City of Pleasantville, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Pleasantville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 111.
Fire prevention — See Ch. 135.
Housing standards — See Ch. 143.
Junk dealers and collectors — See Ch. 151.
Littering — See Ch. 159.
Storage of vehicles — See Ch. 281.
[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. I of Ch. 164 of the 1982 Code]

§ 207-1 Policy declaration.

[Amended 2-6-1989 by Ord. No. 2-1989]
This article shall apply where it is found that there exists in the City of Pleasantville premises which are or may become substandard with respect to the site, structure, equipment or maintenance or, further, that such conditions, including but not limited to structural deterioration, lack of maintenance, deteriorating appearance of the structure or premises, infestation and existence of fire or other hazards, are generally a menace to health, safety and the general welfare or when it is further found that such premises, due to their lack of maintenance and progressive deterioration, have the additional effect of creating blighting influences and initiating deterioration and that, if the same are not curtailed or removed, the aforesaid conditions will grow and spread to affect premises and neighborhoods in standard condition and will necessitate the expenditure of public funds to correct and to eliminate the same by reason of regulations and restrictions as contained herein, whereby the growth of slums and the spread of blight can be prevented and the neighborhood and property values thereby maintained, the desirability and amenities enhanced and the public health, safety and welfare protected and fostered.

§ 207-2 Purpose.

[Amended 2-6-1989 by Ord. No. 2-1989]
The purpose of this article is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of real property; to fix certain responsibilities and duties upon owners, operators and occupants; to authorize procedures for the inspection of real property; to fix penalties for the violation of this article; to provide for the right of access across adjoining premises to permit repairs; and to provide for the repair of premises unfit for occupancy or use. This article is hereby declared to be remedial and essential for the public interest.

§ 207-3 Definitions.

The following terms, wherever used in this article, shall have the respective meanings assigned to them unless a different meaning clearly appears from the content:
ACCESSORY STRUCTURE
A structure the use of which is incidental to that of the main building and which is located on the same lot.
BASEMENT
A portion of a building located partly underground but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BUILDING
A combination of materials to form a construction adapted to permanent or continuous occupancy or use.
CELLAR
A portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
EXPOSED TO PUBLIC VIEW
Any premises, or any part thereof, or any building or part thereof which may be lawfully viewed by the public from a sidewalk, street or alleyway or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES
Open space on the premises outside of any building therein.
EXTERMINATION
The control or elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as food or by any other recognized and legal pest elimination methods approved by the Health Officer.
FIRE HAZARD
Any device or condition likely to cause fire and which is so located as to endanger either persons or property; the creation, maintenance or continuance of any physical condition through which there exists a use, accumulation or storage of combustible or explosive material sufficient in amount or so located or in such a manner as to put in jeopardy, in event of ignition, either persons or property; and the obstruction to or of fire escapes, ladders which may be used as escapes, stairways, aisles, exits, doors, windows, passageways or halls likely, in the event of fire, to interfere with the operations of the Fire Department or in the safe and ready egress of the occupants.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
[1]
INFESTATION
The presence of any insects, rodents, vermin or other pests.
NUISANCE
Any public annoyance known at public law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or in the ordinances of the City of Pleasantville, including the following:
A. 
Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises or upon an unoccupied lot. This includes but is not limited to abandoned wells, shafts, basements or excavations; abandoned iceboxes, refrigerators or motor vehicles; any structurally unsound fences or structures; lumber, trash, fences, debris or vegetation, such as poison ivy, oak or sumac, which may prove a hazard for inquisitive minors.
B. 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
C. 
Overcrowding of a room with occupants in violation of any code of the City of Pleasantville.
D. 
Insufficient ventilation or illumination in violation of any code of the City of Pleasantville.
E. 
Inadequate or unsanitary sewage or plumbing facilities in violation of any code of the City of Pleasantville.
F. 
Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of any code of the City of Pleasantville.
G. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
H. 
Fire hazards.
OPERATOR
Any person who has charge, care or control of a building or a part thereof.
OWNER
Any person who alone, jointly or severally with others shall have the legal title to any property with or without accompanying actual possession thereof or shall have charge, care or control of any property as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
PLUMBING
Includes all of the following supplied facilities and equipment: water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any similar supplied fixtures, together with all connections to water, sewer or gas lines.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping.
RUBBISH
Any combustible and noncombustible waste materials, except garbage, including the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, wood, excelsior, rubber, leather, tree branches, grass trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
SEMIPUBLIC OCCUPANCY
Churches, private schools and veterans' and other clubs which serve the public but which are privately rather than publicly operated.
STRUCTURE
An assembly of materials forming a construction for occupancy or use, including, among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences and display signs.
VENTILATION
The supply and removal of air by natural or mechanical means to and from any space.
[2]
WASHROOMS
Enclosed space containing one or more bathtubs or showers, or both, and which shall also include toilets, lavatories or fixtures serving similar purposes.
WEATHERING
Deterioration, decay or damage caused by exposure to the elements.
[1]
Editor's Note: The definition of "hotel (cf motel)," which immediately followed this definition, was deleted 2-17-1999 by Ord. No. 6-1999.
[2]
Editor's Note: The definitions of "ventilation, mechanical" and "ventilation, natural," which immediately followed this definition, were deleted 2-17-1999 by Ord. No. 6-1999.

