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Borough of Bellmawr, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Bellmawr as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, weeds and debris — See Ch. 146.
Unfit buildings — See Ch. 151.
Uniform construction codes — See Ch. 170.
Fire prevention — See Ch. 222.
Littering — See Ch. 270.
Rental property — See Ch. 344.
Vacant property — See Ch. 347.
Solid waste — See Ch. 382.
Trees — See Ch. 427.
Abandoned vehicles and equipment — See Ch. 433.
Public health nuisances — See Ch. 488.
[Adopted 8-22-2013 by Ord. No. 07:10-13]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code, 1980 Revision (N.J.A.C. 5:28-1.1 et seq.), as approved by the New Jersey Department of Community Affairs, Division of Housing, and filed with the Secretary of State, is hereby accepted, adopted and established as the standard to be used in determining whether dwellings in the Borough of Bellmawr are safe, sanitary and fit for human habitation and rental. Three copies of the New Jersey State Housing Code, 1980 Revision, are on file in the Borough Clerk's office and are available to all persons desiring to use and examine the same.
The State Housing Code adopted in § 341-1 is hereby amended by the addition of the following sections:
A. 
Section 10.10, Duties and responsibilities of owner and operator, is added to read as follows:
10.10. Duties and responsibilities of owner and operator.
1.
Maintenance of exterior of premises free of hazards and unsanitary conditions.
a.
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards, which include but are not limited to the following:
(1)
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
(2)
Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitutes a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhanging objects. Loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
(4)
Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired.
2.
Appearance of exterior of residential premises and structures. The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the residential standards of the neighborhood or such higher standards as may be adopted as part of a plan of urban renewal by the Borough of Bellmawr and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values, including the following:
a.
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under the Zoning Ordinance for the premises.
b.
Landscaping. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property and impairing the good residential character of the neighborhood.
c.
Signs. All signs permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair, and printed matter, pictures or illustrations contained thereon shall be completely maintained or, when no longer in use, completely removed.
B. 
Section 10.11 is added to read as follows:
10.11. The owner of any property under order by the public officer to repair or demolish said property shall not convey such property to a new owner without first notifying the public officer. The new owner shall comply with the order of the public officer as served upon the seller of said property and shall not occupy said building or premises until the order of the public officer is obeyed and a certificate of occupancy is issued by the public officer.
C. 
Section 12.5, Obstructions, is added to read as follows:
12.5. Obstructions. The front, side and back yard, the driveway, walks or other parts of the outside premises of any building or any lot on which no building is located shall not contain any boxes, barrels, sticks, stones, bricks, bottles, cans, metal drums, iron pipe, old sheet metal, old furniture, unused motor vehicles and boats, auto parts, old tires, unused bicycle or parts, filth, junk, rubbish, trash, debris, old lumber or firewood, unless such lumber or firewood is neatly stacked and not more than five feet in height or piled on supports at least eight inches above the ground and stored not less than one foot from the property line, nor shall the grass or weeds on such premises be allowed to attain a growth of more than 10 inches. Shrubs and flowering woody plants shall be kept under control and shall not be allowed to grow beyond the boundaries of the premises on which a building is located. Various and sundry shacks and outhouses, including tool houses, storage sheds and garages, shall be repaired or improved so that they shall be aesthetically acceptable or shall be demolished. Every fence which wholly or partially encloses a premises on which a building is located must be maintained in a manner that is aesthetically acceptable and shall not have broken posts, broken supporting members nor holes or voids in such fence.
The Construction Official and Board of Health are hereby designated as the officer and body to exercise the powers prescribed by this article, provided that the Borough Council may, by resolution duly adopted at any time subsequent to the passage of this article, designate or appoint one or more public officers to aid the Construction Official and Board of Health or to act in their stead for the better enforcement of the provisions of this article.
[1]
Editor's Note: Throughout this chapter, "Construction Code Official" was amended to "Construction Official" at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In case the owner, operator and/or occupier of any such land shall refuse, neglect to or fail to comply with any provision of this article within five days after the first notice of a violation or three days after a second or subsequent violation thereof, the Director of Public Works may remove the same or cause the same to be removed under his direction.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Written notice shall be served upon any such person who owns, operates or occupies a premises by first-class mail to the property address or the owner's address as listed with the Bellmawr Tax Collector, describing the condition of the premises and demanding that the condition be abated within five days of the date of said notice, or an appropriate complaint shall be filed of a violation of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In the event that personal service of the written notice cannot be made, service shall be accomplished by posting said notice in a conspicuous place on the premises.
