[Ord. No. 85-9]
The "BOCA Basic/National Existing Structures Code/1996," as
published by Building Officials and Code Administrators (BOCA) International,
Inc., establishing minimum standards governing the condition, maintenance
and rehabilitation of all existing structures, establishing minimum
standards governing supplied utilities and facilities and other physical
things and conditions essential to insure that structures are safe,
sanitary and fit for occupation and use; establishing minimum standards
governing the condition of dwellings offered for rent; fixing certain
responsibilities and duties of owners and occupants of structures
and the condemnation of structures unfit for human habitation and
demolition of such structures; and fixing penalties for violation,
be and hereby is adopted as the Property Maintenance Code for the
control of buildings and structures as herein provided; and each and
all of the regulations of the Basic/National Existing Structures Code/1996
are hereby referred to, adopted and made a plan hereof as if fully
set out in this section.
[Ord. No. 85-9]
Three copies of the above code shall be available in the office
of the Municipal Clerk for the use of and examination by the public.
[Ord. No. 85-9]
The following sections of the BOCA Basic/National Existing Structures
code/1996 are hereby revised or changed as follows:
a.
The name "Borough of Surf City" shall be inserted in the second sentence
of Section ES-100.1 on page one of the Code.
b.
Section ES-110.2 entitled "Penalty" be and is hereby amended to read
as follows:
Any person, firm or corporation who shall violate any provision
of this Code shall, upon conviction thereof, be subject to a fine
of not less than $25 or more than $500 or imprisonment for a term
not to exceed 90 days, or both, at the discretion of the court. Each
day that a violation continues after due notice has been served in
accordance with the terms and provisions hereof shall be deemed a
separate offense.
c.
Section ES-112.4 entitled "Restraining Action" on page 10 of the
Code shall be amended by the addition of the number "five" between
the words "within" and "days" on line two of the section.
d.
Section ES-111.0 entitled "Right to Appeal" shall be deleted in its
entirety and in lieu thereof a new section, Section ES-111.0 entitled
"Right to Appeal" shall be added.
ES-111.1 Petition. Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this Code, or any rule or regulation adopted pursuant thereto, may
request and shall be granted a hearing on the matter before the Borough
Council, provided that such person shall file with the Municipal Clerk
a written petition requesting such hearing and containing a statement
of the grounds thereof within 20 days after the notice was served.
ES-111.2 Vote. The Borough Council shall hear all appeals relative
to the enforcement of this Code and by a concurring vote of a majority
of its members may reverse or affirm, wholly or in part, or may modify,
the decision appealed from and shall make such order or determination
as in its opinion ought to be made. Failure to secure such concurring
vote shall be deemed confirmation of the decision of the Code Official.
ES-111.3 Records of Appeal. The Municipal Clerk shall keep a
record of each meeting so that the record shows clearly the basis
for each decision made by the Borough Council.
e.
The definition "Code Official" found in Article two entitled "Definitions"
be and is hereby amended to be defined as follows:
The Health Officer who is charged with the administration and
enforcement of this Code, or any duly authorized representative.
[Ord. No. 85-9]
Nothing in this section or the BOCA Basic/National Existing
Structures Code, 1996, hereby adopted, shall be construed to affect
any suit or proceeding pending in any court, or any other rights acquired
or liability incurred, or any cause or causes of action acquired or
existing under any act or ordinance hereby repealed, nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this section.
[1969 Code § 4-11.1]
It shall be the duty of the owner and of the tenant of lands
lying within the territorial limits of the Borough to remove from
such lands brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within 10 days after notice
from the Weed Control Commission to remove the same. Delivery of the
notice in the case of any owner shall be made by mailing the same
to such owner by certified mail, postage prepaid, at his address as
shown on the last tax duplicate of the Borough and, in the case of
a tenant, by mailing the same to such owner and tenant, by certified
mail, postage prepaid at the street address of the lands in question.
[1969 Code § 4-11.2]
In cases where the owner or tenant shall have refused or neglected
to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within the time provided
in the preceding subsection hereof, the same may be removed by or
under the direction of the Weed Control Commission. Where the same
shall have been removed by or under the direction of the Commission,
the Director thereof shall certify the cost to the Tax Collector who
shall examine the cost, and if found correct, the Collector shall
cause the cost to be charged against the lands from which the obnoxious
growths or other matter shall have been removed. The amount so charged
shall become a lien upon the lands and shall be added to and become
and form a part of the taxes next to be assessed and levied upon such
lands, the same to bear interest at the same rate as taxes, and shall
be collected by the same officers and in the same manner as taxes.
[1969 Code § 4-3.7]
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private receptacles for collection.
[1969 Code § 4-3.8]
The Code Enforcement Official is authorized and empowered to
notify the owner of any open or vacant private property within the
Borough, or the agent of the owner, to properly dispose of litter
located on the owner's property which is dangerous to public
health, safety or welfare. The notice shall be by registered mail,
addressed to the owner at his last known address, and shall state
the acts to be performed by the owner or tenant, as well as the penalty
for failure to comply with the notice.
[1969 Code § 4-3.9]
If the owner or tenant to which notice is sent neglects or refuses
to comply with the notice within 10 days of receipt of same, the Code
Enforcement Official shall arrange to perform the acts required by
the notice at the cost of the Borough. He shall certify the cost to
the Mayor and Council, who shall examine the certificate and, if found
correct, shall cause the costs shown on the certificate to be charged
against the lands benefited. The cost shall be added to the taxes
next assessed and levied upon the lands benefited. The cost shall
bear interest at the same rate as taxes and be collected and enforced
by the same officers and in the same manner as taxes.
[Ord. No. 88-20 § 2]
There is hereby prohibited the storage in areas zoned residential
and bulky household items including but not limited to appliances,
furniture or mattresses, as well as the storage of tires, except in
a fully enclosed structure.