§ 207-4 Word usage.

A. 
Whenever the words "accessory structure," "building," "premises," "room," "rooming unit" or "structure" are used in this article, they shall be construed, unless expressly stated to the contrary, to include the plurals of these words and as if they were followed by the words "or any part thereof."
B. 
The word "shall" shall be applied retroactively as well as prospectively.

§ 207-5 Applicability.

A. 
Compliance required. Every premises situated in the City, whether used or intended to be used for residential, commercial, semipublic or industrial occupancy, shall comply with the provisions of this article, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this article and irrespective of any permits, certificates of occupancy or licenses which shall have been issued for the use or occupancy of the building or premises and for the construction or repair of equipment or facilities prior to the effective date of this article. This article establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained herein, except as provided in Subsection B.
[Amended 2-6-1989 by Ord. No. 2-1989]
B. 
Higher standard to prevail in case of conflict with other laws or ordinances. In any case where the provisions of this article impose a higher standard than set forth in any other ordinances of the City or under the laws of the State of New Jersey, then the standard as set forth herein shall prevail, but if the provisions of this article impose a lower standard than any other ordinances of the City or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
C. 
Issuance and renewal of other permits and licenses. After the date of enactment hereof, all licenses and permits wherever applicable shall be issued upon compliance with this article as well as compliance with the ordinances under which licenses and permits are granted.
D. 
Enforcement of and compliance with other ordinances. No license or permit or other certification of compliance with this article shall constitute a defense against any violation of any other ordinance of the City applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision nor any official of the City from enforcing any such other provision.

§ 207-6 Responsibilities and duties of owners, operators and occupants.

