[HISTORY: Adopted by the Board of Health
of the Borough of Pennington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-28-2008 by BOH 2008-1[1]]
[1]
Editor’s Note: This ordinance also superseded
former Ch. 136, Nuisances, comprised of former Art. I, Public Heath
Nuisance Code, adopted 2-7-1983 by Ord. No. 347, as amended, and former
Art. II, Additions to Public Health Nuisance Code, adopted 11-5-2001
by Ord. No. 2001-7.
The purpose of this article is to protect and
promote the public health through the control, abatement and prevention
of nuisances of a public health concern. Alleged infractions of the
provisions and standards set forth will be investigated by an enforcing
official in each case presented. Wherever there is a question as to
the significance of an alleged infraction or the factual existence
of an alleged infraction, the prudent judgment of the Health Officer
or other enforcing official will prevail in the determination of a
violation.
As used in this article, the following terms
shall have the meanings indicated:
To desert, ignore, and fail to maintain a property in a safe,
habitable condition.
The gathering together and increasing in amount over a period
of time.
The residue from the burning of wood, coal or other combustible
materials.
A potentially harmful object on or condition of the land
that, by its features, tends to lure children or others.
The Borough Board of Health of the Borough of Pennington.
The Borough of Pennington, County of Mercer, and State of
New Jersey.
As specified in the New Jersey Uniform Construction Code,
N.J.A.C. 5:23-1 et seq.
The New Jersey Uniform Construction Code of N.J.A.C. 5:23-1
et seq.
Any activity which is not a residential use or activity and
includes, but is not limited to, gasoline stations, retail sales,
professional activities including but not limited to medical, dental,
legal, architectural, accounting, etc., personal services including
real estate, insurance, barbershops, hairdressers, nail salons, etc.,
nurseries, landscaping businesses, farm stands, repair shops of all
kinds, and amusements including but not limited to movies, skating
rinks, bowling alleys etc., whether part of a shopping area or not
and any other nonresidential use or activity.
As defined in the Borough Zoning Ordinances[1] and/or is any tract of land on which or on part of which
commercial activity of any kind takes place.
A person engaged in any business or service, including construction,
repairing, refurbishing, remodeling or the demolition of buildings
or grounds within the Borough.
Any premises on which a structure has been erected or other
improvements have been made.
As specified in the New Jersey Uniform Construction Code,
N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations Governing
Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New Jersey State
Housing Code, N.J.A.C. 5:28-1 et seq., as may be the case.
Includes the Health Officer, Registered Environmental Health
Specialist, Animal Control Officer, Zoning Officer, Construction Official,
Fire Official or other official authorized by the Borough Board of
Health to enforce this article.
Any space located between property boundary lines of the
tax lot in question or the boundaries of any contiguous tax lots and
any structure on the property.
The control and elimination of insects, mice, rats and other
pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food; by poison spraying,
fumigating, and trapping or by any other approved pest elimination
methods.
The structure is maintained in such a manner that there is
no evidence of deterioration, or damaged or loose elements, and where
appropriate, is capable of preventing the elements (rain, snow, wind)
and rodents from entering the interior areas.
Wastes presenting a danger to health and safety by reason
of their pathological, explosive, radiological or toxic characteristics.
The presence, within or contiguous to a structure or premises,
of insects, mice, rats, vermin or other pests quantities large enough
to constitute health threat.
Those insects that have public health significance for disease
transmission, property damage, such as cockroaches, ticks, mosquitoes,
lice, bedbugs and termites, etc.
Defined by the Noise Control Act or N.J.S.A. 13:1G, Noise
Control Regulation N.J.A.C. 7:29 and the Model Noise Control Ordinance,
or Pennington Borough Noise Ordinance[2] and or any prohibitive activities in this article.
Any type of commercial, industrial or similar activity, whether
or not operating for a profit, occupying premises within the Borough
and creating solid waste in any form.
Any plant designated by a federal, state or county government
as injurious to public health, agriculture, recreation, wildlife or
property. A noxious weed may be native or nonnative, invasive or noninvasive,
and may also be commonly defined as a plant that grows out of place
and is competitive, persistent, and pernicious. Examples include but
are not limited to ragweed, poison ivy or oak, thistle, and multiflora
rose.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as may be the
case.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq.; New Jersey Uniform
Fire Code N.J.A.C. 5:70 et seq., as may be the case.
Includes an individual, firm, corporation, association, society,
partnership, and their agents or employees.
A house or building, together with its land and outbuilding.
Any matters, conditions or things that cause worry, solicitude,
or anxiety for the health, safety and welfare of the public due to
their dangerous or unsanitary nature.
