupants
and units and that part of the premises described in the application
thereof.
The license issued hereunder shall be nontransferable, and no
person other than the licensee shall operate or be permitted by the
owner to operate the licensed premises. Where there is to be a change
of ownership or operation, application shall be made for a new license.
The applicant shall not be entitled to any refunds or any fees
paid hereunder by reason of the rejection of the application, the
suspension or revocation of any license or the transfer of ownership.
The licensee shall display the license in the vestibule, front
hallway or other prominent and public place at or near the front entrance
of the building during the entire period for which the license is
issued.
The issuance of a license shall constitute a certification that
the premises, as of the date of issuance, shall comply with this chapter
but shall not be construed to constitute a certification that the
premises comply with any other City ordinance or any state law, nor
shall it relieve any other official or public agency from enforcing
any applicable ordinance or law or other provision governing lodging
houses, mixed-occupancy dwellings, boardinghouses and multiple-dwelling
structures.
In all instances where any premises are to be leased or rented
for living quarters, either as rooming units, dwelling units or single-family
dwellings, before such premises may be leased or rented, it shall
be the duty of the landlord to obtain a certificate of rental approval,
which certificate shall verify that the premises in question meet
the standards of this chapter.
In any situation where there is a vacancy in any multiple-family
dwelling or single-family dwelling, the Chief Housing Inspector shall
issue a notice of vacancy whenever said vacancy is brought to his/her
attention. Before the same is relit, it will be necessary for the
landlord to obtain a certificate of rental approval.
A.
Permit required; exceeding maximum occupancy prohibited.
(1)
No owner, agent of an owner, broker, firm, company, partnership,
corporation, person or persons shall rent, transfer, receive, grant,
lease, let with right of occupancy, or occupy, whether or not for
consideration, a building, condominium, dwelling unit or apartment,
unless an occupancy permit is issued certifying that said building,
condominium, dwelling unit or apartment is in compliance with all
other ordinances of the City of Camden.
(2)
The owner of any residential property shall obtain an occupancy permit
prior to the sale of such property involving a new occupancy of any
unit of dwelling space, provided that no occupancy permit shall be
required for the sale of vacant properties but shall be required at
such time as a new occupancy occurs.
(3)
The owners and/or managers of every residential building and structure
in the City which is rented or leased shall register with the City
Clerk the names and addresses of the owner, lessor and agent in charge
of the premises residing in the municipality or county, together with
such other information the issuing agent shall require for the enforcement
of this chapter.
(4)
No owner shall rent or allow the occupancy of any dwelling unit overnight
by greater than the maximum number of occupants permitted for said
unit.
(5)
For purposes of this chapter, "owner" means the person who owns,
manages or exercises control of any residential rental property, including
an agent appointed by the owner, in writing, to manage the property
and tenants, where applicable, but shall not include any of the following:
(a)
A real estate agent, including a realtor, a New Jersey-licensed
broker or a New Jersey-licensed salesperson whose function is limited
to procuring purchasers and/or tenants on behalf of an owner.
(b)
A person whose function is limited to acting as a repository
for rents on behalf of an owner.
(c)
The registered agent set forth in § 620-39A(3) above, unless said registered agent has been designated by the owner in a separate writing to manage the property.
(6)
No occupancy permit shall be required on the rental of a dwelling
unit in a building containing multiple dwelling units which is owned
and operated by the United States, the State of New Jersey, or the
City of Camden Housing Authority so long as such respective governmental
entity enforces its own property maintenance code or otherwise regulates
and maintains the habitability standards of its rental units.
B.
Inspection required. Permits shall be issued only upon an inspection
by the Department of Code Enforcement finding that a dwelling unit,
apartment, rooming house or boardinghouse or any other space or place
of residence is in compliance with this Property Maintenance Code.
(1)
The issuing agent shall deny a permit if he or she determines that
a dwelling, apartment, or other place of residence is unfit for human
habitation, if he or she finds that conditions exist in such dwelling,
apartment or other place of residence which are dangerous or injurious
to the health, welfare or safety of the occupant or occupants thereof,
the occupancy of neighboring dwelling apartments or other structures
or to residents or the municipality. Such conditions may include,
without being limited to, defects increasing the hazard of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary
facilities; dilapidation, disrepair or structural defects; the presence
of lead-based paint hazards, as that term is defined in N.J.A.C. 8:51-2.4,
upon the exterior or interior of any dwelling; and uncleanliness.
If lead-based paint is detected, but is not currently in a hazardous
condition, the issuing agent shall report this condition to the owner
and the appropriate state, county or local enforcement agency for
their further action, which may include, among other things, the owner's
development of a maintenance plan to prevent the paint from becoming
hazardous, as well as notifying all present and future occupants of
the residence of the existence of lead-based paint at the residence,
pursuant to all applicable laws, rules and regulations.
