[Amended 9-24-2007 by
Ord. 07-16; 6-8-2009 by Ord. No.
09-13; 6-8-2020 by Ord. No. 20-06]
The International Property Maintenance Code (IPMC), 2018 Edition, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Merchantville, in the State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said IPMC are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 60B-4 of this chapter, three copies of which are on file in the office of the Borough Clerk of the Borough of Merchantville.
[Amended 6-8-2020 by Ord. No. 20-06]
The Code Enforcement Officer of the Borough of Merchantville
shall be charged with the responsibility to administer the Property
Maintenance Code of the Borough of Merchantville and accomplish all
activities necessary to enforce this chapter.
[Amended 6-8-2020 by Ord. No. 20-06]
Chapter 15 of the Borough Code of the Borough of Merchantville entitled "Building Code" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed solely as to the section or sections that conflict or are inconsistent with this chapter.
[Amended 6-8-2009 by Ord.
No. 09-13]
The International Property Maintenance Code, 2006 Edition, is
hereby amended and revised in the following respects:
A.
Section PM-101.1, Title, shall now read as follows:
PM-101.1 Title: These regulations shall be known
as the "Property Maintenance Code of the Borough of Merchantville,"
hereinafter referred to as "this code."
[Amended 6-8-2020 by Ord. No. 20-06]
B.
Section PM-103.1, General, shall be amended to read as follows:
PM-103.1 General: There is hereby created in the
Borough of Merchantville the position of Property Maintenance Code
Official (hereinafter, "Code Officer") who shall be appointed annually
by the Mayor of the Borough of Merchantville. The code official shall
enforce all provisions of this code.
C.
Section PM-106.4, Penalties, shall read as follows:
PM-106.4 Penalties: Any person who violates any
provision of this article shall, upon conviction in the Municipal
Court of the Borough of Merchantville, or such other court having
jurisdiction, be liable to a fine not exceeding $2,000.00, or imprisonment
for a term not exceeding 90 days, or community service for a term
not exceeding 90 days, or all of the above. Each day that a violation
occurs shall be deemed a separate and distinct violation, subject
to the penalty provisions of this article.
D.
Section PM 111.0, MEANS OF APPEAL, shall be deleted in its entirety.
E.
Section PM-304 shall be included in its entirety.
[Added 6-13-2011 by Ord.
No. 11-04]
F.
Section PM-602.3, Heat supply, shall be amended as follows:
PM-602.3 Heat supply: Every owner and operator
of any building who rents, leases or lets one (1) or more dwelling
units, rooming units, dormitory or guest rooms on terms, either express
or implied, to furnish heat to the occupants thereof shall supply
sufficient heat during the period from October 1 to May 1 to maintain
the room temperatures specified in Section PM-602.2 during the hours
between 6:30 a.m. and 10:30 p.m. of each day and not less than sixty
degrees (60° F.) [sixteen degrees Celsius (16° C.)] during
other hours.
[Added 10-11-2000 by Ord.
No. 00-10; amended 6-13-2011 by Ord. No. 11-04]
It shall be unlawful for an owner, operator and/or occupier
of property situate in the Borough of Merchantville to fail to comply
with the Property Maintenance Code of the Borough of Merchantville.
[Added 10-11-2000 by Ord.
No. 00-10; amended 6-13-2011 by Ord. No. 11-04]
The Code Enforcement Officer of the Borough of Merchantville, or his designee, shall serve written notice upon any such person described in Section 60B-5, describing the condition of the premises and demanding that the condition be abated within five (5) days of receipt of said notice, or an appropriate complaint shall be filed in violation of this article.
[Added 10-11-2000 by Ord.
No. 00-10; amended 8-11-2014 by Ord. No. 2014-05]
In the event that personal service cannot be made, or in the
event that service by certified mail is not accepted, service shall
be accomplished by posting said notice in a conspicuous place on the
premises, or by electronic mail to an e-mail address provided by the
property owner, operator or occupant, with a "Read Receipt Request"
provided.
[Added 10-11-2000 by Ord.
No. 00-10; amended 6-13-2011 by Ord. No. 11-04]
Where the owner, operator and/or occupier shall refuse and/or neglect to correct the violation(s) within five (5) days after the date of the notice as referenced in Section 60B-6 of this chapter, or upon the expiration of five (5) days following posting of notice as provided in Section 60B-7 of this chapter, or, in the case of a second or subsequent violation within one year from the date of the last notice, three (3) days after the date of the notice as referenced in Section 60B-6 of this chapter, or upon the expiration of three (3) days following posting of notice as provided in Section 60B-7 of this chapter, 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.
[Added 6-13-2011 by Ord.
No. 11-04]
Where the owner, operator and/or occupier refuses and/or neglects to correct the violation(s) within five (5) days after receipt of notice as referenced in Section 60B-6 of this chapter, or upon the expiration of five (5) days following posting of notice as provided in Section 60B-7 of this chapter, or, in the case of a second or subsequent violation within one year from the date of the last notice, three (3) days after the date of the notice as referenced in Section 60B-6 of this chapter, or upon the expiration of three (3) days following posting of notice as provided in Section 60B-7 of this chapter, and the Borough is required to take corrective measures as referenced in Section 60B-8 of this chapter, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property a period of one hundred twenty (120) days from the expiration of five (5) days following posting of notice as provided in Section 60B-7 of this chapter.
[Added 10-11-2000 by Ord.
No. 00-10]
In all cases where such conditions are abated by the Code Enforcement Officer of the Borough of Merchantville pursuant to Section 60B-6, the Code Enforcement Officer or his designee shall certify the cost thereof to the Council of the Borough of Merchantville, 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 Merchantville Tax Collector.
[Added 10-11-2000 by Ord.
No. 00-10]
The imposition and collection of a fine imposed hereunder, shall
not bar the right of the Borough of Merchantville to collect any costs
in the manner as permitted herein, or by summary action, in a court
of law, and the remedy herein provided shall be cumulative.
