Township of Willingboro, NJ Property Maintenance Standards

Findings. It is hereby found and declared that there exist in the Township of Willingboro structures used for residential and nonresidential use which are, or may become in the future, substandard with respect to structure, equipment or maintenance, or, further, that the conditions, including but not limited to structural deterioration, lack of maintenance and appearance of exterior of premises, infestation, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards and insanitary conditions, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Township of Willingboro. It is further found and declared that, by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums, and that, if the same are not curtailed and removed, the conditions stated in this section will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that, by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced, and the public health, safety and welfare protected and fostered.

Purpose. The purpose of this code is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for the violations of this code; to provide for the right of access across the adjoining premises to permit repairs; and to provide for the repair, maintenance and abatement of nuisances on premises by the Township of Willingboro. This code is hereby declared to be remedial and essential for the public interest, and it is intended that this code be liberally construed to effectuate the purposes as stated herein.

§ 272-6 Definitions; word usage.

The following terms, wherever used herein or referred to in this code, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context. Whenever the terms "accessory structure," "building," "dwelling," "premises" and "structure" are used in this code, they shall be construed, unless expressly stated to the contrary, to include the plurals of these terms and as if they were followed by the words "or any part thereof." The term "shall" shall be applied retroactively as well as prospectively.

ACCESSORY STRUCTURE

A structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.

BASEMENT or CELLAR

Any floor, any portion of which is more than 24 inches below the adjacent grade level.

BUILDING

A combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business or storage purposes.

DETERIORATION

The condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.

DWELLING

Any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant, except that the foregoing shall not apply to hotels as defined in N.J.S.A. 29:2-1.

ENFORCEMENT OFFICERS

All officials, officers or employees entrusted with the enforcement of the provisions of this code.

EXPOSED TO PUBLIC VIEW

Any premises or any part thereof or any building or any part thereof which may be lawfully viewed by the public or any member thereof, from a sidewalk, street, alleyway, licensed open-air parking lot or from any adjoining or neighboring premises.

EXTERIOR OF THE PREMISES

The portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.

FIRE HAZARD

See also "garbage" and "refuse."

Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, grass, bedding, crockery, and similar materials.

STRUCTURE

A combination of any materials, whether fixed or portable, forming a construction, including buildings.

TOWNSHIP MANAGER

The Township Manager of the Township of Willingboro and any other officials that the Township Manager may designate to act in the Township Manager's behalf.

VENTILATION

Supply and removal of air to and from any space by natural or mechanical means.

WEATHERING

Deterioration, decay or damage caused by exposure to the elements.

§ 272-7 Applicability; effect on other provisions.

In general. This article shall be applicable to all buildings, every residential and nonresidential building and the premises on which it is situated in the Township, used or intended to be used for dwelling, commercial, business or industrial occupancy, which buildings shall comply with the provisions of this code, whether or not the building shall have been constructed, altered or repaired before or after the enactment of this code. This code establishes minimum standards for the initial and continued occupancy and use of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Subsection B of this section.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Higher standard to prevail in case of conflict. In any case where the provisions of this code impose a higher standard than set forth in any other ordinances of the Township or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provision of this code imposes a lower standard than any other ordinances of the Township or of the laws of the State of New Jersey, then the higher standard contained in any other ordinance or law shall prevail.

Issuance and renewal of other permits and licenses. All licenses and permits shall be issued upon compliance with this code, as well as compliance with the ordinances under which the licenses and permits are granted.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Enforcement of and compliance with other ordinances. No license or permit or other certification of compliance with this code shall constitute a defense against any violation of any other ordinance of the Township applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any other provision, nor any official of the Township from enforcing any other provision.

§ 272-8 Independent responsibilities of owner, operator and occupant.

Owner and operator. Owners and operators shall have all duties and responsibilities as prescribed in this code and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any 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.

Occupant. Occupants shall have all the duties and responsibilities as prescribed in § 272-10 and all the regulations promulgated thereto, and the occupant shall not be relieved from any 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.

Contract not to alter responsibilities. Unless expressly provided to the contrary in this code, 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 an agreement or contract by and between any of them or between them and other parties.

§ 272-9 Duties and responsibilities of owner and operator.

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 insanitary 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 enumerations and provisions in the following subsections:

(1)

Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.

(2)

Natural growth: dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent those conditions.

