[Ord. No. 99/08 § PM-101.1]
These regulations shall be known as the Property Maintenance
Code of the Borough of Watchung hereinafter referred to as "this code".
[Ord. No. 99/08 § PM-101.2]
This code is to protect the public health, safety and welfare
in all existing structures, residential and nonresidential, and on
all existing premises, including all municipal rights-of-way and easements,
by establishing minimum requirements and standards for premises, structures,
equipment, and facilities for light, ventilation, space, heating,
sanitation, protection from the elements, life safety, safety from
fire and other hazards, and for safe and sanitary maintenance; fixing
the responsibility of owners, operators and occupants; regulating
the occupancy of existing structures and premises, and providing for
administration, enforcement and penalties.
[Ord. No. 99/08 § PM-101.3]
Every residential, nonresidential or mixed occupancy building
and the premises on which it is situated, used or intended to be used
for dwelling, commercial, business or industrial occupancy, shall
comply with the provisions of this code, whether or not such building
shall have been constructed, altered or repaired before or after the
enactment of this code, and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the building
or premises, for the construction or repair of the building, or for
the installation or repair of equipment or facilities prior to the
effective date of this code.
[Ord. No. 99/08 § PM-101.4]
In any case where the provisions of this code impose a higher
standard than set forth in any other local ordinances or under the
laws of the State of New Jersey, then the standards as set forth herein
shall prevail, but if the provisions of this code impose a lower standard
than any other local ordinances or of the laws of the State of New
Jersey, then the higher standard contained in such other ordinances
or law shall prevail.
[Ord. No. 99/08 § PM-101.5]
No license or permit or other requirement in this code shall
constitute a defense against any violation of any other local ordinance
applicable to any structure or premises, nor shall any provision herein
relieve any owner, operator, or occupant from complying with any such
other ordinance.
[Ord. No. 99/08 § PM-101.6]
The standards referenced in this code and listed in Article VII shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and referenced standards, the provisions of this code shall apply.
[Ord. No. 99/08 § PM-101.7]
The provisions in this code shall not be construed to abolish
or impair existing remedies of the jurisdiction or its officers or
agencies relating to the removal or demolition of any structure which
is dangerous, unsafe or unsanitary.
[Ord. No. 99/08 § PM-101.8]
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.
[Ord. No. 99/08 § PM-101.9]
Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes and NFIPA 70 listed in Article VII, Standards and Criteria of this Property Maintenance Code.
[Ord. No. 99/08 § PM-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.
No. 99/08 § PM-102.1) 14-2.2 Saving Clause.
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. No. 99/08 § PM-103.1]
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 provide the basis for
removal or abrogation of fire protection and safety systems and devices
in existing structures.
[Ord. No. 99/08 § PM-104.1]
All materials, equipment and devices approved by the Code Official
shall be constructed and installed in accordance with such approval.
[Ord. No. 99/08 §§ PM-104.2,
PM-104.21]
Where there are practical difficulties or hardships involved
in carrying out structural or mechanical provisions of this code,
the Code Official shall have the right to vary or modify such provisions
upon application of the owner or the owner's representative,
provided that the spirit and intent of the law is observed and that
the public health, safety and welfare are assured.
a.
Records. The application for modification and the final decision
of the Code Official shall be in writing and shall be officially recorded
in the permanent records of the department.
[Ord. No. 99/08 § PM-104.3]
Materials, equipment and devices shall not be reused unless
such elements have been reconditioned, tested and placed in good and
proper working condition and approved.
[Ord. No. 99/08 § PM-104.4]
The provisions of this code are not intended to prevent the
installation of any material or method of construction not specifically
prescribed by this code, provided that any such alternative has been
approved. An alternative material or method of construction shall
be approved when the Code Official finds that the proposed design
is satisfactory and complies with the intent of the provisions of
this code, and that the material, method or work offered is, for the
purposes intended, at least the equivalent of that prescribed in this
code in quality, strength, effectiveness, fire resistance, durability
and safety.
