[Ord. #95-19 § 901]
The following Codes and Standards are referenced in various sections of this document.
a. 
ASME: American Society of Mechanical Engineers. Safety code for elevators and escalators, Section 15-42.
b. 
BOCA: Building Officials and Code Administrators. National Building Codes, National Mechanical Codes, National Plumbing Codes, National Fire Prevention Codes.
c. 
NFiPA: National Fire Protection Association: National Electrical Code.
[Ord. #95-19 § 902.0]
a. 
Ordinance 93-54: "An Ordinance Adopting and Enforcing the Uniform Fire Safety Act" (P.L. 1983 c.383) (See Chapter 16)
b. 
Ordinance 88-60: An Ordinance amending Ordinance 76-51, as amended, entitled "The Township of Cherry Hill Zoning Ordinance," Section 526
c. 
Ordinance 74-10: Tree Removal Ordinance, as amended by Ordinance 74-31. (See Section 21-4)
d. 
Ordinance 64-4: Public Sewer Ordinance, as amended by Ordinance 78-34 and 7891. (See Chapter 17)
e. 
Ordinance 75-11: Certificate of Occupancy Ordinance
f. 
Ordinance 80-50: Grading Ordinance (See Chapter 13)
[Ord. #95-19 § 903.0]
a. 
Civil Rights Act of 1968.
b. 
Federal Fair Housing Act.
c. 
New Jersey Statutes Annotated: N.J.S.A. Const. Art 1, par. 1, Art 4, Sec. 6, par. 2.
d. 
New Jersey Uniform Construction Code N.J.A.C. 5:23 (et seq.).
[Ord. #2016-9, 6-27-16]
The Township Council has adopted a resolution finding that there exist in the Township buildings and other structures which are dangerous to human life or the public welfare or which constitute fire hazards and that a public necessity exists for the repair, closing or demolition of such buildings or structures.
Therefore, this section is hereby adopted to give the Township, pursuant to N.J.S.A. 40:48-2.5 et seq., a procedure to exercise the Township's police power to repair, close or demolish or cause or require the repairing, closing or demolition of such buildings or other facilities, or part or parts thereof.
[Ord. #2016-9, 6-27-16]
The Construction Official for the Township is hereby designated and appointed as the Public Officer authorized to exercise the powers prescribed in this chapter.
[Ord. #2016-9, 6-27-16]
Whenever a petition is filed with the Public Officer by a public authority or by at least five residents of the municipality charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the Public Officer, on his or her own motion, that any such building is unfit for human habitation or occupancy or use, the Public Officer shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer, or his or her designated agent, at a place therein fixed, not less than seven (7) days nor more than thirty (30) days after the serving of the complaint. Pursuant to N.J.S.A. 40:48-2.9, the Public Officer may enter upon the premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
Service of the notice shall be provided in the manner set forth in subsection 15-9.3 of the Township's Revised General Ordinances. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer.
If, after notice of hearing, the Public Officer determines that the building under consideration is unfit for human habitation or use, he or she shall state, in writing, his or her findings of fact in support of such determination and shall issue or cause to be served upon the owner thereof or the parties in interest an Order:
a. 
Requiring the repair, alteration, or improvement of the said building to be made by the owner within a reasonable time, which time shall be set forth in the Order, or at the option of the owner to vacate or have the building vacated and closed within the times set forth in the Order; and
b. 
That if the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the Order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal.
[Ord. #2016-9, 6-27-16]
If the owner fails to comply with an Order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Public Officer may cause the building to be repaired, altered or improved, or to be vacated and closed. The Public Officer may cause to be posted, on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation, occupancy, or use; the use or occupation of this building is prohibited and unlawful."
[Ord. #2016-9, 6-27-16]
If the owner fails to comply with an Order to remove or demolish the building, the Public Officer may cause the building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
[Ord. #2016-9, 6-27-16]
All costs to the Township (legal fees, expert fees, search fees and advertising charges, repairs, alterations or improvements or vacating and closing or removal or demolition) shall become municipal liens against the real property upon which the costs were incurred in accordance with the provisions of N.J.S.A. 40:48-2.5(f).
[Ord. #2016-9, 6-27-16]
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Public Officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Ord. #2016-9, 6-27-16]
Pursuant to N.J.S.A. 40:48-2.8, any person aggrieved by an Order issued by the Public Officer may, within 30 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.
[Ord. #2016-9, 6-27-16]
Nothing in this section shall be construed to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement, by the summary proceedings or otherwise, nor is anything in this act intended to limit the authority of the enforcing agency or Construction Official under the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119, et seq.) or any rules or regulations adopted thereunder.
[Ord. #74-4, § 7-11, 2-25-74]
The Governing Body of the Township of Cherry Hill, may by resolution abate a nuisance, correct a defect, or put the premises in condition so as to comply with the requirements of any municipal ordinance or State law applicable thereto, at the cost of the owner or lessor, and expend municipal funds for such purpose and charge the same against the premises, and the amount thereof as determined by the Governing Body of the municipality shall be a lien against the premises and collectible as provided in this chapter.
