Section 10-1 was readopted in entirety by Ord. No. 2018-970. Prior history includes Ord. Nos. 292, 387, 91-500, 92-510, 92-518, 94-553, 95-577, 95-597, 2000-685, 2005-761, 2012-883, 2012-885.
a. 
There is hereby established within the Borough of Pine Hill a State Uniform Construction Code Enforcing Agency to be known as the "department of construction code inspection and enforcement", (hereinafter referred to as the "department") consisting of a Borough Construction Official, building subcode official, plumbing subcode official, electrical subcode official, fire protection subcode official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code.
b. 
The position of Borough Construction Official is hereby created, whose duty it is to be the chief administrator of the department. The Borough Construction Official shall be qualified in at least one of the subcodes referred to in Subsection a. The Borough Construction Official shall undertake any duties and shall possess all powers delegated to municipal Construction Officials, pursuant to the Act and any regulations thereunder promulgated by the New Jersey Department of Community Affairs. The Borough Construction Official shall establish the day to day operating routines of the department and shall coordinate the activities of all subcode officials. In addition to the administrative functions, the Borough Construction Official may make advisory subcode technical interpretations where he or she has been qualified in that subcode, as specified in Subsection c below. However, each subcode official shall have exclusive decision-making authority with respect to the technical provisions of the particular subcode for which he has been appointed the subcode official.
c. 
Each official position in Subsections a or b above shall be filled by a person qualified and licensed for such position under the Act, and under any regulations promulgated thereunder by the State Department of Community Affairs, pursuant N.J.A.C. 5:23-5. More than one such official position may be held by the same person, provided that such person is qualified and licensed as aforesaid to hold each such position.
Furthermore, should the Borough Council deem it appropriate and necessary, an on-site inspection agency may be retained, by Borough contract, in lieu of any particular subcode official, pursuant to N.J.A.C. 5:23. Whenever the Borough contracts with private on-site inspection agency for any subcode, it shall appoint a Borough official to coordinate enforcement activities.
d. 
The Pine Hill Borough Council shall be solely responsible for appointing the Borough Construction Official and any necessary subcode officials. The Borough Council may also establish any other ancillary, support, or secretarial positions within the department as the Council may deem necessary to effectuate the provisions of the Act. The Borough Council shall be solely responsible for appointing persons to fill any ancillary, support, or secretarial positions within the department.
e. 
Personnel hired or transferred into the department on a full or part-time basis, for purposes of the administration of the Act and regulations promulgated thereunder, shall be hired or transferred by resolution of the Borough Council.
f. 
The Borough shall provide the Borough Construction Official, each subcode official and any appointed inspector with personal identification which shall be validated by the Borough. The identification shall include the words: "Borough of Pine Hill", as well as the name, title and photograph of the individuals.
g. 
The Borough Construction Official and any necessary subcode officials shall be appointed for a term of four years and shall, upon appointment to a second consecutive term or on or after the commencement of a fifth consecutive year of service, be granted tenure and shall not be removed from office except for just cause after a fair and impartial hearing.
h. 
The public shall have the right to do business with the department at one location, that being the Borough Offices, 48 W. 7th Avenue, Pine Hill, New Jersey, 08021. This location shall contain a central permit office under the direction and supervision of the Borough Construction Official. The central permit office shall receive applications for construction permits and plan review within the Borough of Pine Hill, and shall issue permits and certificates of occupancy, shall collect fees, penalties and fines, and shall issue notices and orders. The office shall be open during normal business hours at times to be determined by the Borough. These times shall be conspicuously posted and shall be comparable with the amount of construction activity in the Borough. The times shall not be changed except for emergency, unforeseen or unavoidable circumstances.
i. 
The Borough Construction Official and the subcode officials shall be available for consultation and discussion during normal business hours at scheduled times to be determined by the Borough Construction Official. All inspections shall occur between 9:00 a.m. and 5:00 p.m. on business days or while construction is taking place, or in the case of emergency, or with the permission of the owner or his representatives.
j. 
The Borough Construction Official, assisted by the subcode officials and any necessary Borough employees, shall maintain a central file system, by block and lot, for each property in the Borough for which a permit has been issued or requested or for which an action has been taken by the department.
k. 
On or before February 10th of each year, the Borough Construction Official shall, with the advice of the subcode officials (and in consultation with the Borough Finance Officer), prepare and submit to the Borough Council a report detailing the receipts and expenditures of the department. The report shall also indicate the Borough Construction Official's recommendations for changes in the department's fee schedule, based upon the operating expense of the department. This report shall be structured in accordance with guidelines and regulations promulgated by the New Jersey Department of Community Affairs, as specified in N.J.A.C. 5-23 et seq. The report shall be used by the Borough Council to enact any changes to the department fee schedule which the Borough Council may deem appropriate.
l. 
Not later than 30 days after the appointment or hiring of the Borough Construction Official, or each necessary subcode official, the Borough Clerk shall file with the State Department of Community Affairs a list containing the names and certification numbers of the Borough Construction Official and each subcode official.
The Borough Council of the Borough of Pine Hill hereby designates the Camden County Construction Board of Appeals as the local entity to hear all appeals from any final decision made by the department or by an official of the department.
a. 
Prior to construction, renovation, repairs, re-roofing or alteration of any building or structure, the owner, or his agent, shall submit an application to the department in writing, including signed and sealed drawings and specifications, if required by the department. The application shall be accompanied by the payment of all appropriate fees as required by this subsection.
b. 
The fee for a construction permit shall be the sum of all subcode fees applicable to the structure and shall be paid before the permit is issued.
c. 
New construction permit fees shall be based upon the volume in cubic feet of the proposed structure. The fee shall also depend upon the Use Group applicable to the structure. The Use Group shall be determined according to the use categories established by regulations of New Jersey Department of Community Affairs. The volume shall be computed in accordance with the regulations promulgated under the New Jersey Uniform Construction Code. The building subcode new construction permit fees shall be as follows:
1. 
All Use Groups (except commercial farm buildings) shall be $0.034 per cubic foot of volume minimum fee of $200. For new construction and additions, and $100 minimum for roof only structures.
2. 
Farm use buildings exclusively used for storage of food or grain or for the sheltering of livestock: $0.015 per cubic foot of volume. The maximum fee per structure in this category shall be $1,143.
3. 
Large open storage structures $0.020 per cubic feet over 100,000 square feet.
d. 
The building subcode fee for renovations, alterations, re-roofing, re-siding and/or repairs to existing structures shall be based upon the estimated cost of the work. Fees shall be charged as follows:
1. 
Estimated cost $30 per $1,000.
e. 
The building subcode fee for additions to existing structures shall be based upon volume, as determined in Subsection c. The fee shall be $0.034 per cubic foot of building or structure volume.
f. 
For combinations of renovations and additions: the total fee shall be the sum of the fees computed separately as renovations and additions.
g. 
The minimum building subcode fee for any construction in Subsections c to e shall be $75.
h. 
The fee for new fences over six feet and fences for pool barriers, shall be $0.25 per linear foot with a minimum fee of $45.
i. 
For all permits which depend upon estimated cost data for their fee calculation, the applicant shall submit to the department accurate cost data provided by an architect or engineer, by a recognized estimating firm, by a building contractor, or by the homeowner. The department shall then review the same for acceptability. The department shall make the final decision in determining the correct estimated cost.
j. 
Above ground swimming pool permit fees are $75.
k. 
In-ground swimming pool permit fees are $150.
l. 
Decks: residential decks will be charged a set fee for each deck based on size:
Under 100 square feet: $75.
One hundred one to 200 square feet: $100.
Two hundred one to 300 square feet: $150.
Three hundred one and over: $200.
Use Groups other than R-3 and R-5 shall be charged by estimated cost with minimum fees no less than the R-3 and R-5 fees based size.
m. 
Solar: Solar fees shall be charged by the estimated cost per Subsection d with a $200 minimum fee for one and two-family dwellings, and $400 minimum fee for all other use groups.
Plumbing subcode fees are hereby established as follows:
a. 
The permit fee for all of the following fixtures or appliances connected to the structure's plumbing system shall be $13 each:
Sinks, urinals, water closets, bidets, bathtubs, shower stalls, laundry tubs, hose bibs, floor drains, drinking fountains, water coolers, non-commercial dishwashers, garbage disposals, clothes washers, hot water heaters, indirect connections, or any similar miscellaneous devices not specifically herein mentioned.
b. 
The permit fee for all of the following special devices shall be $82 each:
Active solar systems, interceptors, backflow preventers, fuel oil piping, gas piping/gas service entrance, grease traps, commercial dishwashers, hot water boilers, oil separators, refrigeration units, sewer pumps, water and/or sewer utility connection, steam boilers, water-cooled air condition units.
c. 
(Reserved)
d. 
The minimum fee for all plumbing subcode fees is $75.
For new installations and replacement of mechanical equipment in R3, R4 and R5 shall be $75 for the first appliance and $15 for each additional appliance excluding new construction.
Electrical subcode fees are to be based upon the number of electrical fixtures and devices to be installed. The fee shall be a unit rate per fixture or device, as follows:
a. 
Lighting outlets, switching outlets, receptacle outlets, and fluorescent fixtures, motors or devices:
1. 
One through 50 outlets or fixtures: $50.
2. 
Each additional 25 such outlets or fixtures, or fraction thereof: $10.
b. 
Electrical devices, including generators and transformers (Note: For the purpose of computing these fees all motors except plug-in appliances shall be counted, including control equipment generators, transformers and all cooking or other devices consuming or generating electrical current):
1. 
One kilowatt to 10 kilowatts: $13.
2. 
Over 10 kilowatts to 45 kilowatts: $58.
3. 
Over 45 kilowatts to 112.5 kilowatts: $116 each.
4. 
Over 112.5 kilowatts: $576 each.
c. 
Electrical motors (Note: For the purpose of computing these fees all motors except plug-in appliances shall be counted, including control equipment generators, transformers and all cooking or other devices consuming or generating electrical current):
1. 
Over one horsepower to 10 horsepower: $13 each.
2. 
Over 10 horsepower to 50 horsepower: $58 each.
3. 
Over 50 horsepower to 100 horsepower: $116 each.
4. 
Over 100 horsepower: $576 each.
d. 
Service panels/service entrance/subpanels (Note: For the purpose of computing these fees, all motors except plug-in appliances shall be counted, including control equipment, generators, transformers and all cooking or other devices consuming or generating electrical current):
1. 
Zero to 200 amps: $58 each.
2. 
Over 200 to 1,000 amps: $116 each.
3. 
Over 1,000 amps: $576 each.
e. 
Swimming pools and related structures:
1. 
In-ground and above-ground pools:
(a) 
Outlets/bonding: $50 each.
(b) 
Motors (over one horsepower): $9 each.
(c) 
Minimum fee: $75.
2. 
Spas, hot tubs, hydromassage bath tubs, fountains, or therapeutic pools, each: $25.
f. 
Protective signaling systems excluding smoke alarms:
1. 
First 20 signaling devices or fraction thereof: $25.
2. 
Each additional five devices or fraction thereof: $8.
g. 
Electric baseboard heaters:
1. 
First floor: $12.
2. 
Each additional floor: $8.
h. 
Additional fees to be assessed:
1. 
A flat fee for all bonding shall be $25.
2. 
A flat fee for single and multiple station smoke or heat detectors and fire, burglar or security systems in any one- or two-family dwelling shall be a flat fee of $29 per dwelling unit. (N.J.A.C. 5:23-4.20(c)2iii(7)).
i. 
The minimum fee for an electrical subcode permit is $75.
The fire subcode fees include the costs of subcode inspection and shall be as follows:
a. 
The fee for flammable/combustible liquid tank installation or removal shall be $100 per tank.
b. 
Fireplaces: $50 each.
c. 
Woodburning stoves: $50 each.
d. 
Radiant heaters (gas, infrared, etc.):
1. 
First unit: $58.
2. 
Each other unit: $7.
e. 
Fire protection system standpipes, per riser, each: $289.
f. 
Fire sprinkler systems:
1. 
One to 25 heads: $85.
2. 
Each additional 25 heads: $35.
g. 
Each special fire suppression system (foam, carbon dioxide, halogenated, dry chemical): $116. (Kitchen hood systems).
h. 
Fire alarm devices, per dwelling unit (includes smoke detectors, heat detectors, alarm bells and lights, pull stations, exit lights, emergency lights and other similar devices).
1. 
From one to 25 devices or fraction thereof: $60.
2. 