A room equipped with toilet facilities unarguably intended
for public use in all public facilities and in establishments where
commercial activity takes place.
Any person occupying or maintaining a place of residence
within the Borough.
A dwelling unit, such as a home, condominium, trailer or
a multifamily dwelling of two or more units.
Those rodents that have public health significance for disease
transmission, property damage such as mice, rats, bats and other burrowing
rodents, etc.
Any trash, garbage, junk, rubbish, refuse, litter, debris
and other materials that when dumped, deposited, accumulated or abandoned
create conditions of public health concern. This term shall include
any animal or vegetable waste solids resulting from the handling,
preparation, cooking or consumption of foods; discarded material such
as glass, wood, yard debris, grass/brush clippings, stone, concrete,
plastic, ashes, cloth, rags, paper, metal, tires, street cleanings,
dead animals, manure, appliances, furniture, equipment, automobiles,
solid market wastes, construction materials, industrial wastes, chemical
wastes, recyclable materials and containers, and all discarded appliances.
Properly stored, are nonperishable materials stored for new
construction or other items intended to be used within 30 days and
are stored off the ground and maintained in such a manner that they
do not provide habitat for insects or rodents.
The runoff, discharge or drainage of water from any premises
or building which results in the accumulation of stagnant water. This
subsection shall not apply to water retention areas and or reservoirs
approved by the municipal engineer.
The growth, existence or presence of any noxious weeds of
any height, or the growth, existence or presence of any other weeds
or plant growth in excess of 10 inches. Weeds shall be defined as
all grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not include cultivated flowers,
landscaped areas and gardens.
A.Â
Any matter, thing, condition or act which after investigation
by the Health Officer or other enforcing official is deemed to be
injurious, detrimental or a menace to the public health or environment
or is deemed to be an annoyance or interfere with the comfort or well-being
of the inhabitants of the Borough is hereby declared to be a nuisance
and shall include but not be limited to the following:
(1)Â
Pollution or the existence of a condition or discharge
or release which causes or threatens pollution of any surface water
or subsurface water of the Borough.
(2)Â
The escape or entrance into open air/outdoor environment
from any stack, vent, chimney, process or from any fire of such quantities
and duration of smoke, fly ash, dust, fumes, vapors, mists, or gases
that tend to be injurious to human health or welfare, animal or plant
life or property, or would unreasonably interfere with the enjoyment
of life or property throughout the Borough.
(3)Â
The growth, existence or presence of ragweed, of 10
inches in height or greater, or in such a quantity so as to cause
damage or injury to adjacent properties or be a public health concern,
on any plot of land, lot, highway, street, sidewalk, right-of-way
or any other public or private place within 200 feet of an occupied
dwelling.
(4)Â
The growth, existence or presence of poison ivy, of
10 inches in height or greater, or in such a quantity so as to cause
damage or injury to adjacent properties or be a public health concern,
within 20 feet of an adjoining property line of an occupied residential
or commercial property, sidewalk or right-of-way.
(5)Â
The growth, existence or presence of any weeds or
noxious weeds, of 10 inches in height or greater, or in such a quantity
so as to cause damage or injury to adjacent properties or be a public
health concern, on any approved residential or commercial property
with the exception of approved state, county or local designated conservation
areas or other restricted use areas. Subdivision lots approved but
not issued a final certificate of occupancy are included.
(6)Â
All residential and commercial lawn areas are to be maintained and mowed and may not exceed 10 inches in height. Areas allowed to return to natural conditions must be approved by the Health Department per § 136-4 of this article.
(7)Â
The existence or presence of dead and dying trees
or limbs on any land within 50 feet of an adjoining dwelling or within
20 feet of an adjoining residential property line.
(8)Â
Any dead or dying tree that harbors insects or rodents.
(9)Â
The presence on any plot of land, highway, street,
right-of-way or any other public or private place of any solid waste,
but excluding usable materials properly stored. The practice of composting
shall not fall within the meaning of this subsection, provided that
such compost pile, mound or area is maintained on one's own private
property and is properly maintained so as not to present offensive
odors, the breeding or harborage of flies or other insects, rodents,
vermin or any other public health nuisance.
(10)Â
Depositing, dumping, accumulating, maintaining
or otherwise allowing any matter or thing which serves as food for
insects or rodents and to which they may have access or which serves
or constitutes a breeding place or harborage for insects, rodents
or pigeons of a public health significance in or on any land premises,
building or other place.
(11)Â
The existence or presence of any accumulation
of solid waste which may attract insects, rodents or other vermin
and to which insects, rodents or other vermin may have access, or
in which they may breed or dwell.
