[HISTORY: Adopted by the Township Committee of the Township of New Hanover 10-9-1990 by Ord. No. 1990-6. Amendments noted where applicable.]
[Amended 8-11-1992 by Ord. No. 1992-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A certain document, three copies of which are on file in the office of the Township Clerk of the Township of New Hanover, being marked and designated as the "International Property Maintenance Code, 2021 Edition," as published by the International Code Council (ICC), be and is hereby adopted as the Code of the Township of New Hanover, County of Burlington, 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 ICC International Property Maintenance Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in this chapter.
[Amended 8-11-1992 by Ord. No. 1992-3; 5-13-2008 by Ord. No. 2008-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person shall occupy as owner-occupant or rent to another person for occupancy any dwelling or dwelling unit for the purpose of living therein, and no person shall occupy as owner-lessor or shall rent to another person for commercial lease purposes any commercial property for the purpose of conducting business therein, which does not conform to the provisions of the ICC International Property Maintenance Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation. No person shall rent and/or resell to another person for occupancy any dwelling or dwelling unit for the purpose of living therein, nor shall any person rent and/or resell to another person for commercial purposes any commercial property for the purpose of conducting business therein, without first having had the premises to be let inspected by the Construction Official of the Township. Said person proposing to rent and/or resell residential or commercial premises shall submit a written request to the Construction Official, setting forth the location of the premises to be rented and/or resold, the date upon which occupancy is to be taken of the premises by prospective tenants and/or owners and the name of the person to whom he intends to rent and/or resell the premises. The Construction Official shall, within 48 hours after the receipt of said written request, make inspection of the premises as requested. The Construction Official shall make a written report of his inspection and shall give copies of said report to the owner of the premises, to the person who proposes to rent or buy the premises and to the Clerk of the Township and shall retain one copy. In the event that the Construction Official determines, as a result of the inspection referred to herein, that the premises are unfit for human habitation and the owner rents or resells the property without taking the necessary corrective measures or the person to whom the property is to be rented and/or sold actually enters into occupancy of the premises, the owner and the occupant shall be subject to the penalties provided for in this chapter.
[Amended 8-11-1992 by Ord. No. 1992-3]
Any person, firm or corporation who shall violate any provision of this Code shall, upon conviction thereof, be subject to a fine of not more than $1,000, imprisonment for a term not to exceed 90 days or a period of community service not exceeding 90 days, 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.
Ordinance Number 1981-2 of the Township of New Hanover, entitled "Ordinance establishing minimum standards governing the condition and maintenance of all structures and dwellings; establishing minimum standards governing supplied utilities and facilities and other physical things and conditions essential to ensure 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 dwellings unfit for human habitation and the demolition of such dwellings and structures; and fixing penalties for violation," and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
[Amended 8-11-1992 by Ord. No. 1992-3]
Nothing in this chapter 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 § 137-4 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
There shall be an inspection fee of $75 for each rental and/or resale inspection. There shall also be a reinspection fee of $25 for each inspection for rental and/or resale to the permit holder for inspections that fail due to being not done or ready when inspection is called or having failed to complete the list of violations to be corrected.
[Added 6-12-2018 by Ord. No. 2018-05]
A. 
Unlawful acts. It shall be unlawful for any owner or occupant of any land or premises within the R-25 and R-40 Zones in the Township of New Hanover to allow any tall, uncultivated grass or weeds to reach an obnoxious growth thereon when such growth is likely to become a public health, safety or fire hazard or has an adverse effect on or impairment of visual or aesthetic scenes or vistas or is a nuisance, annoyance or interference with the overall enjoyment or general well-being of the public. "Obnoxious growth" shall be defined as excessive overgrowth growth of uncultivated grass or weeds and any other such condition(s) that the Enforcement Officer determines warrants such classification.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Enforcement Officer. This section shall be enforced by any person that the Township Committee of the Township of New Hanover duly authorizes and designates as the Enforcement Officer.
C. 
Notice to owners and occupants. If any of the unlawful conditions set forth in this section are found to exist after an investigation of any complaint of a resident, officer, or employee of the Township regarding a violation of this section or upon their own initiative, the Enforcement Officer or their designee shall send a violation notice either personally or by registered or certified mail to the owner and/or occupant of said property to remove and/or cut any tall uncultivated grass or weeds in violation of this section within 10 days from the date of the notice. Notwithstanding the foregoing, if it shall appear to the Enforcement Officer or his/her designee that a second or subsequent violation of this section has occurred within a six-month period as to the same property, the notice requirements of this section shall not be applicable unless during the six-month period either the legal title to or possession of the property shall have changed. In such instance involving an alleged second or subsequent violation of this section, the Enforcement Officer may issue a notice demanding immediate abatement of the condition and/or issue a summons for the violation of this section without any further notice.
D. 
Noncompliance to be lien on land; costs. Upon the failure of any owner or occupant of land or premises to remove and/or cut any tall uncultivated grass or weeds in violation of this section within 10 days of the date of notice, the Enforcement Officer shall have the authority to cause same to be removed, and the cost thereof shall be charged against said lands and premises and become a lien upon said lands and premises and shall be added to and become a part of the taxes assessed against said lands and premises, which shall be collected with the taxes next to be assessed and levied upon said lands and premises, and shall both bear interest at the same rate as taxes and be collected and enforced by the same officers and in the same manner as taxes.
(1) 
The costs to be charged and collected against said lands and premises for noncompliance with this section shall include all expenses related to removing and/or cutting tall, uncultivated grass or weeds, including equipment usage, transportation, man-hours involved, and any other costs incurred that the Enforcement Officer or Township Committee of the Township of New Hanover has deemed necessary to carry out the requirements of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Opposing or obstructing Enforcement Officer; penalty. Whoever opposes, obstructs or otherwise resists any Enforcement Officer or any person authorized by the Enforcement Officer or Township Committee of the Township of New Hanover in the discharge of duties as provided under this section shall be punishable as provided in the applicable code(s) or court of competent jurisdiction.
F. 
Immunity of Enforcement Officer. Any Enforcement Officer or any other person authorized by the Township Committee to enforce the sections herein 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 section.