Each additional 25 devices or fraction thereof: $35.
i. 
Crematoriums or incinerators, each: $460.
j. 
Kitchen exhaust systems: $50.
k. 
The fee for each gas or oil-fired appliance which is not connected to the plumbing system shall be $58.
l. 
Minimum inspection/fire code plan review fee: $75.
a. 
The fee for a building demolition or removal permit shall be $60 for a structure of less than 1,000 square feet in area and less than 30 feet in height, or for a one- or two-family dwelling (Use Group R-3 of the building subcode). The fee for structures over 1,000 square feet, and structures in all other use groups, shall be $100.
b. 
The fee for a permit for the relocation of a building or structure from one lot to another or to a new location on the same lot shall be $12 per $1,000 of the sum of the estimated costs for moving, excluding work done on site and for placement in the completed condition in the new location.
c. 
The fee for a permit to construct a sign shall be $4 per square foot for wall signs and $5 per square foot for ground signs of the surface area of the sign, provided that the minimum fee shall be $75. In case of double-faced signs, the area of the surface of only one side of the sign shall be used for the purposes of the fee computation.
a. 
The fee for plan review shall be 15% of the construction permit fee and shall be paid to the department at the time of submission of the application. The amount of this fee shall be deducted from the amount of the fee due for a construction permit when the permit is issued. The plan review fee is not refundable.
b. 
For projects which do not require plan review for all subcodes, the fee shall be the appropriate percentage of the subcode fees which are applicable.
c. 
Fee for Review of Revisions or Amendments. An additional fee of $57 an hour for review of any amendments or revisions to a plan that has already been released. (N.J.A.C. 5:23-4.20(b)(4)).
a. 
Definitions. As used in this subsection, the following terms shall have the following meanings:
APPLICANT
Shall mean any person who is required by this subsection to obtain a certificate of occupancy and pursuant to this subsection submits a request for an inspection of a dwelling unit.
DWELLING UNIT
Shall mean any structure or building and any part thereof, whether furnished or unfurnished, which is occupied or intended to be occupied, arranged or designed to be occupied for sleeping, dwelling or working purposes by one or more persons.
OCCUPANT
Shall mean any person or persons in actual possession of and living in the dwelling unit.
OWNER
Shall mean any person or persons who own, purport to own or are properly authorized to exercise powers of or for an owner of property used as a dwelling unit.
PERSON
Shall mean and include any natural person or persons, firm, partnership, corporation or association or any combination thereof.
RENT
Shall mean and include the leasing, rental or other granting of occupancy for any period of time where title to the dwelling unit is not transferred to the actual occupant at the time such occupancy commences.
SALE
Shall mean and include any conveyance or transfer of title, whether voluntary or involuntary, of real estate.
b. 
Certificate required.
1. 
No person, firm, partnership or corporation shall sell, rent, lease, suffer or allow any person or persons, firms, partnerships or corporations to live in or inhabit as a tenant or lessee any house, apartment or other structure, including a mobile home and modular unit, unless said person, firm, partnership or corporation shall first obtain from the Borough of Pine Hill an occupancy permit or continued certificate of occupancy in accordance with this chapter.
2. 
No person, group of persons, associations, partnerships or corporations, or any combination thereof, who own, manage, conduct or operate a dwelling unit shall sell, rent, lease, sublet or permit the same to be occupied or rented nor shall any person, group of persons, association, partnerships or corporations, or any combination thereof, purchasing or acquiring in any manner occupancy of dwelling units permit the same to be occupied, without first securing from the Construction Official a certificate of occupancy or a continued certificate of occupancy for said dwelling unit.
3. 
No certificate of occupancy or continued certificate of occupancy shall be issued for a dwelling unit unless the condition of the same complies with all of the statutes of the State of New Jersey, the rules and regulations issued thereunder, the ordinances of the Borough of Pine Hill now in existence or hereinafter enacted pertaining to building, plumbing, electrical, zoning, health, safety, fire and minimum housing standards, including but not limited to the 2000 International Building Code NJ Edition, 2000 International Building Code NJ Edition One and Two Family Dwellings, the 2002 Edition of the National Electrical Code, the 2000 Edition of The National Standard Plumbing Code, 2000 Edition of The International Property Maintenance Code and the 1998 Edition of the American National Standard, Accessible and Usable Buildings and Facilities and any other codes, rules and regulations established by the State of New Jersey and the Borough of Pine Hill.
4. 
In the event that there is a conflict in the provisions of the codes of the Borough of Pine Hill and the code, rules and regulations of the State of New Jersey, the higher standards for the promotion and protection of the health, safety and welfare of the inhabitants of the Borough shall prevail.
5. 
The Construction Official, and/or his assistants, deputies and/or the Code Enforcement Officer of the Borough of Pine Hill shall be the persons who have the duty to enforce this chapter or parts of this chapter.
6. 
The Construction Official, and/or his deputies, assistants and/or the Code Enforcement Officer shall have such powers as may be necessary to carry out the intent and purpose of this chapter or parts of this chapter, including but not limited to the following enumerated powers:
(a) 
To investigate the dwelling conditions of the Borough of Pine Hill in order to determine which houses, apartments or structures, including mobile homes and modular units, are unfit for human habitation.
(b) 
To enter into the lands and premises at reasonable times for the purpose of making housing inspections incidental to his duties.
(c) 
To delegate any of his functions and powers to persons designated by the Borough Council of the Borough of Pine Hill who are licensed to administer the Uniform Construction Code or the Code Enforcement Officer.
(d) 
Upon application of a property owner, to make an inspection of said house, apartment or other structure for which there has been an application for an occupancy permit or continued certificate of occupancy within five working days from the receipt of such application and the payment of the proper fees.
7. 
The Construction Official, and/or his assistants, deputies or the code enforcement official shall make a report promptly after such inspection and advise the applicant of any violations of the codes, statutes and ordinances governing said premises in the Borough of Pine Hill.
8. 
Violations of the foregoing statutes, codes, ordinances, rules and regulations, or noncompliance therewith, shall be grounds for denial of an occupancy permit or a continued certificate of occupancy.
9. 
Any individual, person, group of persons, associations, partnership or corporations, or any combination thereof, violating any of the terms of this chapter shall, upon conviction thereof, be subject to a fine not in excess of $500 or imprisonment for a term not in excess of 90 days, or both.
10. 
The fees to be charged for issuance of a certificate of occupancy shall be as follows:
(a) 
Final certificate of occupancy $85.
(b) 
Change of use certificate of occupancy $150.
(c) 
Continued certificate of occupancy $150.
(d) 
The fee for the issuance and the renewal of a temporary certificate of occupancy $50.
All applications for the issuance of a certificate of occupancy or continued certificate of occupancy as well as any applications for reinspection of property for the issuance of a certificate of occupancy or continued certificate of occupancy shall be accompanied by the fee stated herein.
11. 
An application for a certificate of occupancy or continued certificate of occupancy shall be valid for six months from the date the application is filed. In the event that a certificate of occupancy or continued certificate of occupancy is not issued within six months of the date that an application for said certificate is filed, the application shall be deemed null and void and of no effect. In the event that a certificate of occupancy or continued certificate of occupancy is requested after the six-month period, the persons requesting same shall be required to file a new application and to pay such fees as shall be required by the Borough of Pine Hill Code.
12. 
Upon the inspection of any dwelling unit, the construction code official, in his discretion, may cause to be issued a temporary certificate of compliance conditioned upon the applicant's removing any conditions which violates the standards set forth in the Borough of Pine Hill's Codes within a reasonable period of time not to exceed 30 days from the issuance of said certificate.
Upon correction of the violations by an applicant who has received a temporary certificate of compliance, the construction code official shall issue a permanent certificate of occupancy, provided that the applicant has paid all appropriate fees.
No temporary certificate of occupancy may be issued where the conditions to be abated render the property uninhabitable or pose a threat to the health, safety and welfare of a potential occupant.
13. 
(a) 
Every person who lets to another for occupancy as of the date of the adoption of this subsection any dwelling unit shall register the unit with the Borough of Pine Hill, who shall maintain a registry thereof. Registration forms shall be provided by the Borough and shall include the following information:
(1) 
The name, address and telephone number of the owner.
(2) 
The address of the dwelling unit.
(3) 
The term of existing or anticipated leases.
(b) 
The registration shall not have to be renewed as long as the dwelling unit shall continue to be used by the same owner as a rental dwelling. When the owner shall no longer let the premises to another for occupancy, the owner shall notify the Borough of Pine Hill of such fact in writing.
(c) 
Upon sale or conveyance of ownership of any such dwelling unit, the new owner shall, within 10 days after receipt of the deed, notify the Borough of Pine Hill in writing of the change in ownership.
(d) 
All owners to whom this subsection applies shall register in accordance with this section within 30 days of the date of the adoption hereof.
(e) 
In the event that the Borough has reason to believe that a property owner is not in compliance with this article as a result of the owner's failure to register in accordance with the above provisions, then the Borough, through the construction code officer or such other delegated agent, code enforcement official, employee or servant of the municipality, shall have the right to apply to the municipal court judge for a search warrant to enter upon the premises which is suspected to be in violation of this subsection in order to ascertain whether or not, in fact, the property is being rented and has not been registered in accordance with this subsection.
A fee for state training for alterations based on the cost of construction shall be charged per cubic foot per volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be charged per value of construction.
An administration fee shall be charged in the amount of 15%.
a. 
All construction, inspection and permit fees shall be paid to the Borough of Pine Hill through the Borough Construction Official's office, pursuant to N.J.S.A. 40A:5-15.
b. 
In the event that particular circumstances warrant the retention of on-site inspection services by the Borough of Pine Hill, the Borough shall be responsible for making payment to the designated on-site inspection agency pursuant to a contract entered into for said services, in accordance with the New Jersey local public bidding laws. The applicant who required said on-site inspection services shall be required to pay all necessary fees to the Borough of Pine Hill in accordance with the fee schedules established herein.
a. 
Any person or corporation, including an officer, director or employee of a corporation, who:
1. 
Violates any of the provisions of this section;
2. 
Constructs a structure or building in violation of a condition of a building permit;
3. 
Fails to comply with any order issued by the Borough Construction Official or any subcode official;
4. 
Makes a false or misleading written statement or omits any required information or statement in any application or request for approval to the department;
5. 
Knowingly sells or offers for retail sale any item, device or material, the regular and intended use of which would violate any provision of the State Uniform Construction Code;
Shall be subject to a penalty of not more than $250.
Paragraph a5 of this subsection does not prohibit the retail sale or offering for retail sale of any item, device or material which has more than one regular and intended use, if one of those uses does not violate the code, provided that the item, device or material is not publicly advertised or promoted by the seller or manufacturer as suitable for a use that would violate any provisions of the code.
b. 
Anyone who knowingly refuses entry or access to an inspector or official lawfully authorized to inspect any premises, building or structure subject to this section or who unreasonably interferes with such an inspector shall be subject to a fine of not more than $250.
c. 
With respect to Subsection a3 of this subsection, a person shall be guilty of a separate offense for each day that he fails to comply with a stop construction order validly issued by the department and for each week that he fails to comply with any other order validly issued by the department. With respect to Subsections a1 and a4 of this subsection, a person shall be guilty of a separate offense for each violation of this section and for each false or misleading written statement or omission of required information or statement made in any application or request for approval to the department. With respect to Subsection a2 of this subsection, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.
Fees for any asbestos abatement project shall be as follows:
a. 
An administrative fee of $140 for each construction permit issued for an asbestos hazard abatement project;
b. 
An administrative fee of $28 for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project;
c. 
The authorization and reauthorization fees for the asbestos safety control monitor as delineated in N.J.A.C. 5:23-8.11.
a. 
The fee for a permit for lead hazard abatement work shall be $140.
b. 
The fee for a lead abatement clearance certificate shall be $28.
a. 
Fees are waived for the installation of handicap ramps only on residential properties.
a. 
Application for variation in accordance with N.J.A.C. 5:23-2.10:
Type
Fee
Class I
$594
Class II and Class III
$120
Resubmission, Class I
$229
Resubmission, Class II and Class III
$65
The Mayor and Council has declared and determined that there exist in the Borough, buildings which are unfit for human habitation or occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents, or other calamities, lack of ventilation, light or sanitation facilities, or due to any condition rendering such building or buildings, or part thereof, unsafe or unsanitary, or dangerous, or detrimental to the health or safety or otherwise inimical to the welfare of the Borough residents; the resolution having been adopted pursuant to the provisions of the Revised Statutes of New Jersey.