(12)Â
The existence or presence of any water or other
liquid in which mosquito eggs, larvae or pupae exist or of any condition
which allows water to lie, pond, stand or otherwise accumulate so
as to provide a breeding environment for mosquitoes. The meaning of
this subsection shall not apply to ponds where fish are adequately
maintained so as to preclude the breeding of mosquitoes. This section
shall not apply to fountains or swimming pools which maintain adequate
circulation to preclude the breeding of mosquitoes.
(13)Â
The keeping of any animal or animals in such
a manner as to cause or present a source of foulness, odors or breeding
of insects, rodents or other vermin.
(14)Â
The existence or maintenance of any condition
which may reasonably constitute a safety hazard, an attractive nuisance
or otherwise present a threat to the safety and well-being of the
inhabitants of the Borough or of the public at large, including but
not limited to the following:
(a)Â
Any vacant building which is not adequately
sealed, boarded up or otherwise secured so as to preclude the entry
of inquisitive minors or others. (See also, the New Jersey Fire Code.)
(b)Â
Any excavation, depression, hole, shaft, abandoned
or unused well which is of such depth or dimension so as to present
a hazard in terms of one falling into or being entrapped therein and
which has not been adequately fenced or sealed so as to prevent injury
or harm.
(c)Â
Any discarded refrigerator, cabinet, automobile
or other piece of equipment, machinery, device or material which may
offer or present an enclosure and a hazardous attraction to children
or others which has not been properly sealed or discarded.
(d)Â
Any dead or dying trees or limbs in such proximity
to a dwelling, building, street, sidewalk, pathway, right-of-way,
thoroughfare, driveway, park, playground or other frequented area
where the falling of the tree or part thereof would endanger life,
threaten injury or damage property.
(15)Â
The willful abandonment of any domestic animal
within the boundaries of the Borough.
(16)Â
Accumulation and storage of solid waste on any
private or commercial property unless properly contained or stacked
for disposal for 14 days or more.
(17)Â
Placement of solid wastes at curb for more than
five days prior to the scheduled pickup date. All items must be removed
after the fifth day if not collected due to weather or the fault of
the hauler. Nonpayment of contractor for these services is not an
acceptable reason for allowing items to remain.
(18)Â
Any sidewalk, walkways, driveway, parking spaces
or similar area containing cracks, potholes, or other defect which
creates a hazardous condition or which is obstructed by plant growth
or other natural or artificial barrier.
(19)Â
The runoff, sump pump discharge or drainage
of water from any premises or building which results in the accumulation
of ice, stagnant water or discharges on public roadways or onto an
adjoining property in an uncontrolled (via pipe or swale) manner without
permission of adjoining property owner. This subsection shall not
apply to water retention areas when properly maintained and cleaned
of silt and debris and or reservoirs approved by the Borough officials.
(20)Â
Public restrooms shall be kept in good repair;
all surfaces of fixtures, walls and floors are cleaned on a regular
schedule and must be provided with running hot and cold water of adequate
pressure per plumbing code. A supply of toilet paper, soap and hand
drying supplies or equipment shall be provided at all times. Hand
washing signs shall be posted.
(21)Â
Outdoor lighting fixtures that are not shielded and not constructed
to prevent illumination beyond the property on which they are installed,
including lights controlled by motion detectors, shall be turned off
between 10:00 p.m. and sunrise. Lighting shall be presumed to prevent
illumination beyond the property if it is shielded and directed downward
and no direct light is emitted above a plane extending outward from
the base of the light source parallel to the ground. Illumination
beyond the property between 10:00 p.m. and sunrise is prohibited.
[Added 2-6-2023 by Ord. No. 2023-5]
B.Â
It shall be unlawful for any person or persons to
commit, maintain or allow any nuisance, as declared and described
in this section.
A.Â
Whenever cultivated farmland is no longer actively
farmed and considered for development or conversion to preserved open
space, there is a tendency to allow these lands to convert back or
to go unmowed, to the extent that they are creating a public health
nuisance with such condition including wildlife harborage and nuisance
weeds problems for both adjoining residential lot owners and farmers.
Therefore, these lands are to be stabilized with appropriate vegetation,
pre-emergent weed control or mowed.
B.Â
In residential subdivisions, the owner, tenant or
occupant of lands may make an application to the Health Department
to allow land to revert back to its natural condition, but in such
a manner that will not allow for the establishment of noxious weeds
or rodent harborage. Reforesting with one-half to two-inch diameter
or larger assorted pines and hardwood trees is recommended. Wildflower
areas are to be maintained and mowed annually.
