[Ord. #95-19 § 301]
The administrative process begins with the Property Maintenance Inspector or other designated Township Official writing a Notice of Violation under Section 15-9.
[Ord. #95-19, § 301.1; Ord. #2001-5, § 1,
6-11-01]
Unless otherwise noted within this Code, the owner of the premises,
upon receipt of the notice, has one (1) week or five (5) business
days for vegetation, landscaping and all other violations unless otherwise
noted in the notice to correct the violation.
[Ord. #95-19, § 301.2; Ord. #2001-5, § 1,
6-11-01]
Should the owner of the premises not correct the violation within
the prescribed time period, a Municipal Court summons shall be issued
and penalties as outlined in the notice will begin to accrue.
[1]
Editor's Note: Former subsection 15-8.3, Administrative Appeal
Process, previously codified herein, and containing portions of Ordinance
No. 95-19 was repealed in its entirety by Ordinance No. 2001-5.
[Ord. #95-19, § 302.1; Ord. #2001-5, § 1,
6-11-01]
Whenever the Property Maintenance Inspector determines that there has been a violation of the Code or has grounds to believe that a violation has occurred, a Notice of Violation shall be given to the owner or the person or persons responsible therefor in the manner prescribed in subsection 15-9.3. Notices for condemnation procedures shall also comply with applicable State law.
[Ord. #95-19, § 302.2; Ord. #2001-5, § 1,
6-11-01]
Such notice prescribed in subsection 15-9.3 shall:
a.
Be in writing;
b.
Include a description of the real estate sufficient for identification,
including Block and Lot number(s) and address(es);
c.
Include a statement of the reason or reasons why the notice is being
issued; and
d.
Include a correction order allowing a reasonable time for repairs and improvements required to bring the dwelling unit, structure or premises into compliance with the provisions of this Code. Reasonable time is defined as one (1) week or five (5) business days for vegetation, landscaping and other violations unless otherwise noted in the notice. Each notice shall state a specific time for compliance. Emergency measures and remedies are not included in this section. See Sections 15-13 and 15-22.
e.
Each notice shall contain a statement that if the violation is not
corrected within the specified period, a Municipal Court summons shall
be issued and fines of not less than one hundred ($100.00) dollars
nor more than one thousand ($1,000.00) dollars and/or a term of imprisonment
for not more than ninety (90) days may attach. Each day that a violation
continues shall be deemed a separate offense.
f.
The notice shall be signed by the Property Maintenance Officer, any
deputy involved in the inspection, or the authorized designee of the
Township.
[Ord. #95-19, § 302.3]
Such notice shall be deemed to be properly served if a copy
thereof is a) delivered to the owner personally; or b) sent by certified
or registered mail addressed to the owner at the last known address
with return receipt requested. If the certified or registered letter
is returned showing that the letter was not delivered, a copy thereof
shall be posted in a conspicuous place in or about the structure affected
by such Notice of Violation. Service of such notice in the foregoing
manner upon the owner's agent or upon the person responsible for the
structure shall constitute service of notice upon the owner.
[Ord. #95-19, § 302.4]
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 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 Property
Maintenance Inspector and shall furnish to the Property Maintenance
Inspector 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. Such repairs shall
be made within sixty (60) days of purchase, transfer, mortgage or
lease.
[Ord. #95-19 § 303.1]
It shall be unlawful for any person, firm or corporation to
create or maintain a public nuisance as defined within, or to erect,
construct, alter, extend, repair, remove, demolish, maintain, fail
to maintain, provide, fail to provide, occupy, let to another or occupy
or permit another person to occupy any structure or equipment regulated
by this Code, or cause same to be done, contrary to or in conflict
with or in violation of any of the provisions of this Code, or to
fail to obey a lawful order of the Property Maintenance Inspector
or to remove or deface a placard or notice posted under the provisions
of this Code.
[Ord. #95-19, § 303.2; Ord. #99-13, § 1,
2-8-99; Ord. #2001-5, § 1, 6-11-01; Ord. #2011-30, 11-28-11]
Any person, entity, firm, corporation or group cited for a violation
of a provision of this Code:
a.
May plead guilty to affidavit through the Cherry Hill Township Municipal Court and pay a fine of fifty ($50.00) dollars as noted on the summons. This option is only permitted on the first offense but excludes subsection 15-16.12 (Snow and Ice). For violations of subsection 15-16.12 (Snow and Ice) may plead guilty and pay a fine of one hundred ($100.00) dollars as noted on summons without a mandatory Cherry Hill Township Municipal Court appearance. This option is only permitted on the first offense.
b.
May also appear in Municipal Court and plead not guilty to the citation
and be heard by the Court.
c.
Any person, entity, firm, corporation or group convicted of a violation
of a provision of the Code in Municipal Court shall be sentenced to
pay a fine of not less than one hundred ($100.00) dollars nor more
than one thousand ($1,000.00) dollars or a term of imprisonment for
not more than ninety (90) days or both. Additionally, any person,
entity, firm, corporation or group convicted of violating a provision
of this Code may be sentenced to pay court costs and make restitution.
Each day that a violation continues shall be deemed a separate offense.
d.
The Municipal Court, in addition to the penalties outlined in subsection 15-10.2c above, may order the offending party to comply with the Code through specific performance.
e.
Payment. Tickets shall be paid to the Municipal Court of Cherry Hill
Township as shall be directed by the Property Maintenance Inspector
or Department of Building Inspections and as shall be part of the
notice required by this Code.
f.
Payment in Court Proceedings. Should the violation become a part
of judicial proceedings, then the payment shall be made as directed
by the appropriate authority. The violator, at the discretion of the
court, may be liable for court costs and attorneys' fees.
g.
Liens. Failure to pay the penalties or complete the specific performances
as ordered as stated in this Code, may result in a lien being placed
against the property or other legal action as deemed appropriate by
Township Council.
[Ord. #95-19 § 303.3]
In case of any unlawful acts the Property Maintenance Inspector shall institute an appropriate action or proceeding at law to exact the penalty provided in subsection 15-10.2. Also, the Property Maintenance Inspector shall ask the Township's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
a.
To restrain, correct or remove the violation or refrain from any
further execution of work;
b.
To restrain or correct the erection, installation, maintenance, repair
or alteration of such structure;
c.
To require the removal of work in violation; or
d.
To prevent the occupancy of the structure that is not in compliance
with the provisions of this Code and the New Jersey Uniform Construction
Code (N.J.A.C. 5:23 et seq.)
[Ord. #95-19 § 304]
Any person who has been issued a Notice of Violation under Sections 15-8 and 15-9 of this Code and fails to comply with the Notice of Violation, may be issued a complaint by the Property Maintenance Inspector or Deputy charging a violation of this Code. The complaint shall be filed with the Municipal Court of Cherry Hill or any other court of competent jurisdiction.
[Ord. #95-19 § 304.1]
The Municipal Court summons may be issued concurrently with the administrative process described in Section 15-8 of this Code.
[Ord. #95-19 § 304.2]
Any person, whether or not a previous party of the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari
to correct errors of law. Application for review shall be made in
the manner and time required by law following the filing of the decision
in the office of the clerk of the court.
