Township of Moorestown, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Moorestown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for Code violations — See Ch. 66.
Garbage and rubbish generally — See Ch. 92.
Recycling — See Ch. 140.
[Adopted 6-27-1988 by Ord. No. 1421]
[Amended 9-14-2009 by Ord. No. 22-2009; 4-27-2015 by Ord. No. 8-2015[1]]
The purpose of this article is designed to protect the public safety, health and general welfare of the residents of Moorestown by establishing minimum standards governing appearance, condition and occupancy of residential and nonresidential premises; to avoid, prevent and eliminate the maintenance or creation of hazards to the public; to prevent the creation, continuation, extension or aggregation of blight; to prevent and eliminate conditions on property which constitute nuisances and potential dangers to the life, health or safety of persons on or near the premises on which such conditions exist; to establish minimum standards governing the maintenance and condition of land and premises within the Township; to fix responsibility and duties upon owners, lessees, lending institutions, mortgage holders, operators and occupants of property; and to provide for enforcement, administration and for penalties. The Township further finds that the reduction of litter upon public or private property is an important concern and is necessary to implement its own requirements, as well as the requirements of the New Jersey Department of Environmental Protection’s Clean Communities Program.
[1]
Editor’s Note: This ordinance also changed the title of this chapter from “Littering” to “Property Maintenance.”
[Amended 9-14-2009 by Ord. No. 22-2009]
As used in this article, the following terms shall have the meanings indicated:
FRONT YARD
That space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the front yard shall be measured along a line perpendicular to the front street from the point furthest to the foundation of the structure or building furthest from such street line.
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, including but not limited to any bottle, jar or can or any top, cap or combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of tree farming, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
NUISANCE
The following conditions, individually or in combination:
A. 
Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Township of Moorestown.
B. 
Any condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons near or passing within the proximity of the premises on which such condition exist.
C. 
Any premises which are unsanitary or which container litter, refuse, rubbish or garbage or which have an uncontrollable growth of weeds, shrubs, trees or vegetation injurious to the health and safety of persons at, adjacent to, adjoining or passing by the premises.
D. 
Any growth of grass or weeds which exceeds six inches when measured from the ground to the top of the growth.
OCCUPANT
Any person residing, living or sleeping in or on the premises or having actual possession or use of the premises or any part thereof, whether or not the owner thereof, and regardless of the duration of time of such possession or use.
OPERATOR
Any person, persons or entity who is not the owner, but who has charge, care or control of a premises or part thereof with or without the knowledge, consent or authority of the owner.
OWNER
Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.A.C. 46:10B-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity determined by the Township to have authority to act with respect to the property.
[Amended 4-27-2015 by Ord. No. 8-2015]
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
REAR YARD
The required open space, the full width of the lot, extending along the rear boundary line or property line of the lot; provided, however, that the following encroachments are permitted: overhanging eaves, gutters or cornices, steps and the exterior portion of a chimney foundation, limited to a maximum encroachment of 36 inches in depth.
SIDE YARD
The required open space from the front yard to the rear yard on the lot extending along the side boundary line or property line of the lot; provided, however, that the following encroachments are permitted: overhanging eaves, gutters or cornices, steps and the exterior portion of a chimney foundation, limited to a maximum encroachment of 36 inches in depth.
VACANT PROPERTY
Any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of abandoned property in N.J.S.A. 55:19-80; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in habitable condition, and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this article.
[Added 4-27-2015 by Ord. No. 8-2015]
[Added 4-27-2015 by Ord. No. 8-2015[1]]
A. 
Registration. Effective immediately, the owner of any vacant property as defined herein shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Township Clerk on forms provided by the Township Clerk for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
(1) 
Each property having a separate block and lot number as designated in the official records of the municipality shall be registered separately.
(2) 
The registration statement shall include the name, street address, telephone number, and e-mail address (if applicable) of a person 18 years or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code; and the name, street address, telephone number, and e-mail address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
(3) 
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection D of this section for each vacant property registered.
(4) 
The annual renewal shall be completed by January 1 each year. The initial registration fee shall be prorated for registration statements received less than two months prior to that date.
(5) 
The owner shall notify the Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Clerk for such purpose.
(6) 
The registration statement shall be deemed prima facie proof of the statement therein contained in any administrative enforcement or court proceeding instituted by the Township against the owner or owners of the building.
B. 
Access to vacant properties. The owner of any vacant property registered under this article shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or designated agent. Such inspections shall be carried out on weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the Township.
C. 
Responsible owner or agent.
(1) 
An owner who meets the requirements of this article with respect to the location of his or her residence or workplace in the State of New Jersey may designate himself or herself as agent or as the individual responsible for maintaining the property.
(2) 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforcement code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has consent to the continuation of the agent's designation for the purposes of this section until the owner notices the Township of Moorestown, in writing, of a change of authorized agent or until the owner files a new annual registration statement.