No owner or party having any interest in any building which is, or may become, dangerous to human life, safety or health, or dangerous to adjacent property, or which would be likely to extend conflagration, shall permit the same to remain in the Borough.
As used in this section:
a. 
PUBLIC OFFICER - Shall mean the officer, board or body who is authorized by ordinances to exercise the powers prescribed by this section.
b. 
PUBLIC AUTHORITY - Shall mean any housing authority or any officer who is in charge of any department or branch of the government of this Borough, county or state relating to health, fire, building regulations, or to other activities, concerning buildings in the Borough.
c. 
OWNER - Shall mean the holder of the title in fee simple.
d. 
PARTIES IN INTEREST - Shall mean all individuals, associations, and corporations who have interests of record in a building and any who are in actual possession thereof.
e. 
BUILDING - Shall mean any building, or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
The Chairman of the public safety committee and any officer listed in subsection 10-1.1, or any Borough official designated by Council is hereby designated as the public officer to exercise the powers prescribed by this section.
Whenever a petition is filed with the public officer of a public authority or by at least five residents of the Borough charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer, on his own motion, that any building is unfit for human habitation or occupancy or use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of the parties in interest in such building, a complaint stating the charges in that respect and containing a notice that a hearing shall be held before the public officer, or his designated agent, at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint; that 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; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer.
If, after such notice and hearing, the public officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
a. 
Requiring the repair, alteration or improvement of the 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 time set forth in the order; and
b. 
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.
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 such 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 or occupancy or use; the use of this building is prohibited and unlawful".
If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished.
The amount of such cost of such repairs, alterations or improvements, or vacating and closing or removal or demolition shall be a municipal lien against the real property upon which such cost was incurred. A detailed statement of the aforesaid costs shall be filed with the Borough Tax Assessor or other custodian of the records of tax liens, and a copy of the detailed statement shall be forthwith forwarded to the owner by registered mail. If the building is removed or demolished by the public officer, he shall sell the materials of such building and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the Superior Court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of the court; provided, that nothing in this subsection shall be construed to impair or limit in any way the power of the Borough to define and declare nuisances or to cause their removal or abatement by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount of the accuracy of the costs set forth in the Borough lien certificate.
The public officer may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents or such Borough, such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation, disrepair, structural defects, uncleanliness; such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a building for human habitation or occupancy or use.
Complaints or orders issued by a public officer shall be served upon persons either personally or by registered mail, but if the where-abouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Borough, or, in the absence of such newspaper, in one printed and published in the county and circulating in the Borough in which the buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.
The public officer may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section including the following powers in addition to those herein granted:
a. 
To investigate the building conditions in the Borough in order to determine which buildings therein are unfit for human habitation or occupancy or use;
b. 
To administer oaths, affirmations, examine witnesses and receive evidence;
c. 
To enter upon 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;
d. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this section; and
e. 
To delegate any of his functions and powers to such officers and agents as he may designate.
[Ord. No. 2018-969]
a. 
Pursuant to the provisions of N.J.S.A. 40:49-5.1 and N.J.A.C. 5:28-1, the New Jersey State Housing Code is hereby accepted, adopted and established as the standard to be used as a Guide in determining the fitness of a building for human habitation, occupancy or use.
b. 
Copies on File. A copy of the New Jersey State Housing Code has been placed on file in the Office of the Borough Clerk and is available to all persons desiring to use and examine the same. Said New Jersey State Housing Code is hereby adopted in its entirety.
[1]
Editor's Note: Former § 10-3, Rent Review, previously codified herein and containing portions of Ordinance No. 92-517, was repealed in its entirety by Ordinance No. 99-670. Prior ordinances codified herein include portions of Ordinance Nos. 227, 281 and 0-85-411.
REAL PROPERTY
Shall mean any type of real estate including commercial or residential, improved or unimproved lots, single family homes, multiple dwellings, and property held in any manner, including fee simple, condominium or cooperative forms of ownership.
STREET ADDRESS
Shall mean the address at which the person actually resides, and shall include a street name or rural delivery route in addition to any postal office box number which may be included.
The purpose of this section is to require clear display of numbers which have been authorized and assigned to all houses, buildings or other structures which have frontage on any street in the Borough of Pine Hill in order to assist the general public and emergency services, both public and private, in identifying the property in case of emergency.
All dwelling houses, stores, buildings or other structures erected or to be erected within the Borough of Pine Hill shall display house numbers assigned by the Tax Assessor, or other town designee, as provided herein.
The owner, occupant or lessee of each and every house, store or other building which now fronts or may front upon any public or private street within the Borough of Pine Hill shall, at his own expense, within 90 days after the adoption of this section, cause the assigned number of such house or building to be permanently and conspicuously placed in accordance with the specifications set forth herein.
a. 
House or building numbers shall be:
1. 
In Arabic numerals or letters.
2. 
A minimum height of three inches.
3. 
Mounted in a secure fashion on the front of the building so as to be clearly visible from the road, if possible.
4. 
Of a contrasting color to the background and arranged in such a manner so as to be clearly legible from the street.
5. 
At least 30 inches above ground level and so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the street upon which the building fronts.
b. 
If the structure is not visible from the street or road on which it is located, and no mail box is beside the driveway leading to the structure, a sign or number post shall be erected which will allow the numbers to be displayed either vertically from the top down or horizontally.
c. 
Remove any different number which might be mistaken for or confused with the number assigned to said structure by the issuing authority.
d. 
In cases where the principal building or structure is occupied by more than one building or structure is occupied by more than one business or family dwelling unit, each separate front entrance shall display a separate number. Where suite or lot numbers are assigned, the suite or lot number shall also be displayed in the same manner as the house number.
e. 
Mail boxes shall be marked with the house number.
House numbers shall be assigned by the Tax Assessor, or other Borough designee. Every owner, occupant or lessee of a building constructed or to be constructed in the town shall apply to the construction code official for an authorized number.
Pursuant to N.J.S.A. 40:48-2.53 any owner of real property situated within the Borough of Pine Hill is required to register with the municipal Clerk the street address of his residence whenever that owner does not reside at his property, in the case of residential premises, or does not operate a business at the property, in the case of commercial property.
Upon the failure of an owner, occupant or lessee to ascertain and affix upon any building to which this section applies the assigned number within three months after the final adoption and publication, the Borough may enforce the provisions herein.
Any person who violates the provisions of this section shall, upon conviction, be punished by a fine not to exceed $200.
As used in this section.
a. 
FENCE - Shall mean a protective or confining barrier of posts, wire, netting, spikes, cables, canvas or cloth.
b. 
WALL - Shall mean an upright structure of wood, stone, metal, shrubs, trees or bushes.
a. 
No fence or wall shall be constructed without first obtaining a building permit from the Borough Building Inspector.
b. 
No fence or wall shall be constructed or erected so as to encroach upon a public right-of-way or easement.
c. 
No fence or wall shall be constructed or erected so as to interfere with the natural drainage of existing topography or as to block or interfere with surface water drainage.
d. 
Every fence or wall shall be maintained in a safe and upright condition.
a. 
No fence or wall shall be constructed or erected along the front or side yard property lines in a residential district except as follows:
1. 
All walls and all closed weaved or closed picket fences shall not exceed three feet in height.
2. 
Open weaved or chain-link type fences shall not exceed four feet in height.
No fence or wall shall be constructed or erected with the following materials; barbed wire, poultry netting, metal spikes, canvas, cloth, guardrail, cables, electrified materials, collapsible or expandable materials or logs, railroad ties and telephone poles with a diameter of over six inches.
a. 
The regulations contained herein shall not be construed to interfere or regulate fences or walls necessary to the public welfare erected by a governmental agency or as required by the laws of the county, State or federal government.
b. 
The regulations contained herein shall not be construed to amend section 14-9 of the Revised General Ordinances of the Borough of Pine Hill pertaining to fencing around swimming pools.
c. 
The regulations contained herein shall not be construed to restrict the construction or erection of a retaining wall which shall be constructed in accordance with all other regulations of the Borough.
The regulations of this section shall be enforced by the Borough Building Inspector as follows:
a. 
If he determines that any fence or wall is in violation of any of these regulations, he shall notify the owner in writing to correct the unlawful condition within 30 days.
b. 
If the unlawful condition is not corrected within 30 days of the notice to owner, the Building Inspector shall file a complaint in the Pine Hill Municipal Court pursuant to the penalties provision of this Ordinance.
a. 
Fences in existence on May 19, 1975 may be continued but not extended. This provision shall not apply to the regulation prohibiting unsafe fences.
b. 
No building permit is required to repair or replace a conforming fence unless the fence is to be extended in height or length, then a building permit shall be required.
c. 
A building permit shall be required to replace any nonconforming fences.
Any person other than property owners of the Borough performing work on their own property, shall be required to secure a license from the Borough for any work to be performed in the Borough which requires a building permit.
Each license issued shall be effective for the calendar year in which it is issued, expiring December 31 at midnight of each year. No license shall be in effect for more than one calendar year.
It shall be the duty of the Building Inspector to issue all licenses.
The Building Inspector shall at any time during the life of a license or licenses have the authority to revoke the license for any violation of the building code, as amended or supplemented, or for any other valid reason, in the opinion of the Building Inspector, which may be beneficial to the citizenry of the Borough.
The Building Inspector shall have the right to withhold the issuance of any license pending investigation of the applicant, should such an investigation be warranted in the opinion of the Building Inspector.
Any persons holding a license or making application for a license which is revoked or refused may appeal to the Borough Council.
Any person who obtains a license, other than the exceptions named within this subsection, may apply for a building permit covering the work to be performed within the Borough.
The fee for each license shall be $25.
Any person violating any provisions of section 10-6 shall be subject to the penalties as set forth in § 21 of the Building Code of the Borough, as amended and supplemented, to which this section is an amendment.
All buildings, except out-buildings requiring a building permit for new construction shall henceforth install sidewalk and curbing along the county or local thoroughfare contiguous to the property upon which the building is being constructed. The landowner or builder, or both shall be responsible for the costs of the installation of all requirements such as sidewalks, curbs, driveways, etc., as outlined in this chapter.
All landowners or contractors installing or replacing existing sidewalk, curbing, driveways, etc., along the county or local thoroughfare contiguous to any property within the Borough shall comply with all the requirements as outlined in this chapter.
[Amended 11-1-2021 by Ord. No. 2021-1010]
In the event that a landowner or builder shall feel that the installation of sidewalks or curbs is not needed or proper, he may make application in writing to the Borough Council for a waiver of such requirements. Such request must be filed in writing prior to the issuance of a building permit and must be accompanied by an escrow deposit or fee of $350 to be filed with the Borough Clerk.
The Borough Council upon the recommendations of the Borough Engineer shall determine whether or not the waiver request shall be granted or denied. The waiver request may only be granted in cases where the installation of sidewalks and/or curbs is not in the best interests of the Borough and/or the surrounding residents because such installation would not conform to the character of the street or surrounding properties; or installation would create an unsound engineering condition in the area.
The Borough Clerk shall notify the building subcode official of Council's decision with respect to the waiver request in writing within 30 days of their decision. In no event is a building permit to be issued until a written grant of waiver of sidewalks and of curbs is received by the building subcode official in such cases where said waiver has been requested.
Whenever sidewalk and curbing are required under the provisions of this section, and before any building permit shall be issued, the abutting county or local street shall have been certified to be suitably improved by the Borough Engineer or head of the highway department, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the governing body, as adequate in respect to the public health, safety and general welfare of the special circumstances of the particular street.
[Amended 11-1-2021 by Ord. No. 2021-1010]
Construction, installation, location, grade and all specifications shall be in accordance with the requirements as set forth by the Borough Engineer. All building permits which require the installation of sidewalks and/or curbs shall also require that the actual construction be subject to periodic inspection and approval of the Borough Engineer or his designee, which may be the Borough Road Superintendent or other qualified person.
[Amended 11-1-2021 by Ord. No. 2021-1010]
An escrow deposit of $1,000 to be used by the Borough of Pine Hill for any costs incurred by it for inspections or related items concerning the installation of curbs or sidewalks shall be filed with the Borough Clerk before the Borough Engineer will perform.
All excess escrow funds shall be returned to the applicant after all actual costs have been deducted.
[Amended 11-1-2021 by Ord. No. 2021-1010]
In the event the costs exceed the $1,000, the Borough must be reimbursed for any additional fees charged prior to the issuance of a certificate of occupancy for said property.