[Ord. #74-4, § 7-15, 2-25-74]
The Public Officer may with the approval of the Governing Body of the Township of Cherry Hill, by resolution, bring an action to be appointed Receiver Ex Officio of the rents and income of property for the purpose of collecting the rents and income from the property and expending the same for the purpose of abating the conditions against which this chapter is directed. The procedure and other legal steps shall be governed by the provisions of N.J.S.A. 40:48-2.12(h) to N.J.S.A. 40:48-2.12(k), and/or 2A:42-74 to 84.
[Ord. #74-4, § 7-12, 2-25-74]
Whenever the Public Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he/she may, without notice or hearing, issue an order requiring that such action be taken as he/she determines necessary and apply the statutes and other provisions of this chapter to meet the emergency. The order shall be effective immediately and any person to whom such order is directed should comply immediately, but upon petition to the Public Officer shall be afforded a hearing as soon as possible. The provisions of this chapter to charge the costs and making them assessable as taxes shall apply to such emergencies.
[Ord. #74-4, § 7-14, 2-25-74]
The Public Officer shall have the power to withhold strict enforcement of this Code upon written application therefor by an owner, or party in interest, after making determination that:
a. 
Any variation or modification of structure use approved by the Public Officer will not in any material way alter the standards of this Code 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.
b. 
Strict enforcement would constitute an undue and unnecessary hardship on the owner, operator or occupant because it would compel expenditures on the premises which would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom.
c. 
The owner, operator or occupant is without any practical or feasible means to comply with the strict provisions of this Code.
d. 
Premises subject to this Code 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 there is a reasonable likelihood that the premises will be acquired within a period of two (2) years and that the strict enforcement of the provisions of this Code would require the installation of repairs and improvements estimated to exceed three hundred ($300.00) dollars in cost and there is an alternative means satisfactory to the Public Officer to be used, which will eliminate violations of this Code 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 Code permitted under this section shall be cancelled and the Public Officer shall strictly enforce the Code 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.
[Ord. #74-4, § 7-13, 2-25-74]
Any violation of any ordinance other than this Code discovered in the enforcement of this Code shall be reported to the Public Officer who shall refer the alleged violation to the official or agency responsible for the enforcement of such ordinances.
[Ord. #74-4, § 8, 2-25-74]
Any person who shall violate any of the provisions of this chapter shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Ord. 65-37, § 1, 10-25-65; Ord. #89-57, § 1, 8-28-89]
Pursuant to the authority of N.J.S.A. 40:48-2.13, 2.14, the presence upon lands lying within the corporate limits of the Township of brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, overgrown or unkempt lawns, filth, garbage, trash and debris be and is hereby decreed to be detrimental to public health, safety and the general welfare and/or likely to present a fire hazard.
The owner or tenant of lands lying within the corporate limits of the Township is hereby required to remove or cause to be removed from the portions of such lands which are within two hundred (200') feet of any office, dwelling or other building, any brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris within ten (10) days after such owner or tenant is given written notice by the Property Maintenance Inspector or his/her designee.
[Ord. #65-37, § 3, 10-25-65; Ord. #89-57, § 2, 8-28-89]
Notice to the owner or tenant to cause the removal of the substances referred to in the preceding subsection may be served upon any such owner or tenant either personally or by certified mail at the address to which tax bills are sent; and, if by the latter method, the ten (10) day period within such removal shall be accomplished shall be deemed to have commenced to run from the date of mailing. Every notice shall, in addition to requiring the removal aforesaid, warn the owner or tenant of the lands to which the notice refers that failure to accomplish the removal within the time stated therein will result in removal by or under the direction of the Property Maintenance Inspector or his/her designee; and the cost of such removal shall be charged to the owner or tenant of such lands and shall be payable to the Township within thirty (30) days after the date of submission of the charges. Unless the charges are paid within the thirty (30) day period, the costs aforesaid shall become a lien upon the lands and be collected as provided by N.J.S.A. 40:48-2.14 and enforced by the same officers and in the same manner as taxes.
[Ord. #65-37, § 4, 10-25-65; Ord. #89-57, § 2, 8-28-89]
Whenever the owner or tenant of such lands within the Township, receiving the notice provided for by the preceding subsection to remove from such lands any of the substances hereinbefore mentioned, shall fail and neglect, within the time prescribed in the notice, to effect removal of such substances, the removal shall be accomplished by or under the direction of the Property Maintenance Inspector or his/her designee. An accurate record of the cost of such removal to the Township shall be determined by the Property Maintenance Inspector or his/her designee, who shall certify the cost thereof to the Governing Body, which shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged against the lands; the amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest by the same officers and in the same manner as taxes.
[Ord. #65-37, § 5, 10-25-65; Ord. #89-57, § 2, 8-28-89]
Any person who shall violate any of the provisions of this section or fail to comply with any notice given by the Property Maintenance Inspector or his/her designee as aforesaid, shall upon conviction thereof be liable to the penalty stated in Chapter 1, Section 1-5. Any penalty shall be in addition to the costs of removing the substances hereinbefore referred to upon the lands described in the notice given by the Property Maintenance Inspector or his/her designee.