[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Whenever
the enforcement officer determines that there is or has been a violation
of any provision of this chapter, he shall give notice of such violation
to the person, persons or entities responsible therefor. Such notice
shall be in writing and shall include a concise statement of the reasons
for its issuance. Such notice shall be deemed to be properly and sufficiently
served if a copy thereof is sent by registered or certified mail to
the last known address of the person or entity upon which the same
is served, as shown by the most recent tax lists of the municipality,
or a copy thereof is handed to said person or persons or a copy thereof
is left at the usual place of abode or office of said persons or entities.
Notice shall be given as aforesaid within or without the municipality.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 10 days of the date of service
of such notice (exclusive of the date of service), a summons shall
issue for such violation. The enforcement officer may, at the time
he issues the notice, extend the period for correction of the violation
stated in the notice for a period in excess of the aforesaid 10 days
if, in his judgment, the abatement, removal, prevention, cessation
or cure of the condition violated cannot reasonably be effected within
the ten-day period, and in such cases the enforcement officer shall
state such reasonably required extended period in the notice, which
shall then be applicable instead of the aforesaid 10 days. In the
event that the violation is not abated, removed, cured, prevented
or desisted from or otherwise fully remedied within said ten-day period
or within such extended period as set forth in the notice, a summons
shall then issue against the person, persons, entity or entities so
notified.
B.
Violations of the ground cover height referenced in § 150-11P shall provide for an additional 10 days for the abatement of the violation prior to the issuance of a fine and/or the Borough commencing corrective action.
[Added 10-11-2017 by Ord.
No. 2017-10[1]]
[1]
Editor's Note: This ordinance also provided that it would
take effect 20 days after the first publication thereof after final
passage as provided by law.
[Amended 6-10-1998 by Ord. No. 98-15]
A.
Whenever the enforcement officer finds that an emergency condition
exists such that a building or structure is unfit for human habitation
or occupancy or use, the enforcement officer shall cause to be served
upon the owner of and parties in interest in such building or structure
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the enforcement officer, or his
designated agent, at a place therein fixed not less than seven days
nor more than 30 days after serving of said complaint. 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. The rules of evidence
shall not be controlling in such hearings.
B.
If, after such notice and hearing, the enforcement officer, or his
designated agent, determines that the building or structure 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
the parties in interest an order:
(1)
Requiring the repair, alteration or improvement of said building
or structure 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 said building or structure vacated and closed within the time
set forth in that order; and
(2)
If the building or structure is in such condition as to make it dangerous
to the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve said building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
said order of removal.
C.
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 enforcement officer may cause such building to be repaired, altered
or improved, or to be vacated and closed; the enforcement officer
shall 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."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
If the owner fails to comply with an order to remove or demolish
the building, the enforcement 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
If the enforcement officer is required to act pursuant to Subsection C or D herein, the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken pursuant to this chapter determined in the favor of the Borough of Kenilworth as well as the costs for repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, shall be a municipal lien against the real property upon which such cost was incurred. The enforcement officer shall file with the Tax Assessor or other custodian of the record of tax liens a detailed statement of all costs incurred and shall immediately forward a copy of the same to the owner by registered mail.
F.
Any owner or party in interest may, within 30 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.
G.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the enforcement officer may, after taking such measures as may be
necessary to make such building temporarily safe, seek a judgment
in summary proceedings for the demolition thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
The provisions of §§ 150-13 and 150-14A notwithstanding, if the Borough Construction Official or any subcode official determines that a building or structure is unsafe pursuant to N.J.A.C. 5:23-2.32 of the State Uniform Construction Code (UCC), the provisions of the UCC shall apply, and the enforcing officer shall act in accordance therewith, and the occupant, owner and operator shall have all remedies and rights of appeal as provided therein.
The Zoning Officer, assisted by the Construction Official, Borough
Health Officer and Borough Fire Official, shall be responsible for
enforcement of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any occupant, operator or owner who shall violate any provision
of this chapter shall, except as otherwise provided in this chapter,
be subject for each violation to a fine of not less than $100 nor
more than $500, imprisonment for a term not to exceed six months,
community service not to exceed 90 days or a combination of the foregoing.
Every day that a violation occurs or exists shall be deemed a separate
and distinct violation of this chapter.
[Added 8-27-1997 by Ord.
No. 97-15]
A.
For the purpose of this section, a "habitual offender" shall be defined
as any person found to have violated the provisions of this chapter
two or more times within any twelve-calendar-month period.
