Chapter 67A. Property Maintenance Code
CHAPTER 67A PROPERTY MAINTENANCE CODE
ARTICLE I Title, Policy and Purpose
§ 67A-1. Title.
§ 67A-2. Findings and declaration of policy.
§ 67A-3. Purpose.
ARTICLE II Definitions
§ 67A-4. Words and terms defined.
ARTICLE III Applicability
§ 67A-5. Compliance required.
§ 67A-6. Higher standards to prevail.
§ 67A-7. Enforcement of and compliance with other ordinances.
ARTICLE IV Responsibilities of Owners and Operators Applicable to All Properties
§ 67A-8. Maintenance of exterior of premises.
§ 67A-9. Appearance of exterior of premises and structures.
§ 67A-10. Structural and general maintenance.
ARTICLE V Services and Utilities
§ 67A-11. Garbage removal; janitorial service.
§ 67A-12. Heating, air conditioning, water supply and occupancy space.
ARTICLE VI Change in Commercial Use
§ 67A-13. Occupancy certificate required.
ARTICLE VII Administration and Enforcement
§ 67A-14. Designation of public officer.
§ 67A-15. General administrative provisions.
§ 67A-16. Results of hearing.
§ 67A-17. Right to appeal.
§ 67A-18. Failure to comply.
§ 67A-19. Costs assessable as taxes.
§ 67A-20. Notice requirements.
§ 67A-21. Additional powers of public officer.
§ 67A-22. Additional rules and regulations.
§ 67A-23. Standards.
§ 67A-24. Abatement.
§ 67A-25. Emergencies.
§ 67A-26. Referral of alleged violations.
§ 67A-27. Power of public officer to withhold strict enforcement.
§ 67A-28 Power to collect rents.
ARTICLE VIII Penalties; Repealer; Authority
§ 67A-29. Violations and penalties.
§ 67A-30. Repealer.
§ 67A-31. Severability.
§ 67A-32. Statutory authority.
[HISTORY: Adopted by the Township Council of the Township of Gloucester on 8-22-83 as Ordinance No. 0-83-34. Amendments noted where Applicable. 3-23-15 Section G.]
General References
Brush, weeds and obnoxious growth - See Ch.37
Fire prevention - See Ch. 52.
Garbage collection and disposal - See Ch 55.
Housing Code - See Ch. 59.
Junkyards - See Ch. 61.
Noise - See Ch. 65.
Be it ordained by the township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
ARTICLE I Title, Policy and Purpose
§ 67A-1. TITLE.
This Ordinance shall be known as the "Property Maintenance Code of the Township of Gloucester" and may be referred to in this ordinance in the short form as "this code".
§ 67A-2. FINDINGS AND DECLARATION OF POLICY.
It is hereby found and declared that there exists in the Township of Gloucester structures used for residential and non-residential use which are or may become in the future substandard with respect to structure, equipment or maintenance or further that such conditions, including but not limited to structural deterioration, lack of maintenance and the appearance of exterior of the premises, infestation, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or unkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Township of Gloucester. 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 aforesaid conditions 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 non-residential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
§ 67A-3. PURPOSE.
The purpose of this code is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance, conditions and occupancy of residential and non-residential premises; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid 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 non-residential premises; to fix penalties for the violation of this code; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use.
ARTICLE II Definitions
§ 67A-4: Words and terms defined.
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. All definitions of the BOCA Basic Building Code are hereby included.
CLOTHING RECEPTICLE - Dumpster-type container used for the collection of used and discarded articles of clothing.
DETERIORATION: The condition 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.
EXPOSED TO PUBLIC VIEW: Any premises or any part thereof of any building or any part thereof which may be lawfully viewed by the public or any member thereof.
EXTERIOR OF THE PREMISES: Open space on the premises outside of any building thereon.
EXTERMINATION: The control and elimination of insects, rodents and vermin.
GARBAGE: (See also REFUSE, RUBBISH). Petrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOMS: Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms, utility rooms, and other rooms or spaces that are not used frequently or for an extended period of time or that have less than 50 square feet of superficial floor area. Such rooms shall not be considered as habitable rooms.
INFESTATION: The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
MIXED OCCUPANCY: Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses or as a hotel.
NON-RESIDENTIAL USE All commercial,industrial, business, and professional uses, whether mixed with residential or other uses recognized and defined under the zoning ordinance of the Township. [Added 10-10-94 by Ord. 0-94-47]
NUISANCE:
A. Any public nuisance known at common law or in Equity jurisprudence or as provided by the Statutes of New Jersey or the ordinances of the Township of Gloucester.
B. Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to: abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak or sumac, which may prove hazardous for inquisitive minors.
C. Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
D. Overcrowding of a room with occupants in violation of this code.
E. Insufficient ventilation or illumination in violation of this code.
F. Inadequate or unsanitary sewage or plumbing Facilities in violation of this code.
G. Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this code.
H. Whatever renders air, food or drink unwholesome or Detrimental to the health of human beings.
I. Fire Hazards.
OPERATOR: Any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.
OWNER: Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling unit, as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee sub-letting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
PARTIES IN INTEREST: All individuals, associations and corporation who have interests of record in a building and any who are in actual possession thereof.
PREMISES: A lot, plot or parcel of land, including the buildings or structures thereon.
