[HISTORY: Adopted by the Township Council
of the Township of Pohatcong 6-1-2004 by Ord. No. 04-13. Amendments noted where
applicable.]
It is hereby found and declared that there exist
in the Township structures and vacant lots which are or may become
in the future substandard with respect to structural integrity, equipment
or maintenance, and, further, that such conditions, including but
not limited to structural deterioration, a lack of maintenance or
upkeep of essential facilities and utilities and the existence of
fire hazards and unsanitary conditions, constitute a menace to the
health, safety, welfare and reasonable comfort of the citizens and
inhabitants of the Township. It is further found and declared that,
by reason of a lack of maintenance and the ensuing progressive deterioration,
certain properties have the further effect of creating blighting conditions
and that, by reason of timely regulations and restrictions as herein
contained, the growth of this blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of dwellings and neighborhoods enhanced and the public health, safety
and welfare protected and fostered. It is also found that there is
a need to regulate and limit the number of vehicles and boats that
can be parked or stored on properties to avoid undue congestion and
enhance the streetscape and aesthetic appearance of the community.
The purpose of this chapter is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance and condition of the exterior of residential
and nonresidential premises; to avoid, prevent and eliminate the maintenance
of or creation of hazards to the public health and safety; to avoid,
prevent and eliminate conditions which, if permitted to exist or continue,
will depreciate or tend to depreciate the value of adjacent or surrounding
properties; to prevent the creation, continuation, extension or aggravation
of blight; to regulate and limit the number of vehicles and boats
that may be parked or stored on properties; to fix certain responsibilities
and duties upon owners, operators and occupants of property; and to
provide for the administration and enforcement of this chapter.
A.
All vacant or improved properties shall comply with
the provisions of this chapter.
B.
Every residential and nonresidential structure used
for residential, commercial, business or industrial occupancy, including
vacant structures, and the premises on which they are situated in
the Township, shall comply with the provisions of this chapter, whether
or not such structure shall have been constructed, altered or repaired
before or after the enactment of this chapter and irrespective of
any permits or licenses which shall have been issued for the use or
occupancy of the structure or for the installation or repair of equipment
or facilities prior to the effective date of this chapter.
In any case where the provisions of this chapter
impose a higher standard than that set forth in any ordinance of the
Township or under the laws of the State of New Jersey, then the standards
as set forth herein shall prevail, but, if the provisions of this
chapter impose a lower standard than any ordinance of the Township
or of the laws of the State of New Jersey, then the higher standard
contained in any such other ordinance or law shall prevail.
Nothing in this chapter shall limit or impair
any existing remedies of the municipality, or its officers or agencies,
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this chapter,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder, nor may any such person or entity assert
as a defense against any charge made under this chapter that another
owner, operator or occupant or any other third person or entity is
also responsible therefore and in violation thereof.
[Amended 10-16-2007 by Ord. No. 07-16; 9-20-2022 by Ord. No. 22-12]
A.
A certain
document, three copies of which are on file in the office of the Township
Clerk of the Township of Pohatcong, being marked and designated as
the BOCA National Property Maintenance Code, Fourth Edition, 2018,
as published by the Building Officials and Code Administrators International,
Inc., be and is hereby adopted as the Property Maintenance Code of
the Township of Pohatcong, 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
BOCA National Property Maintenance Code are hereby referred to, adopted
and made a part hereof, as if fully set forth in this chapter.
B.
The BOCA
National Property Maintenance Code is hereby amended and revised in
the following respects:
(1)
Section
PM-101.1, Title (page 1, second line): insert "Township of Pohatcong."
(2)
Section
PM-103.5 (page 2): insert "No fees currently associated with property
maintenance."
(3)
Section
PM-302.4 (page 11): insert "eight inches."
(4)
Section
PM-304.14 (page 13): insert "from 4/1 to 11/1."
(5)
Section
PM-602.3 (page 23): insert "from 11/1 to 5/1."
(6)
Section
PM-602.4 (page 23): insert "from 11/1 to 5/1."
A.
Enforcement officer. The enforcement officer shall
be any member of the Pohatcong Township Police Department, the Township
Engineer, the Code Enforcement Officer, or the Zoning Officer.
[Amended 9-18-2007 by Ord. No. 07-13]
B.
Coordination of enforcement. The inspection of premises
and the issuance of orders by the appropriate enforcement officer
under the provisions of this chapter shall be coordinated by the Code
Enforcement Officer. Whenever, in the opinion of the Code Enforcement
Officer, it is necessary or desirable to have inspections of any condition
by any other enforcement officer, as defined in this chapter, the
Code Enforcement Officer shall refer the matter in writing to the
appropriate enforcement officer.
[Amended 9-18-2007 by Ord. No. 07-13]
C.
Inspections.
(1)
The enforcement officer is authorized to enter upon
any land at any reasonable time for the purpose of performing his
duty, with the consent of the property owner.
(2)
In the event that a property owner refuses such consent,
the enforcement officer is authorized to apply to the Judge of the
Pohatcong Township Municipal Court for an administrative entry order.
The Judge may issue such order upon submission of information which
is sufficient, in the determination of the Judge, to justify the issuance
of the order.