(3)

Overhangings: loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof. Further, all vegetative growth which is or would normally grow to a height greater than 18 inches shall not be permitted by the owner or operator of the premises to be planted within 18 inches or to grow within six inches of an imaginary line extending vertically for 78 inches from the border of any paved sidewalk or, where there is no sidewalk or street, within an area of 78 inches as measured vertically from the surface of the sidewalk or street.

(4)

Ground surface hazards of insanitary conditions: holes; excavations; breaks; projections; obstructions; icy conditions; uncleared snow; and excretion 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. All holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or insanitary conditions with reasonable dispatch upon their discovery.

(5)

Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained in accordance with the ordinances of the Township of Willingboro to eliminate any recurrent or excessive accumulation of stormwater.

(6)

Sources of infestation. Every owner and operator shall be responsible for the elimination of infestation in and on the premises subject to the owner's and operator's control.

(7)

Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.

(8)

Chimneys and all flue and vent attachments thereto. 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, smoketight, and capable of withstanding the action of flue gases.

(9)

Exterior raised porches, landings, balconies, stairs and fire escapes. Exterior raised 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.

(10)

Appearance of exterior of premises and structures. The exterior of the premises, the exterior of structures, and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of that particular area and so that the appearance of the premises and structures shall not constitute a depressing factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the particular area with the accompanying diminution of property values.

(11)

Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under Chapter 370, Zoning, for the premises.

(12)

Landscaping. The landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where that would constitute a blighting effect, depreciating any adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.

(13)

Reconstruction of walls and sidings. All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front, so that the materials used will not be of a kind that, by their appearance, under prevailing appraisal practices and standards, will depreciate the value of neighboring and adjoining premises as stated.

(14)

General maintenance of all structures and accessory structures. The exterior of every structure or accessory structure (including fences) shall be maintained in good repair, and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick or excessive peeling paint, 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.

(15)

Yard parking. No person shall park, stop or stand any motor vehicle or trailer of any type or permit or suffer the same to be done in any yard area of any premises, except on driveway and parking areas, constructed and maintained in accordance with the provisions of § 370-76 of the Code of the Township of Willingboro.

[Amended 4-20-2021 by Ord. No. 2021-7]

(16)

Awnings and marquees. Any awning or marquee and its accompanying structural members which extends 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 the 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 awnings or marquees are made of cloth, plastic or of similar materials, the 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.

(17)

Structural soundness and general maintenance, exterior. Every structure and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair and free from defects.

(18)

Exterior walls, sidings and roofs. Exterior walls, sidings and roofs shall be kept structurally sound, in good repair and free from defects.

(19)

Painting and other protective coating. All exposed surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating sufficient to prevent deterioration.

(20)

Weathertightness and watertightness. Every structure shall be so maintained as to be weathertight and watertight.

(21)

Exterior walls, roofs, etc. Exterior walls, roofs, windows, window frames, doors, door frames, foundations and other parts of the structure shall be so maintained as to keep water from entering the structure and to prevent excessive drafts. Damaged materials must be repaired or replaced promptly; places showing signs of rot, leakage, deterioration or corrosion are to be restored and protected against weathering or seepage.

(22)

Basements and cellars. Basements, cellars and crawl spaces are to be free of moisture resulting from seepage, and cross-ventilation shall be required where necessary to prevent accumulations of moisture and dampness.

(23)

Freedom of infestation. All parts of the premises shall be maintained so as to prevent infestation.

(24)

General sanitation and safety. All parts of the structure shall be kept in a clean and sanitary condition, free of nuisances and free from health, safety and fire hazards.

(25)

Freedom of accumulations and obstructions. No accumulation or obstruction from garbage, refuse, rubbish or storage of unused items shall be permitted on stairways, areaways, balconies, porches, hallways, basements or cellars.

[Amended 4-20-2021 by Ord. No. 2021-8]

(26)

Maintenance of property in accordance with approved site plan. Any property which has been the subject of a site plan review and approval shall be maintained and operated in accordance with the approved site plan, specifically including the parking and landscaping as provided on the approved site plan. In the event that any of the landscaping shall die, it shall be replaced not later than the next growing season. The replacement landscaping shall be of the same type as designated on the approved site plan and shall be of a size substantially the same as the surrounding landscaping.

§ 272-10 Duties and responsibilities of occupants.

Cleanliness and sanitation. All parts of the premises under the control of the occupant or operator shall be kept in a clean and sanitary condition, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or insanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition.