A. 
Owner and operator. Owners and operators shall have all the duties and responsibilities as prescribed herein and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B. 
Occupant. Occupants shall have all the duties and responsibilities as prescribed herein and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C. 
Contract not to alter responsibilities. Unless expressly provided to the contrary in this article, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.
D. 
Duties and responsibilities of owner and operator.
(1) 
Maintenance of exterior of premises. The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards, which include but are not limited to the following:
(a) 
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
(b) 
Natural growth: dead and dying trees and limbs or other natural growth in rotting or deteriorating condition or storm damaged which constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
(c) 
Overhangings: loose and overhanging objects, such as signs, awnings and accumulations of ice and snow, in locations above ground level constituting a danger of falling on persons in the vicinity thereof.
(d) 
Ground surface hazards or unsanitary conditions: houses, excavations, breaks, projections, obstructions, icy conditions, uncleared snow and the excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises, and broken or damaged sidewalks or driveways, parking lots and parking areas. All such holes, ponding water and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
[Amended 2-17-1999 by Ord. No. 6-1999]
(e) 
Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained in accordance with the requirements of the City of Pleasantville to eliminate any such recurrent or excessive accumulation of stormwater.
(f) 
Sources of infestation.
(2) 
Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
(3) 
Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment and shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
(4) 
Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair and free from defects. Handrails must be gripable and installed 32 inches to 36 inches above the nose of the tread. Guardrails must be a minimum of 36 inches high for a one story and 42 inches minimum for two story or over 10 feet height above grade. Ballisters must have a maximum opening of four inches.
[Amended 2-17-1999 by Ord. No. 6-1999]
E. 
Appearance of exterior of premises and structures.
(1) 
The exterior of the premises and the condition of all structures shall be so maintained that their appearance shall reflect a high level of maintenance, a standard physical condition and shall not constitute a blighting influence on adjoining property owners nor any element leading to the deterioration and downgrading of the neighborhood or the reduction of property values.
(2) 
Where the premises are landscaped, lawns, hedges, bushes, planter tubs or other containers shall be kept trimmed, free from becoming overgrown and unsightly and generally in a healthy, attractive condition. Six inches is the maximum height for grass.
[Amended 2-17-1999 by Ord. No. 6-1999; 4-4-2005 by Ord. No. 11-2005]
(3) 
All signs as permitted by Ch. 290, Zoning and Land Use, and the Building Code[1] shall be maintained in a state of good repair. Any signs which are weathered or faded, have cracked or peeling paint or members in a state of disrepair and broken or nonoperative electrical signs shall be repaired or shall be removed in their entirety. In relation to stands or any other seasonal businesses that are closed during the off-season period, their signs shall be professionally lettered on durable material and shall be solidly affixed in their position.
[1]
Editor's Note: See Ch. 119, Construction Codes, Uniform.
(4) 
All windows that are exposed to public view shall be kept clean and free of marks and foreign substances. No storage of materials, stock or refuse shall be permitted in window display areas exposed to public view unless said areas are first screened from the public view by drapes, blinds or other suitable material which renders the windows opaque to the public view. All screening of windows shall be maintained in a clean and attractive manner and in a state of good repair.
(5) 
All store structures and stands shall be kept in good repair, painted where required and shall not constitute a safety hazard, nuisance or blighting influence on adjoining properties or in the neighborhood generally. In the event that repairs to a store or stand become necessary, such repairs shall be made with the same or similar materials used in the construction of the structure in such a manner as to permanently repair the deteriorated or damaged area. Any cornice visible above a storefront shall be kept painted, where required, and in a state of good repair.
(6) 
Except for "for rent" and "for sale" signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or windows or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it was prepared or within 60 days after its display, whichever shall take place sooner.
(7) 
Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event that such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event that said awnings or marquees are made of cloth, plastic or of similar materials, said cloth or plastic, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
(8) 
Any laundry or clothing that is hung outdoors must be on an appropriate clothes drying line and is limited to the rear of buildings.
[Added 4-4-2005 by Ord. No. 11-2005]
F. 
The exterior of every structure or accessory structure, including fences, signs and storefronts, shall be maintained in good repair, and all surfaces thereof shall be kept painted where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influences.
