As used in this chapter, all of the definitions contained in § 160-5 of this Code are incorporated by reference.
In addition, the following terms shall have the meanings indicated:
- COMMERCIAL PREMISES
- A building or buildings, or any part thereof, and the lot or tract of land upon which the building or buildings are situated where commercial or general business or industrial or manufacturing or professional office activity or any nonresidential use takes place and is permitted by the zoning provisions of the Township of Evesham.
- MULTIFAMILY DWELLING
- One or more buildings or parts thereof designed or existing for the temporary or permanent residence, abode or habitation of 10 or more families. "Multifamily dwellings" shall include but not be limited to high-rise or garden apartments, townhouses, tenements, hotels, motels and rooming houses containing 10 or more units.
- (1) Any common law nuisance or as provided by the laws of the State of New Jersey or ordinances of the Township of Evesham.
- (2) Any physical condition dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists, including but not limited to the existence or maintenance of any holes, excavations, breaks, projections, obstructions, sagging, potholes and cracks, accumulations of ice, snow or water and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are intended for use by persons or which are accessible to or likely to be used by such persons.
- Any person having actual possession of the premises or any part thereof.
- Any person having charge, care or control of the premises or any part thereof, with or without the consent of the owner.
- Any person, alone or jointly or severally with others, who has legal or equitable title to any premises with or without actual possession thereof or who has charge, care or control of any premises, as owner or agent or representative of the owner. Any person who is a lessee and sublets or reassigns any part of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of premises sublet or assigned by said lessee.
- SHOPPING CENTER
- One or more buildings or parts thereof designed or existing as a unit occupied or to be occupied by one or more businesses for the conduct of retail sales, with parking spaces.
All commercial premises, shopping centers and multifamily dwellings and any building situated thereon in the Township of Evesham 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. Where there is a mixed occupancy with commercial and other uses on the same premises, all such uses shall be nevertheless regulated by and subject to the provisions of this article.
The owner, operator and occupant shall maintain and repair the paths, walks, driveways, parking lots and parking areas, loading and unloading areas, and shall keep aisles and accessways in good repair, free of safety hazards and unsanitary conditions, including but not limited to the conditions referred to in the definition of "nuisance." All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable and safe and good condition. All holes and excavations, breaks, projections, obstructions, sagging, potholes and cracks shall be filled and repaired by the owner, operator and occupant who shall take reasonable steps to discover, remove and abate any such hazards or conditions which may exist on the premises.
Inspection. Whenever any nuisance is found on the premises or a condition exists in violation of this chapter and said nuisance or condition is brought to the attention of the Township Manager or his designee, the Township Manager or his designee shall examine and inspect the area in question.
Notice and hearing.
If said violation or nuisance is found to exist, the Township Manager shall order the owner, operator or occupant to correct the condition or to remove and abate the nuisance by notice in writing which shall be served on the owner, operator or occupant in the manner set forth in § 59-3 of this Code. Said notice shall contain the following items:
A description of the property affected, sufficiently definite to identify the property.
A description of the nuisance or condition.
A statement that, unless the condition is corrected or the nuisance abated within 30 days after the service of such notice, the Township shall proceed to correct the condition or abate the nuisance.
A statement that said entity has the right to request a hearing within said thirty-day period, at which time he may present his case in the manner hereinafter specified.
A statement prescribing the manner in which the Township shall proceed with the correction or abatement.
The owner, operator or occupant may, within said 30 days, file with the Clerk of the Township of Evesham a demand in writing for a hearing, and the Township Manager of the Township of Evesham shall thereupon fix the time and place of said hearing. At the hearing, the entity shall show cause why such condition should not be corrected or the nuisance abated. The entity shall be heard in person or be represented by an attorney at law and may produce evidence in his behalf.
Correction. If no hearing is demanded and the condition is not corrected and the nuisance not abated within the aforementioned 30 days, the Township Manager shall determine whether to utilize Township personnel or to contract for the correction of the condition or the abatement of the nuisance. In the event that a hearing is requested and said hearing is held, the Township Manager of the Township of Evesham shall determine whether the condition exists in violation of this article or whether a nuisance exists and determine the manner of correction or abatement. Notice of said determination shall be given to the entity or the attorney at law who appeared on his behalf, together with the notice, if decided by the Township Manager, that unless the condition is corrected or the nuisance abated in the manner specified by the Township Manager within 10 days after the service of the notice of such determination, the Township shall proceed with the correction of the condition or the abatement of the nuisance in the manner specified and determined by the Township Manager.
Lien and collection. Whenever any such abatement or correction is undertaken and completed by the Township of Evesham, an accurate account of the costs and expenses therefor shall be prepared and maintained in accordance with the provisions of § 59-5 of this Code. Pursuant to N.J.S.A. 40:48-2.12f, the Township Council by resolution shall determine the amount of the costs and expenses which shall be charged against the premises, said amount to be a lien against the premises as provided in said statute and shall be collectible as provided in N.J.S.A. 40:48-2.12e. The collection remedy shall be in addition to the right to access a municipal lien against said premises.