Landscaping. The landscaping of premises shall be maintained in an orderly state, with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where that would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions. To this end, the owner or occupant of the premises, where appropriate, shall reseed, sod, plant another vegetative covering or otherwise utilize a landscaping material as necessary to preclude yard areas of more than six square feet from deteriorating to or existing in a barren condition.

Ground surface hazards, insanitary conditions, unregistered vehicles and/or vehicles without current license plates.

(1)

It shall be the duty of the occupant to keep the premises free of holes, excavations, uncleared snow, and excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises.

(2)

All holes and excavations shall be filled and repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions, with reasonable dispatch upon their discovery.

(3)

It shall also be the duty of the occupant to remove any motor vehicle which is unregistered and/or without current license tags or plates from the premises, unless same is properly stored in a closed garage, or, in the case of nonresidential premises, the motor vehicle is being currently serviced or repaired by a garage person in order to meet inspection requirements of the Division of Motor Vehicles of the State of New Jersey.

(4)

No person shall park or permit to be parked any motor vehicle on any street or public or private property in the Township for a period of more than 72 hours, unless the motor vehicle is operable and in condition for safe and effective performance of the function for which it is intended, unless the motor vehicle is properly stored in a closed garage or, in the case of nonresidential premises, a motor vehicle garage or service station in order to make the motor vehicle operable and in condition for safe and effective performance of the function for which it is intended.

Eliminating infestation. Every occupant of a premises shall be responsible for the elimination of infestation in the premises and on the premises.

Malicious damage. Every occupant shall be responsible for willfully or maliciously causing damage to any part of the premises.

§ 272-11 Refuse storage and disposal.

In general. No person shall accumulate or permit, suffer or allow the accumulation, in any premises owned, operated, occupied or controlled by such person, of any refuse, garbage, rubbish and waste material for a time longer than the period from one collection day to the next ensuing collection day. The refuse, garbage, rubbish, or waste material shall either be removed by the Township in accordance with regulations made and provided or by an authorized collector.

Nonresidential premises.

(1)

Every owner, operator and occupant of any nonresidential premises shall be responsible for providing suitable containers consisting of waterproofed receptacles, cans or barrels made of a substantial material such as galvanized iron, with a tight-fitting cover of metal, so constructed as to prevent spillage or leakage of its contents which, when full, shall not weigh over 65 pounds (unless the container is to be mechanically raised), for the receiving and holding of garbage, rubbish, refuse, or waste materials.

(2)

Every owner, operator and occupant of nonresidential premises shall be responsible for providing containers, as described in Subsection B(1) of this section, sufficient in number to hold all garbage, rubbish, refuse, and waste material in the manner prescribed, from one collection period to the next actual collection. Garbage, rubbish, refuse, and waste materials shall be placed in the containers prior to the time fixed for collections.

(3)

Every owner, operator and occupant of nonresidential premises shall be responsible for making necessary arrangements for weekly collection of garbage, rubbish, refuse, and waste material between the hours of 6:00 a.m. and 8:00 p.m., prevailing time, only.

Residential premises.

(1)

Every owner, operator and occupant of residential premises shall be responsible for providing suitable containers consisting of waterproofed receptacles, cans or barrels made of a substantial material such as galvanized iron, with a tight-fitting cover of metal, so constructed as to prevent spillage or leakage of its contents which, when full, shall not weigh more than 30 pounds, for the receiving and holding of garbage, rubbish, refuse, and waste materials, subject to provisions of Subsection C(4) of this section.

(2)

Every owner, operator and occupant of residential premises shall be responsible for providing containers as described in Subsection C(1) of this section sufficient in number to hold all garbage, rubbish, refuse, and waste material, in the manner prescribed, from one collection to the next actual collection. The garbage, rubbish, refuse and waste material shall be placed in the containers prior to the time fixed for collection.

(3)

Every owner, operator and occupant of residential premises shall place the containers one to two feet behind the curb in front of the premises, no earlier than 8:00 p.m., prevailing time, of the day preceding the nearest collection day.

(4)

Discarded newspapers, magazines, and the like may be placed in securely tied bundles in close proximity to the location of the containers for collection. Bulky items comprised of waste materials classified as garbage, paper, rubbish or ashes as defined in § 314-1 of the Code of the Township of Willingboro must be disassembled by the owner, operator and occupant of the premises into not more than three-foot lengths, tied securely and placed in close proximity to the containers for collection.

§ 272-12 Administration and enforcement.

