[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
e.
Ordinance 75-11: Certificate of Occupancy Ordinance
[Ord. #95-19 § 903.0]
[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.
