These regulations shall be known as the Property Maintenance
Regulations of the Township of Cherry Hill, hereinafter referred to
as "this Code."
a.
Purpose. This chapter applies primarily to the exterior property
and exterior of buildings that present hazardous, unsafe, unsanitary
or blighting conditions. This chapter attempts to address the deficiencies
of the old ordinance in responding to the complaints of local residents
who find their neighborhood threatened by properties or buildings
that are dangerous, may provide rodent harborage and have not been
cared for by the property owner. These conditions would typically
result from long-standing, intentional neglect by landlords or property
owners. The chapter establishes minimum standards to protect the health,
safety and welfare of the residential and business community through
delineation of the conditions that create a public nuisance.
b.
Intent. This Code shall be construed to secure its expressed intent,
which is to insure 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 in this Code shall not be construed to abolish
or impair existing remedies of the jurisdiction of its officers or
agencies relating to the removal or demolition of any structure which
is dangerous, unsafe and unsanitary.
All repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this
Code shall be executed and installed in a workmanlike manner.
Any repairs, additions or alterations to a structure, or changes
in occupancy shall be done in accordance with the procedures, provisions
pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23
et seq.
This Code has been adopted by the Township of Cherry Hill through
Ordinance 95-19. Any amendments, revisions or other changes shall
be done in accordance with all State and local laws.
[Ord. #95-19 § 102.2]
If any section, subsection, paragraph, sentence, clause or phrase
of this Code shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this Code
which shall continue in full force and effect, and to this end the
provisions of this Code are hereby declared to be severable.
[Ord. #95-19 § 102.3]
This Code shall not affect violations of any other ordinance,
Code or regulation existing prior to the effective date hereof, and
any such violation shall be governed and shall continue to be punishable
to the full extent of the law under the provisions of those ordinances,
codes or regulations in effect at the time the violation was committed.
[Ord. #95-19 § 102.4]
This Code is intended to work in conjunction with existing Township Building Ordinances, Fire Safety Ordinances and Community Development Ordinances as well as National Codes as referenced in Article VIII of this Code. If this chapter conflicts with any existing ordinances, the more stringent requirements of the two shall be in full force and effect.
[Ord. #95-19 § 102.5]
All equipment, systems devices and safeguards required by this
Code or a previous statute or Code for the structure or premises when
erected or altered shall be maintained in good working order.
The requirements of this Code are not intended to supersede
any existing Federal, State or local laws.
[Ord. #95-19 § 103.1]
The Property Maintenance Inspector or other designated Township
Official shall enforce all of the provisions of this Code. The Property
Maintenance Inspector shall consult with the Township Building Code
Official, Zoning Officer, Township Engineer, Animal Control Official
and/or County Health Official and/or other individuals if needed to
enforce the provisions of this Code.
[Ord. #95-19 § 103.2]
The Property Maintenance Inspector shall issue all necessary
notices or orders to ensure compliance with this Code.
[Ord. #95-19 § 103.3]
The Property Maintenance Inspector and other designated Township
Officials who may enforce this shall be appointed by the Mayor.
[Ord. #95-19 § 103.4]
Prior to entering into a space not otherwise open to the general
public, the Property Maintenance Inspector shall make a reasonable
effort to locate the owner or other person having charge or control
of the structure or premises, present proper identification and request
entry. The Property Maintenance Inspector is authorized, with permission,
to enter the structure or premises at reasonable times to inspect.
If requested entry is refused or not obtained, the Property Maintenance
Inspector shall pursue recourse as provided by law.
[Ord. #95-19 § 103.5]
Every occupant of a structure or premises shall give the owner
or operator thereof, or its agent or employee, access to any part
of such structure or its premises at reasonable times for the purpose
of making such inspection, maintenance, repairs or alterations as
are necessary to comply with the provisions of this Code.
[Ord. #95-19 § 103.6]
The Property Maintenance Inspector shall carry proper Township
identification when inspecting structures or premises in the performance
of duties under this Code.
[Ord. #95-19 § 103.7]
An official, inspector, deputy or employee connected with the
enforcement of this Code 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, inspector, deputy
or employee engage in any work that conflicts with official duties
or with the interests of the department; nor shall such officer, inspector,
deputy or employee use their position for financial, professional
or personal gain.
Exception: The Community Development Building Grants (CDBG)
officer, the Neighborhood Preservation Program (NPP) officer or other
Township program officer may aid in the completion of applications
and projects for their clients as defined by the individual program's
project guidelines and requirements.
[Ord. #95-19 § 103.8]
The Property Maintenance Inspector, officer or employee charged
with the enforcement of this Code, while acting for the jurisdiction,
shall not thereby be rendered liable personally, and is hereby relieved
from all personal liability for any damage accruing to persons or
property as a result of any act required or permitted in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this Code shall be
defended by the legal representative of the Township until the final
termination of the proceedings. The Property Maintenance Inspector
or any subordinate shall not be liable for costs in any action, suit
or proceeding that is instituted in pursuance of the provisions of
this Code; and any officer of the Department of Building Inspection,
acting in good faith and without malice, shall be free from liability
for acts performed under any of its provisions or by reason of any
act or omission in the performance of official duties in connection
therewith. The official shall be afforded all the rights and protections
afforded under Title 59 of the New Jersey Statute.
[Ord. #95-19 § 103.9]
An official record shall be kept of all business and activities
of the department specified in the provisions of this Code, and all
such records shall be open to public inspection according to all appropriate
times and according to reasonable rules to maintain the integrity
and security of such records and State Statutes.