PUBLIC AUTHORITY: Shall mean any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire, building regulations or to other activities concerning buildings in the municipality.
PUBLIC OFFICER: See § 67A-24.
See § 67A-14 [Added 10/10/94 by Ord. 0-94-47]
REFUSE: (See also "GARBAGE" and "RUBBISH"). All petruscible and non-petruscible solid wastes (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RESIDENTIAL USE - all single family and multi family residential uses in the Towship. [Added 10-10-94 by Ord. 0-94-47]
RUBBISH: (See also "GARBAGE" and "REFUSE") Non-petruscible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.
ARTICLE III Applicability
§ 67A-5: Compliance required.
Every residential, non-residential or mixed occupancy building and the premises on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of this code. This code shall also apply to mobile home parks.
A. PURPOSE:
The purpose of this Ordinance to establish a process to mitigate the amount of deteriorating, vacant and or abandoned property locate in the Township of Gloucester, which is in creditor or mortgage default or foreclosure or mortgagee in possession. It is further intended to establish a registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate security and maintenance of vacant and or abandoned property, and in an action for default or foreclosure.
B. DEFINITION:
For the purpose of this section;
Abandoned Property shall mean real property that is vacant and has been abandoned as set forth in N.J.S.A. 2A:50-73 a & b of the laws of the State of New Jersey, and subject of a foreclosure sale, or transferred under a deed-in-lieu of foreclosure sale or short sale or any other legal means.
Accessible Property shall mean property that is accessible through a compromised or breached gate, fence, wall, etc.
Accessible Structure shall mean a structure or building that is unsecured and or breached is such a way as to allow access to the interior space by unauthorized persons.
Default means a creditor or mortgagee declares a default wither in writing, recording a lis pendens, or by its actions, or commences a foreclosure proceeding.
Enforcement Officer means a part time or full time Code Enforcement Officer serving the Township of Gloucester.
Foreclosure means a judicial process by which a property, placed as security for a loan, promise or mortgage loan is to be sold to satisfy a promise or debt upon which the property owner/borrower has defaulted.
Local Property Manager means an individual property manager, company or similar entity designated by the owner or mortgage which is responsible for the security and maintenance of the vacant and or abandoned real property.
Vacant Property means any building or structure that is not lawfully occupied or inhabited by human beings.
C. APPLICABILITY
This Ordinance related to vacant and or abandoned property and property subject to a mortgage to be in default. This section shall be considered cumulative and is not superseding or subject to any other law or provision for same, but shall be an additional remedy available to the Township of Gloucester above and beyond any other State, County or Local provision for the same. This Ordinance, when effective, shall apply retroactive to January 1st 2016.
D. PENALTIES
Any person, or company, or named representative of any person or company, who shall violate the provisions of this Ordinance shall, upon conviction be subject to the penalties and provisions contained herein and shall be enforceable Coe Enforcement Official of the Township of Gloucester and in the Municipal Court of the Township of Gloucester or any Court of competent jurisdiction.
E. REGISTRATION OF REAL PROPERTY MORTGAGEE HOLDING MORTGAGES IN DEFAULT AND FORECLOSURE:
(A.) Any mortgagee who holds a mortgage on real property located within the Township of Gloucester shall perform an inspection of the property that is held security for the promise, loan or mortgage, upon default by the mortgagor, or issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall within ten (10) days of the inspection, register the property with the Code Enforcement Official of the Township of Gloucester or other authorized representative, on forms provided by the Township of Gloucester. A registration is required for each vacant property.
(B.) If the property is occupied but remains in default, it shill be inspected by the mortgagee, or his designee, monthly until (1) the mortgagor or other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within (10) days of that inspection, register the property with the Code Enforcement Official, or other authorized representative, either electronically via the Township’s or other designated website or on forms provided by the Township of Gloucester.
(C.) With ten (10) day of the date the mortgagee declares its mortgage to be in default through public notice or recordation, the mortgagee shall register the real property with the Township or its authorized representative and, at the time of registration, shall designate in writing a local property manager to inspect, maintain and secure the real property subject to the mortgage in default.
(D.) Registration pursuant to this section shall contain of the mortgagee and servicer along with the corresponding mailing address and telephone number. The local property manager shall be responsible to inspection the property. The property manager named in the registration shall be located in County of Camden and available to be contacted Monday through Friday between 8:30 am and 4:30 pm, holidays and lunch hours excepted. If the subject property of the registration is investor or bank owned, the registration shall contain at the minimum the name of the owner, the mailing address of the owner, e-mail address and telephone number, asset manager along with the property manager.
(E.) An annual registration fee of $300.00 per property shall accompany the registration. There is no additional fee for amending contact information if filed within the same year or within one year of the last annual registration payment.
(F.) This section shall apply to properties that have been the subject of a foreclosure sale where title is transferred to a beneficiary of a mortgage involved in the foreclosure and any property transferred to a mortgagee under a deed-in-lieu of foreclosure/sale.
(G.) Any person or other legal entity that has registered a property under this Ordinance shall report any change of information n contained in the registration within ten (10) days of the change.
(H.) Properties subject to this section shall remain under the annual registration requirement, inspection, security, and maintenance standards of this section as long as they remain vacant or abandoned or subject to have been declared by a mortgage to be in default.