[Ord. No. 99/08 § PM-104.5]
Sufficient technical data shall be submitted to substantiate
the proposed installation of any material or assembly. If it is determined
that the evidence submitted is satisfactory proof of performance for
the proposed installation, the Code Official shall approve such alternative
subject to the requirements of this code. The cost of all tests, reports
and investigations required under these provisions shall be paid by
the applicant.
[Ord. No. 99/08 § PM-105.1]
Unless otherwise expressly stated, the following terms shall,
for the purposes of this code, have the meanings shown in this chapter.
[Ord. No. 99/08 § PM-105.2]
Words stated in the present tense include the future, words
stated in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
[Ord. No. 99/08 § PM-105.3]
Where the terms are not defined in this code and are defined in the building, plumbing or mechanical codes listed in Article VII, such terms shall have the meanings ascribed to them as in those codes.
[Ord. No. 99/08 § PM-105.4]
Where terms are not defined, through the methods authorized
by this section, such terms shall have ordinarily accepted meanings
such as the context implies.
[Ord. No. 99/08 § PM-105.5]
Whenever the words "dwelling unit", "dwelling", "premises",
"building", "rooming house", "rooming unit", "story", or "structure"
are stated in this code, they shall be construed as though they were
followed by the words "or any part thereof".
[Ord. No. 99/08 § PM-105.6]
Shall mean approved by the Code Official.
Shall mean that portion of a structure which is partly or
completely below grade.
Shall mean a room containing plumbing fixtures including
a bathtub or shower.
Shall mean any structure occupied or intended for supporting
or sheltering any occupancy.
Shall mean the building code officially adopted by the legislative
body of this jurisdiction, or other such codes officially designated
by the legislative body of the jurisdiction for the regulation of
construction, alteration, addition, repair, removal, demolition, location,
occupancy and maintenance of buildings and structures.
Shall mean the official who is charged with the administration
and enforcement of this code, or any duly authorized representative.
Shall mean to adjudge unfit for occupancy.
Shall mean all the written, graphic and pictorial documents
prepared or assembled for describing the design, location and physical
characteristics of the elements of the project necessary for obtaining
a building permit. The construction drawings shall be drawn to an
appropriate scale.
Shall mean a space in a building where group sleeping accommodations
are provided in one room, or in a series of closely associated rooms,
for persons not members of the same family group.
Shall mean a single unit providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
Shall mean the open space on the premises and on adjoining
property under the control of owners or operators of such premises.
Shall mean the control and elimination of insects, nondomesticated
animals or other pests by eliminating their harborage places; by removing
or making inaccessible materials that serve as their food; by poison
spraying, fumigating, trapping or by any other approved pest elimination
methods.
Shall mean an individual or married couple and the children
thereof with not more than two other persons related directly to the
individual or married couple by blood or marriage.
Shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
Shall mean space in a structure for living, sleeping, eating
or cooking. Bathrooms, toilet compartments, closets, halls, storage
or utility spaces, and similar areas are not considered habitable
spaces.
Shall mean any building containing six or more guestrooms,
intended or designed to be occupied, or which are rented or hired
out to be occupied, for sleeping purposes by guests.
Shall mean the presence within, or contiguous to, a structure
or premises of insects, nondomesticated animals, vermin or other pests.
Shall mean to permit possession or occupancy of a dwelling,
dwelling unit, rooming unit, building or structure by a person who
is or is not the legal owner of record thereof, pursuant to a written
or unwritten lease, agreement or license, or pursuant to a recorded
or unrecorded agreement of contract for the sale of land.
Shall mean animals that may be disease-bearing and destructive
or a nuisance in their own right, such as nondomesticated animals,
mice, squirrels, raccoons, bats and the like.
Shall mean the purpose for which a building or portion thereof
is utilized or occupied.
Shall mean any person living or sleeping in a building, or
having possession of a space within a building.
Shall mean a building containing one dwelling unit with not
more than two lodgers or boarders.
Shall mean that part of a window or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Shall mean any person who has charge, care or control of
a structure or premises which is let or offered for occupancy.
