A.
Title. These regulations shall be known as the "Property
Maintenance Code of the Township of Byram," hereinafter referred to
as "this chapter."
B.
Scope. This chapter is to protect the public health,
safety and welfare in all existing structures, residential and nonresidential,
and on all existing premises by establishing minimum requirements
and standards for premises, structures, equipment, and facilities
for light, ventilation, space, heating, sanitation, protection from
the elements, life safety, safety from fire and other hazards, and
for safe and sanitary maintenance; fixing the responsibility of owners,
operators and occupants; regulating the occupancy of existing structures
and premises, and providing for administration, enforcement and penalties.
C.
Intent. This chapter shall be construed to secure
its expressed intent, which is to ensure public health, safety and
welfare insofar as they are 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.
D.
Referenced standards. The standards referenced in this chapter and listed in Article VIII shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and referenced standards, the provisions of this chapter shall apply.
E.
Existing remedies. The provisions in this chapter
shall not be construed to abolish or impair existing remedies of the
jurisdiction or its officers or agencies relating to the removal or
demolition of any structure which is dangerous, unsafe and unsanitary.
F.
Workmanship. All repairs, maintenance work, alterations
or installations which are caused directly or indirectly by the enforcement
of this chapter shall be executed and installed in a workmanlike manner.
G.
Application of other codes. Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes and NFPA 70 listed in Article VIII.
H.
Validity. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter 186 shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall continue in full force and effect, and to this end the provisions of this chapter are hereby declared to be severable.
I.
Saving clause. This chapter 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.
All equipment, systems, devices and safeguards
required by this chapter 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 chapter are not intended to provide
the basis for removal or abrogation of fire protection and safety
systems and devices in existing structures.
A.
Approved materials and equipment. All materials, equipment
and devices approved by the Code Official shall be constructed and
installed in accordance with such approval.
B.
Modifications. Where there are practical difficulties
involved in carrying out provisions of this chapter, the Code Official
shall have the right to vary or modify such provisions upon application
of the owner or the owner's representative, provided that the spirit
and intent of the law is observed and that the public health, safety
and welfare is assured.
C.
Records. The application for modification and the
final decision of the Code Official shall be in writing and shall
be officially recorded in the permanent records of the Department.
D.
Material and equipment reuse. Materials, equipment
and devices shall not be reused unless such elements have been reconditioned,
tested and placed in good and proper working condition and approved.
E.
Alternative materials and equipment. The provisions
of this chapter are not intended to prevent the installation of any
material or method of construction not specifically prescribed by
this chapter, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
when the Code Official finds the proposed design is satisfactory and
complies with the intent of the provisions of this chapter, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this chapter in quality,
strength, effectiveness, fire resistance, durability and safety.
F.
Research and investigation. Sufficient technical data
shall be submitted to substantiate the proposed installation of any
material or assembly. If it is determined that the evidence submitted
is satisfactory proof of performance for the proposed installation,
the Code Official shall approve such alternative subject to the requirements
of this chapter. The cost of all tests, reports and investigations
required under these provisions shall be paid by the applicant.
A.
General. The Code Official shall enforce all of the
provisions of this chapter.
B.
Notices and orders. The Code Official shall issue
all necessary notices or orders to ensure compliance with the chapter.
C.
Right of entry. The Code Official is authorized to
seek entry to the structure or premises at reasonable times to inspect,
subject to constitutional restrictions on unreasonable searches and
seizures. If entry is refused or not obtained, the Code Official is
authorized to pursue recourse as provided by law.
D.
Access by owner or operator. Every occupant of a structure
or premises shall give the owner or operator thereof, or 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 chapter.
E.
Identification. The Code Official shall carry proper
identification when inspecting structures or premises in the performance
of duties under this chapter.
F.
Coordination of enforcement. Inspection of premises,
the issuance of notices and orders and enforcement thereof shall be
the responsibility of the Code Official so charged by the jurisdiction.