(3) 
Any owner who fails to register vacant property under the provisions of this article shall further be deemed to consent to receive, by posting on the building, in plain view, and by service of notice at the last known address of the owner of the property on record within the Township of Moorestown by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
D. 
Fee schedule. The initial registration fee for each building shall be $500. The fee for the first renewal is $1,500, and the fee for the second renewal is $3,000. The fee for any subsequent renewal beyond the second renewal is $5,000.
Vacant Property Registration Fee Schedule
Initial registration
$500
First renewal
$1,500
Second renewal
$3,000
Subsequent renewal
$5,000
E. 
Requirements of owners of vacant property. The owner of any building that has become vacant property, and any person maintaining or operating or collecting rent for any such building that has become vacant shall, within 30 days thereof:
(1) 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Township of Moorestown Code, or as set forth in the rules and regulations supplementing those codes; and
(2) 
Secure the building from unauthorized; and
(3) 
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, rights-of-way, alleys, retaining walls, attached or unattached accessory structures and driveways, are well maintained and free from trash, debris, loose litter, and grass and weed growth; and
(4) 
Continue to maintain the structure in a secure and closed condition and keep the grounds in a clean and well maintained condition.
F. 
Violations.
(1) 
Any person who violates any provisions of this section of the rules and regulations issued hereunder shall be fined not less than $100 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property.
(2) 
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days or receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein, shall be deemed to be violations of this article.
[1]
Editor's Note: The incorporation of this ordinance also redesignated former §§ 103-3 through 103-13 as §§ 103-5 through 103-16, respectively.
[Added 4-27-2015 by Ord. No. 8-2015]
A. 
Public Officer designated. The Public Officer, charged with the responsibility for identifying abandoned properties and giving notice as set forth in N.J.S.A. 55:19-82, shall be that officer designated by the Manager pursuant to N.J.S.A. 55:19-80. The abandoned properties so identified shall include any properties found unfit for occupancy.
B. 
Duties of Public Officer.
(1) 
The Public Officer shall identify all properties within the municipality which are deemed abandoned pursuant to N.J.S.A. 55:19-78 et seq.
(2) 
Each item of abandoned property shall be identified by tax block and lot number, the name of the owner of record (if known), and the street address of the lot.
(3) 
Upon identification of abandoned property, the Public Officer shall create and maintain a list of such property to be called the "Abandoned Property List." Properties may be added to the list at any time or deleted from the list at any time the Public Officer finds that the property no longer meets the definition of an abandoned property. An interested party may request that a property be included on the abandoned property list following the procedure set forth in N.J.S.A. 55:19-105.
(4) 
An abandoned property shall not be included on the Abandoned Property List if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of the rehabilitation work authorized by those permits. A property on which an entity other than the municipality has purchased or taken assignment from the municipality of a tax sale certificate, which has been placed on the Abandoned Property List, may be removed from the list in accordance with the provisions of N.J.S.A. 55:19-103. Notwithstanding the foregoing, a property deemed unfit shall be subject to an order setting forth a specific time within which the repair, alteration or improvement of such unfit structure shall be made.
C. 
Additional duties of Public Officer; notice.
(1) 
The Public Officer, within 10 days of the establishment of the abandoned property list, or any additions thereto, shall send a notice, by certified mail, return receipt requested, and by regular mail, to the owner of record of every property included on the list and shall cause the list to be published in the official newspaper of the municipality, which publication shall constitute public notice. The published and mailed notices shall identify the property determined to be abandoned, setting forth the owner of record (if known), the tax lot and block number, and street address. The Public Officer, in consultation with the Tax Collector, shall also send out a notice by regular mail to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill pursuant to Subsection d of N.J.S.A. 54:4-64. When the owner of record is not known for a particular property and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed but instead shall be posted on the property in the manner provided in N.J.S.A. 40:48-2.7. The mailed notice shall indicate the factual basis for the Public Officer's finding that the property is abandoned property, as that term is defined in N.J.S.A. 55:19-81, and the rules and regulations promulgated thereunder, specifying the information relied upon in making such finding. In all cases, a copy of the mailed or posted notice shall also be filed by the Public Officer in the office of the Burlington County Clerk. This filing shall have the same force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6.
(2) 
The Public Officer shall seek reimbursement for the postage costs and search fees associated with providing notice in accordance with Subsection C(1) of this section from the authority (as defined in N.J.S.A. 40:48-2.4), or its subsidiaries, in accordance with procedures and rules promulgated by the Department of Community Affairs.
D. 
Criteria for the determination of abandonment.