Shall mean any person, agent, operator, firm or corporation
having a legal or equitable interest in the property; or recorded
in the official records of the State, County or municipality as holding
title to the property; or otherwise having control of the property,
including the guardian of the state of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
Shall mean an individual, corporation, partnership or any
other group acting as a unit.
Shall mean the practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing code listed in Article VII.
Shall mean a receptacle or device which is either permanently
or temporarily connected to the water distribution system of the premises,
and demands a supply of water therefrom; or discharges waste water,
liquid-borne waste materials, or sewage either directly or indirectly
to the drainage system of the premises; or which requires both a water
supply connection and a discharge to the drainage system of the premises.
Shall mean a lot, plot or parcel of land including any structures
thereon and all adjacent municipal rights-of-way and municipal easements.
Shall mean and include the following:
The physical condition or occupancy of any premises regarded
as a public nuisance at common law; or
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, abandoned refrigerators or containers
of any kind which have an airtight door or lock which may not be released
for opening from the inside, basements, excavations and unsafe fences
or structures; or
Any premises that has unsanitary sewage or plumbing facilities;
or
Any premises designated as unsafe for human habitation; or
Any premises that is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecured so as to endanger life, limb
or property; or
Any premises that is unsanitary, or that is littered with rubbish
or garbage, or that has an uncontrolled growth of grass or weeds in
public view; or
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises.
Shall mean an architect or engineer, registered or licensed
to practice professional architecture or engineering, as defined by
the statutory requirements of the professional registration laws of
the state in which the project is to be constructed.
Shall mean a building arranged or occupied for lodging, with
or without meals, for compensation and not occupied as a one-family
dwelling or a two-family dwelling.
Shall mean any room or group of rooms forming a single habitable
unit occupied or intended to be occupied for sleeping or living, but
not for cooking purposes.
Shall mean combustible and noncombustible waste materials,
except garbage; the term shall include the residue from the burning
of wood, coal, coke and other combustible materials, paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery and dust
and other similar materials.
Shall mean that which is built or constructed or a portion
thereof.
Shall mean a structure is unfit for human occupancy whenever
the Code Official finds that such structure is unsafe, unlawful, or
because of the degree of which the structure is in disrepair or lacks
maintenance, is unsanitary, vermin or nondomesticated animal infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this code, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
Shall mean a room containing a water closet or urinal but
not a bathtub or shower.
Shall mean a building containing two dwelling units with
not more than two lodgers or boarders per family.
Shall mean one found in whole or in part to be occupied by
more persons than permitted under this code, or was erected, altered
or occupied contrary to law.
Shall mean and include any boiler, heating equipment, elevator,
moving stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is
in such disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or occupants of the
premises or structure.
Shall mean one that is found to be dangerous to the life,
health, property or safety of the public or the occupants of the structure
by not providing minimum safeguards to protect or warn occupants in
the event of fire, or because such structure contains unsafe equipment
or is so damaged, decayed, dilapidated, structurally unsafe, or of
such faulty construction or unstable foundation, that partial or complete
collapse is likely.
Shall mean the natural or mechanical process of supplying
conditioned or unconditioned air to, or removing such air from, any
space.
Shall mean executed in a skilled manner; e.g., generally
plumb, level, square, in line, undamaged, and without marring adjacent
work.
Shall mean an open space on the same lot with a structure.
[Ord. No. 99/08 § PM-106.1]
The Code Official shall enforce all of the provisions of this
code.
[Ord. No. 99/08 § PM-106.2]
The Code Official shall issue all necessary notices or orders
to ensure compliance with the code.
[Ord. No. 99/08 § PM-106.3]
The Code Official is authorized to enter the structure or premises
at reasonable times to inspect. Prior to entering into a space not
otherwise open to the general public, the Code Official 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. If requested entry is refused or not obtained,
the Code Official shall pursue recourse as provided by law.
[Ord. No. 99/08 § PM-106.4]
Every occupant of a structure or premises shall give the owner
or operator thereof, or 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. No. 99/08 § PM-106.5]
The Code Official shall carry proper identification when inspecting
structures or premises in the performance of duties under this code.