(I.) Failure of the mortgagee and/or property owner of record to properly register or to revise from time to time the registration to reflect a change of circumstances as required by this ordinance is a violation of the codes of the Township of Gloucester and may result in a citation by the Code Enforcement Officer, or other authorized representative. Pursuant to a finding and determination by the Code Enforcement Officer that any property is in violation of Municipal Ordinances, the Township may take the necessary action to ensure compliance with its ordinance, perform the necessary work and the necessary cost shall be recorded as a municipal lien(s) on the property for the cost of the work performed to benefit the property and to bring it into compliance.
(J.) At such time that the property becomes abandoned the mortgagee shall submit a No Trespass Affidavit with the Code Enforcement Officer or other designated official.
F. MAINTENANCE REQUIREMENTS:
(A.) Properties subject to this ordinance shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances or any other items that give the appearance that the property is abandoned or not being properly maintained. Weeds, overgrown brush or dead vegetation over the height limitations imposed by the Municipality's Codes are prohibited.
(B.) The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure. Yards shall be landscaped and maintained pursuant to the standards set forth in the code. Landscaping shall include, but not be limited, grass, ground cover, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential, commercial or industrial installation, as applicable. Landscaping shall not include weeds, gravel, broken concrete, asphalt or similar material.
(C.) Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required landscape and removal of all trimmings and weeds.
(D.) Pools and spas shall be kept in working order so that pool and spa water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of the Township and the State of New Jersey Building Code.
(E.) Failure of the mortgagee and/or property owner of record to properly maintain the property is a violation of this Ordinances and may result in the issuance of a citation by the Code Enforcement Officer. Pursuant to a determination of violation, the Code Enforcement Officer may take the necessary action to ensure compliance with the ordinance and request the filing of a lien on the property.
G. SECURITY REQUIREMENTS:
(A.) Properties subject to this ordinance shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
(B.) A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates, and other openings of such size that may allow a chill or adult to access the interior of the property and/or structure. Broken windows shall be secured by re-glazing or boarding.
H. RESPONSIBLE PARTY:
(a.) Once the property is declared in default of the loan or mortgage and has become vacant or abandoned, it shall be the mortgagee’s responsibility, through a designed local property manager, to bring the property into compliance with the Code of the Township of Gloucester, and the mortgagee shall perform weekly inspections to verify continued compliance with the Township Code, and any other applicable Law or Ordinance of the Township of Gloucester.
Adopted: February 22, 2016
REGULATION:
1. Any “In-State” Creditor filing a summons and complaint in an action to foreclose vacant and abandoned residential property shall be responsible for the care, maintenance, security and upkeep of the exterior of the vacant and abandoned residential property. The In-State Creditor may provide to the Clerk of the Township of Gloucester the name of a person or firm to be responsible for care, maintenance, security and upkeep of vacant and abandoned residential property on which a summons and complaint in an action for foreclosure has been filed.
2. Any “Out-of-State” Creditor filing a summons and complaint in an action to foreclose vacant and abandoned residential property shall be responsible for the care, maintenance, security and upkeep of the exterior of the vacant and abandoned residential property, and in addition thereto shall appoint an In-State Representative or Agent to act for the foreclosing “Out-of-State Creditor. The “Out-of-State” Creditor shall provide to the Clerk of the Township of Gloucester the full name and contact information of the in-State representative or agent to act for the foreclosing creditor.
3. The Creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in the Township of Gloucester, shall within 10 days of the filing of serving the summons and complaint, notify the Municipal Clerk of the Township of Gloucester that an action to foreclose on a mortgage has been filed against the subject property.
The notice shall contain street address, block and lot number of the property being foreclosed as well as the name and contact information of the in-state representative or agent of the creditor who is responsible for receiving complaints of property maintenance and code violations. There shall also be provided the name and contact information on an in-state representative or agent who shall be responsible for the care, maintenance, security, and up-keep of the exterior of the property if the property is or becomes vacant and abandoned. The notice shall be provided by mail or by electronic communication.
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if the residential property becomes
vacant at any point subsequent to the creditor’s filing the summons and complaint in an action to foreclosure, but prior to title vesting in the creditor or any third party, and the exterior of the property is found to be a nuisance or in violation of any applicable state of municipal code, the local official shall notify the creditor or the representative or agent of the creditor, who shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or municipal ordinance. If the municipality expended public funds in order to abate the nuisance or correct any code violation on a residential property in situations where the creditor was given notice but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the property owner.
Amended. 12-29-14
§ 67A-6 Higher standards to prevail.
In any case where the provisions of this code impose a higher standard than is set forth in any other local ordinances or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this code impose a lower standard than any other local ordinances or the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
§ 67A-7 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 local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, operator, or occupant from complying with any such other provision, nor any official of the Township of Gloucester from enforcing any such other provision.
ARTICLE IV Responsibilities of Owners and Operators Applicable to All Properties
§ 67A-8. Maintenance of exterior of premises.
The exterior of 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 unsanitary 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 following:
A. Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
B. 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 such conditions.
C. Overhangings. Loose and overhanging objects, and trees, limbs and branches and objects with accumulations of ice and snow, which by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof, or causing damage to neighbors property. [Amended by Ord. O-00-34 on 11-27-00]
D. Ground surface hazards or unsanitary 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 such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. This subsection does not apply to single family dwellings.