The certificate of occupancy or temporary certificate of occupancy shall not be issued until all sidewalk and curbing improvements are completed and approved as satisfied and the county or local street has been certified to be suitably improved as set forth above; together with all funds for professional fees on file with the Borough of Pine Hill being sufficient to cover all costs.
A permit fee shall be charged by the Borough Clerk for the issuance of a sidewalk, curbing, driveway, etc. permit, for installation or replacement of sidewalk, curbing, driveway, etc., which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The permit fee shall be $50.
a. 
The owner or owners, occupant or occupants, tenant or tenants of premises abutting or bordering upon any street in the Borough shall remove all snow and ice from the abutting sidewalks of such streets or, in the case of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, salt or other suitable materials within 12 hours of daylight after the same shall fall or be formed thereon.
b. 
In case the building is occupied by more than one family or business unit, then the tenant or occupant of the first floor or story thereof is hereby required to remove all snow and ice from such portion of the sidewalks or, in the case of ice which is impracticable to remove, cover the same with sand, salt or other suitable materials within 12 hours of daylight after the same shall be formed or fall thereon.
a. 
No person, firm or corporation not the owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street in the Borough, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice, which accumulated within the private property belonging to said person, upon the sidewalks or streets of the Borough.
Snow and ice shall be removed from brick and concrete pavers with normal hand equipment or motorized vehicles. When shoveling, use poly material shovels. Snowplow blades shall be equipped with a rubber edge and set at 1/4 inch above the pavement. Do not use snow chains on the tires of any plow vehicles. Do not use sharp objects to chop ice on bricks. If possible, rotary brushes and snow blowers are preferred. Do not use rock salt (sodium chloride or calcium chloride) for snow and ice removal on brick/concrete pavers; only use sand or cinders for traction control in conjunction with non-sodium de-icers.
The owner or owners, occupant or occupants, tenant or tenants of premises or business unit or units abutting or bordering upon any street in the Borough where brick and concrete pavers have been installed shall use the following basic maintenance: Concrete pavers require no special maintenance as natural weathering keeps most concrete paving systems clean and beautiful. Pressure washers are not to be used on flexible base applications, as the pressure washer tends to remove joint sand which compromises interlock. A stiff application brush and a normal pressured garden hose may be used. For specific cleaning situations like oil stains or spills, use only commercial cleaners generally available at masonry supply outlets. When using any type of cleaner, always test on a small hidden portion of the pavement. Wet pavement thoroughly before cleaning and rinse after with clean water. Do not use muriatic acid on pavers.
Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be subject to a fine not to exceed $500 or to imprisonment in the county jail for a term not to exceed 90 days in the discretion of the court, and each day's continuance of the violation shall constitute a separate and distinct violation.
[1]
Editor's Note: Prior ordinances codified herein include Ordinance No. 92-513.
[Ord. No. 93-541; Ord. No. 2000-685; Ord. No. 2013-899; amended 12-16-2019 by Ord. No. 2019-983]
A certain document, three copies of which are on file in the office of the municipal Clerk of the Borough of Pine Hill, being marked and designated as the 2018 Edition of the International Property Maintenance Code as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Borough of Pine Hill, 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 Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection 10-8.2 of this section.
[Ord. No. 93-541; Ord. No. 2000-685; Ord. No. 2013-899; amended 12-16-2019 by Ord. No. 2019-983]
All ordinances or parts of ordinances inconsistent with this section are hereby repealed as to such inconsistency only.
[Ord. No. 93-541; Ord. No. 2000-685; Ord. No. 2013-899; amended 12-16-2019 by Ord. No. 2019-983[1]]
The following sections are hereby revised:
Section 101.1 Insert: Borough of Pine Hill
Section 103.5 Insert: Fees: Intentionally left blank
Section 304.14 Insert: Insect Screens: Dates: From May 1st to October 1st
Section 602.3 Insert: Heat Supply: Dates: From November 1st to April 1st
Section 602.4 Insert: Occupied Work Space: Dates: From November 1st to April 1st
[1]
Editor's Note: This ordinance provided that the section numbers cited below have been revised to reflect the appropriate section numbers of the 2018 Edition of the International Property Maintenance Code, a copy of which is on file in the Borough offices.
[Ord. No. 93-541; Ord. No. 2000-685]
Nothing in this section or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Subsection 10-8.2 of this section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[Ord. No. 2000-685; Ord. No. 2003-719]
a. 
Unlawful Acts. It shall be unlawful for the owner of a property situated within the Borough to fail to comply with the Property Maintenance Code of the Borough.
b. 
Notice. Whenever the Code Enforcement Officer of the Borough, his/her agent or other representative of the Borough shall determine that a property is in violation of the Property Maintenance Code, written notice of the violation(s) shall be provided in the manner set forth in Subsection c herein.
c. 
Service of Notice.
1. 
The notice described in Subsection b. shall be sent by regular mail to the owner of the property at his/her/its last known address as kept on file in the office of the collector of taxes for the Borough.
2. 
Notice shall be considered to have been provided to the property owner upon a showing that the regular mailing was not returned to the Borough.
d. 
Corrective Measures.
1. 
In the event that the owner fails to correct the violation(s) to the satisfaction of the office of code enforcement for the Borough or otherwise respond in the matter set forth in this chapter after notice has been provided, the Borough may correct or cause the violation(s) to be corrected.
2. 
In the event that the Borough is required to act in accordance with Subsection d1, the office of code enforcement for the Borough shall certify the cost of corrections to the Borough Council.
e. 
Examination by Borough Council. Upon such certification to the Borough Council of the cost to correct the violations, the Borough Council shall examine the certification and, if found correct and reasonable, the cost shall be charged to the owner and against the property by resolution.
f. 
Lien on Property. Upon the passage of the resolution by the Borough Council as set forth in Subsection e above, the assessment so charged shall become a lien on the property and shall be added to and become a part of the taxes next to be assessed and levied upon the property, the same to bear interest at the same rate as allowed for unpaid taxes, and shall be collected and enforced by the same officers and in the same manner as unpaid taxes.
[Ord. No. 94-566]
It is the legislative intent of the Borough Council of the Borough of Pine Hill to adopt an ordinance instructing the Construction Official to collect taxes as a prior condition of the issuance of a building permit on a given building lot as a condition of the issuance of a building permit pursuant to N.J.S.A. 40:55-D-39(e).
[Ord. No. 94-566]
Within the time frames as provided by law for the effective date of this section, it shall be required by the Construction Official to require that the owner of any building lot upon which any application for a commercial or residential building permit is sought that collection in full to date of unpaid real estate taxes be required as a condition of the issuance of any building permit on any given lot.
[Ord. No. 94-566]
The Construction Official of the Borough of Pine Hill shall require proof of payment of all unpaid real estate taxes by the applicant prior to the issuance of any building permit.
[Ord. No. 94-568; amended 11-1-2021 by Ord. No. 2021-1010]
All applicants for construction permits shall have the application reviewed by the municipal construction official and/or municipal consulting engineer to determine whether a topography and grading plan is required to be filed as part of the approval process by the borough for the issuance of a construction permit. The factors to be considered in making this determination are set forth below:
a. 
All grading or earthwork in excess of 200 square feet on developed or undeveloped properties not covered by site plan review must submit an application for a building permit. Where disturbance is less than 200 square feet but ground disturbance interferes with the existing drainage pattern an application for a building permit shall be submitted in accordance with this chapter.
b. 
All requirements shall be identical to those noted under Subsection 10-10.4 relative to the grading plan, review and inspection.
c. 
All agricultural tilling or tilling for landscaping purposes shall be exempt from the requirements of this section provided that significant changes in drainage patterns do not result.
d. 
The building permit fee for site grading or earthwork shall be as established in Subsection 11-5.1.
e. 
All grading work must be completed within 180 calendar days from the issuance of the permit. Extension of time may be granted by the Construction Official when conditions warrant same.
[Ord. No. 94-568; amended 11-1-2021 by Ord. No. 2021-1010]
a. 
In the event a topography and grading plan is required to be filed as part of the application process, the applicant shall be notified in writing of the section requirements and of the amount of escrow fees to be deposited with the borough for inspections and plan review.
b. 
Following receipt of the grading plan and the required escrow fees, the Construction Official will forward the grading plan to the Borough Engineer. The Borough Engineer will review the plan and notify the applicant and Construction Official of any required revisions. Final approved plans shall be provided to the Construction Official at which time the building permit can be issued.
c. 
Following completion of all grading and drainage work, the applicant must submit two copies of an as-built survey, prepared by a New Jersey licensed surveyor or professional engineer, with final grades and request a final inspection. If any discrepancy exists between the grading plan and actual construction, the developer will be required to perform any necessary site work to correct the deficiency. All as-built site work must be done in conformity with the approved grading plans. Any significant deviations may be approved only by the relevant approving agency.
d. 
Following completion of all work, the Borough Engineer shall conduct the final inspection and notify the Construction Official, in writing, whether the final construction is in compliance with the approved grading plan and that a Certificate of Occupancy may be issued. The Construction Official shall issue the Certificate of Occupancy only if all conditions for the approved grading plan have been satisfied.
e. 
Failure to perform according to the conditions of the grading plan will result in the withholding of the Certificate of Occupancy.
[Ord. No. 94-568; amended 11-1-2021 by Ord. No. 2021-1010; 8-7-2023 by Ord. No. 2023-1032]
a. 
A flat fee in the amount of $500 shall be paid at the time of submission of a Grading Plan (per Lot) and a sum of $400 in the event upon submission of any revised Grading Plan. These fees are flat fees and constitutes by this Chapter the actual fee charged to the Borough of Pine Hill by its Engineer.
b. 
Inspection fees. A flat inspection fee of $500 per Lot for Subdivisions shall be submitted by the applicant to be utilized for the payment of the Borough Engineer's inspection of the site in accordance with this Chapter."
c. 
Reinspection fees. A flat fee of $400 shall be paid to the Borough of Pine Hill for any reinspection of a Grading Plan in the event the initial inspections shall reveal errors/omissions and construction not in accordance with the filed Plan. Each reinspection shall be charged at the flat rate of $400 and shall be paid at the time of the request for any reinspection.
d. 
No Certificate of Occupancy shall be issued until the Grading Plan shall have been submitted and finally approved as built.
e. 
All fees paid under this Chapter shall be paid to the Treasurer of the Borough of Pine Hill.
[Ord. No. 94-568; amended 11-1-2021 by Ord. No. 2021-1010]
When a topography and grading plan is required, it shall be prepared to include the following information:
a. 
Outbounds and topographic survey prepared by a land surveyor, licensed in the State of New Jersey, including the depiction of any existing or proposed easements. The topography shall include contours at one-foot intervals and spot elevations at all property corners, low or high points and other distinct topographic features.
b. 
All zoning setback lines and proposed building setbacks shall be shown on the plan.
c. 
Location of all existing improvements and/or utilities and all proposed improvements consisting of, but not limited to, accessory buildings, curbs, sidewalks, driveways, patios, decks, pools, fences, drainage facilities and utility service lines shall be shown on the plan.
d. 
Proposed elevations at all property corners, building corners, curb, sidewalk, adjoining roadways and proposed swales or intermediate elevations as may be necessary to determine the proposed drainage patterns.
e. 
When curb and sidewalk is proposed along a street, the grading plan shall also include spot elevations along the center line, edge of paving, proposed gutter line and top of curb and sidewalk at intervals no greater than 50 feet. A profile depicting these elevations and proposed design shall be included with the grading plan.
f. 
The grading plan shall be prepared to avoid an adverse impact on all adjoining or adjacent properties and provide adequate provisions to minimize erosion during construction. The plan shall not increase the amount of water which drains onto adjoining lots. For properties where a drainage problem already exists, the drainage plan shall reduce the impact on adjoining tracts to the greatest extent practicable by causing the surface water to drain to nearby streets, into approved drainage facilities or into other accepted devices. All lots shall be graded to direct surface water runoff away from structures and toward the frontage road or other defined drainage paths
g. 
Lawn areas shall be sloped away from the buildings and structures at a minimum of 4% for the first 6 feet from a foundation wall. A minimum slope of 2% shall be maintained in all other lawn areas.
h. 
All slopes shall be no greater than 3:1.
i. 
Driveway grades shall not exceed 12%.
j. 