Township Manager to supervise administration of inspections, regulations, enforcements and hearings on violations. The Township Manager is hereby designated to supervise and direct all inspections, regulations, enforcements and hearings on violations of the provisions of this code, unless expressly stated to the contrary. Other public officials or employees of the Township may be designated by ordinance or the Township Manager to perform duties as may be necessary to the enforcement of this code, including the making of inspections and holding of hearings.

When inspections are to be made. All buildings and premises subject to this code are subject to inspections from time to time by the enforcing officer of the Township. At the time of the inspections, parts of the premises must be available and accessible for the inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate the inspections.

Identification and conduct of inspectors. Enforcement officials and officers shall be supplied with official identification and, upon request, shall exhibit the identification when entering any structure or any part of any premises subject to this code. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.

Where entry by enforcing officials is refused. Where the enforcing official or the official's agent is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, the person shall be in violation of this code and subject to the penalties hereunder.

Search warrant or access warrant. In addition to the provisions of Subsection D of this section, enforcing officials may, upon affidavit, apply to the Judge of the Township of Willingboro 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 code exists on the premises, and if the Judge is satisfied as to the matter set forth in the affidavit, the Judge 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.

Procedure where violation discovered. Where a violation of this code or the regulations hereunder is found to exist, a written notice from the enforcing official shall be served on the person or persons responsible for the correction thereof.

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 correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection I of this section. The notice shall also advise the recipient that if the violation is not corrected or abated, the municipality may do same, the cost of which shall become a lien on the subject property.

Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. In case the premises are occupied, notice may be accomplished by posting upon the front door of the structure. Where it is ascertained 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, service may be accomplished by mailing the notice with postage prepaid to the mortgagee, if there be one, and by posting the notice on the front door of the premises and printing the notice in the legal advertising media at least one time. The enforcing officer 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 the other address is filed with the enforcing officer personally or by certified mail addressed to the enforcing officer. Service upon any owner, operator or occupant may also be attained by service of any notice upon a member of the family, over 14 years old, of the owner, operator or occupant. Date of service of the notice shall be determined where service is by mail as of the day following the day of mailing of notices to addresses within the Township, and as of the third day after the day of mailing for notices to addresses outside the Township. Where the day of service would fall upon a Sunday or other day where mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.

Notice to become an order unless hearing requested. Within 10 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 and serves a written request within the ten-day period in person or by mail on the Township Manager. The 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 Township Manager, 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.

Determination at hearing. At any hearing provided hereunder, the Township Manager 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 subpoenas; to require by subpoena the production of books, records or other documents at any hearing which may be pertinent to matters to be determined by the Township Manager; and to enforce any subpoena or secure any order for the enforcement of any subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The Township Manager shall issue an order either incorporating the determinations and directions contained in the notice, modifying the notice or withdrawing of the notice.

Extensions of time. The Township Manager 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.

Summary abatement in emergency; notice and hearing not required. Where the violation or condition existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Township Manager may either abate the violation or condition immediately or order the owner, operator or occupant to correct 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 Township Manager shall abate the condition immediately thereafter.

Cost of any abatement to be a lien against premises. Where abatement of any nuisance, as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition as to conform to municipal ordinances or state law applicable thereto requires expending Township monies therefor, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Township Manager, with an estimate of the cost thereof, along with a summary of the proceedings undertaken by the enforcing officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, and hearing and orders of the Township Manager. The Township Manager may thereupon order the abatement of the nuisance, correction of the defect of work necessary to place the premises in proper condition and in compliance with ordinances of the Township and laws of the state. The enforcing officer may thereafter proceed to have the work performed in accordance with the order at Township expense, not to exceed the amount specified in the order, and shall, upon completion thereof, submit a report of the monies expended and costs to the Township Manager. After review of the same, the Township Council may approve the expenses and costs, whereupon the same shall become a lien against the premises collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township, who shall be responsible for the collection thereof, and a copy of this resolution shall be sent by certified mail to the owner.

Extension of time where dispossess action undertaken. Where there exists a violation of this code, an owner or operator, upon receipt of a notice of violation, if unable to eliminate the violation by peaceable means within the period of time specified in the notice, shall commence within that period legal action to dispossess, evict or eject the occupants who cause the violation. No further action hereunder shall then be taken against the owner or operator so long as the action is pending in the court and is prosecuted expeditiously and in good faith.

Where notice and hearing not required prior to court proceedings.