E. Recurring accumulations of stormwater. Adequate run-off drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of storm water.
F. Sources of infestation.
G. Foundation. Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
H. Chimneys and all flue and vent attachments. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and be 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, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
I. Exterior porches, landings, balconies, stairs and fire escapes. Exterior 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.
§ 67A-9. 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 structures shall not constitute a blighting factor for adjoining property owners including the following:
A. 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 the Zoning Ordinance of the Township of Gloucester for the premises.
B. Landscaping. Premises with landscaping and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property. Lawns with grass higher than ten (10) inches shall be presumed in violation of this Section. Grass, weeds and all other vegetation other than trees on larger tracts of land adjoining improved residential properties shall be maintained cut for a minimum distance of three hundred (300) feet from such adjoining property lines.
[Amended by Ord. No. O-92-48 on 10-26-93][Amended by Ord, No. 0-94-47 on 10-10-94]
C. Reconstructed walls and siding. Reconstructed walls and sidings of non-residential structures 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, such that the materials used will not be of a kind that by their appearance under prevailing appraisal practices and standards will depreciate the values of the neighboring and adjoining premises as aforesaid.
D. General maintenance. The exterior of every structure of accessory structure (including fences) shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safely and fire hazards eliminated and adjoining properties protected from blighting influences. A periodic (every month) exterminating service shall be maintained in all multiple family dwellings.
§ 67A-9.1 Prohibitions
A. The storage of any bulky household items such as appliances, furniture, mattresses, etc..., except in a fully enclosed structure is prohibited. This section shall not prohibit the use and placement of accessory residential lawn furniture nor the placement of bulk items for collection on designated days for collection.
B. The storage of tires except in a fully enclosed structure is prohibited.
C. The accumulation of debris on or around construction sites, or its storage in such a manner that it is likely to be removed by natural forces onto adjacent property is prohibited.
D. Open or overflowing commercial of residential waste disposal bins or receptacles are prohibited.
(Amended by Ord. #0-88-30, adopted on June 27, 1988)
E. The blowing or disposing of grass, weeds or other vegetation clippings, into the street or public right-of-way, by either the property owner or the lawn maintenance contractor, is prohibited with the exception of the fall leaf season as scheduled by the Director of Public Works. [Amended by Ord. #O-04-41 on 01-10-05][Amended by Ord. #O-05-17 on 06-27-05]
F. BAMBOO PLANTING: It is determined the bamboo plant is an invasive plant and often difficult to control, and can and has caused significant damage to properties in the Township of Gloucester. The purpose of this subsection is to preserve and protect private and public property from the damaging spread of bamboo grasses, protect property and indigenous plant materials from the invasive spread of bamboo and to maintain the general welfare of the residents of the Township of Gloucester.
1. Prohibition: No owner, tenant or occupant of a property, or person, corporation or other entity, shall plant, install or cause or permit the planting or installation of plant species commonly known as “bamboo-running or clumping”, including but not limited to the following plant genera: Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella and Semiarundinaria, upon any property located within the Township of Gloucester.
2. Duty to confine: In the event any species commonly known as “bamboo-running or clumping” is located upon any property within the Township of Gloucester, prior to the effective date of this prohibition, the owner or occupant of said property shall confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other private or public property or public right of way. Said confinement shall be by a barrier, constructed in accordance with specification approved by the Code Enforcement Officer of the Township of Gloucester, and as may be amended from time to time, and inspected and permitted by the office of the Code Enforcement Officer. Failure to properly confine such bamboo shall require removal. In lieu of the duty to confine, the property owner or occupant may elect to totally remove the bamboo from the property.
3. Removal: In the event bamboo-running or clumping is present on the effective date of this prohibition and a complaint is received by the Township regarding an encroachment of any bamboo plant or root, and the Code Enforcement Officer of the Township by observation, inspection determines that there is an encroachment or invasion on any adjoining private or public property or public right of way, the Township shall notice the bamboo property owner in writing that the bamboo has invaded other private or public property or public right of way and demand the removal of the bamboo from such other private or public property or public right of way and the demand confinement against future encroachment or the total removal from the bamboo property owner’s property. Notice shall be provided by certified, return receipt requested mail and regular mail. If the bamboo property owner does not remove or contract for the removal of the bamboo from such other private or public property or public right of way within 45 days of the date of notice, the Code Enforcement Officer of Township of Gloucester shall cause a citation to be issued with a penalty up to $500.00 for each day the violation continues, enforceable through the Municipal Court of the Township of Gloucester, as well as civil proceedings for injunctive or civil relief. Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a Court of proper jurisdiction, nor the institution of civil proceedings against the proper parties. When an encroachment is upon public property or public right of way, the Township of Gloucester, at its discretion, may remove or contract for the removal of such bamboo from the Township property or public right of way, the cost of which shall be the responsibility of the bamboo property owner and shall be assessed as a lien against the property on which the bamboo growth originated. The cost of removal from the Township owned property and or public right of way shall include the installation of an appropriate barrier to prevent future bamboo invasion.