C.Â
The application will require submission of a survey
of the subject land.
D.Â
The plan must be consistent with recommendation of
the Horticulturist from Rutgers Cooperative Research and Extension
of Mercer County.
A.Â
It shall be unlawful for the owner of any building
to allow occupancy as a residence which is not in compliance the New
Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.; Regulations
for the Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1
et seq.; Regulations Governing Rooming and Boarding Houses, N.J.A.C.
5:27-1 et seq.; New Jersey State Housing Code, N.J.A.C. 5:28-1 et
seq., as may be the case.
B.Â
It shall be unlawful for the owner of any building
to allow occupancy as a business, commercial or industrial establishment
which is not in compliance with the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq. and/or where the New Jersey Department
of Labor and Industry or the United States Occupational Safety and
Health Act provides otherwise.
A.Â
All places and premises in this Borough shall be subject
to inspection by the Health Officer or other enforcing official if
that official has reason to believe that any section of this article
is being violated.
B.Â
It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Board of Health or other enforcing official
upon presentation of identification from having full access to any
place or premises upon which a violation of this code is believed
to exist. In the event that entry to any place or premises is denied
by any owner or tenant, the enforcing official shall obtain the appropriate
warrant for entry through the Municipal Court.
A.Â
Whenever a nuisance as declared by § 136-3 of this article is found on any plot of land, lot, right-of-way or any other premises or place, a violation shall be given to the owner, in writing, to remove or abate the same within such time as shall be specified therein but not less than five days from the date of service thereof. Notice to the owner of the violation and the time to abate, shall be deemed complete as of the date of the violation notice if served personally on the property owner. Notice to the owner of the violation and the time to abate shall be deemed complete three days after the date on the violation notice, if served by regular first class mail, or posted at or on the subject premises. If the owner resides out of state or cannot be notified speedily, such notices shall be left at the place or premises with the tenant or occupant or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant. Notice to the owner, tenant or occupant of the violation and the time to abate shall be deemed complete as of the date of the violation notice, if served personally on the tenant or occupant. Notice of the violation and the time to abate shall be deemed complete three days after the date on the violation notice, if served by regular first class mail, or posted at or on the subject premises.
B.Â
Whenever a nuisance as declared by § 136-3 of this article is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge to remove or abate the same within such time as shall be specified therein.
C.Â
The cost of abatement shall be borne by the property
owner.
D.Â
If such person fails to comply with such notice within
the time specified therein, the Health Officer or other enforcing
official may remove, abate or cause the cleanup of the nuisance in
the manner as hereinafter provided.
Whenever the owner, tenant or occupant notified
has not complied with the notice as specified and the nuisance has
not been abated or removed under the direction of the Health Officer
or other enforcing official, any cost or expense incurred for abating
or removing or causing to be abated or removed the nuisance or condition
may be recovered in the following manner:
A.Â
Such costs and expenses shall be certified to the
Tax Assessor and shall become part of the taxes next assessed against
the premises upon which the nuisance or condition was located;
B.Â
Where it is not possible or practical to proceed under Subsection A, the cost or expense shall be recovered in an action at law in any court of competent jurisdiction;
C.Â
Regardless of how costs are actually recovered, they
shall be in addition to and shall not affect the imposition of any
penalties for the violation of this article.
The provisions of this article shall be enforced
by the Health Officer or other enforcing officials as defined herein.
Enforcement shall be in the municipal court having jurisdiction over
proceedings to enforce and collect any penalty imposed because of
a violation of any provision of this article. The proceedings shall
be summary and in accordance with the Penalty Enforcement Law (N.J.S.A.
2A:58-1 et seq.[1]). Process shall be in the nature of a summons or warrant
and shall be issued by those authorized by the local Board of Health.
[1]
Editor's Note: N.J.S.A. 2A:58-1 through 2A:58-9
were repealed by L. 1999, c. 274, § 4. See now N.J.S.A.
2A:58-10 et seq.
A.Â
Maximum penalty. Any person who shall violate any
provision of this article shall, upon conviction thereof, be punishable
by one or more of the following: a fine not exceeding $2,000 or imprisonment
for a period not exceeding 90 days or to a period of community service
not exceeding 90 days at the discretion of the Judge of the Municipal
Court.
B.Â
Separate violations. Except as otherwise provided,
every day in which a violation of any provision of this article or
any other ordinance of the Borough exists shall constitute a separate
violation.
C.Â
Application. The maximum penalty stated in this section
is not intended to state an appropriate penalty for every violation.
Any lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case or violation.