(1) 
Any property that has not been legally occupied for a period of six months and meets any one of the following criteria, as determined by the Public Officer, may be deemed abandoned:
(a) 
The property is in need of rehabilitation in the judgment of the Public Officer and no rehabilitation has taken place during the six-month period;
(b) 
Construction was initiated on the property and then discontinued for a period of at least six months, leaving the building unsuitable for occupancy;
(c) 
At least one installment of real property tax remains unpaid or delinquent; or
(d) 
The property has been determined to be a nuisance pursuant to N.J.S.A. 55:19-82.
(2) 
A property which contains both residential and nonresidential space may be considered abandoned so long as 2/3 or more of the net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months and otherwise meets the criteria of either subsection above.
(3) 
Notwithstanding the foregoing, a property shall not be placed on the Abandoned Property List if an entity other than the municipality has purchased a tax sale certificate with respect to the same and the owner of the certificate has continued to pay all municipal taxes and liens on the property in the year when due and the owner of the certificate has taken action to initiate foreclosure proceedings within six months after the property is eligible for such action and diligently pursues the same. In addition, a property used on a seasonal basis shall not be deemed abandoned unless it meets two of the additional criteria set forth in Subsection D(1) above.
E. 
Options for enforcement by the municipality. The Public Officer may, as appropriate and in the discretion of the Public Officer, proceed to obtain repair, alteration, improvement, or demolition of a property on the Abandoned Property List, including those deemed unfit for occupancy, pursuant to either the provisions authorized by N.J.S.A. 40:48-2.3 et seq., as implemented by this chapter of this Code or as authorized by N.J.S.A. 55:19-54 through 55:19-59 and N.J.S.A. 55:19-78 through 55:19-107 as set forth below. Pursuant to the provisions of N.J.S.A. 55:19-82, a property determined by the Public Officer to be a nuisance under the provisions of Subsection 82 of the statute shall be subject to the notice provisions of this chapter.
F. 
Remedies available under the "Abandoned Properties Rehabilitation Act." The Public Officer shall have all of the powers available to the municipality, its agents, servants and employees, under the Abandoned Properties Rehabilitation Act (N.J.S.A. 55:19-78 et seq.). Specifically, the Public Officer may:
(1) 
When the owner or party in the interest has failed to submit or initiate a rehabilitation plan, bring a summary action in Superior Court to transfer possession and control of the property to the municipality for the development of such a plan. Upon being granted possession and control, in addition to adopting a rehabilitation plan, the municipality may commence and maintain further actions to conserve, protect or dispose of the property, recover costs and expenses of the rehabilitation, and if owner does not apply for reinstatement of control as provided for by N.J.S.A. 55:19-92, sell the property as directed by the court.
(2) 
After filing a notice of intent to take control of the property pursuant to N.J.S.A. 55:19-86, enter onto the property as provided for in Subsection C of this section of the statute in order to inspect, secure, stabilize, or repair the property for purposes of preparing a rehabilitation plan.
(3) 
Upon a proper showing to the court, seek to obtain title to the property or sell same with the proceeds of such transaction to be distributed, in the following priority, for:
(a) 
The costs and expenses of sale;
(b) 
Other government liens;
(c) 
Repayment to the municipality for any borrowing or indebtedness granted priority lien status pursuant to N.J.S.A. 55:19-98;
(d) 
A reasonable development fee to the municipality consistent with the standards established by the Department of Community Affairs or N.J. Housing and Mortgage Finance Agency for rehabilitation programs;
(e) 
Other valid liens and security interests in accordance with their priority; and
(f) 
The owner.
(4) 
With approval of the court, place a lien on the property to cover the costs of proceeding under this article and N.J.S.A. 55:19-78 et seq.
G. 
Additional powers available to the municipality. In addition to those powers set forth above, the municipality may proceed to tax sale on the property pursuant to N.J.S.A. 55:19-56, designate a qualified rehabilitation entity to act on behalf of the municipality in rehabilitating the property, borrow funds to facilitate the powers given to the municipality in rehabilitating the property, borrow funds to facilitate the powers given to the municipality under the law and seek priority lien status for such borrowings. The purpose of this section is to provide the municipality with all powers granted to it by the legislature under N.J.S.A. 40:48-2.3 et seq., N.J.S.A. 55:19-54 et seq., and N.J.S.A. 55:19-78 et seq., which are incorporated herein and made a part hereof.
H. 
Additional notice required. Notice of violations of property maintenance, building or other property codes for and any property declared vacant and abandoned pursuant to this section shall be given to a foreclosing creditor pursuant to the applicable notice procedures as required by P.L. 2014, c. 35.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s.
I. 
Creditor responsibility. Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the Public Officer pursuant to the provisions of this section of the Code of the Township of Moorestown, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.
J. 
Notice to creditor; time to correct violations. If the public officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this section, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and compliant to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
K. 
Designated representative of out-of-state creditor; violation. An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided to the municipal clerk pursuant to Paragraph (1) of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period set forth in Paragraph (1) of N.J.S.A. 46:10B-51 with respect to notifying the municipal clerk that an action to foreclose on the property has been filed.