No grading shall occur within five feet of a property line unless necessary to direct drainage off the site and into acceptable drainage facilities in accordance with these standards. When an applicant proposes to grade over an adjoining property line, written permission/agreement from the adjoining property owner must be obtained and a waiver from the minimum required must be obtained. Where an applicant proposes to grade over an adjoining property line, written permission in the form of an agreement for easement shall be recorded in the Camden County Clerk's Office, from the adjoining property or developer and a copy shall be filed with the Building Office of the Borough of Pine Hill and the Planning Board or Zoning Board of the Borough of Pine Hill, whereas a subdivision or variance shall have been approved. The document between the parties must be notarized in order to file and record.
k. 
If a retaining wall is proposed, construction details must be provided. In cases where a retaining wall is higher than 48 inches, calculations prepared by a licensed professional engineer must be submitted certifying the stability of the structure.
l. 
All grading plans shall be prepared, signed and sealed by a professional engineer or licensed surveyor in the State of New Jersey.
[Ord. No. 97-628]
The Construction Official of the Borough of Pine Hill shall require as a condition of issuance of any building permit in the Borough of Pine Hill, the placement on the actual construction premises, and not on the public streets or adjacent properties, rubbish or trash collection containers known commonly as dumpsters, sufficient to hold and remove all construction waste during the construction activity. Said container shall be emptied on a frequency necessary that the construction waste and debris shall not accumulate on the exterior thereof. The Construction Official is hereby authorized to waive this requirement in any instance where subject construction shall generate less than one cubic yard of waste.
[Ord. No. 97-628]
This section shall be applicable to any building permit issued after the effective date of this section.
[Ord. No. 97-628]
The penalty for violation of this section shall be $100 per violation. Each day said violation exists shall be considered to be a separate violation. In addition to the penalties provided in this section, the construction code official shall be empowered to take such other action as may be available to him under the New Jersey Uniform Construction Code, the BOCA Code or under any such other law or ordinance as may apply.
[1]
Editor's Note: Regulations concerning rental properties as codified in subsections 10-12.1 through 10-12.18 were amended in entirety by Ord. Nos. 2016-937 and 2016-941 and may be found at §§ 10-22 through 10-24.
[Ord. No. 2010-858]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Pine Hill so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2010-858]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Pine Hill or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources."
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2010-858]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in Subsection 10-13.4 below prior to the completion of the project.
Storm drain inlets identified in Subsection 10-13.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this Subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 10-13.4c below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space four and 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
This section shall be enforced by the Code Enforcement Officer of the Borough of Pine Hill.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,200 for each storm drain inlet that is not retrofitted to meet the design standard.
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Pine Hill and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, ords used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Pine Hill or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources."
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Pine Hill.
[Ord. #2010-859, SIV]
a. 
Permitted temporary demolition containers
b. 
Litter receptacles (other than dumpsters or other bulk containers)
c. 
Individual homeowner trash and recycling containers
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup)
[Ord. #2010-859, SV]
This section shall be enforced by the Code Enforcement Officer of the Borough of Pine Hill.
[Ord. #2010-859, SVI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,200.
[1]
Editor's Note: Ordinance No. 202-988, adopted 7-20-2020, exempts FANNIE MAE, FREDDIE MAC or any loan servicer acting on their behalf from payment of any registration fee for any vacant or abandoned property registered under this section, as well as from payment of any fines or penalties assessed by this section, or any other ordinance that addresses vacant and abandoned property.
[Ord. No. 2015-935; Ord. No. 2017-953]
MUNICIPAL OFFICER
Shall mean the Borough Code Enforcement Officer or such official that may be designated to act for the Code Enforcement Officer.
OWNER
Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity that has filed a notice with the Municipal Clerk pursuant to the provisions C.46:1OB-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity determined by the Borough to have authority to act with respect to the property.
VACANT PROPERTY
Shall mean any building used or to be used as a residence or a commercial use not legally occupied or which substantially all lawful construction operations or residential or commercial occupancy has ceased, and which is in such condition that it cannot legally be occupied without repair or rehabilitation, including but not limited to any property meeting the definition of abandoned property in N.J.S.A. 55:19-80; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in a habitable condition and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this section.
[Ord. No. 2017-953]
[Ord. No. 2015-935; Ord. No. 2017-953]
Effective December 15, 2015, the owner of any vacant property as defined herein shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the vacant property, whichever is later; or within 10 calendar days of receipt of notice from the municipality, file a registration statement for such vacant property with the Borough Clerk on forms provided by the Borough for such purposes. Any failure to provide notice by the municipality shall not constitute grounds for failing to register the property.
a. 
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
b. 
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of a person 21 years or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code.
c. 
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four-hour per day, seven-day per week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
d. 
The registration shall remain valid for a six-month time period from the date of registration. The owner shall be required to renew the registration semi-annually every six months as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection 10-20.5 of this section for each vacant property registered.
[Ord. No. 2017-953]
e. 
The annual renewal shall be completed by January 1st each year. The initial registration fee shall be pro-rated for registration statements received less than 10 months prior to that date.
f. 
The owner shall notify the Borough Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Borough Clerk for such purpose.
g. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owner or owners of the building.
h. 
Any owner of vacant property who plans to restore the property to productive use and occupancy during the twelve-month period following the date of the initial registration of the property shall file a detailed statement and shall be exempt from payment of the registration fee, but shall comply with all other provisions of this section. In the event that the property has not been restored to productive use and occupancy at the end of the twelve-month period, the owner shall be liable for any fee waived. The municipal officer may extend the waiver of the registration fee for not more than one additional year in response to a written request by the property owner where the municipal officer finds that compelling conditions outside the owner's control made it impossible for the owner to restore the property within the initial twelve-month period.
i. 
Where the owner is an entity experienced in rehabilitation or redevelopment of vacant properties, and where the property subject to this section is being held for a project of rehabilitation or redevelopment consistent with municipal plans and ordinances, and where by virtue of financing, market or other conditions that project may require more than one year for realization, the municipal officer may extend the waiver of the registration fee on an annual basis without limitation upon written request by the owner as long as the municipal officer finds that the owner is making reasonable progress toward completion of the project. The owner shall provide municipal officer with such documentation, which may include plans, financing applications, applications for land use approval or other evidence of progress.
[Ord. No. 2015-935]
The owner of any vacant property registered under this section shall provide access to the Borough to conduct exterior and interior inspections of the building to determine compliance with municipal codes upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours between 9:00 a.m. and 4:00 p.m. or at such other time as may be mutually agreed upon between the owner and the Borough.
[Ord. No. 2015-935]
a. 
An owner who meets the requirements of this section with respect to the location of his or her residence or workplace in the State of New Jersey may designate him or herself as agent or as the individual responsible for maintaining the property.
b. 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Borough in writing of a change of authorized agent or until the owner files a new annual registration statement.
c. 
Any owner who fails to register vacant property under the provisions of this section shall be deemed to consent to receive, by posting on the building in plain view, and by service of notice at the last known address of the owner of the property on record within the Borough by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
[Ord. No. 2015-935; Ord. No. 2017-953]
The semi-annual renewal shall be completed every six months. The registration fee for each building shall be $600 for the initial registration and for each subsequent renewal.
At least 80% of the fee income shall be used to carry out the purpose of this section with respect to vacant properties including, but not limited to, code enforcement, abatement of nuisance conditions and other activities related to rehabilitation and enforcement.
[Ord. No. 2015-935]
The owner of any building that has become vacant property and any person maintaining or operating or collecting rent for any such building that has become vacant shall within 30 days of the inception of any vacancy:
a. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in the rules and regulations supplementing those codes; and
b. 
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to Subsection 10-20.2b of this section), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches; and
c. 
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
d. 
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, rights-of-way, alleys, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed growth; and
e. 
Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied, demolished, or until repair and/or rehabilitation of the building is complete.
f. 
The owner of any vacant property shall acquire or otherwise maintain liability insurance, in an amount of not less than $300,000 for buildings designed primarily for one to four unit residential use and not less than $1,000,000 for any other buildings, including, but not limited to, buildings designed for multifamily, manufacturing, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired or renewed after the building has become vacant shall provide for written notice to the municipal officer within 30 days of any lapse, cancellation or change in coverage. The owner shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be valid.
[Ord. No. 2015-935]
a. 
Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $500 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall constitute a lien on the property.
b. 
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein shall be deemed to be violations of this section.
[Amended 8-15-2022 by Ord. No. 2022-1020]
[Ord. No. 2017-953]
All registrable property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the Borough of Pine Hill.
[Ord. No. 2017-953]
The requirements of this section shall be considered cumulative to and not superseding or subordinate to any other law or provision regarding the registration of vacant, deteriorated and/or abandoned property, it being the express intent of the Borough that the requirements of this section shall be a further remedy available to the Borough in addition to any other applicable laws relating to same.
[Ord. No. 2017-953]
As used in this section, the following terms shall have the meanings indicated notwithstanding any meaning to the contrary elsewhere in this chapter:
ACCESSIBLE PROPERTY AND/OR ACCESSIBLE STRUCTURE
Shall mean a property that is accessible through a compromised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
APPLICABLE LAWS
Shall mean the Code of the Borough of Pine Hill, as it may be amended from time to time, and any and all ordinances and/or resolutions adopted by the Borough which govern property maintenance and are not codified therein, together with all other laws, rules and regulations of the County of Camden and/or State of New Jersey applicable to construction, maintenance and/or use of real property, including but not limited to State and/or County Construction, Building and Fire Codes.
ARM'S LENGTH TRANSACTION
Shall mean the sale of real property to an independent third-party purchaser, who is unrelated to the transferor, for fair market value as determined by an independent appraiser not hired or retained by the transferor.
DEFAULT
Shall mean the event, action and/or inaction, and the continuing situation arising therefrom, where a mortgagor, owner and/or borrower has not complied with any one or more terms of the mortgage encumbering the mortgagor's property as said property is identified in the mortgage, has not paid current all real property taxes and/or applicable municipal charges, or has otherwise failed to comply with the provisions of a loan or other agreement wherein the borrower has used the borrower's real property as collateral therefor. For the purpose of this definition, the term "mortgage" shall also mean and/or refer to the promissory note executed with the mortgage and/or such other valid written evidence of the debt as recognized by law.
DETERIORATED PROPERTY
Shall mean property located within the Borough of Pine Hill upon which is found any one or more of the following conditions:
a. 
Properties that have broken or severely damaged windows, doors, walls or roofs which create hazardous conditions and/or encourage trespassing; or
b. 
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties; or
c. 
Properties cited under the property maintenance provisions of the Pine Hill Borough Code and/or as a public nuisance pursuant to applicable laws; or
d. 
Properties that endanger the public's health, safety, or welfare because the properties or improvements thereon are so dilapidated, deteriorated and/or so violative of basic property maintenance requirements that they violate minimum health and safety standards.
ENFORCING OFFICER
Shall mean any Police Officer, Construction Code Official, Zoning Inspector, Code Enforcement Officer, Fire Inspector or Building Inspector or other person authorized by the Borough and/or the State of New Jersey to enforce the applicable laws.
EVIDENCE OF VACANCY
Shall mean as used in this section, any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that a property is vacant, including but not limited to overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles, auto parts or automotive materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passersby, delivery agents or government agents as to suspected vacancy; or the presence of boards over doors, windows or other openings in violation of applicable laws.
FORECLOSURE
Shall mean the legal process by which a mortgagee or other creditor terminates a property owner's ownership of and/or equitable right of redemption in real property in order to obtain legal and equitable title to the real property which was pledged as security for a debt. This definition shall include, but is not limited to, public notice of default, recording of a lis pendens, filing of a foreclosure complaint in the Superior Court of New Jersey, delivery and recording of a deed-in-lieu of foreclosure, sale of the real property to the foreclosing mortgagee or creditor, entry of a judgment of foreclosure and/or all other processes, activities and actions, by whatever name, associated with the foreclosure process. For purposes of this section, the foreclosure process shall not be deemed concluded until the property that is obtained by the mortgagee, creditor and/or their designee by deed or judgment of foreclosure or any other means is sold to a non-related bona fide third-party purchaser in an arm's-length transaction.
LOCAL PROPERTY MANAGEMENT COMPANY
Shall mean a property management company located within 20 driving miles of any municipal border of the Borough or a non-local property manager approved by the Borough Administrator upon the Administrator's review and consideration of reasonably reliable credentials.
MORTGAGEE
Shall mean the creditor identified in the mortgage documents as the lender and/or financing institution which lent money to a property owner thereunder and encumbered the property owner's real property as collateral therefor, including but not limited to any trustees, mortgage service companies, and/or any agent, servant, or employee thereof, and/or any successor in interest or assignee of the said mortgagee's rights, interests or obligations under the mortgage agreement, which assignment and/or transfer was made, in part, for the purpose of substituting one mortgagee for another, excluding governmental entities as assignee of owner.