Whenever inspections are necessary by any other department, the Code
Official shall make reasonable effort to arrange for the coordination
of such inspections so as to minimize the number of visits by inspectors
and to confer with the other departments for the purpose of eliminating
conflicting orders before they are issued. A department shall not,
however, delay the issuance of any emergency orders.
G.
Rule-making authority. The Code Official shall have
power as necessary in the interest of public health, safety and general
welfare to adopt and promulgate rules and regulations to interpret
and implement the provisions of this chapter to secure the intent
thereof and to designate requirements applicable because of local
climatic or other conditions. Such rules shall not have the effect
of waiving structural or fire performance requirements specifically
provided for in this chapter or of violating accepted engineering
practice involving public safety.
H.
Organization. The Code Official shall appoint such
number of officers, technical assistants, inspectors and other employees
as shall be necessary for the administration of this chapter and as
authorized by the appointing authority. The Code Official is authorized
to designate an employee as deputy, who shall exercise all the powers
of the Code Official during the temporary absence or disability of
the Code Official. Any such appointments are subject to appropriations
by the municipality's governing body.
I.
Restriction of employees. An official or employee
connected with the enforcement of this chapter 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
or employee engage in any work that conflicts with official duties
or with the interests of the Department.
J.
Relief from personal responsibility. The Code Official,
officer or employee charged with the enforcement of this chapter,
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 chapter shall be defended by the legal
representative of the jurisdiction until the final termination of
the proceedings. The Code Official 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 chapter, 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.
K.
Official records. An official record shall be kept
of all business and activities of the Department specified in the
provisions of this chapter, and all such records shall be open to
public inspection at all appropriate times and according to reasonable
rules to maintain the integrity and security of such records.
A.
Unlawful acts. It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove,
demolish, maintain, fail to maintain, provide, fail to provide, occupy,
let to another or occupy or permit another person to occupy any premises,
property, structure or equipment regulated by this chapter, or cause
same to be done, contrary to or in conflict with or in violation of
any of the provisions of this chapter, or to fail to obey a lawful
order of the Code Official, or to remove or deface a placard or notice
posted under the provisions of this chapter.
B.
Penalty. Any person who shall violate a provision
of this chapter shall, upon conviction thereof, be subject to a fine
of not less than $200 nor more than $1,000 per violation or imprisonment
for a term not to exceed 10 days, or both, at the discretion of the
court. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
C.
Prosecution. In case of any unlawful acts, the Code Official shall institute an appropriate action or proceeding at law to exact the penalty provided in § 186-5B. Also, the Code Official shall ask the jurisdiction's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work;
(2)
To restrain or correct the erection, installation,
maintenance, repair or alteration of such structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupancy of the structure that is
not in compliance with the provisions of this chapter.
A.
Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in §§ 186-6B and C. Notices for condemnation procedures shall also comply with § 186-7G.
B.
Form. Such notice prescribed in § 186-6A shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient
for identification;
(3)
Include a statement of the reason or reasons why the
notice is being issued; and
(4)
Include a correction order allowing a reasonable time
for the repairs and improvements required to bring the dwelling unit
or structure into compliance with the provisions of this chapter.
C.
Method of service. Such notice shall be deemed to
be properly served if a copy thereof is delivered to the owner personally
or sent by certified or registered mail addressed to the owner at
the last known address with return receipt requested. If the certified
or registered letter is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice. Service of such notice in the
foregoing manner upon the owner's agent or upon the person responsible
for the structure shall constitute service of notice of the owner.
D.
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 186-5B.
E.
Transfer of ownership. It shall be unlawful for the
owner of any dwelling unit, structure or property who has received
a compliance order or upon whom a notice of violation has been served
to sell, transfer, mortgage, lease or otherwise dispose of the property
to another until the provisions of the compliance order or notice
of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Code Official
and shall furnish to the Code Official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee acknowledging the
receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
A.