4. Replanting Prohibited: Any bamboo-running or clumping either planted or caused to be planted or existing on the effective date of this regulation, may not be replanted or replaced once such bamboo is or has become dead, destroyed, uprooted or otherwise removed. [Amended by Ord. O-13-16 on 10-15-13]
G. BIRD/WILDLIFE FEEDING: The purpose of this section is to prohibit excessive feeding of wildlife and birds as to create a disturbance, nuisance, public health or unsightly condition by placing of large amounts of bird feed, grain, or other food on the ground, as this can present a health, safety and welfare concern and create unsightly conditions, and large concentrations of wild life, noise and other disturbances.
The prohibition contained herein shall apply to all residential districts and any portion of a commercial or industrial district within 300 feet of a residential district.
Excessive feeding of bird and wildlife in residential area has an unreasonable adverse effect on the use and enjoyment of neighboring residential properties. The provisions herein are intended to curb such adverse effect by prohibiting excessive wild life and bird feeding and bird feeders
Definitions
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section.
Excessive Feeding: means of spreading, casting, laying, depositing or dumping of feed on any property, other than as permitted by this ordinance.
Feed: Any material, including but not limited to bird seed, bird feed, corn, bread crumbs, food scraps, domestic animal food, or any similar substance which can be utilized for consumption by wild/feral mammals and or birds to provide nourishment.
Hanging Feeder: Feeders designed for suspension from a post or other stationary object, such as hoppers, tube feeders, window feeders and post mounted feeders. The majority of the feed remains enclosed within the feeder.
Platform Feeders: Feeders designed for open placement of feed generally intended for consumption by ground feeding species. A minimum one inch lip shall encompass all platform feeders. A maximum total of one pound of feed shall be present on any platform type feeder. All platform type feeds must be located at least 10 feet inside the property line.
Wild feral animal or bird: any mammal or bird not generally considered domesticated, such as but not limited to squirrel, chipmunk, rat, mouse rabbit, raccoon, opossum, skunk
Prohibition
No excessive bird seed, grain, nuts, crumbs, scraps or any form of bird food or other food intended to attract and feed bird or other wild life shall be thrown or scattered on the ground of any property. Ground feeding is prohibited except contained in an approved platform feeder.
No person shall dispense, feed or otherwise make available to any species of wild life, including birds, either on their property or property of another, any type or amount of food in a manner that:
a. Creates an unclean, unsafe or unsightly condition
b. Results in an excessive accumulation of droppings, feces and or feathers.
c. Attracts excessive wildlife, vermin or pest.
d. Creates unreasonable disturbance
e. Constitutes a private or public disturbance
Permitted: Feeding of birds/wildlife is permitted in containers as follows:
A. Permitted bird feeder shall be either:
a. a tube or cylinder type feeder hung from a tree or pole
b. a hopper type feeder which shall be no larger than 12 inches in width and height, fully enclosed on all sides with openings of no more than ½ inch in size.
B. Bird feeders shall be hung no less than three feet and no more than eight feet from the ground. They shall be filled with no more than 10 ounces of bird feed or bird food at any time to be placed inside the feeder only. Ground feeding is prohibited.
C. The maximum number of feeders per lot shall be as follows;
a. Hanging feeders – four
b. Suet feeders – two
c. Water dispensers – two
d. Platform feeders – one
(Amended by Ordinance 15-6 on March 23, 2015.)
§ 67A-10. Structural and general maintenance.
A. The outside building walls shall not have any holes, loose boards, or any broken, cracked or damaged finish which admits rain, cold air, dampness, rodents, insects or vermin.
B. Every dwelling shall be so maintained as to be weather and watertight.
C. Basements, cellar and crawl spaces shall be free of moisture resulting from seepage, and cross ventilation shall be required where necessary to prevent accumulations of moisture and dampness, they shall be paved with stone or concrete not less than four (4) inches thick and shall be maintained at all times in a condition so as to be smooth, clean and free from cracks, breaks and other hazards.
D. All parts of the premises shall be maintained so as to prevent infestation.
E. All parts of the dwelling shall be kept in a clean and sanitary condition, free of nuisances, and free from health, safety and fire hazards.
F. Every roof, roof gutter, flashing, rain water conductor and roof cornice shall be weather and rain tight and shall be kept in good repair.
ARTICLE V Services and Utilities
§ 67A-11 Garbage removal; janitorial service.
A. Responsibility for removal. The owner or operator shall have the duty and responsibility of removing garbage wherever a janitor is required for the premises in accordance with subsection C.
B. Storage areas. All accumulation of trash and debris shall be removed daily from collection areas and trash chutes if the trash compactor is out of order. In dwellings containing four (4) or more dwelling units, storage areas or storage binds of fireproof construction and containing fireproof walls and partitions of at least two hour rating shall be provided.