Where the owner, operator and/or occupier shall refuse and/or neglect to correct the violation(s) within five days after the date of the notice as referenced in § 341-5 of this article, or upon the expiration of five days following posting of notice as provided in § 341-6 of this article, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in § 341-5 of this article, or upon the expiration of three days following posting of notice as provided in § 341-6 of this article, the Borough may correct or cause the violation(s) to be corrected, at the expense of the owner, operator and/or occupier of the property.
Where the owner, operator and/or occupier refuses and/or neglects to correct the violation(s) within five days after receipt of notice as referenced in § 341-5 of this article, or upon the expiration of five days following posting of notice as provided in § 341-6 of this article, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in § 341-5 of this article, or upon the expiration of three days following posting of notice as provided in § 341-6 of this article, and the Borough is required to take corrective measures as referenced in § 341-7 of this article, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property for a period of 120 days from the expiration of five days following posting of notice as provided in § 341-6 of this article.
In all cases where such conditions are abated by the Borough of Bellmawr pursuant to § 341-7 of this article, the Director of Public Works, or his designee, shall certify the cost thereof to the Council of the Borough of Bellmawr, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon such land and shall be added to and become a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the Borough of Bellmawr Tax Collector.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Whenever the Construction Official finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but upon petition to the Construction Official shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Construction Official shall continue such order in effect or modify it or revoke it.
The Construction Official is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this article, provided that such rules and regulations shall not be in conflict with the provisions of this article nor in anywise alter, amend or supersede any of the provisions thereof. The Construction Official shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Borough Clerk.
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
A. 
All buildings or structures used, occupied or offered for occupancy as dwelling units or as apartments on a lease or rental basis shall be inspected by the Construction Official or his representative on every initial occupancy, change in ownership or change of occupancy after the effective date of this article.
B. 
No owner, agent, broker or person shall sell, rent or lease or allow any person or persons to occupy or live in, as an owner, tenant or otherwise, any dwelling unit or apartment unless a certificate of occupancy certifying that the dwelling unit or apartment is fit for human habitation and that the dwelling unit or apartment is in compliance with all other ordinances of the Borough of Bellmawr shall have first been obtained from the Construction Official or his representative.
C. 
Approval or disapproval for occupancy shall be based on applicable Borough ordinances and laws of the State of New Jersey and shall include but not be limited to such conditions as those included in this article and in Article 19, Maintenance, of the Regulations for the Construction and Maintenance of Hotels and Multiple Dwellings, as promulgated by the State of New Jersey, Department of Community Affairs, adopted July 19, 1968, and amendments thereto.
D. 
In addition to the requirements for a certificate of occupancy hereinabove set forth in Subsection C, each dwelling unit shall have installed and operable one smoke detector located within 10 feet of each sleeping area. All smoke detectors shall be of the approved type and tested by Underwriters' Laboratories, Inc., or other recognized testing agency and be of the ionized or photoelectric type unit. All smoke detectors shall be audible at 10 feet at a minimum sound intensity of 85 decibels. This subsection shall apply to all one- and two-family dwellings that do not meet the minimum life safety requirements of the Uniform Construction Code of the State of New Jersey.
E. 
The owner of the subject property or agent, broker or person in charge of said property shall be responsible to make written application for inspection. The Construction Official or his representative, within five working days of the receipt of such application, shall make such inspection and, upon determining that this article and all applicable laws which the Borough is empowered to enforce have been complied with, shall issue a certificate of occupancy permitting occupancy of the inspected dwelling unit. Such certificate of occupancy shall indicate that compliance has been met.
F. 
If, upon inspection by the Construction Official or his representative, the dwelling unit is found not to be in compliance, the owner shall thereupon be notified in writing within 72 hours of such noncompliance, with such written notification specifically setting out those violations requiring correction.
G. 
Upon correction of the violation(s), the owner shall notify the Construction Official in writing, who shall, within five days, reinspect the required correction(s). This procedure shall be followed until all violations have been corrected, at which time a certificate of occupancy shall issue.
H. 
