Borough of Wrightstown, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown by Ord. No. 1983-3 (Chapter XVII of the Revised General Ordinances); amended in its entirety 9-8-1998 by Ord. No. 1998-7. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, weeds and debris — See Ch. 43.
Unfit buildings — See Ch. 50.
Littering — See Ch. 104.

§ 152-1 Adoption by reference.

In accordance with the provisions of N.J.S.A. 40:49-5.1 and N.J.S.A. 26:3-69.1 et seq., the BOCA National Property Maintenance Code, Fifth Edition, 1996 and all periodic updates is hereby accepted, adopted and established as the standard to be used as a guide in determining whether commercial and residential buildings and structures in this borough are safe, sanitary and fit for human habitation and rental. A copy of the BOCA Basic Property Maintenance Code, Fifth Edition, 1996 and all periodic updates is hereby adopted by reference subject to the amendments as set forth herein.

§ 152-2 Copies on file.

A copy of the BOCA National Property Maintenance Code, Fifth Edition, 1996 has been placed on file in the office of the Borough Clerk and will remain on file there for use and examination by members of the public requesting same.

§ 152-3 Conformance required.

No person shall occupy as owner or occupant or rent to another for occupancy any commercial or residential building or structure which does not conform to the provisions of the code established herein as the standard to be used in determining whether a commercial or residential building or structure is safe, sanitary and fit for human habitation and use.

§ 152-4 Amendments.

The BOCA National Property Maintenance Code, Fifth Edition, 1996 as adopted herein is amended as follows:
A. 
Paragraph PM-101.1 Title, is amended to read as follows: These regulations shall be known as the "Property Maintenance Code of the Borough of Wrightstown," hereinafter referred to as "this code."
B. 
All references in the code to "existing structures" (PM-101.2 et seq.) shall mean all commercial and residential buildings and structures presently existing, as well as commercial and residential buildings and structures erected or constructed in the future which, after construction, shall be subject to the provisions of the code, whether such buildings or structures are occupied or vacant.
C. 
Paragraph PM-105.1 General, is amended to read as follows: The Property Maintenance Code Official shall enforce all of the provisions of this code. All references in this code to the "Code Official" shall mean the Property Maintenance Code Official.
D. 
All references to the "jurisdiction" or "municipality" shall mean the Borough of Wrightstown, County of Burlington, State of New Jersey, and all references to the "Chief Authority of the jurisdiction" shall mean the Mayor of the Borough of Wrightstown.
E. 
Paragraph PM-106.2 Penalty, is amended to read as follows: Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $1,000 at the discretion of the Municipal Court Judge. Each day that a violation continues after due notice has been served shall be deemed a separate and district violation.
F. 
All references to an "Appeals Board" shall mean the Borough Council of the Borough of Wrightstown.
G. 
Section PM-111.0 Means of Appeal, is hereby deleted and a new section PM-111.0 Means of Appeal shall be inserted as follows:
SECTION PM-111.0 MEANS OF APPEAL
(1)
Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code or of any rules or regulations adopted pursuant thereto may request and shall be granted a hearing on the matter before the Borough Council, provided such person shall file in the office of the Borough Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day notice was served. Upon receipt of such petition, the Borough Clerk shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner, the Borough Clerk may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his/her judgment, the petitioner has submitted sufficient reasons for such postponement.
(2)
Decision by Borough Council. After such hearing, the Borough Council shall sustain, modify or withdraw the notice, depending upon the finding as whether the provisions of this code and the rules and regulations adopted pursuant thereto have been complied with. If the Borough Council sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the Office of the Borough Clerk within 10 days after such notice is served. If the Borough Council takes no action or makes no decision within 30 days of the filing of a petition for a hearing, the decision or action of the Property Maintenance Code Official shall be deemed to be affirmed.
(3)
Proceeding to the matter of public record. The proceedings at such hearing, including the findings and decision of the Borough Council, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Borough Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
(4)
Appeal. Any person aggrieved by the decision of the Borough Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(5)
Notwithstanding the above, any person aggrieved by an order issued by the Property Maintenance Code Official pursuant to this chapter may, within 30 days after the posting and service of the order, avail himself of such remedies as are set forth in N.J.S.A. 40:48-2.8.