[Amended 8-15-2022 by Ord. No. 2022-1020[1]]
PROPERTY MANAGEMENT COMPANY
Shall mean a property manager, property maintenance company or similar entity responsible for the maintenance and security of registrable property and who has the authority to make decisions concerning maintenance of said property and/or the abatement of nuisance conditions at the property, including without limitation the authority to make expenditures in connection therewith.
REAL PROPERTY
Shall mean any improved residential or commercial land located within the Borough limits, together with the buildings, fixtures, equipment and leasehold improvements thereon and/or affixed thereto, or any part or portion thereof, which is identified by a property parcel and/or tax identification numbering system. For purposes of this section, all developed lots are considered improved land.
REGISTRABLE PROPERTY
Shall mean any and all real property located within the Borough, whether vacant or occupied, that satisfies any one or more of the following criteria: (i) is subject to an ongoing foreclosure action by a mortgagee or other creditor, (ii) is subject to an application for a judgment of foreclosure by a mortgagee or other creditor, (iii) has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgagee or other creditor involved in the foreclosure and/or (iv) was transferred under a deed in lieu of foreclosure to the mortgagee or other foreclosing creditor. The designation of a "mortgage/foreclosure property" as "registrable" shall remain in place until such time as the property is sold to an unrelated bona fide third-party purchaser in an arm's-length transaction or the foreclosure action has been dismissed.
[Amended 8-15-2022 by Ord. No. 2022-1020]
RENTAL PROPERTY
Shall mean a property that contains a single-family rental dwelling unit or multifamily rental dwelling units for use by residential tenants, including but not limited to mobile homes, mobile home spaces, townhomes, condominium unit(s) and/or apartments. A rental dwelling unit includes property that is provided to an individual or entity for residential purposes upon payment of rent or any other consideration in lieu of rent, regardless of the nature of the relationship between lessor and lessee.
SEMI-ANNUAL REGISTRATION
Shall mean the twelve-month period of registration commencing from the date of the first action that required registration, as determined by the Borough and/or its designee, and including every subsequent twelve-month registration period thereafter. The date of the initial registration may be different than the date of the first action that required registration.
[Amended 8-15-2022 by Ord. No. 2022-1020]
TRANSFEREE
Shall mean the mortgagee, trustee and/or entity to which legal title of real property is transferred as a result of a judgment of foreclosure, sheriff's sale after foreclosure, deed in lieu of foreclosure, non-arm's-length sale or transfer and/or any other type of non-arm's-length transaction.
[Amended 8-15-2022 by Ord. No. 2022-1020]
UNAUTHORIZED PERSON
Shall mean any person who does not have the permission of the property owner and/or property management company, as the case may be, to use, reside in, live in or otherwise occupy, on a temporary or permanent basis, any real property.
VACANT
Shall mean as used in this section, any parcel of land situated within the Borough that contains any building or structure that is not lawfully occupied or inhabited by human beings, as evidenced by the conditions set forth in the definition of "evidence of vacancy" above, and/or which is occupied without a valid, unexpired certificate of occupancy or other written authorization for occupancy as may be required by applicable laws.
[1]
Editor's Note: This ordinance also repealed the former definition of "owner," which immediately followed this definition.
[Ord. No. 2017-953]
a. 
Any mortgagee who holds a mortgage on real property located within the Borough shall perform an inspection of the property to determine vacancy or occupancy immediately upon default by the mortgagor, as evidenced by a foreclosure filing. The mortgagee shall, within 10 days of the inspection, register the property with the Registrar on designated forms or in such other manner as directed, and shall indicate thereon whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.
[Amended 8-15-2022 by Ord. No. 2022-1020]
b. 
Registration pursuant to this section shall contain the name, direct mailing address, a direct contact name, including the direct dial telephone number and direct e-mail address thereof, and a valid telephone number and e-mail address for the mortgagee and the mortgagee's servicer, if any, as well as the name and twenty-four-hour contact telephone/cellular phone number of the local property management company responsible for the property.
c. 
Mortgagees who have existing registrable property on the effective date of this section have 30 calendar days from the effective date hereof to register the property as required herein and to indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is vacant or occupied.
d. 
If the mortgage on the registrable property is sold or transferred, other than via an arm's-length transaction, the new mortgagee and/or transferee shall be subject to all of the requirements of this section and, within five business days of such sale or transfer, the new Mortgagee shall register the property as required herein.
e. 
If a mortgagee who obtains title to a registrable property as a result of a foreclosure process subsequently sells or transfers the property, other than via an arm's-length transaction, the said transferee shall be subject to all the requirements of this section and, within five business days of the transfer, the transferee shall register the property as required herein.
f. 
As long as the property constitutes a registrable property as defined herein it shall be the responsibility of the registered mortgagee, independently or by and through a local property management company to inspect the property monthly. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property with the Registrar.
g. 
Every property registration required by this section shall be accompanied by a nonrefundable semi-annual registration fee in the amount of $500. Notwithstanding anything else herein to the contrary, every semi-annual registration shall terminate upon the sale or other transfer of a registrable property such that the purchaser and/or transferee thereof, other than an unrelated third-party purchaser in an arm's-length transaction, shall pay a new semi-annual registration fee at the time of the new purchaser/transferee's registration of the registrable property as otherwise required in this section. Any previous unpaid annual registration fees are the responsibility of the new mortgagee or transferee and are due and payable with the initial registration filed by same.
[Amended 8-15-2022 by Ord. No. 2022-1020]
h. 
Each individual property on the registry that has been registered for six months or more prior to the effective date shall have 30 days to renew the registration and pay the nonrefundable $500 annual registration fee. Properties registered less than six months prior to the effective date shall renew the registration upon expiration and every 12 months thereafter and shall pay the nonrefundable $500 annual registration fee.
[Amended 8-15-2022 by Ord. No. 2022-1020]
i. 
Properties subject to this section shall remain subject hereto, including without limitation the semi-annual registration requirement, inspection, security and maintenance standards of this section, for as long as the property meets the definition of a registrable property.
Until the mortgage or lien on a property registered under this section is satisfied or legally discharged, the mortgagee's intent to no longer pursue foreclosure as evidenced by any action in further thereof, including without limitation the filing of a dismissal of lis pendens, entry of a court order vacating a final judgment of foreclosure and/or the dismissal or withdrawal of pending foreclosure proceedings, whether voluntary or otherwise, shall not exempt any mortgagee from the obligation to comply with all of the requirements of this section for any period of time during which a property meets the definition of a registrable property.
[Amended 8-15-2022 by Ord. No. 2022-1020[1]]
[1]
Editor's Note: Pursuant to this ordinance, former Subsections k through m were redesignated as Subsections j through l, respectively.
j. 
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the date such change occurs.
k. 
Failure of the mortgagee to properly register a registrable property, or to fail to modify the registration as required herein to reflect a change of circumstances, shall be deemed a violation of this section and the mortgagee shall be subject to enforcement hereunder, including any monetary penalties set forth in of this section.
l. 
Pursuant to any administrative or judicial finding and/or determination that any property is in violation of this section, the Borough may take any and all necessary action to ensure compliance with the applicable laws and may place a lien on the property for the cost of any work performed to bring the property into compliance with all applicable laws.
[Ord. No. 2017-953]
Each and every property registered pursuant to the requirements of this section shall be maintained by the mortgagee to the following standards and/or conditions:
a. 
The property shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper circulars, flyers, notices (except those required by Federal, State or local laws and/or court orders), discarded personal items, including but not limited to furniture, clothing and large or small appliances, printed material or any other items that give the appearance that the property is vacant.
b. 
The property shall be maintained free of graffiti or similar markings which shall be removed or painted over with an exterior grade paint that matches the color of the exterior of the structure.
c. 
The front, side, and rear yards of the property, including landscaping, shall be maintained in accordance with all applicable laws.
d. 
The mortgagee shall perform yard maintenance, including but not limited to property and appropriate maintenance of grass, ground coverings, bushes, shrubs, hedges or similar plantings so as to prevent overgrowth thereof, including removal of all such trimmings, together with maintenance of decorative rock or bark, artificial turf/sod and/or such other items of hardscape designed specifically for residential installation. Any overgrowth of weeds, grass, ground coverings, bushes, shrubs, hedges and/or similar plantings and/or any accumulation of gravel, broken concrete, asphalt or similar material shall not be considered proper yard maintenance as required hereunder.
e. 
The mortgagee shall perform standard and/or routine year-round maintenance including, but not limited to, maintaining, repairing and winterizing existing irrigation systems, pools and spas. Pools and spas shall be maintained so the water remains free and clear of pollutants and debris and complies with all applicable Department of Health regulations and any other applicable laws.
f. 
The mortgagee shall further comply with any property maintenance requirements set forth in all other applicable laws.
[Ord. No. 2017-953]
All registrable properties shall be maintained in a secure manner so as not to be accessible to unauthorized persons, in accordance with the following minimum standards:
a. 
A secure manner shall include, but not be limited to the closure and locking of windows, doors, gates and other openings of such size that may allow any unauthorized person to access the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow any unauthorized person to access the interior of the property or structure must be repaired. Broken windows shall be secured by re-glazing of the window.
b. 
If a property is registrable, and the property has become vacant or deteriorated, a local property manager shall be designated by the mortgagee or owner to perform the work necessary to bring the property into compliance with all applicable laws, and the property manager must perform regular inspections to verify continued compliance with the requirements of this section and any other applicable codes.
[Ord. No. 2017-953]
Compliance with the registration, maintenance and security requirements of this section does not relieve any person, legal entity or agent thereof from any other obligations set forth in any applicable laws which may apply to the property and/or govern the use thereof.
[Ord. No. 2017-953]
a. 
Regardless of whether a registrable property has been properly registered as required in this section, if the enforcing officer has reason to believe that a registrable property is posing a serious threat to the public health, safety and welfare, the enforcing officer may temporarily secure the property at the expense of the mortgagee or owner, and/or may issue such Notices of Violation and/or Summonses as may be necessary to ensure the conditions of the property are addressed as soon as possible.
b. 
In addition to any other powers, the enforcing officer may implement additional maintenance and/or security measures, including but not limited to securing any and all doors, windows or other openings, employment of an on-site security guard and/or other similar measures as may be reasonably required to help prevent further decline of the property.
c. 
If the enforcing officer finds that the condition of a registrable property is posing a serious threat to the public health, safety and welfare, then the Borough, upon notice to the mortgagee and/or owner, may abate the violations and charge the costs of such abatement to the mortgagee and/or owner.
d. 
If the mortgagee or owner does not reimburse the Borough for the cost of temporarily securing the property and/or the costs associated with any abatement undertaken by the Borough as permitted herein, within 30 days of the date the Borough sent the mortgagee or owner the invoice therefor, then the Borough may assess a lien against the property in the manner provided by applicable laws for such costs, along with the Borough's administrative costs associated with same. In addition to filing a lien, the Borough can pursue reimbursement from the mortgagee or owner and/or seek and enforce such other penalties as may be contemplated herein.
[Ord. No. 2017-953]
Whoever opposes, obstructs or resists any enforcing officer in the discharge of his/her duties as provided in this section shall be punishable as provided by the applicable laws which action shall be cognizable in the Municipal Court of the Borough or such other Court of competent jurisdiction as may be applicable.
[Ord. No. 2017-953]
Every enforcing officer and such other persons authorized by the Borough to implement and/or enforce the provisions of this section shall be immune from prosecution, whether civil or criminal, for his/her reasonable, good faith entry upon real property while in the discharge of the duties imposed by this section.
[Ord. No. 2017-953]
a. 
Violations.
It shall be a violation of this section and shall be unlawful for any mortgagee and/or owner to:
1. 
Fail to register a registrable property;
2. 
Fail to properly maintain and/or secure any registrable property in accordance with the requirements of this section; or
3. 
Maintain any registrable property in a manner which results in a violation of any other applicable laws.
b. 
Enforcement.
The requirements of this section may be enforced as follows:
1. 
By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction;
2. 
By revocation or temporary suspension of necessary permits and/or certificates of occupancy and/or licenses related to occupancy and/or use of real property;
3. 
By the nuisance abatement process and/or property maintenance enforcement process established in the Code of the Borough of Pine Hill;
4. 
By issuance of a citation or Notice of Violation in accordance with any applicable laws; and
5. 