The owner making application shall be charged a fee as provided in Chapter 210, Fees, for the initial inspection and issuance of the certificate of occupancy for each dwelling or rental unit inspected and a fee as provided in Chapter 210, Fees, for the third reinspection required.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
All rental properties are required to comply with Chapter 344, Property, Rental, of the Borough Code.
J. 
The penalty for failure to obtain a certificate of occupancy as provided herein shall be as set forth in § 341-14.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person who shall violate any of the provisions of this article or any order promulgated hereunder shall, upon conviction, be punished by a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, and each violation of any of the provisions of this article and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 8-22-2013 by Ord. No. 07:11-13]
This article shall be known as the "Commercial Maintenance Code of the Borough of Bellmawr" and is referred to in this article in the short form as "this code."
The purpose of this code is to protect the public health, safety and welfare by establishing minimum standards for the maintenance of commercial premises hereinafter defined; to fix responsibilities and duties upon owners, operators and occupants; to authorize and establish procedures for the inspection of such premises; to fix penalties for the violations of this code; and to provide for the right of access to permit repairs when necessary. This code is hereby declared to be remedial and essential for the public interest, and it is intended that this code be liberally construed to effectuate the purposes as stated herein.
The following terms, wherever used herein, shall have the following meanings, unless a different meaning clearly appears from the context:
COMMERCIAL PREMISES
A lot or tract of land on which or on any part of which commercial activity of any kind takes place. Commercial activity shall include but is not limited to gasoline stations; parking lots; retail sales; professional activities, including but not limited to medical, dental, legal, architectural and accounting; personal services, including real estate, insurance, barbershops, and hairdressers; repair shops of all kinds; and amusements, including but not limited to movies, skating rinks and bowling alleys, whether part of a shopping area or not.
EXTERIOR OF PREMISES
Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
HARBORAGE
Any condition, man-made or natural, which affords a breeding place or hiding place for rodents, insects or other pests.
A. 
Any common law nuisance or as provided by the laws of the State of New Jersey or the ordinances of the Borough of Bellmawr.
B. 
Any attractive nuisance which may prove detrimental to the health or safety of minor children, whether in a building or upon a lot. This includes but is not limited to any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation such as poison ivy, poison oak or poison sumac, which may prove a hazard to minor children.
C. 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
D. 
Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of the laws of the State of New Jersey or ordinances of the Borough of Bellmawr.
E. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
F. 
Fire hazards.
OCCUPANT
Any person having actual possession of the premises or any part thereof.
OPERATOR
Any person who has charge, care or control of the commercial premises or any part thereof, whether with or without the consent of the owner.
OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any commercial premises with or without accompanying actual possession thereof or shall have charge, care or control of any commercial premises as owner or agent of the owner, or as fiduciary, including but not limited to executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any commercial premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
SHOPPING AREA
One or more buildings or parts thereof designed as a unit, to be occupied by one or more businesses for the conduct of business and conducted as an integrated planned area development.
A. 
Every commercial premises and any building situated thereon in the Borough of Bellmawr used or intended to be used for commercial occupancy shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code. This code establishes minimum standards for the initial and continued occupancy and use of all such commercial buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of such commercial buildings or premises contained therein. Where there is mixed occupancy with commercial and other uses on the same premises, all such uses shall be nevertheless regulated by and subject to the provisions of this code.
B. 
In any case where the provisions of this code impose a higher standard than is set forth in any other ordinances of the Borough of Bellmawr or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this code impose a lower standard than any other ordinances of the Borough of Bellmawr or the laws of the State of New Jersey, then the higher standard contained therein shall prevail.
Owners and operators shall have all the duties and responsibilities prescribed in this code, and no owner or operator shall be relieved from any such duty and responsibility, nor be entitled to defend against any charge of violation thereof, by reason of the fact that the occupant is also responsible therefor and in violation thereof.
Occupants shall have all the duties and responsibilities as prescribed in §§ 341-15 through 341-32 of this code, and the occupant shall not be relieved from any such duty and responsibility, nor be entitled to defend against any charge of violation thereof, by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards, which include but are not limited to the following:
A. 
Refuse, which includes broken glass, filth, garbage, trash, litter and debris.
B. 
Natural growth, which includes brush, weeds, ragweeds, stumps, roots and obnoxious growths, dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitutes a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
C. 
