[Adopted 8-17-2016 by Ord. No. 38-2016]
A.
The governing body of the municipality finds and declares that there
are properties located within the community where nuisances exist
and other activities occur which have resulted in the excessive consumption
of municipal services.
B.
The governing body finds and declares that the cost of the excessive
consumption of municipal services relating directly to these nuisance
properties should be paid by the property owner and, if applicable,
the responsible tenant or occupant, and not by the public at large
through taxes.
C.
It is the purpose and intent of these regulations to identify these
nuisance properties and provide for the timely payment of the cost
of the excessive consumption of municipal services through summary
proceedings pursuant to the due process requirements set forth in
this article.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended. Those terms not defined herein shall have the
meaning attributed to them in other provisions in the municipal code:
Any qualifying calls made to a property while that property
is on probationary nuisance status shall constitute excessive municipal
services.
The Director of Licensing and Inspections shall be the hearing
officer for matters as required in this article.
Properties on which activities occur that result in qualifying calls for municipal services during any sixty-day period in excess of the number of such calls shown on the schedule in § 190-9 shall be considered nuisance properties and shall be subject to the penalties and procedures as described in this article.
Probationary nuisance status shall apply to a property during
the twelve-month period beginning on the date of notice that the public
officer has determined that the property has received the requisite
number of qualifying calls within a sixty-day period and during which,
depending on the outcome of a hearing, the property owner and tenant/occupant,
if applicable, shall be liable to the City for user charges for each
qualifying call.
Calls resulting from violations of state or local laws, regulations
or ordinances shall be considered qualifying calls for purposes of
the provisions of this article. The list below is not exhaustive,
and the hearing officer is authorized to determine if any calls for
violations not specifically identified below shall also constitute
a qualifying call. However, calls for permitting, licensing, inspections
or similar administrative functions shall not be considered qualifying
calls. Qualifying calls are calls for violations of any law, regulation
or ordinance relating to;
The sale, service or consumption of alcoholic beverages;
Disorderly conduct, disturbing the peace, littering, or excessive
noise;
Damage to property or injury to a person;
Improperly parking of a vehicle or any motor vehicle violation
on private property;
Possession of a barking, howling, biting or dangerous animal;
Possession, distribution or usage of a controlled dangerous
substance;
Prostitution;
Public urination, defecation or indecent exposure;
Criminal activity; or
City codes, including Property Maintenance, Zoning and Health
violations.
The user fee shall be a fee of $300 for each additional qualifying
call made to the subject property within the twelve-month period following
the date that a complaint is issued for the excessive consumption
of municipal services.
The Director of the Mercantile Office can be someone else, just
not Director of Licensing since he is the hearing officer or his/her
designee(s) is hereby designated as the public officer authorized
to follow the procedures as set forth in this article.
A.
Each department of municipal government providing municipal services
to properties is responsible for keeping and maintaining records detailing
information regarding the municipal services provided, including the
following information:
(1)
The exact location of the subject property;
(2)
The name and address of the property owners and tenants, if known
and applicable;
(3)
The date and the nature of the call and services;
(4)
The nature of the violation or violations;
(5)
The name of each public employee providing the municipal services.
B.
The department of municipal government providing the excessive municipal
services to the subject property shall coordinate its responsibilities
under this article with the public officer responsible for enforcing
these regulations.
Properties on which activities occur that result in qualifying
calls for municipal services during any sixty-day period that exceed
the number indicated on the schedule below shall be considered nuisance
properties and shall be subject to the penalties and procedures as
described in this article:
A.
Residential properties consisting of a one through four dwelling
units: five qualifying calls;
C.
Convenience, grocery, liquor and retail stores: 10 qualifying calls;
D.
Restaurants, bars and adult entertainment establishments: 30 qualifying
calls;
E.
Casino hotels: 200 qualifying calls as a base amount plus an additional
30 qualifying calls for each food or beverage outlet and 10 qualifying
calls for each retail store within the property;
F.
All other properties not specifically identified in this schedule:
10 qualifying calls.
A.
Whenever the public officer shall determine that any property has
become a nuisance property by its consumption of excessive municipal
services, the public officer shall prepare a complaint and summons
setting forth the location of the property and the allegation as to
the excessive use of municipal services, and a notice of hearing setting
forth the date, time and place of the hearing. The complaint shall
also provide notice:
(1)
That the property is on probationary nuisance status for the 12 months
following the date of the complaint;
(2)
That during such probationary nuisance status period, any additional
qualifying calls made to the property shall result in an obligation
for a user fee of $300 per call;
(3)
Specifying the types and dates of qualifying calls made to the subject
property; and
(4)
Of the City's demand for the abatement of the activities resulting
in the qualifying calls.