[Ord. No. 99/08 § PM-106.6]
Inspection of premises, the issuance of notices and orders and
enforcement thereof shall be the responsibility of the Code Official
so charged by the jurisdiction. Whenever inspections are necessary
by any other department, the Code Official shall make reasonable effort
to arrange for the coordination of such inspections so as to minimize
the number of visits by inspectors, and to confer with the other departments
for the purpose of eliminating conflicting orders before any are issued.
A department shall not, however, delay the issuance of any emergency
orders.
[Ord. No. 99/08 § PM-106.7]
The Code Official shall have power to interpret and implement
the provisions of this code to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions.
[Ord. No. 99/08 § PM-106.8]
The Borough Administrator shall appoint such number of officers,
technical assistants, inspectors, and other employees as shall be
necessary for the administration of this code and as authorized by
the appointing authority. The Borough Administrator is authorized
to designate an employee as deputy who shall exercise all the powers
of the Code Official during the temporary absence or disability of
the Code Official.
[Ord. No. 99/08 § PM-106.9]
An official 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 or employee engage in any work that conflicts
with official duties or with the interests of the department.
[Ord. No. 99/08 § PM-106.10]
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 at all appropriate
times and according to reasonable rules to maintain the integrity
and security of such records.
[Ord. No. 99/08 § PM-107.1]
It shall be unlawful for any person, firm or corporation 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 Code Official, or to remove
or deface a placard or notice posted under the provisions of this
code.
[Ord. No. 99/08 § PM-107.2; Ord. No. 06/12 § 2]
Any property owner may be fined in excess of $1,200 for a housing
or zoning violation, provided that prior to the imposition of a fine
in excess of $1,200, the property owner is afforded a 30 day period
to cure or abate the condition and is entitled to an opportunity for
a hearing before the Municipal Court for an independent determination
concerning the violation. Subsequent to the expiration of the 30 day
period, a fine greater than $1,250 may be imposed if the Municipal
Court has not determined otherwise or, upon reinspection of the property,
it is determined that the abatement has not been substantially completed.
[Ord. No. 99/08 § PM-107.3]
In case of any unlawful acts, the Code Official shall institute an appropriate action or proceeding at law to exact the penalty provided in subsection 14-7.2. Also, the Code Official shall ask the jurisdiction'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.
[Ord. No. 99/08 § PM-107.4]
The Borough, by resolution, may abate any nuisance, correct
any defect or put the premises in proper condition so as to remedy
any violation of this ordinance, at the cost and expense of the owner
or lessor, and expend Borough funds for such purpose and charge the
same against the premises and the amount charged shall be a lien against
the premises 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 at the same rate as taxes and shall be collected and
enforced in the same manner as taxes.
[Ord. No. 99/08 § PM-108.1]
Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in subsections 14-8.2 and 14-8.3. Notices for condemnation procedures shall also comply with subsection 14-8.3.
[Ord. No. 99/08 § PM-108.2]
Such notice prescribed in subsection 14-8.1 shall:
a.
Be in writing;
b.
Include a description of the real estate sufficient for identification;
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 the repairs
and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code.
[Ord. No. 99/08 § PM-108.3]
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. 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. No. 99/08 § PM-108.4]
Penalties for noncompliance with orders and notices shall be as set forth in subsection 14-7.2.
[Ord. No. 99/08 § PM-108.5]
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 Code Official,
shall furnish to the Code Official 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.
[Ord. No. 99/08 § PM-109.1]
When a structure or equipment is found by the Code Official
to be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this code.
[Ord. No. 99/08 § PM-109.2]
If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the Code Official
is authorized to post a placard of condemnation on the premises and
order the structure closed up so as not to be an attractive nuisance.
Upon failure of the owner to close up the premises within the time
specified in the order, the Code Official shall cause the premises
to be closed through any available public agency or by contract or
arrangement by private persons and the cost thereof shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
[Ord. No. 99/08 § PM-109.3]
Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with subsection 14-8.3. The notice shall be in the form prescribed in subsection 14-8.2.