General. When a structure or equipment is found by
the Code Official to be unsafe, or when a structure is found unfit
for human occupancy or is found unlawful, such structure shall be
condemned pursuant to the provisions of this chapter.
B.
Unsafe structure. An unsafe structure is one that
is found to be dangerous to the life, health, property or safety of
the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because
such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or
unstable foundation that partial or complete collapse is likely.
C.
Unsafe equipment. Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises
or within the structure which is in such disrepair or condition that
such equipment is a hazard to life, health, property or safety of
the public or occupants of the premises or structure.
D.
Structure unfit for human occupancy. A structure is
unfit for human occupancy whenever the Code Official finds that such
structure is unsafe, unlawful or, because of the degree to which the
structure is in disrepair or lacks maintenance, is unsanitary, vermin-
or rat-infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by this chapter, or because the location of the structure
constitutes a hazard to the occupants of the structure or to the public.
E.
Unlawful structure. An unlawful structure is one found
in whole or in part to be occupied by more persons than permitted
under this chapter or which was erected, altered or occupied contrary
to law.
F.
Closing of vacant structures. If the structure is
vacant and unfit for human habitation and occupancy and is not in
danger of structural collapse, the Code Official is authorized to
post a placard of condemnation on the premises and order the structure
closed up so as not to be an attractive nuisance. Upon failure of
the owner to close up the premises within the time specified in the
order, the Code Official shall cause the premises to be closed through
any available public agency or by contract or arrangement by private
persons, and the cost thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
G.
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or the persons responsible for the structure or equipment in accordance with § 186-6C. The notice shall be in the form prescribed in § 186-6B.
H.
Placarding. Upon failure of the owner or person responsible
to comply with the notice provisions within the time given, the Code
Official shall post on the premises or on defective equipment a placard
bearing the word "Condemned" and a statement of the penalties provided
for occupying the premises, operating the equipment or removing the
placard.
I.
Prohibited occupancy. Any person who shall occupy
a placarded premises or shall operate placarded equipment, and any
owner or any person responsible for the premises who shall let anyone
occupy a placarded premises or operate placarded equipment, shall
be liable for the penalties provided by this chapter.
J.
Removal of placard. The Code Official shall remove
the condemnation placard whenever the defect or defects upon which
the condemnation and placarding action were based have been eliminated.
Any person who defaces or removes a condemnation placard without the
approval of the Code Official shall be subject to the penalties provided
by this chapter.
A.
Imminent danger. When, in the opinion of the Code
Official, there is imminent danger of failure or collapse of a building
or structure which endangers life, or when any structure or part of
a structure has fallen and life is endangered by the occupation of
the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous
equipment, the Code Official is hereby authorized and empowered to
order and require the occupants to vacate the premises forthwith.
The Code Official shall cause to be posted at each entrance to such
structure a notice reading as follows: "This structure is unsafe and
its occupancy has been prohibited by the Code Official." It shall
be unlawful for any person to enter such structure except for the
purpose of securing the structure, making the required repairs, removing
the hazardous condition, or of demolishing the same.
B.
Temporary safeguards. Notwithstanding other provisions
of this chapter, whenever, in the opinion of the Code Official, there
is imminent danger due to an unsafe condition, the Code Official shall
order the necessary work to be done, including the boarding-up of
openings, to render such structure temporarily safe whether or not
the legal procedure herein described has been instituted, and shall
cause such other action to be taken as the Code Official deems necessary
to meet such emergency.
C.
Closing streets. When necessary for the public safety,
the Code Official shall temporarily close structures and close or
order the authority having jurisdiction to close the sidewalks, streets,
public ways and places adjacent to unsafe structures and prohibit
the same from being utilized.
D.
Emergency repairs. For the purposes of this section,
the Code Official shall employ the necessary labor and materials to
perform the required work as expeditiously as possible.
E.