[Amended 6-24-2008 by Ord. No. MC-4403]
(2)
The issuing agent shall complete action on an application within 10 business days after the application for an occupancy permit has been filed with the issuing agent. In the event that action is not completed within 10 days, the issuing agent shall immediately issue a temporary occupancy permit, provided that the failure to complete action on an application was not caused by the action or inaction of the owner. Said temporary occupancy permit shall allow occupation until such time as an inspection is performed and an occupancy permit is either issued or denied in accordance with the other provisions of this chapter. In the event of the denial of an occupancy permit after a temporary occupancy permit has been issued under this subsection, the owner is solely liable for correcting the violations or removing the residents within the required time period. If the issuing agent determines that the unit is unfit for human habitation, the owner shall be immediately liable for the enhanced penalties of Subsection H of this section.
(3)
In the event of denial of an occupancy permit or the issuance of
a conditional permit, a report listing the deficiencies of the dwelling
unit and applicable sections of the code shall be prepared and sent
to the applicant. The applicant shall have the right to appeal any
of the findings under the procedures already in place for the respective
code violations or other deficiencies found within 30 days of receipt
of the report, if a property maintenance violation, or within the
times provided by other respective chapters of the Camden Code as
required.
C.
Applications. Applications for permits shall be made in writing on
the forms prescribed by the issuing agent and shall state the name
and address of the owner, the name and address of the renting agent
and a description of the premises to be occupied, the street address,
the number of persons who shall occupy the property and such other
information as the issuing agent deems necessary for the enforcement
of this chapter.
D.
Fees.
(1)
The fee for the filing of an application for an occupancy permit
to sell a residential property shall be the sum of $40 per building
structure (residential) or $30 for each unit in buildings with two
or more dwelling units. Each reinspection shall be an additional fee
of $20 per dwelling unit.
(2)
The fee for filing of an application for an occupancy permit for
a rental shall be the sum of $30 per dwelling unit. Each reinspection
shall be an additional fee of $20 per dwelling unit.
(3)
No fee shall be required where the premises are owned by the United
States of America, the State of New Jersey, the City of Camden or
any of their political subdivisions.
E.
Multiple dwellings:
(1)
Hotels and motels are excluded from this chapter. An occupancy permit shall be obtained prior to the rental of any apartment contained within any hotel or motel or any multiple-dwelling building. Any changes of tenancy in the apartment would constitute circumstances for obtaining a new occupancy permit under Subsection A of this section.
(2)
Where there are one or more dwelling units or separately occupiable
space in a building, a separate occupancy permit must be obtained
for each said unit or space prior to occupancy.
(3)
A new occupancy permit is required for each apartment or dwelling
unit prior to a change of tenants.
(4)
In a building with multiple dwelling units or spaces where the common
elements have been inspected within the last six months, the issuing
agent may, upon his or her discretion, require only an inspection
of the dwelling unit itself which is to be rented or otherwise occupied.
(5)
Occupancy permits shall be required for the common elements of properties
with one or more occupied units and any occupied units in such property
on the sale of or transfer of a building containing multiple dwelling
units.
F.
Conditional permits.
(1)
The issuing agent may, in his/her discretion, not to be unreasonably
withheld, issue a conditional occupancy permit upon finding that only
minor violations exist, such as exterior or common area violations,
but which number and scope of violations and deficiencies do not so
seriously affect safety to prevent habitation for a limited time.
Such conditional permit may be issued for a period not to exceed 30
days, including extensions, permitting conveyance or rental upon the
express condition that the violation(s) are cured within the time
specified. The issuing agent shall not issue a conditional permit
if he or she finds that the City of Camden may become responsible
for relocation costs of occupants if the violations are not cured
or may require a bond to be posted in such amount that shall cover
relocation costs.
(2)
In addition to the above, conditional occupancy permits may be issued
for major exterior renovations of multifamily or high-rise buildings,
provided that the safety of the occupants and the public is not affected.
Major renovations shall include new windows on the entire structure,
new siding, painting of the entire structure, new electrical service
for the building or other such projects. However, in no case may the
amount of time, including extensions, exceed 90 days.
G.
Issuing agent.
(1)
The occupancy permit, and all other permits authorized by this chapter,
shall be issued by the Code Official. The Code Official shall be the
City official charged with enforcement of the Property Maintenance
Code.
(2)
The issuing agent shall have such powers as may be necessary to enforce
the provisions of this chapter, including the following:
(a)
To investigate the dwelling conditions in the City of Camden
in order to determine which dwelling(s), apartment(s), or other places
of residence therein are unfit for human habitation.
(b)
To administer oaths, affirmations, to examine witnesses and
to receive evidence.
(c)
To enter upon the premises for the purpose of making examination.
(d)
To delegate any of his or her functions and powers to such officers
and agents as he or she may designate or who may be designated as
subordinate to him or her by the City Code.
H.
Violations and penalties. Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-15.
[Amended 10-12-2006 by Ord. No. MC-4234]
I.
Reports. The Public Officer or his officer or agent shall, upon the
completion of an inspection, prepare a report of the same, which shall
be kept on file in his office for a period of five years from the
date of said inspection.
J.
Purpose. This chapter is enacted for regulation purposes and not
for revenue.
K.
Notices. Unless otherwise provided by this chapter or applicable
law, all notices required to be sent to any owner, lessor or agent
from the City shall be sufficient to said owner, lessor or agent if
posted upon a conspicuous place on the premises where the owner or
lessor has failed to register the premises and failed to designate
an agent or where such agent has been designated but cannot be found
at the address given.
L.
