A.
As used in this chapter, all of the definitions contained in § 160-5 of this Code are incorporated by reference.
B.
COMMERCIAL PREMISES
MULTIFAMILY DWELLING
NUISANCE
(1)
(2)
OCCUPANT
OPERATOR
OWNER
SHOPPING CENTER
In addition, the following terms shall have the meanings
indicated:
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.
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.
Any common law nuisance or as provided by the
laws of the State of New Jersey or ordinances of the Township of Evesham.
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.
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."[1] 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.
A.
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.
B.
Notice and hearing.
(1)
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.[1] Said notice shall contain the following items:
(a)
A description of the property affected, sufficiently
definite to identify the property.
(b)
A description of the nuisance or condition.
(c)
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.
(d)
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.
(e)
A statement prescribing the manner in which
the Township shall proceed with the correction or abatement.
(2)
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.
C.
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.
D.
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.[2] 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.