C. Janitorial services. In every dwelling containing three or more dwelling units or rooming units or combination thereof, the owner shall provide or designate a superintendent, janitor, caretaker or housekeeper who shall at all times, maintain the premises in compliance with this code and keep the premises free from filthy garbage, refuse and rubbish and who shall provide dumpsters or other appropriate containers for the deposit of garbage and other rubbish by the occupants and shall provide for the removal of said garbage and rubbish daily or as needed. The said person shall be regularly available on the premises to perform the foregoing duties and, in case of complexes of fifty (50) or more units shall reside on the premises. In the event said superintendent, janitor, caretaker or housekeeper shall not reside in said premises, the owner or operator shall make his name, address and telephone number known to all tenants and shall register same with the Public Officer and shall also make available and known to all tenants and the Public Officer the name of an alternative individual who shall be responsible at all times during the absence of said superintendent, janitor, caretaker or housekeeper. The failure of any superintendent, janitor, caretaker or housekeeper to comply with the provisions of this code, even in disobedience of instructions, shall not relieve the owner or operator from the duties and responsibilities imposed by this code. Additionally, the owner or operator shall register the name, address and telephone number of said owner or operator with the Public Officer" (Amended by O-83-40 on September 26, 1983)
§ 67A11.1 Clothing Receptacles
The owner or tenant of any premises within any non-residential zone within the Township of Gloucester may cause the premises to be used as a collection point for the collection of used and discarded articles of clothing. A permit must first be issued in accordance with the provisions of this Ordinance. The issuance of the permit shall require the owner or tenant to place the dumpster-type container in such a manner and location as to not cause a public hazard, nuisance or interfere with pedestrian or vehicular traffic, and to maintain the clothing receptacle in such a manner as to assure that bags, boxes or articles of clothing are not strewn about the ground and at all times contained inside the clothing receptacle. The issuance of thepermit shall require the dumpster-type container to be clearly marked, "Used Clothing Only". No more than two (2) clothing receptacles are authorized per permit and only one permit shall be issued per each lot, site, tract or location. The issuance of a clothing receptacle permit is prohibited in all residential zones. l. An application for permit under this Ordinance shall be filed with the Township Clerk, in duplicate, on forms to be furnished by the Township Clerk, that shall contain the following information, all of which shall be sworn to:
A. Name and address of theowner or tenant of the premises to be used as a collection point.
B. Street address and tax block and lot number of the premises to be used as a collection point.
C. The location on the premises for the placement of the clothing receptacle.
D. The name and address of the individual or company to be operating the clothing receptacle and receiving the articles of used and discarded clothing.
1. the term of the permit shall be for 30 days following the date of issue of the permit.
2. the fee for the permit shall be $15.00, which sum shall be paid tothe Township Clerk at the time of filing of the application.
[added on 10-10-94 by Ord. 0-94-53]
§ 67A-12 Heating, air conditioning, water supply and occupancy space.
A. Heat supply and air conditioning.
1. In buildings designed to be occupied or presently occupied as a residence by two (2) or more families for whom the owner(s) have agreed to supply heat, at the owner's expense, every unit of dwelling space and every habitable room therein shall be maintained at the minimum temperature of 68°F between the hours of 6:00 a.m. and 11:00 p.m. and of 65°F between the hours of 11:00 p.m. and 6:00 a.m. from October 1st of each year to May 1st of the succeeding year and all other days of the year when the outside temperature falls below 40°F. The owner and/or operator shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition. [N.J.S.A 26:3-3(m); N.J.A.C. 5:10-19.4(1)]. When heat supply to the required temperature cannot be speedily restored within 24 hours due to malfunctioning of heat supply system or for any other reason while outside temperature remains at or below the freezing point, the owner and/or operator shall make every emergency effort to provide alternate means of heat supply, at the owner's expense, in order to protect the occupants' health and well being, such as, relocating the occupant(s) to an adequately heated facility.
2. If the owner further agrees (through lease agreement) to provide air conditioning, every habitable room shall be maintained at the interior temperature of no higher than 78°F from May 2nd through September 30th of each calendar year and all other days of the year when outside temperature reaches 85°F or above. Compliance inspection for air conditioning may be conducted only during normal business hours at the judgment of the inspection official.
3. In meeting the aforesaid temperature requirements,the owner shall not be responsible for heat loss or temperature gain by the occupants leaving windows or doors open to the exterior of the building or willfully hindering the systems. The aforesaid temperature shall be read at a height of three (3) feet above the floor level at the center of the room.
B. Cold and hot water. Every multiple dwelling unit shall be connected to a potable water supply system. Every kitchen sink, bathroom or toilet room, shower, sink, basin or tub shall be connected to both hot and cold water lines and be provided with both hot and cold water. Hot water supply shall be maintained at a temperature between 105°F and 160°F. Compliance inspection for the hot water requirement may be conducted only during normal business hours at the judgment of the inspection official [ NJAC 5:10-19.4(m) ]
C. Occupancy space.
1. In multiple dwellings, there shall be a minimum usable floor area for the initial occupant of each dwelling space of 150 square feet and 100 square feet additional space for each additional occupant; provided, however, children under the age of two (2) shall not be considered additional occupants [ NJAC 5:10-19.8(e) ].
2. In every dwelling unit of two or more rooms every room occupied for sleeping purposes shall have a minimum usable floor area of 70 square feet for the first occupant sleeping therein and 50 square feet for each additional occupant. Kitchens, bathrooms and toilet rooms shall not be used for sleeping purposes [ NJAC 5:10-19.8(f)]; Provided, however, that this provision is not intended to regulate guests who temporarily occupy the unit for not more than four (4) consecutive weeks.
ARTICLE VI Change in Commercial Use
§ 67A-13 Occupancy certificate required.