By any other process as may be permitted by law or in equity.
c. 
All such remedies cognizable in and/or subject to the jurisdiction of the Pine Hill Borough Municipal Court shall be subject to a fine of up to $1,000 for each offense.
d. 
Separate Offenses. Each violation of this section shall constitute a separate offense for each day that such violation continues or reoccurs. Each condition which exists in violation of this section is a separate violation.
e. 
Use of one enforcement process or theory shall not preclude the Borough from seeking the same, different, or additional relief through other enforcement methods provided for herein at any time in the present or future.
f. 
Persons Responsible For Violations. The owner, mortgagee, trustee or servicer as those terms are defined in this section, and their duly authorized officers, employees or agents employed in connection therewith who have assisted in the commission of a violation or failed to perform such actions as are required herein, shall be liable for and/or subject to being found guilty of such violation.
[1]
Editor's Note: Ordinance No. 202-988, adopted 7-20-2020, exempts FANNIE MAE, FREDDIE MAC or any loan servicer acting on their behalf from payment of any registration fee for any rental property registered under this section, as well as from payment of any fines or penalties assessed by this section, or any other ordinance that addresses rental property.
[Ord. No. 2016-937; Ord. No. 2016-941 § 1]
Unless the context clearly indicates a different meaning, the following words or phrases, when used in this section, shall have the following meaning:
AGENT
Shall mean the individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this section. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey, as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman of the State of New Jersey, if such person designated by the owner as his agent is so licensed.
APARTMENT OR DWELLING
Shall mean any apartment, cottage, bungalow, any room or rooms in a house or other dwelling unit, consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office or the operation of any industry or business or for any other type of independent use. Each dwelling unit shall contain no more than one kitchen or cooking facility.
DWELLING UNIT
Shall mean any room or rooms or suite or apartment, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvement connected with use or occupancy thereof. Each dwelling unit shall contain no more than one kitchen or cooking facility.
LIFE SAFETY INSPECTION ITEMS
Shall constitute the following: smoke detectors, lint, mold, heater mechanical malfunctions, roach and/or insect infestation, carbon monoxide detectors, chain locks, tripping hazards, hot water pressure valves, automatic door closures, Romex connectors, electrical receptacles, electrical hazards, railing, exhaust flu pipes, dryer exhaust pipes, and stoves, if applicable and/or required under applicable building/construction codes. Exterior life Safety Inspection items shall include trip hazards on steps, sidewalks, and/or sink holes on the property, railings, building identification numbers and/or letters, electrical hazards, environmental hazards and/or spills, broken windows, dead or dying trees, and roofs.
LOCAL HOUSING INSPECTOR
Shall mean Borough official authorized to conduct inspections pursuant to §§ 10-22 and 10-23.
OWNER
Shall mean any person or group of persons, firm, corporation or officer thereof, partnership, association or trust who owns, operates, exercises control over, or is in charge of a rental facility. This includes a condominium association which any rental facility exists.
OWNER-OCCUPIED
Shall mean a portion of a rental facility, dwelling, commercial unit or dwelling unit shall be considered owner-occupied if the owner makes his primary residence therein. A person may have only one primary residence in the Borough.
PERSON
Shall mean an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
REGISTRATION
Shall mean the certificate issued to the owner/agent by the Borough Clerk or his/her designee attesting that the rental unit has been properly registered in accordance with §§ 10-22 and 10-23.
RENT OR RENTED
Shall mean occupied by any person or persons other than the owner, regardless of whether there is a written or oral agreement and regardless of whether the owner receives consideration for the occupancy.
RENTAL FACILITY
Shall mean every building, group of buildings or condominiums or a portion thereof consisting of more than two dwelling units, kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration for one or more individuals.
RENTAL UNIT
Shall mean a dwelling unit which is used, occupied or offered for occupancy by lease, rent or otherwise, to persons other than the owner. Rental unit shall not include that portion of a rental facility, dwelling, commercial unit or dwelling unit that is owner-occupied. For purposes of this section 10-22, any dwelling unit where the dwelling unit is occupied by a person or persons other than the owner, even if rent or other consideration is not being charged or collected, shall be considered a rental unit.
TENANCY
Shall mean occupancy of the unit by one or more tenants.
TENANT
Shall mean occupant in a unit other than the owner.
[Ord. No. 2016-937]
All rental units and rental facilities shall hereafter be registered with the Borough Clerk or designee of the Borough of Pine Hill, or such other person as designated by the Borough Council, in writing, on forms which shall be provided for that purpose, and which shall be obtained from the Borough Clerk or designee. Such registration shall occur on an annual basis, as provided herein. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with §§ 10-22 and/or 10-23.
Owners of two family residential property in which one unit is owner occupied, pursuant to the provisions of N.J.S.A. 46:8-28.5, shall not be required to register if (a) the property has been certified to be free of lead-based paint; (b) the property was constructed during or after 1978; and (c) the property is a seasonal rental unit which is rented for less than six months duration each year.
[Ord. No. 2016-937; Ord. No. 2016-941 § 2]
Each rental unit shall be registered annually. The registration shall occur on or before April 1, of each year. For new rental units that come into existence after April 1 of each year, the initial registration shall occur before the creation of the first tenancy in any new rental unit or newly constructed or reconstructed building. Each rental unit shall be re-registered with each change in occupancy.
[Ord. No. 2016-937]
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units and rental facilities shall be registered, as provided herein. Every owner shall file with the Borough Clerk or such other person as designated by the Borough Council, a registration form for each unit contained within a building or structure, and for each rental facility which shall include the following information:
a. 
The name and address of the record owner or owners of the premises and the record owner or owners of the rental unit, if not the same persons. In the case of a partnership, the name and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals, where such individual may be reached both during the day and evening hours.
b. 
If the address of any record owner is not located in Pine Hill or in Camden County the name and address of a person who resides in Camden County and who is authorized to accept notices from the Borough or a tenant and to issue receipts therefrom and to accept service of process on behalf of the record owner shall be provided.
c. 
The name, phone number and address of the agent of the premises, if any.
d. 
The name and address, including the dwelling unit number of the superintendent, janitor, custodian or other individual, employed by the owner or agent to provide regular maintenance service, if any.
e. 
The name, address and telephone number of an individual representative of the owner or agent or the owner, if domiciled in Camden County, who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies, as the future of any essential service or system and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.
f. 
The name and address of every holder of a recorded mortgage on the premises.
g. 
If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.
h. 
The address of the rental unit. If the rental unit is located in a building with more than one dwelling unit, the address of the building, the number of dwelling units within the building, and the portion of the building to be used as a rental unit shall also be provided.
i. 
As to each rental unit, a specification of the exact number and dimensions of sleeping rooms contained in the rental unit. In order to satisfy the requirement of this provision, an owner shall submit a floor plan, drawn appropriately to scale, indicating the use and dimensions of each room covered by the registration, which shall become part of the application and which shall be attached to the registration form when filed with the Borough Clerk or designee.
j. 
Proof of a satisfactory inspection in accordance with Subsection 10-22.7 below.
k. 
Such other information as may be prescribed by the Borough of Pine Hill.
l. 
The proposed number of occupants for the rental unit.
[Ord. No. 2016-937]
Upon receipt of a completed registration form complying with the requirements of Subsection 10-22.4 above, the Borough Clerk or designee shall index and file the registration forms. In doing so, the Borough Clerk or designee shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being registered, and will also satisfy the registration requirements of §§ 10-22 and/or 10-23. The owner shall post the certificate of inspection in a conspicuous place on the premises of the rental unit.
[Ord. No. 2016-937]
Every person required to file a registration form pursuant to § 10-22 shall file an amended registration form within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment, except where the ownership of the premises is changed.
[Ord. No. 2016-937; Ord. No. 2016-941 § 1]
a. 
Each rental unit and rental facility shall be inspected at least once every year. Each rental unit shall be inspected before every initial occupancy, change in occupancy and/or change in the number of occupants, and the owner shall be required to obtain a certificate of inspection in accordance with this section before any occupancy shall be permitted.
b. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Pine Hill and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Pine Hill shall not be used as a valid substitute.
c. 
Such inspection shall be for the purpose of determining zoning ordinance compliance, and to the extent applicable, compliance with §§ 10-22 and/or 10-23, the Borough's Property Maintenance Code, the Uniform Construction Code, Housing Code and/or Building Code. Inspections will be done on all interior, exterior, grounds, roads and driveways of all rental properties to ensure public health, safety and welfare of all occupants and the general public. Inspections will be for enforcement of the Borough's Property Maintenance Code, the Uniform Construction Code, Department of Health Regulations. In addition to the above, the owner of a rental unit shall comply with the following:
1. 
All carpeting, where provided or installed by the owner, shall be kept in good repair, properly attached to the floor surface which it is covering, and shall be steamed cleaned or cleaned by other means acceptable to the local housing inspector, prior to occupancy by tenants or a change in tenants. Carpeting which is worn, damaged or becomes a trip hazard shall be properly repaired or replaced.
2. 
All appliances which are provided or installed by the owner, including but not limited to, stoves, ovens, refrigerators, washers, dryers, freezers, and light fixtures, shall be maintained in proper working order at all times, and promptly repaired or replaced whenever necessary.
Where the inspection of the rental unit results in a satisfactory inspection, the inspector shall issue a certificate of inspection for the rental unit. The certificate of inspection shall state the maximum number of occupants for the rental unit, as determined by the inspection.
d. 
Unsatisfactory Inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection. A certificate of inspection shall not issue and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary corrections have been made to bring the property and rental unit into compliance with the applicable code, and the property is thereafter subsequently inspected and registered. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, unless the nature of the deficiency and the applicable law upon which the inspection is made mandates a shorter time for repairs, in which event the shorter time shall govern. In the event that the conditions are not corrected within the thirty-day time period, or sooner where required, the owner shall be deemed in violation of this section, and, every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of §§ 10-22 through 10-24. The owner, however, shall be permitted to apply for an extension of time to make repairs or corrections so as to comply with this section, for good cause shown. Where the applicable law upon which the inspection is made mandates that the property be vacated, the owner or its agent shall cause the rental unit to be vacated and any such failure to do so shall be a violation of §§ 10-22 and/or 10-23. Where applicable, the Relocation and Assistance Act shall apply to any removal of a tenant due to a violation of §§ 10-22 and/or 10-23. However, any such costs incurred by the Borough shall be reimbursed by the owner within 30 days of receipt of a documented invoice indicating the amount paid by the Borough.
e. 
Multiple Inspections: It is the intent of §§ 10-22 through 10-24 that each rental unit be inspected at least once a year but not necessarily more than once a year. In those instances where a unit is inspected for a reason other than the annual inspection under §§ 10-22 through 10-24 that inspection shall count as the annual inspection under §§ 10-22 through 10-24 provided the same is permitted by the Administrative Code of the State of New Jersey. The owner shall be responsible for providing proof to the Borough Housing Inspector that said inspection(s) was made and for obtaining written confirmation from the Borough that said inspection(s) satisfies the requirements of §§ 10-22 through 10-24.
[Ord. No. 2016-937; Ord. No. 2016-941 § 1]
a. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities and rental units in order that they may promote the purposes of this section to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities and rental units at all reasonable times. The owner or occupant of every rental facility and rental unit shall give the inspecting officer free access to the rental facility and rental unit at all reasonable times, for the purpose of such inspections, examinations and surveys.
b. 
Every occupant shall give the owner of the rental facility and rental unit access to any part of such rental facility and rental unit at all reasonable times for the purpose of making such repairs or alterations, as are necessary, to effect compliance with the provisions of this section or any lawful order issued pursuant thereto.
c. 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this section, an inspecting officer shall conduct an inspection as hereinbefore provided.
d. 
In the event that the owner and/or occupant of a unit subject to inspection under §§ 10-22 and 10-23 refuses access to an inspection officer that officer shall make application to the Pine Hill Municipal Court, with notice to the objector, for an administrative search warrant which the Court will issue if the Court concludes that the reason for the proposed inspection is the enforcement of §§ 10-22 and 10-23.
[Ord. No. 2016-937]
a. 
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Pine Hill which is not registered in accordance with this section.
b. 
No owner, agent, broker or person shall purchase, sell, rent, lease or use in such a manner as to result, permit or allow any person(s) to occupy or live in, as occupant, tenant or otherwise, any dwelling unit or rental unit or other structure, unless a certificate of occupancy shall first have been obtained.
c. 
