This chapter shall be enforced in Municipal
Court upon a complaint signed by the Code Enforcement Officer, the
Environmental Officer, the Recycling Coordinator, any law enforcement
officer of the Township and such other persons as may be appointed
by the Mayor from time to time. Further, once a complaint has been
signed and issued, the responsibility for disposal of solid waste
shall lie with the violator and/or shall be processed as a lien against
the property and in accordance with law.
The Department of Public Works may issue regulations
exempting from total or partial compliance those residential properties
whose sole occupant or occupants are unable to meet the requirements
of this chapter by reason of a physical disability. The process for
claim of physical disability shall be started with and established
through the sole discretion of the Director/Manager of Health and
Social Services, in consultation with the Director of the Department
of Community Development and Director of the Division of Public Works,
Health Officer, Welfare Director or such other person as may be designated
by the Mayor from time to time.
A.
In the event that the owner or possessor of private property or lands shall refuse or neglect to abate or remedy the conditions which constitutes a violation of this chapter, a summons may be issued or signed by any of those officers or members of the municipal organization defined by § 320-35 for violation pertaining to this Chapter 320 of the Code of the Township of Marlboro. In addition, the municipality may cause the condition to be abated and remedied immediately if in his or her opinion the condition uncovered is a community health or safety hazard. Upon the removal of any materials prohibited to be stored or abandoned on land covered by this chapter by or under the direction of any appointed officer or officers of this jurisdiction, in cases where the owner or tenant shall have refused or neglected to remove the same in manner and within five days of receiving notice of violation, such officer/agent shall certify the cost thereof to the municipality, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands and will be added to and become a form and part of the taxes next to be assessed and levied upon said lands. The same shall bear interest at the rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
B.
Each such collection in violation of this chapter
and each day a violation or neglect is committed or permitted to continue
shall constitute a separate offense and be punishable as such.
C.
Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any rule, regulation or directive promulgated pursuant thereto shall be punishable, upon conviction thereof, as provided in § 4-3 of the Code or as permitted by N.J.S.A. 40:69A-29 and/or N.J.S.A. 40:49-5, as may be applicable.[1]