Any change in commercial use or commercial use by way of a new operator on the first floor of any apartment building where such use is permitted shall require a new occupancy certificate.
ARTICLE VII Administration and Enforcement
§ 67A-14 Designation of public officer.
The Code Enforcement Officer is hereby designated to serve as the Public Officer hereunder and all inspections, regulations, enforcement and hearings on violations of the provisions of this code, unless expressly stated to the contrary, shall be under his or her direction or supervision. He or she may appoint or designate such other local public officers or employees to perform duties as may be necessary to the enforcement of this code, including the making of inspections and holding of hearings.
The Township Clerk shall serve as hearing officer under this ordinance. [AMENDED 11-27-89 by Ord. 0-89-53]
§ 67A-15. General administrative provisions.
[Amended 9-26-83 by Ord.No. 0-83-40.] [Amended 10-10-94 by Ord, 0-94-47][ Amended on 3-25-13 by Ord. O-13-07]
A. Whenever the Public Officer has received proof of a violation of 67A.9 notice of said violation shall be served on the owner or operator of the premises, directing that the said violation shall be corrected within seven (7) days of the date of notice. In the event that the owner or operator shall refuse or fail to correct violation, the Public Officer shall have the authority to enter upon the premises for the purpose of correcting the violation. The cost of the correction of the violation shall be certified to the owner or operator of the premises and shall be charged against the premises, and the amount so charged shall become a lien upon said lands and premises to be added to and become and form a part of the taxes next to be assessed and levied upon said lands and premises, to bear interest at the same rate as other taxes and municipal liens, and shall be collected and enforced by the same municipal officer in the same manner as other taxes and municipal liens. For the purposes of this sub-section "A" the following shall be the cost of correcting a violation:
1. Actual cost charged to the Township of Gloucester by provider of services.
2. Township administrative cost in the amount of $150.00
3. Any other fine or penalty imposed under Section 67A-29 below.
B. Whenever a petition is filed with the Public Officer by a public authority or by at least five (5)residents of the municipality charging that any building is unfit for human habitation, or occupancy or whenever it appears to the Public Officer on his or her own motion that any building is unfit for human habitation, occupancy or use or that the continuing of any condition constitutes a nuisance in the meaning of this ordinance or presents a condition harmful to the health and safety of the occupants of said building and the general public of the municipality, the Public Officer shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be serviced upon the owner of and parties in interest in such building a complaint, stating the charges in that respect and contain a notice that a hearing will be held before the Public Officer or his designated agent at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of the complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the Courts shall not be controlling in hearings before the Public Officer. The Public Officer may conduct inspections of any and all multi-family dwellings and trailer rental parks at his or her discretion in order to enforce the provisions of this ordinance. [amended 10-10-94 by Ord. 0-94-47]
§ 67A-16. Results of hearing.
If, after such notice and hearing, the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
A. Requiring the repair, alteration or improvement of the said building to be made by the owner, within a reasonable time, which time shall be set forth in the order or at the option of the owner, to vacate or have the said building vacated and closed within the time set forth in the order; or
B. If the building is in such a condition as to make it danger ous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the same building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.
§ 67A-17. Right to appeal.
If, after such notice and hearing, the person or persons notified disagree with the decision of the Public Officer because of alleged misinterpretation of this Ordinance and its contents, then they shall have the right to appeal to the Township Council of the Township of Gloucester within fourteen (14) days after notice of order to repair or demolish. If the findings of the Township Council is that the intent of the Ordinance was misinterpreted, then its decision will be final.
§ 67A-18. Failure to comply.
If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved or to be vacated and closed the the Public Officer may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful." If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
§ 67A-19 Costs assessable as taxes.
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this ordinance determined in favor of this municipality and such cost of such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such buildings or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. The Public Officer shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes. If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer, shall be secured in such a manner as may be directed by such Court, and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the Township to define an declare nuisance and to cause its removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within sixty (60) days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
§ 67A-20 Notice requirements.
Complaints or orders issued by a Public Officer pursuant to this ordinance shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence and the Public Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) successive weeks in a newspaper printed and published in the Township or, in the absence of such newspaper, in one printed and published in the County and circulating in the municipality in which the buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for recording with the County recording officer of the County in which the building is located.
§ 67A-21 Additional powers of public officer.
The Public Officer shall exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this ordinance, including the following powers in addition to others herein granted:
A. To investigate the building conditions in the municipality in order to determine which buildings there in are unfit for human habitation or occupancy or use.
B. To administer oaths, affirmations, examine witnesses and receive evidence.
C. To enter upon premises for the purpose of making examinations provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and provided that any entrance without the permission of the occupant shall be consistent with the laws and constitution of the State of New Jersey and of the United States of America.
D. To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this ordinance.
E. To delegate any of his functions and powers under this ordinance to such officers and agents as he or she may designate.
§ 67A-22. Additional rules and regulations.
The Public Officer may, subject to approval by the governing body, by ordinances amending this ordinance, adopt written rules and regulations as he or she may deem necessary for the proper enforcement of the provisions of this ordinance; provided, however, that such rules and regulations shall not be in conflict with the provisions of this ordinance, nor in anywise alter, amend or supersede any of the provisions thereof. The Public Officer shall file a certified copy of all rules and regulations which he or she may adopt in his or her office. Such rules and regulations shall be ineffective until adoption by the Governing Body of the Township of Gloucester by ordinance.