(3)
No entry conducted pursuant to such administrative
order shall take place other than during the hours of 8:00 a.m. to
6:00 p.m. unless the enforcement officer demonstrates that an emergency
exists and that the public health, safety and welfare requires such
search during earlier or later hours, as the case may be.
(4)
The inspections authorized hereunder are in addition
to those which may be authorized by the laws of the State of New Jersey.
D.
Enforcement procedure. Whenever the enforcement officer
determines that there is or has been a violation of any provision
of this chapter, he shall give notice of such violation to the person,
persons or entities responsible therefor under this section; provided,
however, no notice shall be required prior to the issuance of a summons
issued by the Police Department. Such notice shall be in writing and
shall include a concise statement of the reasons for its issuance.
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by regular mail to the last known address
of the person or entity upon which the same is served, as shown by
the most recent tax records of the municipality, or if a copy thereof
is handed to said person or persons or if a copy thereof is left with
the occupant of the property if different from the owner of record.
Notice shall be given as aforesaid within or without the municipality.
(1)
The notice, subject to the rights of appeal provided in § 222-10 hereof, shall also state that, unless the violation is abated, removed, cured, prevented or desisted (collectively referred to herein as "abatement") within 30 days of the date of service of such notice (exclusive of the date of service), a complaint shall be issued for such violation in the Pohatcong Township Municipal Court. The enforcement officer may extend the period for compliance with the requirements of this section in regard to the violation stated in the notice for a period in excess of the aforesaid 30 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the thirty-day period, and, in such cases, the enforcement officer shall state such reasonably required extended period of notice, which shall then be applicable instead of the aforesaid 30 days. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said thirty-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall be issued against the person, persons, entity or entities so notified. Any extension beyond 60 days must be approved by the Township Council.
E.
Emergency conditions. Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health, welfare or safety, he may issue an order to correct by service of notice as set forth in Subsection D above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, and, upon objection, in writing, to the enforcement officer, any such person shall be afforded a hearing before the Township Council at the next scheduled regular meeting. After such a hearing and decision by the Township Council as to the existence or nonexistence of the emergency condition, the Township Council may continue such order in effect or modify or withdraw it, subject to the issuance of a summons or complaint for violation thereof if such order is continued.
A.
Any owner, occupant or operator who receives a violations notice from the enforcement officer as provided for in § 222-9, other than an emergency notice, shall have a right to appeal the enforcement officer's findings and determinations to the Township Council by filing a written notice of appeal with the Township Clerk within 15 days of receipt of the violations notice. The Township Council shall conduct a hearing on the appeal within 30 days thereafter upon notice to the aggrieved party and the enforcement officer and shall permit the aggrieved party, by himself or herself or through counsel, to present competent evidence that the enforcement officer's findings and determinations are incorrect and that his or her property is not in violation of this chapter. The enforcement officer and his or her authorized representatives and witnesses shall likewise be entitled to present competent evidence in support of their findings and determinations.
B.
The Township Council shall render its decision with
respect to the appeal within 30 days after the close of the hearing
and shall memorialize its findings and determinations in a written
resolution to be adopted within 45 days thereafter. In its decision,
the Township Council may approve, reverse or modify the findings and
determinations of the enforcement officer. A certified copy of said
resolution shall be mailed by the Township Clerk to the aggrieved
party and the enforcement officer within 10 days of the adoption.
C.
The time frame for abatement as set forth in this
chapter and in the violations notice shall be automatically extended
during the pendency of the appeal, and a summons with the Municipal
Court shall not be issued until a decision is rendered by the Township
Council.
D.
Any owner, occupant or operator who receives a violations notice from the enforcement officer as provided for in § 222-9 hereof who is unable to comply for special circumstances beyond his or her control within the compliance period specified in the violations notice shall be permitted to appeal the term of the compliance period to the Township Council pursuant to Subsections A through D of this § 222-10. The appealing party shall be required to demonstrate his or her special circumstances to the Township Council at the appeal hearing by clear and convincing proof and demonstrate why the compliance period specified in the violations notice should be extended. The Township Council shall be permitted to extend the compliance period for a period not to exceed 12 months dependent upon the proofs presented.
In all cases where any brush, weeds, dead and
dying trees, stumps, roots, obnoxious growth, filth, garbage, trash
and debris are removed from any lands by the Township under the provisions
of this chapter, the municipal officers of the municipality in charge
of the removal of said material shall certify the cost thereof to
the Township Council. Upon receipt of this certificate of cost, the
Township Council shall examine the same and, if found correct, shall
cause the cost as shown thereon to be charged against the property
from which said material was removed. The amount so charged shall
become a lien upon such lands and shall be added to and become part
of the taxes next to be assessed and levied upon said lands. Said
lien shall bear the same interest rate as taxes and shall be collected
and enforced by the officers of the municipality in the same manner
as taxes.
[Amended 9-20-2022 by Ord. No. 22-12]
Any person or entity that violates any provision of this chapter shall be liable for one or more of the penalties established in Chapter 153 of the Code of the Township of Pohatcong, entitled "General Penalty."
Nothing contained in this chapter or any requirement
of compliance herewith shall be deemed to alter, impair or affect
the application of the Zoning Ordinance or zoning laws of the municipality.
