[Ord. No. 0.2.90, Preamble; Ord. No. 0.1.99 § 1B]
The Township Council has reviewed "The BOCA National Property
Maintenance Code/1996" (Fifth Edition); and the Township Council believes
there is an increased need to emphasize property maintenance requirements
and to adopt provisions that are determined to be of minimum standards
to further the health, safety and welfare of residents in the Township
of Deptford.
[Ord. No. 0.2.90 § 1; Ord. No. 0.1.99 § 1B]
"The BOCA National Property Maintenance Code, Fifth Edition,
1996" as published by the Building Officials and Code Administrators
International, Inc. is hereby adopted as The Property Maintenance
Code of the Township for the control of buildings and structures as
herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms of the BOCA National Property Maintenance
Code are hereby adopted and made part hereof, as if more fully set
out in this section, with the additions, insertions, deletions, and
changes, if any, set forth in subsection 11-1.3.
[Ord. No. 0.2.90 § 2]
"The BOCA National Property Maintenance Code" is amended and
revised in the following respects:
Section PM-100.1 (page 1, second line). Insert: Township of
Deptford.
Section PM-109.2 (page 7, third line). Insert: $25 as the minimum
fine amount and $1,000 as the maximum amount.
Section PM-109.2 (page 7, fourth line). Insert: 90 days as the
maximum permitted period of imprisonment.
Section PM-302.12 (page 17, first line). Delete: During the
period from (Date) to (Date), and change "every" to Every."
Section PM-601.1 (page 27, tenth line). Insert: October 1st.
to May 1st.
Section PM-601.2 (page 27, second line). Insert: October 1st.
to May 1st.
[Ord. No. 8-25-69; 1967 Code § 32-2; Ord. No. 0.2.94 § 1; New]
The Department of Community Development of the Township of Deptford
is hereby designated as the Agency to exercise the powers prescribed
by this section.
[Ord. No. 0.2.94 § II; Ord. No.
0.1.99 § 1B]
Pursuant to the provisions of the "BOCA National Property Maintenance
Code, Fifth Edition, 1996" as published by the Building Officials
and Code Administrators International, Inc., as approved by the Township
Council, is hereby accepted, adopted and established as a standard
to be used as a guide in determining whether dwellings and other structures
in this municipality are safe, sanitary and fit for human habitation
and rental. Three copies of the "BOCA National Property Maintenance
Code" have been placed on file in the Office of the Township Clerk
and are available to all persons desiring to use or examine same.
[Ord. No. 0.2.94 § III; Ord. No.
0.1.99]
A.
Right of entry. The Agency is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rental units and premises and commercial structures located within
the Township of Deptford in order that he/she may perform his duty
of safeguarding the health and safety of the occupants of dwellings
and the general public. For the purpose of making such inspections,
the Agency is hereby authorized to enter, examine and survey at reasonable
times all dwellings, dwelling units, rental units and premises. The
owner or occupant of every dwelling, dwelling unit and rental unit,
or the person in charge thereof, shall give the Agency access to such
building, dwelling unit or rental unit and its premises at all reasonable
times for the purpose of such inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the owner
thereof, or his agent or employee, access to any part of such dwelling
unit or its premises at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance
with the provisions of this section or with any lawful rule or regulation
adopted or any other lawful order issued pursuant to the provisions
of this section.
B.
Certificate of occupancy required. No owner shall permit occupancy
of nor shall any person occupy or use any dwelling, dwelling unit,
multiple apartment building unit, or commercial structures in the
Township of Deptford without first having obtained a Certificate of
Occupancy, certifying that an inspection of the premises has been
made on a specified date unless the dwelling, dwelling unit, multiple
dwelling unit, apartment building unit or structure complies in all
respects with the requirements of this section or any other regulation
or ordinance of the Township requiring the fulfilling of conditions
or other specified prerequisites prior to the initial, continued or
change of use or occupancy thereof.
C.
Fees. For all those inspections conducted by the Agency in connection
with the sale or rental of a single-family dwelling, including condominiums
and townhouses, the fee shall be $40 per unit. For inspections, conducted
in connection with rental units in an apartment complex, the fee shall
be $25 per unit.
(1)
For inspection conducted in connection with a Continued Certificate
of Occupancy of a commercial structure the fee shall be $100.
[Ord. No. 8-25-69; 1967 Code § 32-4]
Whenever the Agency determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
section or of any rule or regulation adopted pursuant thereto, the
Agency shall give notice of such alleged violation to the person or
persons responsible therefor as hereinafter provided. Such notice
shall be put in writing, include a statement of the reasons why it
is being issued, allow a reasonable time for the performance of any
act it requires, and be served upon the owner or his agent, or the
occupant, as the case may require, provided that such notice shall
be deemed to be properly served upon such owner or agent, or upon
such occupant, if a copy thereof is served upon him personally, if
a copy thereof is sent by registered mail to his last known address,
if a copy thereof is posted in a conspicuous place in or about the
dwelling affected by the notice, or if he is served with such notice
by any other method authorized or required under the laws of this
State. Such notice may contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this section
and with rules and regulations adopted pursuant thereto.