Overhangings, which include loose overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
D. 
Ground surface hazards or unsanitary conditions, holes, broken or missing pavement, loose stone excavations, breaks, projections, obstructions, ice, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. It shall be the responsibility of owners and operators to take reasonable steps to discover any such hazards or unsanitary conditions which may exist on their premises.
E. 
Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulations of stormwater.
F. 
Sources of infestation.
G. 
Equipment. Disassembled trucks, trailers or automobiles and parts thereof.
Premises shall be kept landscaped, and lawns, hedges and bushes shall be kept trimmed and kept from becoming overgrown. Plantings required by site plan approval shall be replaced when the same have died.
All signs, pavement markings and printed matter and pictures or illustrations contained thereon, permitted by reason of other regulations or as a lawful nonconforming use, shall be maintained in good repair.
In order to preserve property values and eliminate safety hazards and protect adjacent properties and the neighborhood from blighting influences, the exterior of every structure or accessory structure, including fences, shall be maintained in good repair, and all surfaces thereof shall be kept painted and whitewashed, where necessary for purposes of preservation and appearance, free of broken glass, loose shingles, crumbling stone or brick or excessive peeling paint.
A. 
Unsafe exterior facilities. Unsafe exterior facilities include exterior porches, landings, balconies, stairs and fire escapes, all of which shall be kept structurally sound and in good repair and shall be provided with banisters or railings properly designed and maintained.
B. 
Signs and billboards. All permanent signs and billboards exposed to public view, permitted by the Zoning Ordinance and regulated by the Building Code or other regulations or as a lawful nonconforming use, shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
C. 
Windows exposed to public view. All windows exposed to public view shall be kept clean and free of marks and foreign substances and be unbroken. Except when necessary in the course of changing displays, no storage of materials, stocks or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened from view by draperies, venetian blinds or other means. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
D. 
Awning or marquee. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be so maintained as to not constitute a nuisance or safety hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.
E. 
Temporary scaffolding or equipment. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period necessary to reasonably complete the purpose for which such equipment was intended to be used without permission of the public officer.
F. 
Storefronts. All storefronts shall be maintained in good repair, and all surfaces thereof shall be kept painted, when necessary, for purposes of preservation and appearance. In the event that repairs to a portion of a storefront are made, such repairs shall be performed with materials identical or compatible with the materials used in the area not undergoing repair, to the end that the appearance of the storefront shall be uniform and attractive and shall not constitute a blighting factor depreciating adjoining properties.
G. 
Unoccupied buildings. All unoccupied buildings, including those areas visible by the public from the public street or sidewalk, must be maintained in broom-clean condition and free of litter.
A. 
Outside storage or display of merchandise or commercial or industrial material or equipment, motor vehicles, trailers, disassembled trucks, trailers or automobiles and parts thereof shall be forbidden. This subsection also applies but is not limited to the storage of merchandise or equipment in trailers, motor vehicles, shacks, sheds or other containers.
B. 
Tractors and tractor trailers shall not be parked on any commercial or industrial lot in excess of four hours. This does not mean that any tractor or trailer may be moved from one area to another on the same lot or lots.
C. 
Waiver of this provision may be applied for in writing to the Mayor and Borough Council and granted based on the size, amount and kinds of merchandise or equipment, the duration and location of the outside storage and the purpose of this code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Parking lots or parking areas, including the entrances and exits thereto, shall be paved with asphalt or concrete and shall be kept in a good state of repair and maintained so as to comply with § 341-21 hereof. Signing of ownership and use restrictions shall be maintained in good repair, clearly visible to potential parkers. Striping, where appropriate, shall indicate spaces, direction of flow and entrances and exits and be maintained so as to assure visibility.
The owner, operator and occupant shall have the duty and responsibility of removing refuse and garbage at least twice per week, but if twice weekly pickup is not sufficient to remove all garbage that accumulates, removal more often shall be required.
Every day that the premises is open for business, the occupant shall be responsible for removing litter from the sidewalk or other pedestrian areas, if any, in front of the occupant's commercial premises. The area shall be swept as often as necessary to maintain it free of litter, spillage and other debris.
Upon discovery by an occupant of any condition of the premises which constitutes a violation of this article by the owner or operator, the occupant shall report the same to the Police Department, Construction Official or Health Officer, who shall be responsible for enforcement of the provisions of this article.