Supersedes prior enactments. In the event of a conflict between the
provisions of this chapter and any ordinance in effect on the date
of the enactment of this chapter, this chapter shall control; provided,
however, the provisions of this chapter shall be construed to repeal
those provisions providing for regular inspections of the same dwellings
or dwelling units.
M.
Inconsistency. All ordinances or parts of ordinance inconsistent
with the provisions of this chapter are hereby replaced as to such
inconsistency only.
Whenever an owner, operator, occupant, prospective purchaser,
mortgagee or prospective occupant shall apply to the Public Officer
for an inspection in order to ascertain if any section of this chapter
has been violated, the Public 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 inspection to
the applicant, indicating therein any violation of this chapter on
the premises. The applicant for such inspection shall state, in writing,
his full name, residence and the reasons and basis for which the inspection
is requested. The Public Officer may deny the application for failure
to comply with this requirement.
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 said premises, upon payment of the fee prescribed
herein, a copy of any such notice or order on any violation then pending
shall be sent to the applicant.
A.
No inspection report issued under § 620-40 or status report under § 620-41 shall be construed as providing a defense against any violation of this chapter or any other ordinance of the City that may be discovered thereafter, whether or not the condition or violation existed at the time of any such inspection or status report.
B.
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 chapter.
C.
The inspection or status report shall include only such matters as
are embraced in this chapter.
A.
The Department of Code Enforcement through the Director and those
persons assigned by the Director, the enforcement officials, shall
enforce the provisions of this chapter.
B.
Right of entry. The Director or the Director's designee is authorized
to enter the structure or premises at reasonable times to inspect,
subject to constitutional restrictions on unreasonable searches and
seizures. If entry is refused or not obtained, the Director is authorized
to pursue recourse as provided by law.
C.
Identification. The Director and the Director's designee shall
carry proper identification when inspecting structures or premises
in the performance of duties under this chapter.
D.
Notices and orders. The Director and the Director's designees
shall issue all necessary notices or orders to ensure compliance with
this chapter.
E.
Department records. The Director and the Director's designee
shall keep official records of all business and activities of the
Department specified in the provisions of this chapter. Such records
shall be retained in the official records as long as the building
or structure to which such records relate remains in existence, unless
otherwise provided for by other regulations.
Whenever in the enforcement of this chapter or another code
or ordinance the responsibility of more than one code official of
the jurisdiction is involved, it shall be the duty of the code officials
involved to coordinate their inspections and administrative orders
as fully as practicable so that the owners and occupants of the structure
shall not be subjected to visits by numerous inspector or multiple
or conflicting orders. Whenever an inspector from any agency or department
observes an apparent or actual violation of some provision of some
law, ordinance or code not within the inspector's authority to
enforce, the inspector shall report the findings to the Public Officer
having jurisdiction.
The repeal of any provisions of any other ordinances by this
chapter shall not affect any action for prosecution or abatement under
any such ordinance, notice, complaint or order issued by any officer
or agency of the City prior to the effective date hereof 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.
A.
The Public Officer is hereby empowered to promulgate such written
rules and regulations as may be necessary for the proper interpretation
and administration of the provisions of this chapter, provided that
such rules and regulations do not conflict with this chapter and conform
to the general standards prescribed by this chapter, and provided
further that, before any such rules and regulations are promulgated
by said Public Officer, they shall be reviewed and approved as to
substance and form completely by the Director of Code Enforcement,
and no rules and regulations promulgated by the Public Officer shall
be in force and effect without prior written approval of the aforementioned
Director.
B.
The Public Officer shall file copies of such rules and regulations
with the City Clerk, the City Engineer, and the City Fire Official
and shall make available in the Public Officer's office a copy
for inspection by members of the public during regular business hours.
Such rules and regulations shall have the same force and effect as
the provisions of this chapter, and the violations thereof shall be
enforced as violations of the express provisions of this chapter,
as herein provided.
C.
In addition to the foregoing and the provisions of this chapter notwithstanding,
the Public Officer shall be subject to such rules and regulations
as will, in the opinion of the designated Director of Code Enforcement,
be for the general welfare of the people of the City of Camden and
for the proper enforcement of the intent and purposes of this chapter.
A.
The Director of Code Enforcement shall have the power to withhold
strict enforcement of the requirements of this chapter upon written
application therefor by an owner, operator or occupant, after making
a determination that:
(1)
Any variation or modification of structure or use approved by the
Public Official will not, in any material way, alter the standards
of this chapter and cannot affect detrimentally the health or safety
of occupants of the premises or the health, safety or welfare of the
occupants or owners of adjacent premises or of the neighborhood;
(2)
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on the premises that would be substantially disproportionate to any
benefit to health, safety or welfare that might be derived therefrom;
(3)
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this chapter; or
(4)
Premises subject to this chapter are contemplated for acquisition
or are within an area where acquisition is contemplated by a public
agency having the power of eminent domain and that said premises will
be acquired within a period of two years and that the strict enforcement
of the provisions of this chapter would require the installation of
repairs and improvements estimated to exceed $300 in cost and that
there is an alternative means satisfactory to the Public Officer to
be used which will eliminate violations of this chapter constituting
hazards to the health, safety and welfare of the occupants of the
premises and persons in the immediate vicinity thereof; provided,
however, that any waiver of the provisions of this chapter permitted
under this subsection shall be canceled and the Public Official shall
enforce strictly this chapter if it shall be ascertained, subsequent
to the granting of the waiver, that the premises are, in fact, not
to be acquired for any public use or purpose.