(1) 
All reconstruction of walls and sidings shall be of standard quality as permitted by the City's Building Code[2] and of an appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises fronts, such that the materials used will not be of a kind that their appearance under prevailing appraisal practices and standards will depreciate the values of neighboring and adjoining premises as aforesaid.
[2]
Editor's Note: See Ch. 119, Construction Codes, Uniform.
G. 
All parts of the premises shall be maintained in a clean and sanitary condition so as to prevent infestation, be free of nuisance and be free of hazards to health, safety and fire.
(1) 
No obstruction from garbage, refuse or rubbish shall be permitted on common areaways, stairways, hallways, basements or cellars, except that rubbish or garbage stored in proper containers may be set out for removal pursuant to the requirements of the City of Pleasantville.
(2) 
Removal of garbage or rubbish shall be the duty of the owner and operator.
(3) 
Floors, interior walls and ceilings of every structure shall be in sound condition and maintained in a clean and sanitary condition. Floors shall be considered to be sound when they are capable of safely bearing their imposed loads free from breaks, cracks and other hazards.
(4) 
Washroom and bathroom. Floors shall be surfaced with water-resistant material and shall be kept in a dry, clean and sanitary condition at all times and adequately ventilated according to the requirements of the City of Pleasantville.
H. 
Storage bins, rooms and areas shall not be used for accumulated garbage or refuse. Flammable or combustible liquids or other materials may not be stored on the premises unless they are of a type approved for storage by the regulations of the Fire Department and the City's Building Code, and then only in such quantities and in such fireproof storage containers as may be prescribed by the regulations.
I. 
All premises shall be properly connected to and provided with electrical power through safety insulated conductors conforming to the requirements of the City of Pleasantville.
J. 
The storage in areas zoned residential of any bulky household items, such as appliances, furniture or mattresses, except in any fully enclosed structure or during days designated for the collection of bulky items, is hereby prohibited.
[Added 6-19-1989 by Ord. No. 12-1989]
K. 
Any person or persons lawfully storing tires in any area zoned residential shall be prohibited from doing so, except in a fully enclosed structure.
[Added 6-19-1989 by Ord. No. 12-1989]
L. 
Duties; violations and penalties.
(1) 
It shall be the duty of the owner, tenant or person in possession of any land in the City to:
[Added 9-4-2002 by Ord. No. 28-2002]
(a) 
Maintain and keep living trees in the road right-of-way of any road in the City in a manner so as to keep the right-of-way safe to preserve the public health, safety and general welfare and to remove dead or dying trees and/or branches.
(b) 
Maintain and keep the right-of-way free of garbage, trash and other debris for the purpose of preserving the public health, safety and general welfare of the public.
(c) 
Maintain and repair any broken and/or damaged curb and sidewalks in front of or adjoining said land.
(2) 
If any condition exists that violates this subsection, the Code enforcement official (Inspection Official) or his/her designee, shall notify the owner, tenant or other person in possession of the property of such condition or conditions, in writing, by regular mail or personal delivery. The owner, tenant or person in possession of the property shall have 14 days from the date of such written notice to correct the condition or conditions so noticed. The Code enforcement inspector shall reinspect the lands in question after the fourteen-day period has expired to determine if the condition or conditions have been abated or remedied.
(3) 
If the owner, tenant or person in possession of the lands in question fails to abate or remediate the condition or conditions noticed by the Inspection Official within 14 days of the notice, the following shall occur:
(a) 
A complaint shall be issued by the Inspection Official for the violation or violations of this subsection, which complaint shall be brought before the Municipal Court of the City of Pleasantville.
(b) 
If it is necessary to preserve the public health, safety or general welfare of the City, the Inspection Official shall cause the condition or conditions complained about to be abated or remedied and shall certify the cost of abatement or remediation to the Council of the City of Pleasantville. The amount of such abatement or remediation shall be paid by the owner, tenant or person in possession within 10 days of the date of the mailing by which the invoice is sent to the aforesaid person.
(c) 
If the said invoice is not so paid, the amount so charged shall be added to and become a part of the taxes next to be assessed upon the lands in question and shall bear interest at the same rate as municipal real estate taxes, and shall be collected and enforced by the same officer and in the same manner as delinquent taxes.
(d) 
For each day the condition or conditions complained of continue to exist after the fourteen-day period has expired, the tenant, owner or person in possession shall be subject to one or more of the following: a fine of not less than $100 nor more than $1,000, imprisonment for a period not to exceed 90 days or a period of community service not to exceed 90 days for each and every day the condition or conditions exist.

