[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown
by Ord. No. 1983-3 (Chapter XVII of the Revised General Ordinances); amended
in its entirety 9-8-1998 by Ord. No. 1998-7. Subsequent amendments noted where
applicable.]
In accordance with the provisions of N.J.S.A. 40:49-5.1 and N.J.S.A.
26:3-69.1 et seq., the BOCA National Property Maintenance Code, Fifth Edition,
1996 and all periodic updates is hereby accepted, adopted and established
as the standard to be used as a guide in determining whether commercial and
residential buildings and structures in this borough are safe, sanitary and
fit for human habitation and rental. A copy of the BOCA Basic Property Maintenance
Code, Fifth Edition, 1996 and all periodic updates is hereby adopted by reference
subject to the amendments as set forth herein.
A copy of the BOCA National Property Maintenance Code, Fifth Edition,
1996 has been placed on file in the office of the Borough Clerk and will remain
on file there for use and examination by members of the public requesting
same.
No person shall occupy as owner or occupant or rent to another for occupancy
any commercial or residential building or structure which does not conform
to the provisions of the code established herein as the standard to be used
in determining whether a commercial or residential building or structure is
safe, sanitary and fit for human habitation and use.
The BOCA National Property Maintenance Code, Fifth Edition, 1996 as
adopted herein is amended as follows:
A.
Paragraph PM-101.1 Title, is amended to read as follows:
These regulations shall be known as the "Property Maintenance Code of the
Borough of Wrightstown," hereinafter referred to as "this code."
B.
All references in the code to "existing structures" (PM-101.2
et seq.) shall mean all commercial and residential buildings and structures
presently existing, as well as commercial and residential buildings and structures
erected or constructed in the future which, after construction, shall be subject
to the provisions of the code, whether such buildings or structures are occupied
or vacant.
C.
Paragraph PM-105.1 General, is amended to read as follows:
The Property Maintenance Code Official shall enforce all of the provisions
of this code. All references in this code to the "Code Official" shall mean
the Property Maintenance Code Official.
D.
All references to the "jurisdiction" or "municipality"
shall mean the Borough of Wrightstown, County of Burlington, State of New
Jersey, and all references to the "Chief Authority of the jurisdiction" shall
mean the Mayor of the Borough of Wrightstown.
E.
Paragraph PM-106.2 Penalty, is amended to read as follows:
Any person who shall violate a provision of this code shall, upon conviction
thereof, be subject to a fine of not less than $25 nor more than $1,000 at
the discretion of the Municipal Court Judge. Each day that a violation continues
after due notice has been served shall be deemed a separate and district violation.
F.
All references to an "Appeals Board" shall mean the Borough
Council of the Borough of Wrightstown.
G.
Section PM-111.0 Means of Appeal, is hereby deleted and
a new section PM-111.0 Means of Appeal shall be inserted as follows:
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SECTION PM-111.0 MEANS OF APPEAL
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(1)
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Hearing. Any person affected by any notice which has been issued in
connection with the enforcement of any provision of this code or of any rules
or regulations adopted pursuant thereto may request and shall be granted a
hearing on the matter before the Borough Council, provided such person shall
file in the office of the Borough Clerk a written petition requesting such
hearing and setting forth a brief statement of the grounds therefor within
10 days after the day notice was served. Upon receipt of such petition, the
Borough Clerk shall set a time and place for such hearing and shall give the
petitioner written notice thereof. At such hearing 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 Borough Clerk may postpone the date of the hearing for
a reasonable time beyond such ten-day period if, in his/her judgment, the
petitioner has submitted sufficient reasons for such postponement.
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(2)
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Decision by Borough Council. After such hearing, the Borough Council
shall sustain, modify or withdraw the notice, depending upon the finding as
whether the provisions of this code and the rules and regulations adopted
pursuant thereto have been complied with. If the Borough Council sustains
or modifies such notice, it shall be deemed to be an order. Any notice served
pursuant to this chapter shall automatically become an order if a written
petition for a hearing is not filed in the Office of the Borough Clerk within
10 days after such notice is served. If the Borough Council takes no action
or makes no decision within 30 days of the filing of a petition for a hearing,
the decision or action of the Property Maintenance Code Official shall be
deemed to be affirmed.
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(3)
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Proceeding to the matter of public record. The proceedings at such hearing,
including the findings and decision of the Borough Council, shall be summarized,
reduced to writing, and entered as a matter of public record in the office
of the Borough Clerk. Such record shall also include a copy of every notice
or order issued in connection with the matter.
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(4)
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Appeal. Any person aggrieved by the decision of the Borough Council
may seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state.
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(5)
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Notwithstanding the above, any person aggrieved by an order issued by
the Property Maintenance Code Official pursuant to this chapter may, within
30 days after the posting and service of the order, avail himself of such
remedies as are set forth in N.J.S.A. 40:48-2.8.
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