B.
Upon denial of any such application, the owner, operator or occupant may request a hearing, which shall be held in accordance with provisions of § 620-52.
C.
Such application shall not constitute a defense of any violation
of the ordinance concerning which any proceedings are pending in the
Municipal Court when the application is filed, nor shall any variance
or modification allowed hereunder constitute a vested right against
any ordinance enacted hereinafter by the City Council compelling strict
enforcement of any provisions in this chapter.
Where variations or modifications of any section of this chapter
are approved by the Public Official or by action of any court, a written
record thereof, stating the name of the applicant, the address of
the premises, the variation or modification approved, the date of
approval and the reasons therefor, satisfying the provisions contained
herein, shall be prepared by the Public Official and filed both under
the section or sections of this chapter to which the variation or
modification applied and under the address of the premises, and such
files shall be available for public inspection in the office of the
Public Official during regular business hours.
A.
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this chapter, the Director of Code
Enforcement shall have the authority to grant modifications for individual
cases, provided the Director shall first find that special individual
reason makes the strict letter of this chapter impractical and the
modification is in compliance with the intent and purpose of this
chapter and that such modification does not lessen health, life and
firesafety requirements. The details of action granting modifications
shall be recorded and entered in the Department files.
B.
Alternative materials, methods and equipment. The provisions of this
chapter are not intended to prevent the installation of any material
or to prohibit any method of construction not specifically prescribed
by this chapter, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
where the Code Official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this chapter, and
that the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this chapter in quality,
strength, effectiveness, fire resistance, durability and safety.
C.
Required testing. Whenever there is insufficient evidence of compliance
with the provisions of this chapter, or evidence that a material or
method does not conform to the requirements of this chapter, or in
order to substantiate claims for alternative materials or methods,
the Code Official shall have the authority to require tests to be
made as evidence of compliance at no expense to the jurisdiction.
D.
Test methods. Test methods shall be as specified in this chapter
or by other recognized test standards. In the absence of recognized
and accepted test methods, the Department head shall approve testing
procedures.
E.
Testing agency. All tests shall be performed by an approved agency.
F.
Test reports. Reports of tests shall be retained by the Code Official
for the period required for retention of public records.
G.
Material and equipment reuse. Materials, equipment and devices shall
not be reused unless such elements are in good repair or have been
reconditioned and tested, when necessary, placed in good and proper
working condition and approved.
[Amended 10-12-2006 by Ord. No. MC-4234]
Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-15.
A.
Notice to owner or to person or persons responsible. Whenever the Public Officer determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in Subsections B and C.
B.
Form. Such notice prescribed in Subsection A shall be in accordance with all of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice
is being issued.
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this chapter.
(5)
Inform the responsible party of the date scheduled for hearing before
the Municipal Court of the City of Camden.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
D.
Service of notice. Where the owner, operator or lessor has failed to register the premises as required under § 620-20 or if the premises have been registered and the agent designated therein cannot be found at the address given in the registration, the owner, operator or lessor affected thereby may be served by posting notice upon the premises in a conspicuous place.
E.
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 620-50.
F.
Transfer of ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of such dwelling unit or structure
to another until the provisions of the compliance order or notice
of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Public Officer
and shall furnish to the Public Officer a signed and notarized statement
from the grantee, transferee, mortgagee or lessee acknowledging the
receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
A.
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 Public Officer. Such
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 that are to be disputed at the
hearing.
B.
The Public Officer, 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.
A.
At any hearing provided hereunder, the Public Officer 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 subpoena and to
require, by subpoena, the production of books, records or other documents
at any time for such hearing which may be pertinent to matters to
be determined by him and to enforce any such subpoena as provided
by law.
B.
Determination shall be made within 10 days from the completion of
the hearing, and such determination shall be made either incorporating
the determinations and directions contained in the notice, modifying
the same or withdrawing the notice.
A.
The Public Officer may extend the time for correction or abatement
of the violations for an additional period of time not to exceed 30
days.
B.
The Public Officer may extend the time for correction or abatement
of any violations where said violations are for capital improvements
or renovations, in which instance the time for completion may be extended
for periods up to 90 days at a time, but for a maximum period not
to exceed one year.
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat of life and
limb unless abated without delay, the Public Officer may either abate
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. Such order for abatement may include,
but not be limited to, the boarding up and securing of vacant buildings
and the eliminating of such other conditions as are determined to
constitute an immediate threat to life, limb and the health and safety
of the community. Upon failure to do so, the Public Officer shall
take reasonable steps to abate the condition immediately thereafter.
Where any violations or conditions exist that constitute an
immediate threat to life and limb and the health and safety of the
community, unless abated without delay, the Public Officer may proceed
directly by complaint in Municipal Court against the violating parties,
notwithstanding the procedure set forth previously with respect to
the matter of proceeding in said abatement of said violations.
A.
