This chapter is adopted pursuant to the authority of N.J.S.A.
40:48-2 which permits governing bodies of municipalities of this state
to enact and amend ordinances as deemed necessary for the preservation
of the public health, safety and welfare and as may be necessary to
carry into effect the powers and duties conferred to municipalities.
Ancillary authority for the adoption of this chapter comes from N.J.S.A.
40:48-2.53; N.J.S.A. 46:10B-51; N.J.S.A. 40:48-2.12a; N.J.S.A. 40:48-2.12e;
N.J.S.A. 40:48-2.12f; N.J.S.A. 40:48-2.12s; N.J.S.A. 40:48-2.13; N.J.S.A.
40:48-1(4); and N.J.S.A. 40:49-5.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this chapter, except where
the context clearly indicates a different meaning:
ACCESSIBLE PROPERTY/STRUCTURE
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 CODES
Includes, but are not limited to, the Borough of Palmyra
Code, other Palmyra ordinances, and the current BOCA National Property
Maintenance Code as published by the Building Officials and Code Administrators
International, Inc., and any other State of New Jersey Construction
Codes.
ENFORCEMENT OFFICER or CODE ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, abandoned
property list official, public official or other person authorized
by the Borough of Palmyra to enforce the applicable code(s). More
than one enforcement officer may be designated by the Borough of Palmyra.
GRAFFITI
Any drawing, painting or marking of any mark or inscription
on public or private real or personal property without the prior written
permission of the owner of the property.
OWNER
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
REGISTERED PROPERTY
Any real property required to be registered pursuant to § 206-6
below, of this chapter.
REGISTRANT
A person or legal entity who has registered or who is required
to register a registered property pursuant to this chapter.
STREET ADDRESS
The address at which the person resides or the legal entity
maintains an office, which shall include a street name or rural delivery
route in addition to any postal office box number which may be provided.
VACANT
For a residential building or structure to be vacant, it
must not have been legally occupied for a period of 30 days. A commercial,
industrial or mixed-use building or structure shall be deemed to be
vacant unless at least 31% of its total square footage is legally
occupied and the operations conducted must be in accordance with permitted
uses under the applicable Palmyra land use ordinances.
Except as set forth below, this chapter shall be considered
cumulative and not superseding or subject to any other law or provision
for same, but rather be an additional remedy available to Palmyra
above and beyond any other state, county or local provisions for same.
Notwithstanding anything herein to the contrary, the provisions of
this chapter shall not apply to any property that is owned by the
U.S. Department of Housing and Urban Development.
Palmyra shall create a registration program cataloging each
registered property within Palmyra containing the information required
by this chapter.
Registrants shall maintain his/her/its registered property as
follows:
A. Registered property shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is vacant or abandoned. All registrants shall comply with all provisions of the Borough of Palmyra Code (the "Code") including but not limited to Chapter
203 of the Code, titled "Property Maintenance."
B. Registered property shall be maintained free of graffiti by removal
or painting over with an exterior grade paint that matches the color
of the exterior structure.
C. Front, side, and rear yards, including landscaping, of registered
property shall be maintained in accordance with the Code. Maintenance
shall include, but not be limited to, cutting and mowing of required
ground cover or landscape and removal of all trimmings.
D. Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with any other applicable
regulations and/or codes. Pools and spas shall also be secured so
as to restrict unauthorized access to them. All fences required shall
be maintained in accordance with standards set forth in the Code.
E. Fences shall be maintained in a state of good repair, safe and secure
condition, with all braces, bolts, nails, supporting frame, fastenings
and other components free from deterioration, termite infestation,
rot, rust damage or loosening, and able to withstand at all times
the wind pressure for which they were designed. Fences shall be maintained
in sound structural condition as a whole, including post(s), and shall
not lean more than 15° out of vertical alignment.
F. Snow and ice removal shall be performed in accordance with the provisions
of the Code.
G. Registered property shall comply with all other applicable provisions
of the Code.
All registered property, which is not maintained as required in §
206A-7 above and/or not secured as required by §
206A-8 above 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 Palmyra. In addition, the enforcement officer may declare any vacant and/or abandoned real property a nuisance if it meets one or more of the criteria set forth in N.J.S.A. 55:19-82.
Whoever opposes, obstructs, or resists any Code Enforcement
Officer or any person authorized by the Code Enforcement Officer in
the discharge of duties as provided in this chapter shall be punishable
pursuant to N.J.S.A. 2C:29-1 upon conviction by a court of competent
jurisdiction.
The Code Enforcement Officer shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter, pursuant
to the New Jersey Tort Claims Act, and any other applicable law providing
for immunity.
If any provisions of this chapter is deemed unlawful by a Court
or is found to be contrary to law by a court of competent jurisdiction,
such provision shall be of no force or effect; but the remainder of
this chapter shall continue in full force and effect.