A landlord/owner who places a tenant in a rental unit which is not registered and who does so in good faith and without knowledge of the requirement that such rental unit must be registered and who is supplied a written warning advising of the requirements of this section, shall have a period of three business days to cause the rental unit to be registered in accordance with this section or, failing to do so, shall vacate said premises or otherwise be subject to the penalty provisions herein.
[Ord. No. 2016-937]
A registration form shall be required for each rental unit, even if more than one rental unit is contained in the property. In the event that a registered property is sold, assigned or transferred during the year, an amended registration form is required to be filed in accordance with Subsection 10-22.6.
[Ord. No. 2016-937]
At the time of the filing of the registration form, the owner or agent of the owner must pay a fee in accordance with the following:
a. 
An annual registration fee, which includes the annual inspection fee, as follows:
1. 
$50 per rental unit.
b. 
An amended registration fee as follows:
1. 
$25 per unit.
c. 
A reinspection fee as follows:
1. 
$25 per unit.
d. 
Late Charges:
For any fee paid more than 30 days after its due date there shall be a late fee of $20.
e. 
If the owner of the property is a senior citizen who resides in a unit of the property and rents out the remaining unit(s) and who would otherwise qualify for the State Property Tax Deduction pursuant to N.J.S.A. 54:4-8.41, then the fees shall be 1/2 of the stated amounts.
f. 
The fees assessed are for the cost of administering, inspecting and enforcing the requirements of §§ 10-22 through 10-24.
[Ord. No. 2016-937]
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this section. This particular provision shall not apply to any hotel, motel or guesthouse registered with the State of New Jersey, pursuant to the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).
[Ord. No. 2016-937]
a. 
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of §§ 10-22 through 10-24. For purposes of this subsection the term "person" is intended to mean owner, tenant or guest of the rental unit.
b. 
Nuisance Prohibited. No rental unit or rental facility shall be used, operated or maintained in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public in general, such that it shall constitute a nuisance, as defined in the ordinances of the Borough of Pine Hill.
c. 
Compliance With Other Laws. The maintenance of all rental units and rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Borough of Pine Hill, and with all applicable state and federal laws.
[Ord. No. 2016-937]
a. 
Any landlord and/or owner of leased property located within the Borough of Pine Hill shall be responsible for any activities, actions, events and conduct of any person and/or animal which occur in, on or about said premises or property.
b. 
The landlord/owner of any such property located within the Borough of Pine Hill shall be responsible and liable for the conduct and actions of any tenant, invitee, guest or any other person who is in, on or about the premises and/or property with the permission, either express or implied, of the landlord, owner, tenant, guest or invitee.
[Ord. No. 2016-937]
a. 
In addition to any other penalty prescribed herein, any owner may be subject to the revocation or suspension of the registration issued hereunder upon the happening of one or more of the following:
1. 
Conviction of a violation of §§ 10-22 and/or 10-23 in the Municipal Court or any other court of competent jurisdiction.
2. 
Determination of a violation of §§ 10-22 and/or 10-23 at a hearing held pursuant to Subsection b herein.
3. 
Continuing, after notice, to rent the unit or units to a tenant or tenants who are convicted of a violation of the Noise and/or Nuisance Ordinances of the Borough on more than one occasion.
4. 
Continuing, after notice, to permit the rental unit to be occupied by more than the maximum number of occupants as defined in §§ 10-22 and 10-23.
5. 
Maintaining the rental unit or units or the property in which the rental unit(s) is a part in an uninhabitable and/or dangerous condition likely to result in injury to person or property.
6. 
Failing to pursue eviction of lessee or tenant for Good Cause as defined by N.J.S.A. 18-61.1g which includes a tenant or lessee who:
(a) 
Has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the occupants or other tenants residing in said house or neighborhood; or
(b) 
Has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises; or
(c) 
Has continued, after written notice to cease, to substantially violate or breach any of the landlord's rules and regulations governing said premises which have been accepted by tenant or made a part of the lease at the beginning of a lease term; or
(d) 
Has been convicted of or pleaded guilty to an offense, or if a juvenile, has been adjudicated delinquent on the basis of an act which committed by an adult would constitute an offense under the Comprehensive Drug Reform Act of 1987 (N.J.S.A. 2C;35-1 et seq.) involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing, a drug rehabilitation program pursuant to N.J.S.A. 2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently; or
(e) 
Has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.A. 20:12-1 or N.J.S.A. 2C: 12-3 involving assault, or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently; or
(f) 
Has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.A. 2C;20-1 involving theft of property from the landlord, the leased premises or other tenants residing in the same building or complex; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently; or
7. 
False or misleading information given or provided in connection with the registration application or renewal; or
8. 
Failure to correct violations in the time period prescribed; or
9. 
Failure to permit lawful inspections; or
10. 
Failure to pay any fee herein provided for; or
11. 
Violation of the provisions of this section or any other ordinance or law pertaining to the use of the property.
b. 
Procedure; Written Complaint; Notice; Hearing.
1. 
A complaint seeking the revocation or suspension of the registration may be filed by any one or more of the following: Director of Public Safety, Chief of Police, Construction Code Official, Local Housing Inspector, Zoning Enforcement Officer or any other person or office authorized to file such complaint. Such complaint shall be in writing and filed with the Borough Clerk or designee. The complaint shall be specific and shall be sufficient to apprise the registrant of the charges, so as to permit the registrant to present a defense. The individual(s) filing the complaint may do so on the basis of information and belief, and need not rely on personal information.
2. 
Upon the filing of such written complaint, the Borough Clerk or designee shall immediately inform the Borough Council, and a date for a hearing shall be scheduled, which shall not be sooner than 10 nor more than 30 days thereafter. The Borough Clerk or designee shall forward a copy of the complaint and a notice, as to the date of the hearing, to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.
3. 
The hearing required by this subsection shall be held before the Borough governing body, unless, in its discretion, the Borough determines that the matter should be heard by a Hearing Officer, who shall be appointed by the Borough governing body. If the matter is referred to a Hearing Officer, such officer shall transmit his findings of fact and conclusions of law to the Borough governing body within 30 days of the conclusion of the hearing. The Borough governing body shall then review the matter and may accept, reject or modify the recommendations of the Hearing Officer based on the record before such Hearing Officer. In the event that the matter is not referred to a Hearing Officer and is heard by the Borough governing body, then it shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered dismissing the complaint, revoking or suspending the registration, or determining that the registration shall not be renewed or reissued for one or more subsequent license years.
4. 
A stenographic transcript may be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be that which generally controls administrative hearings.
5. 
The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
c. 
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental registration that the owner has taken appropriate action and has made a good faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises, or eviction of the tenant(s) or other enforcement action. The burden of proving such defense shall be on the owner.
[Ord. No. 2016-937]
a. 
Upon the occurrence of any violation of this section, the landlord or owner of the property shall be put on notice by receiving written notification of said violation from the person so designated by the Borough Council to forward said notice. Said notice shall generally inform the landlord and/or owner of the nature of the violation and the date upon which said violation occurred. Said notice shall also state that any subsequent violation of this section may result in said landlord and/or owner being cited and otherwise charged with a violation of said section, which may result in a hearing on said violation pursuant to Subsection 10-23.2.
b. 
If any violation of this section occurs subsequent to written notification being sent to said landlord and/or owner in accordance with the above provisions, then said landlord and/or owner shall be cited for violation of this section and noticed for a hearing pursuant to § 10-23.2.
[Ord. No. 2016-937]
Any person who violates any provision of §§ 10-22 and/or 10-23 shall, upon conviction in the Municipal Court of the Borough of Pine Hill, or such other court having jurisdiction, be liable to a fine not exceeding $300, for a first offense, a fine of not less than $400 nor more than $1,000 for a second or subsequent offense, or imprisonment, for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this section. Each separate rental unit that fails to conform to §§ 10-22 and/or 10-23 shall be deemed a separate and distinct violation for each day that the violation occurs within the particular rental unit.
[Added 3-20-2023 by Ord. No. 2023-1025]
The definitions shall apply to this section.
ACT
The Lead Hazard Control Assistance Act, P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.1, et seq.), as may be amended from time to time.
COMMON INTEREST COMMUNITY
A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
LEAD INSPECTOR
A person certified by the Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1, et seq. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
LEAD-SAFE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
VISUAL ASSESSOR
A person that is certified to perform a visual assessment.
[Added 3-20-2023 by Ord. No. 2023-1025]
a. 
Pursuant to P.L. 2021, c. 182 the Borough of Pine Hill is required to inspect every single-family, two-family and multiple rental dwellings built prior to 1979 for lead based paint hazards through a visual assessment or a dust wipe sampling. The owner and/or landlord, in lieu of having the dwelling inspected by the Borough's lead inspector, may directly hire a private lead inspector to perform the lead-based paint inspection. All inspections will otherwise be performed by the Borough's lead inspector.
b. 
Required initial inspection. The owner, landlord and/or agent of every single-family, two-family and multiple dwelling units offered for rental shall be required to obtain this inspection of the unit for lead-based paint hazards within two years of the effective date of the above law, July 2, 2022, or upon tenant turnover, whichever is earlier.
c. 
Required recurring inspection. After the initial inspection required, the owner, landlord and/or agent of each dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years or, as soon as there is any tenant turnover, whichever is earlier, except that an inspection on tenant turnover shall not be required if the owner has a valid lead-safe certification issued by an appropriate authority and provides a copy to the Borough.
Whenever there is a tenant turnover in a single family, two family or multiple dwelling rental unit, the owner or landlord or agent shall have three business days to notify the Borough of the turnover and whether it will perform the lead-based test inspection and provide the Certification to the Borough. Occupancy or continued occupancy of the dwelling unit is not permitted until the inspection is completed and the Certificate issued.
d. 
Standards. Inspections for lead-based paint in rental dwelling unit shall be covered by the standards set forth in the Act as same may be amended from time to time.
e. 
Exceptions. A dwelling unit in a single family, two-family or multiple rental dwelling shall not be subject to the inspection and evaluation for the presence of lead-based paint hazards, or for the fees for such inspection, or evaluation, if the unit:
1. 
Has been properly certified to be free of lead-based paint and a copy provided to the Borough;
2. 
Was constructed during or after the year 1978 with proof of same provided to the Borough;
3. 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead-based paint violations from the most recent cyclical inspections performed on the multiple dwelling under the Hotel and Multiple Dwelling Law N.J.S.A. 55:13A-1, et seq., with Proof of Registration provided to the Borough;
4. 
Has been issued a valid Safe Certification issued in accordance with N.J.S.A. 52:27D-437.16(d)2, and a copy provided to the Borough.
f. 
Remediation. If lead-based paint hazards are identified, then the owner of the dwelling shall be required to remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with the Act. Upon the remediation of the lead-based paint hazard, the Borough Code Enforcement Officer or designee, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
If no lead-based paint hazards are identified, then the Borough Code Enforcement Officer or designee or the owners private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which Certification shall be valid for two years and shall be filed with the Borough's Code Enforcement Officer or designated Borough employee. The Borough Code Enforcement Officer or the designated Borough employee shall maintain up to date information on inspection schedules, inspection results, and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
g. 
Property owner certification. In accordance with the Act, all property owners shall:
1. 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Pine Hill at the time of the cyclical inspection;
2. 
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's lease;
3. 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.
h. 
Fees. The fees for a lead-based paint inspection performed by the Borough's lead inspector shall be as follows:
1. 
The fee for a visual assessment inspection shall be $150 per individual dwelling unit. To the extent further inspection is required, a dust wipe inspection fee shall be assessed on the schedule attached hereto by an approved DCA Lead Inspector for each individual dwelling unit. All fees shall be dedicated to meet the cost of implementing this Ordinance and not used for any other purpose. (The schedule may be fund in the Borough offices.)
2. 
When a dwelling owner or landlord directly hires a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the inspection requirements set forth in this section then no lead-based paint inspection fee shall be assessed, unless it is determined a further inspection is required by the Borough.
3. 
The fee for the filing of a lead-safe certification or lead-free certification with the Borough shall be $25;
4. 
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the Homeowner Association, unless the Association is the owner of the unit.
5. 
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Borough's lead inspector or the owner and/or landlord's private lead inspector shall be assessed for the purposes of the Act, unless the owner and/or landlord demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund.
[Added 3-20-2023 by Ord. No. 2023-1025]
In accordance with N.J.S.A. 52:27D-437.17, the penalties for a violation of this section shall be as follows:
Where a property owner has failed to conduct the inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation. If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been completed.