Where abatement of any nuisance, as defined herein, correction of
a defect in the premises or bringing the premises into compliance
with the requirements of any municipal ordinance or state law applicable
thereto requires expending City moneys therefor, the Public Officer
shall present a report of work proposed to be done to accomplish the
foregoing to the City Council, with an estimate of the cost thereof
along with a summary of the proceedings undertaken by the Public Officer
to secure compliance, including notices served upon the owners, operators,
lessors or agents, as the case may be, and hearings and orders of
the Public Officer with reference thereto.
B.
The City Council may thereupon, by resolution, authorize the abatement
of the nuisance, correction of the defect or work necessary to place
the premises in proper condition and in compliance with ordinances
of the City and laws of the state.
C.
The Public Officer may thereafter proceed to have the work performed
in accordance with said resolution at City expense, not to exceed
the amount specified in the resolution, and shall, upon completion
thereof, submit a report of the moneys expended and costs to the City
Council. After review of the same, the City Council may approve said
expenses and costs, whereupon the same shall become a lien against
said premises, collectible as provided by law.
D.
After review and approval of the expenses and costs by a resolution
of City Council, said costs and expenses shall become the obligation
of the owner or other responsible party. The City may pursue reimbursement
by filing a civil action against the owner or other responsible party
or by filing a lien in the amount of the expenses and cost, or both,
with the Tax Collector. The Tax Collector shall be responsible for
the collection of any liens filed with the said Tax Collector.
Any violation of any ordinance other than this chapter discovered
by a Housing Inspector shall be reported to the Public Officer, who
shall refer the alleged violation to the official or agency responsible
for the enforcement of such other ordinance.
Where there exists a violation of occupancy standards hereunder,
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 said notice, shall commence within such 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 aforesaid is pending in the court
and is prosecuted expeditiously and in good faith.
A.
Notwithstanding the requirements of § 620-51D, violations of the following sections may be prosecuted without notice of violation by the filing of a complaint by the Public Officer in the Municipal Court.
B.
No notice shall be required on the enforcement of § 620-78 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 such snow or ice remains uncleared within eight hours of daylight after the termination of the snowfall.
C.
Where the Public Officer, after hearing, shall determine that there
was a violation and a notice was served upon the owner, operator or
occupant, whether or not said 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 that
same provision of this chapter discovered on the same premises, the
offender may be prosecuted on the second violation without the Public
Officer first giving notice and opportunity for a hearing to the owner,
operator or occupant by the filing of a compliant in the Municipal
Court.
D.
Where the Public Officer 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 hereon, 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 of the same sections or of any other
sections of this chapter, he may thereupon prosecute the offender
by filing a complaint in the Municipal Court for said third or subsequent
violation occurring within said period of one year without first providing
notice and opportunity for a hearing by the Public Officer in the
Municipal Court.
For the purposes of enforcement of this chapter, 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 said
violations are abated in conformity with this chapter and the other
applicable ordinances of the City of Camden.
In addition to other remedies provided herein, where the Public Officer has issued an order requiring the abatement of the nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the City and laws of the state applicable hereto and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the Public Officer may, for the purposes of correcting any of the foregoing conditions, act as custodian of any building or structure subject to registration hereof and may, as custodian, enter into and take charge of the premises and supervise the abatement of any nuisance, correction of defect or placing of the premises in compliance with municipal ordinances and state laws. For the performance of the duties of custodian, the City of Camden shall receive for the services, from the owner, operator or lessor of the premises, compensation approved by the City Council, not to exceed $50 a day in costs and expenses, the same to be certified and collected as provided in § 620-57 hereof.
A.
Receiver upon failure to comply.
(1)
Where the owner, operator or lessor of the building is required to
register, and violates this chapter or any other municipal ordinance
pertaining to said structure or fails to abate any violation of this
chapter or violates an order of the Public Officer with respect thereto,
the Public Officer, upon resolution duly approved by the City Council,
may commence an action in the Superior Court seeking appointment of
the Public Officer as receiver ex officio of the rents and income
from said property.
(2)
Said rents and income shall be collected by said receiver and shall
be expended and allotted to secure compliance with the ordinances
of the City and laws of the state as set forth in the order of the
Public Officer, to be utilized to defray such costs and expenses of
the receivership as may be adjudged by the Superior Court and to be
applied towards payment to the City of Camden of any fines or penalties
with costs that may have been imposed on the owner, operator or lessor
for violation of the ordinances of the City of Camden that have remained
unpaid.
B.
Appointment of agent. The Public Officer, when acting as receiver
as heretofore provided, may, when authorized by resolution of the
City Council, appoint as agent the holder of any first mortgage upon
the premises if such mortgagee or assignee of the mortgage is a proper
person and is willing to accept such appointment to serve as agent
to the receiver for the purpose of collecting rent and income from
the premises and to manage the same. If there is no first mortgagee
or assignee of the mortgage or if such person is unsuitable or unqualified
for performing duties as set forth herein or unwilling to accept appointment,
the City Council may, by resolution, upon recommendation of the Public
Officer, designate some other person to perform the aforesaid duties
and functions. Said agent shall account promptly to the receiver for
the rents and income so collected; provided, however, that if the
mortgagee or other person so designated is derelict in collecting
or accounting for such rents and income or in the management of such
real property, the receiver shall apply to the Court for the removal
of such designated mortgagee or other person, upon notice in writing
to him. The Court, upon removing such designated mortgagee or other
person, in its discretion, may designate another person to collect
the rents and income from such real property and manage the same and
account to the receiver for the rents and income of such real property
as aforesaid.