[Ord. No. 8-25-69; 1967 Code § 32-5; Ord. No. 0.2.94 § IV]
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Department Head, provided that
such person shall file in the Department of Community Development
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day the
notice was served. Upon receipt of such petition, the Department Head
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the 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 Department Head may postpone the
date of the hearing for a reasonable time beyond such ten-day period
if, in his judgment, the petitioner has submitted a good and sufficient
reason for such postponement. After such hearing, the officer shall
sustain, modify or withdraw the notice, depending upon his findings
as to whether the provisions of this section and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Department Head sustains or modifies such notice, it shall be deemed
to be an order. Any notice served pursuant to this section shall automatically
become an order if a written petition for a hearing is not filed in
Department of Community Development within 10 days after such notice
is served. The proceedings at such hearing, including the findings
and decision of the Department Head, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Township Clerk. Such record shall also include a copy of every
notice or order issued in connection with the matter. Any person aggrieved
by the decision of the Department Head may seek relief therefrom in
any court of competent jurisdiction as provided for by the laws of
the State. Whenever the Department Head finds that an emergency exists
which requires immediate action to protect the public health or safety,
he/she may, without notice or hearing, issue an order reciting the
existence of such an emergency and requiring that such action be taken
as he deems necessary to meet the emergency. Notwithstanding the other
provisions of this section, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately,
but upon petition to the Department Head shall be afforded a hearing
as soon as possible. After such hearing, depending upon his/her finding
as to whether the provisions of this section and of the rules and
regulations adopted pursuant thereto have been complied with, the
Department Head shall continue such order in effect, or modify it,
or revoke it.
[Ord. No. 8-25-69; 1967 Code § 32-6]
The Department Head, with the approval of the Township Manager
is hereby authorized and empowered to make and adopt such written
rules and regulations as he/she may deem necessary for the proper
enforcement of the provisions of this section; provided, however,
that such rules and regulations shall not be in conflict with the
provisions of this section, nor in any way alter, amend or supersede
any of the provisions thereof. The Department Head shall file a certified
copy of all rules and regulations which he/she may adopt in his office
and in the office of the Township Clerk.
[Ord. No. 8-25-69; 1967 Code § 32-7; Ord. No. 0.2.94 § 5]
No person shall occupy or allow to be occupied, any dwelling
or dwelling unit for the purpose of living therein which does not
conform to the provisions of the "BOCA National Property Maintenance
Code Fifth Edition, 1996" established hereby as the standard to be
used in determining whether a dwelling unit is safe, sanitary and
fit for human habitation.
Any person, firm or corporation who shall violate any of the
provisions of this section shall, upon conviction, be subject to a
fine of not more than $1,000 and/or imprisonment in the County Jail
for not more than 90 days or both. Each day that a separate violation
shall exist shall be construed as a separate offense.
[Ord. No. 0.2.90 § 4; New]
Nothing in this section 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 costs of action that are existing under any Act or
Ordinance in force at the time that the suit or proceeding was instituted.
[Ord. No. 8-24-70; 1967 Code § 74-22; New]
The Township Manager shall have the power to require the owner
or tenant of land lying within the limits of the Township, wherever
it shall be necessary and expedient for the preservation of the public
health, safety, general welfare or to eliminate a fire hazard, to
remove from such land or destroy the brush, weeds (including ragweed),
dead and dying trees, stumps, roots obnoxious growths, filth, garbage,
trash and debris within 10 days after notice to remove the same, and
to provide for the removal of the same by or under the direction of
the Director of the Department of Community Development or individual
specifically appointed by the Township, if the owner or tenant shall
have refused or neglected to remove same after notice and within the
time provided aforesaid.
[Ord. No. 8-24-70; 1967 Code § 74-23]
[Ord. No. 8-24-70; 1967 Code § 74-24; New]
In all cases where brush, weeds (including ragweed), dead and
dying trees, stumps, roots, obnoxious growths, filth, garbage, trash
and debris are removed or destroyed from any land under the provisions
of this section, by or under the direction of the Public Officer or
the individual specifically designated by the Manager to perform such
functions, such Director of the Department of Community Development
shall certify the costs thereof to the Manager who shall examine the
certificate and, if found correct, shall cause the costs as shown
thereon to be charged against the lands, the amount so charged shall
forthwith become a lien upon such lands and shall be added to and
become and form 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 and enforced by the same officers and in the same
manner as taxes are collected and enforced in the Township.