[Ord. No. 99/08 § PM-109.4]
Upon failure of the owner or person responsible to comply with
the notice provisions within the time given, the Code Official shall
post on the premises or on defective equipment, a placard bearing
the word "Condemned" and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
[Ord. No. 99/08 § PM-109.5]
Any person who shall occupy a placarded premises or shall operate
placarded equipment, and any owner or any person responsible for the
premises who shall let anyone occupy a placarded premises or operate
placarded equipment shall be liable for the penalties provided by
this code.
[Ord. No. 99/08 § PM-109.6]
The Code Official shall remove the condemnation placard whenever
the defect or defects upon which the condemnation and placarding action
were based have been eliminated. Any person who defaces or removes
a condemnation placard without the approval of the Code Official shall
be subject to the penalties provided by this code.
[Ord. No. 99/08 § PM-110.1]
When, in the opinion of the Code Official, there is imminent
danger of failure or collapse of a building or structure which endangers
life, or when any structure or part of a structure has fallen and
life is endangered by the occupancy of the structure, or when there
is actual or potential danger to the building occupants or those in
the proximity of any structure because of explosives, explosive fumes
or vapors or the presence of toxic fumes, gases or materials, or operation
of defective or dangerous equipment, the Code Official is hereby authorized
and empowered to order and require the occupants to vacate the premises
forthwith. The Code Official shall cause to be posted at each entrance
to such structure a notice reading as follows: "This Structure is
Unsafe and its Occupancy has been Prohibited by the Code Official."
It shall be unlawful for any person to enter such structure except
for the purpose of securing the structure, making the required repairs,
removing the hazardous condition, or of demolishing the same.
[Ord. No. 99/08 § PM-110.2]
Notwithstanding other provisions of this code, whenever, in
the opinion of the Code Official, there is imminent danger due to
an unsafe condition, the Code Official shall order the necessary work
to be done, including the boarding-up of openings, to render such
structure temporarily safe whether or not the legal procedure herein
described has been instituted; and shall cause such other action to
be taken as the Code Official deems necessary to meet such emergency.
[Ord. No. 99/08 § PM-110.3]
When necessary for the public safety, the Code Official shall
temporarily close structures and close, or order the authority having
jurisdiction to close, sidewalks, streets, public ways and places
adjacent to unsafe structures, and prohibit the same from being utilized.
[Ord. No. 99/08 § PM-110.4]
For the purposes of this section, the Code Official shall employ
the necessary labor and materials to perform the required work as
expeditiously as possible.
[Ord. No. 99/08 § PM-110.5]
Costs incurred in the performance of emergency work shall be
paid from the treasury of the jurisdiction on approval of the Code
Official. The legal counsel of the jurisdiction shall institute appropriate
action against the owner of the premises where the unsafe structure
is or was located for the recovery of such costs.
[Ord. No. 99/08 § PM-110.6]
Any person ordered to take emergency measures shall comply with
such order forthwith. Any affected person shall thereafter, upon petition
directed to the appeals board, be afforded a hearing as described
in this code.
[Ord. No. 99/08 § PM-111.1]
The Code Official shall order the owner of any premises upon
which is located any structure, which in the Code Official's
judgment is so old, dilapidated or has become so out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy, and such that it is unreasonable to repair the structure,
to raze and remove such structure; or if such structure is capable
of being made safe by repairs, to repair and make safe and sanitary
or to raze and remove at the owner's option.
[Ord. No. 99/08 § PM-111.2]
All notices and orders shall comply with Section 14-8.
[Ord. No. 99/08 § PM-111.3]
If the owner of a premises fails to comply with a demolition
order within the time prescribed, the Code Official shall cause the
structure to be razed and removed, either through an available public
agency or by contract or arrangement with private persons, and the
cost of such razing and removal shall be charged against the real
estate upon which the structure is located and shall be a lien upon
such real estate.