C.
Compensation of receiver and counsel. In any such receivership, no
fees shall be allowed the receiver or his counsel for acting as such
receiver or counsel.
D.
Receivership procedure. Except as otherwise provided herein, the
procedure in respect to any such receivership provided by this chapter
shall be, as in the case of receivership, to secure the payment of
delinquent taxes, penalties, interest, costs and expenses.
E.
Interference with duties of City officers. Where the Public Officer
has assumed responsibility as custodian or the City Council, pursuant
to this chapter, has designated a receiver, any interference with
or refusal to comply with the requests of said officers in the performance
of their duties as provided herein shall constitute a violation of
this chapter.
Any person aggrieved by an order issued by a Public Officer
under this chapter may, within 60 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the Public Officer
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the Public Officer.
Nothing in this chapter shall be construed to impair the powers
of the courts or of any department of the City of Camden to enforce
any provisions of its charter or its ordinances or regulations nor
to prevent or punish violations therefor, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred by any other law.
The removal, destruction, defacing or mutilation of any public
notice posted on any premises under the provisions of this chapter
and pursuant thereto shall constitute a violation of this chapter.
A.
General. When a structure or equipment is found by the Public Officer
to be unsafe, or when a structure is found unfit for human occupancy
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this chapter.
B.
Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation
that partial or complete collapse is possible.
C.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
D.
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the Public Officer finds that such structure is
unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is unsanitary, vermin or rat
infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by this chapter, or because the location of the structure
constitutes a hazard to the occupants of the structure or to the public.
A.
The Public Officer, on his own or upon the filing of a petition by at least five residents charging that a building is unfit for human habitation or use, shall make an inspection of any building believed to be unfit for human habitation or use and shall make a preliminary finding in accordance with the standards provided herein, as to whether or not the premises are unfit for human habitation or use. If so, he shall, except where § 620-73 applies, thereupon serve a notice upon the owner, operator and occupant advising all such parties of the results of his inspection and the basis for his determination, setting a date for a hearing not less than 10 nor more than 30 days from the date of service of the last notice to be served.
B.
Factors for findings of unfitness. In making a determination of whether
a building is unfit for human habitation or use, the Public Officer
shall determine whether, by reason of violations of this chapter existing
in the building or on the premises, continued occupancy of the building
will endanger and jeopardize the health and safety of the occupants
or persons in the vicinity of the premises, and to that end, he may
consider, among other factors:
(1)
Whether the premises are so structurally defective that there is
a risk of collapse or of loose materials falling and injuring persons
in and around the building.
(2)
Whether, by reason of inadequate ventilation, there is a danger of
communicable diseases being contracted and spread in and among the
occupants or persons in the vicinity of the premises.
(3)
Whether, by reason of infestation or defective condition of plumbing
or the lack of maintenance of halls, floors, walls or other parts
of the premises, conditions exist that are conducive to the contracting
and spreading of diseases.
(4)
Whether, by reason of electrical wiring, conduits or equipment, heating
or cooking facilities or lack of proper means of egress, there is
a danger of fire or, in the case of fire, inadequate means of egress.
(5)
Whether premises are deficient in one or more essential utilities,
including public sewer, water supply or electricity.
(6)
Where premises were not designed or constructed for human habitation,
whether, by reason of the same, occupancy constitutes an unnecessary
hazard to safety or health.
After the holding of a hearing as prescribed in § 620-52, the Public Officer shall make a determination as to whether the building is unfit for human habitation or use and, thereupon, he shall make an order based on an evaluation of health and safety factors in the use of the premises, as follows:
A.
That occupancy of all or part of the building be permitted for a
limited period of time, not to exceed 30 days, upon condition that
all violations recited in the order are corrected or abated within
that time and, if not corrected or abated, that the premises be vacated
within 10 days thereafter.
B.
That the building or any part thereof be ordered vacated within a
specified period, not to exceed 30 days, be boarded up and signs or
notices that occupancy is prohibited be posted prominently at all
the entrances of the building and that the order continue in effect
until the conditions are abated and the order revoked as provided
herein. The order may prohibit occupants from paying and the owner
and operator from receiving rent or other compensation for use and
occupancy while it remains in effect.
C.
By reason of the complete state of disrepair and the disproportionate
investment required to restore the building to habitable condition
and the danger that the premises constitute, even while vacant, a
threat to the health or safety of persons on or near the premises,
that the improvement of the building is impractical and continuance
of the building vacant constitutes a danger to the health, safety
and well-being of the neighborhood, whereon the building is to be
ordered vacated and demolished within a period of time not to exceed
60 days, unless the owner, after having the premises vacated, consents,
where no emergency exists, in writing, to rehabilitate the building
so that it complies in all respects with this chapter within six months
and provides, if required by the Public Officer, a performance bond
guaranteeing that the work be done or unless the owner, if the Public
Officer deems it feasible without jeopardizing public health and safety,
agrees with the Public Officer to put the premises up for sale on
terms, conditions and limitations that would provide a reasonable
expectancy of securing the rehabilitation of the building thereon
within a reasonable period of time and further agrees that, if a sale
does not occur within the time specified, the Public Officer may thereafter
demolish the building without further notice or proceedings.