D.Â
Minimum penalty. The Borough Committee may prescribe
that, for the violation of any particular code provision or ordinance,
at least a minimum penalty shall be imposed which shall consist of
a fine which may be fixed at an amount not exceeding $100.
[Adopted 12-4-2017 by Ord. No. 2017-19]
As used in this article, the following terms shall have the
meanings indicated:
Defined as set forth in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., which provides:
Except as provided in N.J.S.A. 55:19-83, any property that has
not been legally occupied for a period of six months and which meets
any one of the following additional criteria may be deemed to be abandoned
property upon a determination by the public officer that:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of determination by the public officer pursuant to this article;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of New Jersey Statutes as of the date of a determination by the
public officer pursuant to this article; or
The property has been determined to be a nuisance by the public
officer in accordance with the standards set forth at N.J.S.A. 55:19-82.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq. so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A(1) or (4) of this definition.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
Property determined to be abandoned property as defined herein
and in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78
et seq., shall also be deemed to be vacant property.
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51, or any other
entity determined by the Borough of Pennington to have authority to
act with respect to the property.
In addition to any property determined to be an abandoned
property, any building used or to be used as a residence which is
not legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months. Any
property that contains all building systems in working order, is being
maintained on a regular basis, has not been cited by the Borough for
any violation of municipal ordinance within such time and is being
actively marketed by its owner for sale or rental shall not be deemed
vacant.
A.Â
The owner of any vacant property as defined herein shall, within three days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Borough Construction Code Official on forms provided by that office for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in Chapter 98 of the Borough Code for each vacant property registered.
B.Â
Any owner of a building that meets the definition of a vacant property
prior to the effective date of this article shall file a registration
statement for that property on or before 30 days from the effective
date of this article. The registration statement shall include the
information required under this article as well as any additional
information that the Construction Code Official may reasonably require.
C.Â
The owner shall notify the Construction Code Official within 30 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Construction Code
Official for such purpose.
D.Â
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough of Pennington against
the owner or owners of the building.
The registration statement shall include the name, street address,
email address and telephone number of a natural person 21 years of
age or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding,
on behalf of such owner or owners in connection with the enforcement
of any applicable code. The designated agent must have a contact number
that will be available 24 hours per day on an emergency basis. The
statement shall also include the name of the person responsible for
maintaining and securing the property, if different from the designated
agent. An owner who is a natural person and who meets the requirements
of this article as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
By designating an authorized agent, the owner consents to receive
any and all notices of code violations concerning the registered vacant
property and all process in any court proceeding or administrative
enforcement proceeding brought to enforce code provisions concerning
the registered building by service of the notice or process on the
authorized agent. Any owner who has designated an authorized agent
under the provisions of this article shall be deemed to consent to
the continuation of the agent's designation for the purpose of this
article until the owner notifies the Borough of Pennington of a change
of the authorized agent or until the owner files a new annual registration
statement. The designation of an authorized agent in no way releases
the owner from any requirement of this article.
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Construction Code Official if requested, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. If an inspection is required of the interior of the property due to complaints or other cause, the fee for such inspection shall be the same as that for a certificate of occupancy inspection as provided in Chapter 98 of the Borough Code.
The registration fee for each building, initially and annually, is set forth in Chapter 98 of the Borough Code.
The owner of any building that has become vacant as defined
herein, and any person maintaining, operating or collecting rent for
any such building that has become vacant, shall, immediately:
A.Â
Post a sign affixed to the inside of the building indicating the
name, street address, email address and telephone number of the owner,
the owner's authorized agent for the purpose of service of process,
and the person responsible for the day-to-day supervision and management
of the building, if such person is different from the owner holding
title or authorized agent. The sign shall be of a size and placed
in such a location so as to be legible from the nearest public street
or sidewalk, whichever is nearer, but shall be no smaller than 15
inches by 17 inches;
B.Â
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough Code, and maintain the sign required in Subsection A above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete;
C.Â
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Borough Code;
D.Â
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property;
E.Â
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of waterlines;
F.Â
Make provision for the cessation of electric or gas utility services
to the property; and
G.Â
Make provision for the regular maintenance of the exterior of the
property.
A.Â
Any owner who is not in full compliance with this article or who
otherwise violates any provision of this article or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than $500 and not more than $1,000 for each offense. Every day that
a violation continues shall constitute a separate and distinct offense.
Fines assessed under this article shall be recoverable from the owner
and shall be a lien on the property.
B.Â
For purposes of this article, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 136-17, or such other matters as may be established by the rules and regulations of the Borough shall be deemed to be in violation of this article.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