Costs of emergency repairs. If the owner, entity or
person in possession of the dwelling or lands in question shall fail
to abate the condition complained of within the time period specified
after receipt of notice, the Code Official or his designee shall cause
the condition complained of to be abated, either by action of the
Department of Public Works or by engagement of an outside contractor,
and shall present a report of the work accomplished to the Township
Council, along with a summary of the abatement undertaken to secure
compliance. He or she shall certify the actual labor costs of same
plus 25%, but not less than the administrative fee of $100, to the
Township Council, which shall examine the report and certificate and,
if it is correct, cause the cost as shown thereon to be charged against
the dwelling or lands. A copy of the resolution approving the expenses
shall be certified by the Township Clerk and filed with the Tax Collector,
who shall be responsible for the collection thereof. The amount so
charged shall forthwith become a lien upon the dwelling or lands and
shall be added to and become and form part of the taxes next assessed
and levied upon such dwelling and lands, shall bear interest at the
same rate as the taxes, and shall be collected and enforced by the
same officer and in the same manner as taxes. Costs shall be in addition
to any penalties imposed for any violation of this chapter.
[Amended 9-6-2011 by Ord. No. 11-2011]
F.
Hearing. Any person ordered to take emergency measures
shall comply with such order forthwith. Any affected person shall
thereafter, upon petition directed to the appeals board, be afforded
a hearing as described in this chapter.
A.
General. The Code Official shall order the owner of
any premises: upon which is located any structure which in the Code
Official's judgment is so old, dilapidated or has become so out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for
human habitation or occupancy and such that it is unreasonable to
repair the structure, to raze and remove such structure; or if such
structure is capable of being made safe by repairs, to repair and
make safe and sanitary or to raze and remove at the owner's option;
or where there has been a cessation of normal construction of any
structure for a period of more than two years, to raze and remove
such structure.
C.
Failure to comply. If the owner of a premises fails
to comply with a demolition order within the time prescribed, the
Code Official shall cause the structure to be razed and removed, either
through an available public agency or by contract or arrangement with
private persons, and the cost of such razing and removal shall be
charged against the real estate upon which the structure is located
and shall be a lien upon such real estate. The Construction Official
must receive the approval of the Township Council prior to taking
or authorizing action under this subsection.
D.
Salvage materials. When any structure has been ordered
razed and removed, the governing body or other designated officer
under said contract or arrangement aforesaid shall have the right
to sell the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
razing and removal, shall be promptly remitted with a report of such
sale or transaction, including the items of expense and the amounts
deducted, for the person who is entitled thereto, subject to any order
of a court. If such a surplus does not remain to be turned over, the
report shall so state.
A.
Application for appeal: Any person affected by a decision
of the Code Official or a notice or order issued under this chapter
shall have the right to appeal to the Township Council, provided that
a written application for appeal is filed within 20 days after the
day the decision, notice or order was served. An application for appeal
shall be based on a claim that the true intent of this chapter or
the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this chapter do not fully apply, or the requirements
of this chapter are adequately satisfied by other means.
B.
Notice of meeting: The appeal shall be considered
by the Township Council at a regularly scheduled or a special meeting.
C.
Open hearing: All hearings before the Township Council
shall be open to the public. The appellant, the appellant's representative,
the Code Official and any person whose interests are affected shall
be given an opportunity to be heard.
D.
Postponed hearing: When five members are not present
to hear an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
E.
Township Council decision: The Township Council shall
modify or reverse the decision of the Code Official by a concurring
vote of three members.
F.
Resolution: The decision of the Township Council shall
be by resolution. Certified copies shall be furnished to the appellant
and to the Code Official.
G.
Administration: The Code Official shall take immediate
action in accordance with the decision of the Township Council.
H.
Court review: Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropriate
court for a writ of certiorari to correct errors of law. Application
for review shall be made in the manner and time required by law following
the filing of the decision in the office of the Municipal Clerk.