Where premises are ordered vacated, all doors to the exterior shall be locked, and the first story and/or basement and cellar windows shall be barred or boarded to prevent entry. Where an order is issued under § 620-68 it shall be served on all persons affected thereby, pursuant to § 620-51. When the conditions of the violations complained of are corrected, the owner or occupant affected thereby may request a reinspection, which shall be provided upon the payment of a reinspection fee prescribed under § 620-22. Based on the reinspection, the Public Officer shall issue a further order that shall either revoke the previous order and permit occupancy or state such further conditions or time limits during which additional repairs or improvements are to be made before occupancy is again permitted or order vacation and demolition as in § 620-68. Upon compliance with the conditions contained in any order, the Public Officer shall permit the signs to be removed and the premises made available again for occupancy.
Where the owner, operator or occupant fails to comply with an
order hereunder, fails to perform in accordance with any written commitment
as provided herein or removes any notice posted pursuant hereto or
any lock or bar without the permission of the Public Officer, he shall
be deemed in violation of this chapter and subject to the penalties
provided herein. In addition thereto, the Public Officer may take
such steps as may be necessary to compel vacation and boarding up
of any premises and may post signs prohibiting occupancy. Upon failure
to comply with any such order, the premises shall constitute a public
nuisance, and the Public Officer may take such further action under
the criminal and civil laws of this state through any court of competent
jurisdiction as may be necessary to remove or abate the nuisance.
A.
Where the Public Officer makes a preliminary finding that conditions on the premises constitute an immediate and substantial threat to the safety or health of occupants or persons in proximity to the premises or that the premises is unfit for human occupancy, he may order and direct that the premises be vacated immediately and that signs or notice be posted prohibiting occupancy thereof and the premises be locked and boarded up as provided in § 620-69. Any party aggrieved thereby may, within 10 days thereafter, make a request for a hearing in accordance with § 620-52, and upon holding a hearing as provided herein and the making of a determination that the premises are fit for human occupancy or that the premises, upon the removal of certain specified conditions, will become again fit for human occupancy, the order may be rescinded or modified and the signs, bars and locks, as provided herein, removed when the premises are again fit for human habitation and the specified conditions, if any, are satisfied.
B.
In all cases wherein the Public Officer must make a determination
of the provisions of this section, if, in his opinion, it is necessary
to obtain expert opinion as to the fitness of the structures involved
in accordance with the requirements set forth in this section, then
the Public Officer shall have the right to call in such expert opinion
from within the City Building Department or City Engineer's office
as shall be necessary to provide the Public Officer with the information
required to make a proper determination; and provided, further that,
in all cases where major structural defects are in question or in
all cases where a proposed order of demolition is to be entered, the
Public Officer shall seek the expert opinion of a member of the City
Building Department or the City Engineer's office before making
such determination.
A.
All complaints or orders issued by the Public Officer shall be served
upon persons affected either personally or by registered or certified
mail, but if the whereabouts of such persons is unknown and the same
cannot be ascertained by the aforesaid Public Officer in the exercise
of reasonable diligence, said Public Officer shall make an affidavit
to that effect and then may be authorized to serve such complaint
or order upon such person by publication of the same once each week
for two successive weeks in a newspaper circulated and published in
the City of Camden or, in the absence of such newspaper, in one printed
and published in the County of Camden and circulating in the City
of Camden. A copy of such complaint or order shall be posted in a
conspicuous place on the premises affected by the complaint or order
and shall be recorded duly in the office of the Register of Deeds
of Camden County.
(1)
Wherein the addressee refuses to claim or accept delivery of registered or certified mail, service may be made by ordinary mail addressed to him or her (addressee). The address shall be the address provided by the owner on the registration statement filed pursuant to § 620-20.
(2)
Wherein property is owned jointly by husband and wife, service of
complaint and order shall be in the name of both husband and wife
or the name of husband, et ux.
(3)
Wherein the premises is owned by an unincorporated association or partnership, service shall be made as prescribed in Subsection A(1) on an officer, a managing or general agent or, in the case of a partnership, also a partner.
(4)
Wherein premises are owned by a corporation, service shall be made as prescribed in Subsection A(1) on either an officer, a director, a trustee, a managing or general agent or any person authorized by law to receive service of process on behalf of the corporation or the person at the registered office of the corporation in charge thereof. If service cannot be made upon any of the foregoing, then it may be made upon the person at the principal place of business of the corporation in this state in charge thereof or, if there is no place of business in the state, then upon any servant of the corporation within the state acting in the discharge of his duties.
(5)
Whenever the Public Officer has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 620-51C and D. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 620-51.
(6)
Upon failure of the owner or person responsible to comply with the
notice provisions within the time given, the Public Officer shall
post on the premises or on defective equipment a placard bearing the
word "condemned" and a statement of the penalties provided for occupying
the premises, operating the equipment or removing the placard.
(7)
Any person who shall occupy a placarded premises or shall operate
placarded equipment, and any owner or any person responsible for the
premises who shall let anyone occupy a placarded premises or operate
placarded equipment, shall be liable for the penalties provided by
this chapter.