All parts of the premises under the control of the occupant shall be kept in a clean and sanitary condition, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition.
Every operator and occupant shall be responsible for the elimination of infestation in and on the premises subject to his control.
No person shall deposit any litter on the ground in any commercial premises.
The owner and operator of every shopping area shall be responsible for providing, maintaining and policing the following:
A. 
Means of ingress and egress shall be clearly marked by signs.
B. 
Parking spaces shall be clearly indicated by painted lines.
C. 
Lanes for the movement of traffic in each direction shall be indicated by arrows indicating one-way traffic, which shall be painted in these lanes at both ends.
D. 
A trash basket with at least a twenty-gallon capacity shall be provided for each 150 feet of store frontage in the shopping area. These baskets shall be placed in the walking or pedestrian area and shall be provided with tight-fitting covers fitted with hinged doors and shall not be allowed to overflow.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Fire zones shall be kept clear of all vehicular traffic and parking, as designated by the Fire Marshal of the Borough of Bellmawr.
It shall be the duty of owners and operators, where parking spaces and lanes are provided for their customers, to see that all parking is done in conformity with the spaces provided and that the flow of traffic conforms to the directional arrows painted in the lanes between the parking spaces.
All buildings and premises governed by this code are subject to inspection from time to time by the Construction Official, Health Officer, Police Department or any other official charged with the duty of enforcing regulations governing any aspect or conduct of the activity housed in said premises. At the time of such inspections, 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 during open hours of the business occupying said premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Police Department, Construction Official or Health Officer may order the owner, operator or occupant to correct the violation or condition within the period of time consistent with the hazard involved and with the measures necessary to remove the hazard, and upon the failure of the operator, owner or occupant to correct said condition, the Police Department, Construction Official or Health Officer shall abate said condition immediately thereafter.
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 Borough of Bellmawr or the laws of the State of New Jersey requires expenditure of the Borough of Bellmawr's moneys therefor, the Police Department, Construction Official or Health Officer shall present a report of the work accomplished to the governing body of the Borough of Bellmawr, along with a summary of the proceedings undertaken to secure compliance, including notice served upon owners, operators, occupants or their agents, as the case may be, by telephone, telegram or as otherwise provided by law. The governing body shall then approve the expenditures made and assess the same against the premises, collectible as provided by law. A copy of the resolution approving said expenses shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough of Bellmawr, 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.
A. 
Except as provided in § 341-36 hereof, where violations of this code or the regulations hereunder are found to exist, a written notice from the Construction Official shall be served on the person or persons responsible for the correction thereof.
B. 
Notice shall be served personally or by certified mail, return receipt requested, addressed to the last known address of the person to be served. In the case of an occupant, notice may be posted upon the main entrance door of the building, and in case of an owner who does not reside within the Borough of Bellmawr, the last known address shall be the address of the owner as shown in the office of the Tax Collector.
C. 
The notice shall specify the violation or violations committed; what must be done to correct the same; a reasonable period of time, not to exceed 30 days, to abate the violation; the right of the person served to request a hearing; and that the notice shall become an order of the Construction Official 10 days after service unless a hearing is requested pursuant to these provisions.
D. 
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 by serving a written request within the ten-day period in person or by certified mail on the Construction Official. Such request for a hearing shall set forth briefly the reasons for which the request for a hearing is made and the factual matters contained in the notice of violation for which the hearing is requested. The Construction Official, upon receipt of the request for hearing, shall, within 30 days therefrom and upon five days' notice to the parties so requesting, conduct a hearing.
E. 
At the hearing provided hereunder, the Construction Official shall hear all parties, and determination shall be made within 10 days from the completion of the hearing. He shall then issue an order incorporating the determinations and directions contained in the notice, modifying said notice if he so deems necessary. The Construction Official may extend the time for correction of the violations where he deems necessary.
F. 
In the event the violation is not abated, removed, cured or otherwise fully remedied within the time period prescribed in the initial notice or extended time period as permitted by the Construction Official, a summons shall then issue against such person or persons charged with the violation.
Any person who shall violate any of the provisions of this article or any order promulgated hereunder shall, upon conviction, be punished by a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, and each violation of any of the provisions of this article and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).