These regulations shall be known as the "Property Maintenance Regulations of the Borough of Paulsboro," hereinafter referred to as "this code." IPMC Section 101.1.
A. 
Scope. The provisions of the Borough's Property Maintenance Code shall apply to all existing residential and nonresidential structures and all existing premises and properties within the Borough and constitute minimum requirements and standards for said premises and properties; the responsibility of the owners, as owners authorized agent, operators and occupants; and for administration, enforcement and penalties. IPMC Section 101.2.
B. 
Purpose. This chapter applies primarily to the exterior property and exterior of buildings that present hazardous, unsafe, unsanitary, blighting or nuisance conditions. This chapter attempts to address the deficiencies of the prior ordinance in responding to the complaints of local residents who find their neighborhood threatened by properties that are dangerous, may provide rodent harborage, negatively affect the quality of life of the residents, and have not been cared for by the owner. These conditions would typically result from long-standing intentional neglect by landlords and/or property owners. This code establishes minimum standards to protect the health, safety and welfare of the residential and business community through delineation of the conditions that create a public nuisance.
C. 
Intent. This code shall be construed to secure its express intent, which is to ensure public health, safety and welfare insofar as they're affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. IPMC Section 101.3.
The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction of its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary. IPMC Section 102.4.
All repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner. IPMC Section 102.5.
Any repairs, additions or alterations to a structure, or changes in occupancy shall be done in accordance with the procedures and provisions pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23 et seq.
This code has been adopted by the Borough of Paulsboro through Ordinance 06.21. Any amendments, revisions or other changes shall be done in accordance with all state and local laws.
If any section, subsection, paragraph, sentence, clause or phrase of this code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this code which shall continue in full force and effect, and, to this end, the provisions of this code are hereby declared to be severable.
This code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
This code is intended to work in conjunction with existing Borough building ordinances, fire safety ordinances and community property ordinances as well as the International Property Maintenance Code (IPMC) as referenced in § 54-4 of this Code. If this chapter conflicts with any existing ordinances, the more stringent requirements of the two shall be in full force and effect.
All equipment, systems devices and safeguards required by this code or a previous statute or code for the structure or premises when erected or altered shall be maintained in good working order. The requirements of this code are not intended to supersede any existing federal, state or local laws.
A. 
The Code Enforcement Officer of the Borough of Paulsboro shall be designated as the enforcement officer and the Property Maintenance Inspector, charged with the enforcement of this chapter. However, nothing provided herein shall prohibit the Borough Administrator or the Mayor and Borough Council from designating an alternate or additional enforcement officer such as a Property Maintenance Inspector. The Code Enforcement Officer shall have the authority to render interpretations of this code and to adopt policies and procedures, through the appropriate channels, in order to clarify the applications of its provisions. Such polices and procedures shall be in compliance with the intent and purpose of this code. IPMC Section 104.1.
B. 
The Property Maintenance Inspector or other designated Borough Official shall enforce all of the provisions of this code. The Property Maintenance Inspector shall consult with the Borough Building Code Official, Zoning Officer, Borough Engineer, Animal Control Official and/or County Health Official or County Fire Marshal and/or other individuals if needed to enforce the provisions of this code. IPMC Section 104.2.
C. 
Inspections. The code official and/or property maintenance designee shall make all of the required inspections, or accept reports of inspections by approved agencies or individuals. Reports of such inspections shall be in writing and shall be certified by the responsible individual. IPMC Section 104.2.
D. 
Where an alternate or additional enforcement officer is designated, the following procedure shall be followed:
(1) 
The Borough Administrator shall notify the Mayor and Council, in writing, of such an appointment, which appointment shall be spread upon the minutes of the Borough Council meeting.
(2) 
The Mayor and Borough Council by resolution may make such appointment.
The Property Maintenance Inspector shall issue all necessary notices or orders to ensure compliance with this code. IPMC Section 104.5.
The Property Maintenance Inspector and other designated Borough officials who may enforce this shall be appointed by the Borough Administrator. The position may be full- or part-time.
Prior to entering into a space not otherwise open to the general public, the Property Maintenance Inspector shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. The Property Maintenance Inspector is authorized, with permission, to enter the structure or premises at reasonable times to inspect. If requested entry is refused or not obtained, the Property Maintenance Inspector shall pursue recourse as provided by law. IPMC Section 104.3.
Every occupant of a structure or premises shall give the owner or operator thereof, or its agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this code.
The Property Maintenance Inspector shall carry proper Borough identification when inspecting structures or premises in the performance of duties under this code. IPMC Section 104.4.
A. 
An official, inspector, deputy or employee connected with the enforcement of this code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer, inspector, deputy or employee engage in any work that conflicts with official duties or with the interests of the department; nor shall such officer, inspector, deputy or employee use their position for financial, professional or personal gain.
B. 
Exception. Said officials, inspectors, deputies or employees connected with the enforcement of this code, or other Borough program officer may aid in the completion of applications and projects for their clients as defined by the individual program's project guidelines and requirements.
The Property Maintenance Inspector, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the Borough until the final termination of the proceedings. The Property Maintenance Inspector or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the Department of Building Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. The official shall be afforded all the rights and protections afforded under Title 59 of the New Jersey Statutes.
An official record shall be kept of all business and activities of the Department specified in the provisions of this code, and all such records shall be open to public inspection according to all appropriate times and according to reasonable rules to maintain the integrity and security of such records and state statutes.
There is adopted by reference a certain code known as the "International Property Maintenance Code" (hereinafter "IPMC"). The aforesaid code, which is printed in book form, is adopted by reference as the housing and property maintenance code of the Borough, for the control of buildings, structures, and premises as herein provided; a copy of the printed code, so plainly marked as to indicate deletions, modifications, changes and amendments thereto, is referenced within the Borough's Property Maintenance Code and a full copy of the current IPMC is available in the Borough's Code Enforcement Office. Where appropriate, the IPMC shall be referenced.