§ 207-7 Administrative provisions.

[Amended 2-17-1999 by Ord. No. 6-1999]
A. 
Inspecting Official to be inspecting officer. The Inspecting Official is hereby designated to serve as the inspecting officer hereunder, and all inspections, regulations, enforcement and hearings on violations of the provisions of this article, unless expressly stated to the contrary, shall be under his direction and supervision. He may appoint or designate such other public officials or employees of the City to perform duties as may be necessary to the enforcement of this article, including the making of inspections and holding of hearings.
B. 
When inspections are to be made. All buildings and premises subject to this article are subject to inspections by the enforcing officer. At the time of such inspections, all parts of the premises must be available and accessible for such inspections, and the owner and operator are required to provide the necessary arrangements to enable such inspections. Such inspections shall be made during regular business hours unless the violation is of an emergency type which requires abatement without delay.
C. 
Identification and conduct of inspectors. Inspectors shall be supplied with official identification and, upon request, shall exhibit such identification when entering any building, rooming unit or any part of any premises subject to this article. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
D. 
Where entry by inspectors is refused.
(1) 
Penalties. Where the Inspecting Official or his agent is refused entry or access or is otherwise impeded or prevented by the owner or operator from conducting an inspection of the premises, such person shall be in violation of this article and subject to the penalties hereunder.
(2) 
Search warrant or access warrant. In addition to the provisions of § 207-7D(1), the Inspecting Official may, upon affidavit, apply to the Municipal Court of the City of Pleasantville, or such other court that may have jurisdiction, for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this article exists on the premises, and, if the Judge is satisfied as to the matter set forth in the said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. Warrant for access may be issued by the court having jurisdiction upon affidavit of the Inspecting Official establishing grounds thereof.
E. 
Procedure where violation is discovered. Except as provided in § 207-7E(8), where a violation of this article or the regulations hereunder is found to exist, a written notice from the Inspecting Official shall be served on the person or persons responsible for the correction thereof.
(1) 
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to start to correct or abate the violation and a reasonable time period to complete the correction of said violation, the right of the person served to request a hearing and that the notice shall become an order of the public officer five working days after service unless a hearing is requested pursuant to § 207-7E(3).
(2) 
Service of notice. Notice may be served personally or by certified mail, with postage prepaid, addressed to the last known address of the person to be served. In the case of an occupant, notice may be posted upon the door of his dwelling unit or rooming unit. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Inspecting Official shall file and provide notice to any owner, operator or occupant of any violation at any address other than the last known address provided hereunder if such other address is filed with the Inspecting Official personally or by certified mail addressed to the Inspecting Official. Service upon an owner, operator or occupant may also be attained by service of any notice upon a member of the family of the owner, operator or occupant. Date of service of the notice shall be determined where service is by mail as the day following the day of mailing for notices to addresses within the City and as the fourth day after the day of mailing for notices to addresses outside the City. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day, notwithstanding any other provision herein contained.
(3) 
Notice to become an order unless hearing requested. Within five working days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon by serving a written request within the five-day period in person or by certified mail on the Inspecting Official. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Inspecting Official, upon receipt of the request, shall within 30 days therefrom and upon five days' notice to the party aggrieved set the matter down for hearing.
(4) 
Determination at hearing. At any hearing provided hereunder the Inspecting Official shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within 10 days of the completion of the hearing. The Inspecting Official shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
(5) 
Extensions of time. The Inspecting Official may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
(6) 
Summary abatement in emergency; notice and hearing not required. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Inspecting Official may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days, and, upon failure to do so, the Inspecting Official shall abate the condition immediately thereafter.
(7) 
Referral of violations. Any violation of any related ordinance other than this article discovered by an inspector shall be reported to the Inspecting Official, who shall refer the alleged violation to the official or agency responsible for the enforcement of such other ordinance.
(8) 
Where the Inspecting Official, after hearing, shall determine that there was a violation and a notice was served upon the owner, operator or occupant, whether or not said violation was abated prior to the issuance of an order, if thereafter within the space of one year there shall be a second violation by the same owner, operator or occupant of the same provision of this article discovered on the same premises, the offender may be prosecuted on the second violation without the Inspecting Official first giving notice and opportunity for a hearing to the owner, operator or occupant by the filing of a complaint by the Inspecting Official in the Municipal Court. Where the Inspecting Official has on two different occasions found violations by the same owner, operator or occupant on the same premises and has issued notices on each and has held at least one hearing and issued an order thereon, upon discovering a third or subsequent violation by the same owner, operator or occupant on the same premises within the space of one year, whether of the same sections or of any other sections of this article, he may thereupon prosecute the offender by filing a complaint in the Municipal Court for the said third or subsequent violation occurring within the said period of one year without first providing notice and opportunity for a hearing by the Inspecting Official.
(9) 
Effect of notice on owner. For the purposes of enforcement of this article, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until said violations are abated in conformity with this article and the other applicable ordinances of the City of Pleasantville.

§ 207-8 Violations and penalties.

A. 
Fines for violations. A violator of any section or subsection of this article shall be punishable by a fine not to exceed $5,000 or 90 days in jail, at the discretion of the Judge of the Municipal Court, for each violation committed hereunder.
[Amended 2-17-1999 by Ord. No. 6-1999]
B. 
Meaning of "each violation." Each violation of a section or subsection of this article shall constitute a separate and distinct violation independent of any other section or subsection. Each day's failure to comply with any such section or subsection shall constitute a separate violation.
C. 
Application to officers or agents. Where the defendant is other than a natural person or persons, Subsections A and B shall also apply to any agent, superintendent, officer, member or partner who shall alone or with others have charge or control of the premises.

§ 207-9 Existing offenses and violations not discharged.

The repeal of any provisions of any other ordinances by this article shall not affect any action for prosecution or abatement under any such ordinance or any notice, complaint or order issued by any officer or agency of the City prior to the effective date hereof or concerning which any prosecution or other steps of enforcement have been taken or are being taken within any administrative agency or in the Municipal Court for enforcement thereof.

§ 207-10 Inspector's powers and duties.

