[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:
[Amended 7-27-2017 by Ord. No. 06:12-17]
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10.10. Duties and responsibilities of owner and operator.
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1.
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Maintenance of exterior of premises free of hazards and unsanitary
conditions.
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a.
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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:
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(1)
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Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious
growths, filth, garbage, trash, refuse and debris.
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(2)
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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.
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(3)
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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.
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(4)
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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.
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2.
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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:
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a.
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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.
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b.
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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.
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c.
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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.
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d.
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It shall be unlawful for any property owner to park or permit
the parking of any vehicle on his or her lawn.
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B.
Section 10.11 is added to read as follows:
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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.
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C.
Section 12.5, Obstructions, is added to read as follows:
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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.
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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.
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.
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.
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.
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.
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.