(8)
The Public Officer shall remove the condemnation placard whenever
the defect or defects upon which the condemnation and placarding action
were based have been eliminated. Any person who defaces or removes
a condemnation placard without the approval of the Public Officer
shall be subject to the penalties provided by this chapter.
(9)
It shall be the responsibility of the owner to notify the Public
Officer when a vacant building is purchased and/or when an occupied
building becomes vacant and is no longer available for sale or rental
or is available for sale or rental and is vacant for more than 30
days.
(10)
It shall be the responsibility of the owner to adequately secure
any vacant building to prevent unauthorized entry or use.
(11)
The provisions of the chapter shall apply to residential and
nonresidential structures.
(12)
It shall be the responsibility of the property owner when a
property is vacated to have the water turned off and all water meters
removed.
(13)
It shall be the responsibility of the property owner to obtain
a vacant property license.
A.
Imminent danger. When in the opinion of the Public Officer there
is imminent danger of failure or collapse of a building or structure
which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the Public
Officer is hereby authorized and empowered to order and require the
occupants to vacate the premises forthwith. The Public Officer shall
cause to be posted at each entrance to such structure a notice reading
as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited
by the Public Officer." It shall be unlawful for any person to enter
such structure except for the purpose of securing the structure, making
the required repairs, removing the hazardous condition or of demolishing
the same.
B.
Temporary safeguards. Notwithstanding other provisions of this chapter,
whenever in the opinion of the Public Officer there is imminent danger
due to an unsafe condition, the Public Officer shall order the necessary
work to be done, including the Boarding up of openings, to render
such structure temporarily safe whether or not the legal procedure
herein described has been instituted, and shall cause such other action
to be taken as the Public Officer deems necessary to meet such emergency.
C.
Closing streets. When necessary for public safety, the Public Officer
shall temporarily close structures and close, or order the authority
having jurisdiction to close, sidewalks, streets, public ways and
places adjacent to unsafe structures, and prohibit the same from being
utilized.
D.
Emergency repairs. For the purposes of this section, the Public Officer
shall employ the necessary labor and materials to perform the required
work as expeditiously as possible.
E.
Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid by the jurisdiction. The legal counsel
of the jurisdiction shall institute appropriate action against the
owner of the premises where the unsafe structure is or was located
for the recovery of such costs.
F.
Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon
petition directed to the Appeals Board, be afforded a hearing as described
in this chapter.
A.
The Public Officer shall order the owner of any premises upon which
is located any structure which in the Public Officer's judgment
is so old, dilapidated or has become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy,
and such that it is unreasonable to repair the structure, to demolish
and remove such structure; or if such structure is capable of being
made safe by repairs, to repair and make safe and sanitary or to demolish
and remove, at the owner's option; or where there has been a
cessation of normal construction of any structure for a period of
more than two years, to demolish and remove such structure.
C.
Failure to comply. If the owner of a premises fails to comply with
a demolition order within the time prescribed, the Public Officer
shall cause the structure to be demolished and removed, either through
an available public agency or by contract or arrangement with private
persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
D.
Salvage materials. When any structure has been ordered demolished
and removed, the governing body or other designated officer under
said contract or arrangement aforesaid shall have the right to sell
the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of
such sale or transaction, including the items of expense and the amounts
deducted, to the person who is entitled thereto, subject to any order
of a court. If such a surplus does not remain to be turned over, the
report shall so state.
A.
Application; notice of hearing. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this chapter without having right of access to the building or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused, the owner, operator or occupant, or where the owner or person responsible for granting permission cannot be found or located, then, upon filing of an affidavit setting forth the facts with the Public Officer, the Public Officer shall serve a five-day written notice of a hearing, in accordance with the provisions for service contained in § 620-51, upon the owner, operator or occupant of any adjoining premises affected by the application.
B.
Hearing. On the day fixed for hearing, the Public Officer shall provide
opportunity for the owner, operator or occupant of the adjoining property
or properties to state why access should not be granted across said
adjoining properties.
C.
Certificate of necessity. If the Public Officer determines that access
is necessary to accomplish or complete repairs or improvements necessary
for compliance with this chapter, then the Public Officer shall issue
a certificate of necessity, setting forth therein the person or persons
to whom the certificates shall apply, such conditions as shall be
necessary to protect the adjoining property, reasonable time limits
during which such certificate shall operate, precautions to be taken
to avoid damage and, where the Public Officer deems proper, that a
bond be procured at the expense of any of the persons seeking access
to secure the adjoining property against damage to persons or property
arising out of such rights of access. The amount of the bond shall
take into consideration the extent, nature and duration of the repairs,
the proximity of the improvement on the premises affected, and the
potential risk of damage to person or property. The bond shall be
filed with the Public Officer.
D.
Refusal to comply. Any refusal to comply with this chapter or any interference with access to premises pursuant to a certificate issued hereunder shall be a violation of this chapter and, in addition to penalties provided hereunder, the Public Officer may, upon affidavit, apply to the Magistrate for a warrant, under the procedure set forth in § 620-18B, authorizing access to the premises under appropriate conditions and circumstances as provided under Subsection C.