(1)

A violation of §§ 272-9A(4) and 272-10C may be prosecuted without notice, notwithstanding the requirements of Subsections F through J of this section, by the filing of a complaint by the enforcing officer in the Municipal Court.

(2)

No notice shall be required on the enforcement of §§ 272-9A(4) and 272-10C hereof as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where the snow or ice remains uncleared within 24 hours after the termination of the snowfall.

(3)

Where the Township Manager after hearing shall determine that there was a violation and a notice was served upon the owner, operator or occupant, whether or not the 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 code discovered on the same premises, the offender may be prosecuted on the second violation without the enforcing officer first giving notice and opportunity for a hearing to the owner, operator, or occupant by the filing of a complaint by the enforcing officer in the Municipal Court. Where the Township Manager 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 the same sections or of any other sections of this code, the Township Manager may thereupon prosecute the offender by filing a complaint in the Municipal Court for the third or subsequent violation occurring within the period of one year without first providing notice and opportunity for a hearing by the Township Manager.

Effect of notice on owner. For the purposes of enforcement of this code, 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 violations are abated in conformity with this code and the other applicable ordinances of the Township of Willingboro.

§ 272-13 Violations and penalties.

Fines for violations. A violation of any section or subsection of this code shall be subject, upon conviction, to a penalty as prescribed in Chapter 1, Article II, General Penalty, of the Code of the Township of Willingboro.

Meaning of the term "each violation." Each violation of a section or subsection of this code shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this code. Each day's failure to comply with any section or subsection shall constitute a separate violation.

Minimum penalty for second violation. Where an owner, operator or occupant has been convicted of a violation of this code, and within 12 months thereafter has been found by the Judge of Municipal Court to be guilty of a second violation, the Court shall impose a fine in accordance with the general penalty in Chapter 1, Article II.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Application to officers or agents. Where the defendant is other than a natural person or persons, Subsections B and C of this section shall also apply to any agent, superintendent, officer, member or partner who shall, alone or with others, have charge, care or control of the premises.

Fine as lien. In the event of the imposing of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, operator or lessor of any building or structure in the Township required to be registered for violation of any Township ordinance or any state law applicable to the Township, the fine or penalty shall be collectible as a lien against the premises, in addition to any other remedies now provided by law.

§ 272-14 Existing offenses and violations not discharged.

The repeal of any provisions of any other ordinances by this code shall not affect any action for prosecution or abatement under any ordinance or any notice, complaint or order issued by any officer or agency of the Township prior to the effective date of the adoption of this code 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.

§ 272-15 Rules and regulations.

The Township Manager is hereby authorized and empowered to promulgate written rules and regulations for the interpretation and administration of the provisions of this code, provided that the rules and regulations do not conflict with this code and conform to the general standards prescribed by this code. The Township Manager shall file copies of the rules and regulations with the Township Clerk, which shall be available during regular business hours. The rules and regulations shall have the same force and effect as the provisions of this code, and the violations thereof shall be enforced as violations of the express provisions of this code, as herein provided.

§ 272-16 Inspections; status reports.

Application for inspection. Whenever an owner, operator, occupant, prospective purchaser, mortgagee or prospective occupant shall apply to the enforcing officer for an inspection in order to ascertain if any section of this code has been violated, the enforcing officer shall, upon payment of the fee hereunder stated, cause an inspection to be made of the premises and issue an informational certificate or report of the inspections to the applicant, indicating therein any violations of this code on the premises. The applicant for the inspection shall state in writing the applicant's full name, residence and the reasons and basis for which the inspection is requested. The enforcing officer may deny the application for failure to comply with this requirement.

Application for status report. Where, in lieu of an inspection, an owner, operator, occupant, lessee, prospective purchaser, mortgagee or prospective occupant requests a status report as to whether or not there are any known violations presently pending on the premises, upon payment of the fee prescribed herein, a copy of any notice or order on any violation then pending shall be sent to the applicant.

Significance and scope of inspection or status report. No inspection report issued under Subsection A of this section or status report under Subsection B of this section shall be construed as providing a defense against any violation of this code or any other ordinance of the Township which may be discovered thereafter, whether or not the condition or violation existed at the time of any such inspection or status report. The inspection or status report is provided as a convenience to the public and shall not constitute a limitation on the full enforcement of this code. The inspection or status report shall include only those matters as are embraced in this code.

Inspection and status report fees. The fee for any inspection made under Subsection A of this section and the fee for any status report under Subsection B of this section shall be as provided in § 150-14 of the Code of the Township of Willingboro.