L. 
Violations and penalties. Any person, firm, corporation or entity violating any provision of this section shall, upon conviction, be punishable as provided for in this section of this Code. A creditor required to care, maintain, secure and keep up a property under this section cited in a notice issued shall be subject to a fine of $1,500 for each day of the violation.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such as that, at a minimum, there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools and government buildings; parks, drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles so that adequate containers are available.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any property owner to store or permit the storage of any bulky household waste, including but not limited to household appliances, furniture and mattresses, except in a fully enclosed structure.
It shall be unlawful for any property owner to store or to permit the storage of tires on a residential property, except in a fully enclosed structure.
It shall be unlawful for any property owner to park or permit the parking of any motor vehicle on his or her residential lawn.
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage or refuse.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[Added 9-24-1990 by Ord. No. 1548-90; amended 9-14-2009 by Ord. No. 22-2009]
The following standards for maintenance of a premises shall be the minimum conditions for maintenance for each and every premises within the Township of Moorestown. It shall be a violation of this property maintenance code for any owner, operator or occupant to allow or permit any premises owned, operated or occupied by such person or entity to fail to comply with each of the following standards. It shall further be a violation of this property maintenance code for any owner, operator, or occupant to occupy or, as an owner, operator, or occupant, to permit or allow another to occupy or use premises which do not comply with the following standards:
A. 
All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition free from accumulation of litter.
B. 
All areas shall be kept free from weeds or plant growth which is noxious, dangerous or detrimental to the public health and safety.
C. 
It shall be unlawful for any property owner to permit any grass, weeds, bushes or other vegetation to become overgrown. Grass and weeds shall be kept trimmed to a height of six inches or less at all times.
[Added 7-11-2011 by Ord. No. 11-2011]
D. 
The exterior of all premises shall be kept free of the following materials and conditions:
(1) 
Animal excrement.
(2) 
Nuisances as described herein.
(3) 
Litter as described herein.
(4) 
Infestation as described herein.
[Amended 9-14-2009 by Ord. No. 22-2009]
The provisions of this article shall be enforced by the Township Manager or one of more enforcement officers designated by the Township Manager with authority to enforce the provisions of this article.
A. 
Said enforcement officer shall be officers and employees of the Township of Moorestown.
B. 
Whenever a Township official charged with enforcement of this article determines that there is or has been a violation of any provision of this article, he or she shall give notice of such violation to the person, persons or entities listed as owners of the subject property on the records of the Township Tax Assessor in accordance with Subsection C set forth below and to any known operator or occupant. The notice shall direct that the violation be removed, abated, cured, prevented or remediated within 10 days of the date of service of said notice, exclusive of the date of service, or summons issued for such violation. In the event that the violation is not abated, removed, cured, prevented or remediated from or otherwise fully remedied within the specified period as set forth in the notice, a summons may be then filed in the Municipal Court of the Township of Moorestown against the person, persons, entity or entities so notified.
C. 
Service of notice.
(1) 
In the event of a violation of this article, notice of said violation shall be served upon the property owner, operator and occupant of the premises as determined from the records of the Township Tax Assessor and other reliable sources of information, either personally or by mail. In the event of service by mail, it shall be made by registered or certified and by regular mail. Service by regular mail shall be considered valid. If all of the mailings are returned undeliverable, service shall be accomplished by posting the notice at the subject property.
(2) 
Service may also be made by personal service of notice upon the owner, operator or occupant or upon a member of the family of the owner over 14 years of age residing in the same dwelling as the owner, operator or occupant.
D. 
Emergency situations. Where the violations or conditions that exist on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Township Manager, or his designee, or the Township Director of Public Works may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed 48 hours. Upon failure to do so, the Township Manager, or his designee, or the Director of Public Works may abate the condition immediately.
[Added 9-14-2009 by Ord. No. 22-2009]
In the event that the owner of the subject property does not abate the violation within the time set by the Township Manager, or his designee pursuant to § 103-12B of this article, in addition to any other penalty, the Township Manager or his designee may abate the violation. Upon completion of the work, the Township Manager or his designee shall present to the Township Council a report of the work and all costs associated therewith, along with a summary of the proceedings undertaken to secure compliance, including notices served upon the owner, operator and occupant of the subject property. The Township Council may thereupon, by resolution, approve the amount of costs expended in the abatement of the violation, whereupon the same shall become a lien against the subject property, collectible as provided by law. A copy of the resolution approving the amount of costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township of Moorestown, who shall be responsible for collection of costs, and a copy of the resolution shall be mailed to the owner of the subject property by certified and regular mail.
[1]
Editor's Note: Former § 103-13, Violations and penalties, was repealed 3-20-2006 by Ord. No. 5-2006. See now Ch. 66, Penalties for Code Violations.