B.
The complaint and notice of hearing shall be served upon the property
owner and, if a requisite number of qualifying calls involve the same
tenant or occupant on the property, also the tenant or occupant. Service
shall be made personally or by regular and certified mail, return
receipt requested, by mailing the complaint and notice of hearing
to the last known address of such person.
C.
If the whereabouts of the property owner or the tenant/occupant are
unknown and cannot be ascertained in the exercise of reasonable diligence,
then service of the pleadings on such person shall be made as follows:
D.
Whenever an individual dwelling unit within a multifamily dwelling has received five qualifying calls within a sixty-day period, the public officer shall notify the property owner and tenant/occupant, in the same manner as provided in Subsection B and C above, of the fact so that the property owner can take appropriate action to abate the nuisance. This notification shall be made even though the multifamily dwelling has not received the required number of qualifying calls within a sixty-day period which would trigger a notice of violation.
A.
The public officer shall present evidence and testify at the hearing
and may produce witnesses in support of the allegations contained
in the complaint. The property owner and any party of interest shall
have the right to appear at the hearing and testify, produce witnesses,
and be represented by an attorney.
B.
The Director of Licensing and Inspections, acting as hearing officer, shall determine at the hearing whether the subject property received qualifying calls during the subject sixty-day period in excess of that as indicated in § 190-9 for the type of property being considered. If so, the hearing officer shall confirm that the property was on probationary nuisance status from the date of the complaint. If the Director of Licensing and Inspections also finds that there were qualifying calls made to the subject property during the time that the property was on probationary nuisance status, the Director shall so state in his findings and enter an order against the property owner or, if a requisite number of qualifying calls involve the same tenant or occupant on the property, against the owner and each involved tenant/occupant, as follows:
(1)
The Director shall determine the time that the subject property was
on probationary nuisance status;
(2)
The Director shall determine the number of qualifying calls made
to the subject property during that probationary nuisance status period;
and
(3)
The Director shall assess a reasonable cost for the litigation against the property owner to include an administrative fee of $100. He/she shall also assess a user fee of $300 for each qualifying call made to the property during the sixty-day period in excess or the qualifying amount shown on the schedule in § 190-9 herein, which user fee shall be entirely assessed against the property owner unless a requisite number of qualifying calls involve the same tenant or occupant on the property, in which case the user fee shall be divided and assessed, in equal parts, against the owner and each involved tenant/occupant.
(4)
The order shall also indicate that each qualifying call made to the property subsequent to the date of the hearing but within 12 months from the date of the complaint shall be a further violation of this article and the property owner and tenant/occupant, if applicable under the conditions of Subsection B(3) above, shall be liable for a user fee of $300 for each such violation. In the case of a casino hotel property, the order shall indicate that each qualifying call made to the property subsequent to the date of the hearing but within 12 months from the date of the complaint, that is greater than a reasonable baseline number as determined by the Director, shall be a further violation of this article and shall be liable for a user fee of $300 for each such violation. A summons and complaint for a proceeding in the Atlantic City Municipal Court shall be issued in connection with each such subsequent qualifying call, each being a separate violation. The penalty to be imposed upon a finding or plea of guilty to each such violation shall be the required payment of the user fee of $300 by the appropriate party(ies).
(5)
A copy of the order shall be served on the property owner and, if
applicable, tenant and occupant, personally or by regular and certified
mail, return receipt requested, by mailing the order to their last
known address.
(6)
If the whereabouts of the property owner, tenant or occupant cannot
be ascertained in the exercise of reasonable diligence, then service
of the order shall be made on such person as follows:
Upon the failure to comply with the terms of the order for the
payment of money owed to the municipality by any owner of property
against which costs, fee or penalties was assessed in accordance with
the provisions of this article, the total cost established is hereby
assessed as a lien against the subject property. The assessment shall
be collected and the lien may be enforced in the same manner as real
estate tax amounts and liens are assessed, collected and enforced.
Such enforcement of unpaid moneys due under this article shall include
the right by the municipality to revoke, suspend or not issue or renew
municipal licenses or permits related to the subject property in accordance
with N.J.S.A. 40:52-1.2.
Any person aggrieved by an order issued by the Director of Licensing
and Inspections under this article may file an appeal with the New
Jersey Superior Court, Law Division, within 45 days from the date
of the adoption of the resolution in accordance with Rule 4:69 of
the New Jersey Rules of Court.