§ 67A-23. Standards.
The Public Officer may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of such municipality. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; delapidation; disrepair, structural defects; and uncleanliness.
§ 67A-24 Abatement.
The governing body of the Township of Gloucester may, by resolution abate a nuisance, correct a defect or put the premises in condition so as to comply with the requirements of any municipal ordinance or State law applicable thereto, at the cost of the owner or lessor, and expend municipal funds for such purpose and charge the same against the premises, and the amount thereof as determined by the governing body of the municipality shall be a lien against the premises and collectible as provided in this ordinance.
§ 67A-25. Emergencies.
Whenever the Public Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order requiring that such action be taken as he determines necessary apply the statutes and other provisions of this ordinance to meet the emergency, and such order shall be effective immediately and any person to whom such order is directed should comply immediately, but upon petition to the Public Officer shall be afforded a hearing as soon as possible. The provisions of this ordinance to charge the costs and making them assessable as taxes shall apply to such emergencies.
§ 67A-26 Referral of alleged violations.
Any violation of any ordinance other than this code discovered in the enforcement of this code shall be reported to the Public Officer, who shall refer the alleged violation to the officials or agency responsible for the enforcement of such ordinance.
§ 67A-27. Power of public officer to withhold strict enforcement.
The Public Officer shall have the power to withhold strict enforcement of this code upon written application therefor by an owner or party in interest after making determination that:
A. Any variation or modification of structure use approved by the Public Officer will not in any material way alter the standards of this code and cannot effect detrimentally the health or safety of occupants of the premises or the health, safety or welfare of the occupants or owners of adjacent premises or of the neighborhood; and
B. Strict enforcement would constitute an undue and unnecessary hardship on the owner, operator or occupant because it would compel expenditures on the premises which would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom; and
C. The owner, operator or occupant is without any practical or feasible means to comply with the strict provisions of this code; and
D. Premises subject to this code are contemplated for acquisition or are within an area where acquisition is contemplated by a public agency having the power of eminent domain and that there is a reasonable likelihood that the said premises will be acquired within a period of two (2) years, and that the strict enforcement of this ordinance would require the installation of repairs and improvements estimated to exceed Three Hundred ($300.00) Dollars in cost and there is an alternative means satisfactory to the Public Officer to be used which will eliminate violations of this code constituting hazards to the health, safety and welfare of the occupants of the premises and persons in the immediate vicinity thereof, provided, however, that any waiver of the provisions of this code permitted under this subsection shall be cancelled and the Public Officer shall strictly enforce the code if it shall be ascertained subsequent to the granting of the waiver that the premises are in fact not to be acquired for any public use or purpose.
§ 67A-28. Power to collect rents.
The Public Officer may with the approval of the governing body of the Township of Gloucester, by resolution, bring an action to be appointed receiver ex officio of the rents and income of such property for the purpose of collecting the rents and income from such property and expending the same for the purpose of abating the conditions against which this ordinance is directed. The procedure and other legal steps shall be governed by the provisions of N.J.S.A. 40:48-2.12(h) to N.J.S.A. 40:48-2.12(k), and/or N.J.S.A. 2:42-74 to 42-84.
ARTICLE VIII Penalties; Repealer; Authority
§ 67A-29 Violations and penalties.
Any person, firm or corporation who shall violate any of the provisions of this ordinance shall upon conviction, be punished by a fine of not to exceed Five Hundred ($500.00) Dollars or by imprisonment in the County jail for a period of not to exceed ninety (90) days, or by both such fine and imprisonment, and each violation of any of the provisions of this ordinance and each day the same is violated shall be deemed and taken to be a separate and distinct offense. A conviction of a second and subsequent offense of any of the provisions of this ordinance shall upon conviction, be punished by a fine of $1,000.00 or by imprisonment in the County Jail for a period of not to exceed ninety (90) days, or both. [Amended on 09-27-10 by Ord. O-10-37]
§ 67A-30 Repealer.
All other ordinances and parts of ordinances in conflict or inconsistent with this ordinance are hereby repealed, specifically Chapters 41 and 42A of the Code of the Township of Gloucester, but only to the extent of such conflict or inconsistency, and this ordinance shall be in full force and effect immediately upon its adoption and its publication and approval by the Mayor, as provided by law.
§ 67A-31 SEVERABILITY.
Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remaining portions of this ordinance shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this ordinance are hereby declared to be severable.
§ 67A-31 Statutory authority.
This ordinance is enacted pursuant to the following New Jersey Statutes: N.J.S.A.40:48-2.13, 40:482.14, 40:48-1(15), 40:48-2.3 to 40:48-2.12, 40:48-2.12(a) to 40:48-2.12(1), 40:69A-30 and/or 2A:42-74 to 2A:42-84, and the General Police Powers.
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²Editor's Note: Former Ch. 41, Buildings, Unfit, was adopted 5-14-76 as Ord. No. 0-76-22, and former ch. 42A, Property Maintenance Code, was adopted as Ord. No. 0-80-13.
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1Editor's Note: See 0-83-26A.