[Amended 2-17-1999 by Ord. No. 6-1999]
A. 
Adoption of rules and regulations by Inspecting Official. The Inspecting Official is hereby authorized and empowered to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this article, provided that such rules and regulations do not conflict with this article and conform to the general standards prescribed by this article. The Inspecting Official shall file copies of such rules and regulations with the City Clerk, Health Officer, City Engineer and Fire Chief and shall make available in the Inspecting Official's office a copy for inspection by members of the public during regular business hours. Such rules and regulations shall have the approval of the Health Officer, City Engineer and Fire Chief, respectively, where the provisions thereof relate to matters which are also in the jurisdiction of and supervision of each officer. In case of conflict, the rule or regulation may be promulgated by direction of the Mayor. Such rules and regulations shall have the same force and effect as the provisions of this article, and the violations thereof shall be enforced as violations of the express provisions of this article, as herein provided.
B. 
Premises located in area of expected public action. The Inspecting Official shall have the power to modify the strict enforcement of this article where premises subject to this article are contemplated for acquisition or are within an area where acquisition is contemplated by a public agency having the power of eminent domain, and there is a reasonable likelihood that said premises will be acquired within a period of two years, and the strict enforcement of the provisions of this article would require repairs and improvements estimated to exceed $5,000 in cost, and there is an alternative means satisfactory to the Inspecting Official to be used which will eliminate violations of this article constituting hazards to the health, safety and welfare of the occupants of the premises and persons in the immediate vicinity thereof; provided, however, that any waiver of the provisions of this article permitted under this subsection shall be canceled, and the Inspecting Official shall strictly enforce the article if it shall be ascertained subsequent to the granting of the waiver that the premises are in fact not to be acquired for any public use or purpose. Notwithstanding the above, no such waiver granted shall be in violation of any laws of the State of New Jersey or any other public body.
C. 
Right to hearing where application denied. Upon denial of any such application, the owner, operator or occupant may request a hearing with the Board of Appeals for the Building, Housing and Maintenance Codes of the City of Pleasantville, which shall be held in accordance with procedures of said Board.
(1) 
Application not to constitute a defense or stay. Such application shall not constitute a defense of any violation of this article concerning which any proceedings are pending in the Municipal Court when the application is filed, nor shall any variance or modification allowed hereunder constitute a vested right against any ordinance enacted hereinafter by the City Council compelling strict enforcement of any provisions of this article.
(2) 
Record of variations or modifications granted. Where variations or modifications of any section of this article are approved by the Board of Appeals for the Building, Housing and Maintenance Codes of the City of Pleasantville, or by action of any court, a written record thereof stating the name of the applicant, the address of the premises, the variation or, modification approved, the date of approval and the reasons therefor, satisfying the provisions contained herein, shall be prepared by the Inspecting Official and filed both under the section or sections of this article to which the variation or modification applies and under the address of the premises, and such files shall be available for public inspection in the office of the Inspecting Official during regular business hours.
D. 
Annual review of article provisions and related activity. The Inspecting Official shall, in the month of December of each year, review with the Fire Chief, Health Officer, City Engineer and the City Counsel, the procedure and operation of this article and report to the Mayor and City Council on or before January 1:
(1) 
Any recommended amendment, addition or modification of provisions of this article consonant with the field experience of the personnel charged with enforcement.
(2) 
A summary of the enforcement experience, indicating number of violations abated, number of cases processed in the Municipal Court, number of inspections made and such other and further pertinent information as will provide the Mayor and City Council with an annual account of progress in securing the standards required by this article.
(3) 
Any further recommendation as to how this article and the procedure and operations thereunder can be improved.
[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. II of Ch. 164 of the 1982 Code]

§ 207-11 Purpose.

The purpose of this article is to safeguard and protect the public health, promote the good government, order and protection of persons and property and preserve the safety and welfare of the inhabitants of this City.

§ 207-12 Duty to provide heat under agreement.

Whenever the owners of buildings or apartments occupied or designed to be occupied by more than two families have agreed to supply heat, they shall provide heat for such buildings or apartments from the first day of October in each year to the 15th day of May of the succeeding year, so that the temperature of said buildings or apartments where one or more persons reside shall always be kept at 70º F. or above, between the hours of 6:00 a.m. and 12:00 midnight and kept at 65º F. or above, from 12:00 midnight to 6:00 a.m.

§ 207-13 Violations and penalties.

[Amended 2-17-1999 by Ord. No. 6-1999]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.