[Ord. No. 99/08 § PM-111.4]
When any structure has been ordered razed and removed, the Governing
Body or other designated officer under said contract or arrangement
aforesaid shall have the right to sell the salvage and valuable materials
at the highest price obtainable. The net proceeds of such sale, after
deducting the expenses of such razing and removal, shall be promptly
remitted with a report of such sale or transaction, including the
items of expense and the amounts deducted, for the person who is entitled
thereto, subject to any order of a court. If such a surplus does not
remain to be turned over, the report shall so state.
[Ord. No. 99/08 § PM-112.1]
Any person affected by a decision of the Code Official or a
notice or order issued under this code shall have the right to appeal
to the Board of Appeals, provided that a written application is filed
within 20 days after the date the decision, notice or order was served.
An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully
apply, or the requirements of this code are adequately satisfied by
other means.
[Ord. No. 99/08 §§ PM-112.1 —
PM-112.3]
The Board of Appeals shall consist of six members appointed
by the Borough Council as follows: one for five years, one for four
years, one for three years, one for two years, and one for one year.
Thereafter, each new member shall serve for five years or until a
successor has been appointed.
a.
Qualifications. The Board of Appeals shall consist of six individuals,
one from each of the following professions or disciplines:
1.
Registered design professional that is a registered architect; or
a licensed building inspector, licensed under the Uniform Construction
Code; or a builder or superintendent of building construction with
at least 10 years experience, five of which shall have been in responsible
charge of work.
2.
Registered design professional with structural engineering or architectural
experience.
3.
Registered design professional with mechanical or plumbing engineering
experience; or a licensed plumbing inspector licensed under the Uniform
Construction Code; or a mechanical or plumbing contractor with at
least 10 years experience, five of which shall have been in responsible
charge of work.
4.
Registered design professional with electrical engineering experience;
or a licensed electrical inspector, licensed under the Uniform Construction
Code; or an electrical contractor with at least ten years experience,
five of which shall have been in responsible charge of work.
5.
Registered design professional with fire protection engineering experience;
or a fire protection contractor with at least 10 years experience,
five of which shall have been in responsible charge of work; or a
licensed fire inspector under the Uniform Fire Code or Uniform Construction
Code.
6.
A member of the Borough Council or the Borough Administrator.
b.
Alternate Members. The chief appointing authority shall appoint two
alternate members who shall be called by the Board Chairman to hear
appeals during the absence or disqualification of a member. Alternate
members shall possess the same qualifications required for Board membership,
and shall be appointed for five years or until a successor has been
appointed.
c.
Chairman. The Board shall annually select one of its members to serve
as chairman.
d.
Disqualification of Member. A member shall not hear an appeal in
which that member has a personal, professional or financial interest.
e.
Secretary. The chief administrative officer shall designate a qualified
clerk to serve as Secretary to the Board. The Secretary shall file
a detailed record of all proceedings in the office of the Borough
Administrator.
f.
Compensation of Members. Compensation of members shall be determined
by law.
g.
Notice of Meeting. The Board shall meet upon notice from the Chairman,
within 10 days of the filing of an appeal, or at stated periodic meetings.
[Ord. No. 99/08 §§ PM-112.4,
PM-112.4.1]
All hearings before the Board shall be open to the public. The
appellant, the appellant's representative, the Code Official,
and any person whose interests are affected shall be given an opportunity
to be heard.
a.
Procedure. The Board shall adopt and make available to the public
through the Secretary, procedures under which a hearing will be conducted.
The procedures shall not require a compliance with strict rules of
evidence but shall mandate that only relevant information be received.
[Ord. No. 99/08 § PM-112.5]
When five members are not present to hear an appeal, either
the appellant or the appellant's representative shall have the
right to request a postponement of the hearing.
[Ord. No. 99/08 §§ PM-112.6 —
112.6.2]
The Board shall modify or reverse the decision of the Code Official
by a concurring vote of three members.
[Ord. No. 99/08 § PM-112.7]
Any person, whether or not a previous party of the appeal, shall
have the right to apply to the appropriate court 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 Borough Administrator.
