The Township Administrator, or the Township
Committee if there is no Administrator, 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 direction
and supervision. He 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.
All buildings and premises within the Township
covered by this code shall be subject to inspection from time to time
by the public officer to determine the condition thereof, in order
that he may perform his duty of safeguarding the health and safety
of the persons occupying the same and of the general public. For the
purpose of making such inspections, the public officer is hereby authorized
to enter, examine and survey at all reasonable times all such premises;
provided, however, that such entries are made in such manner as to
cause the least possible inconvenience to the persons in possession.
If the public officer is denied the right of inspection he may, upon
affidavit, apply to the Municipal Court or such other court of competent
jurisdiction for a search warrant to permit entry into the premises
in question.
A.Â
Where a violation of this code is found to exist,
a written notice from the public officer shall be served on the person
or persons responsible for the correction thereof.
B.Â
Content of notice. The notice shall specify the violation or violations committed; what must be done to correct same; a reasonable period of time, not to exceed 30 days, to correct or abate the violation; the right of the person served to request a hearing; and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection D. The notice shall also advise the recipient that if the violation is not corrected or abated, the municipality may do same, the cost of which shall become a lien on the subject property.
C.Â
Service of notice. Notice may be served personally
on an owner, operator or occupant or agent for the owner or operator.
Service may also be made by certified mail, return receipt requested,
to the last known address of the person or by posting the notice in
a conspicuous place upon the premises. Where the notice is directed
to an occupant, service may also be made by posting same on the door
or entrance to the area he occupies.
D.Â
Notice to become order unless hearing requested. Ten
days from the date of service of a notice, the notice shall constitute
a final order unless any person affected by the notice requests a
hearing thereon and serves a written request within the ten-day period
in person or by mail on the public officer. Such request for a hearing
shall set forth briefly the grounds or reasons on which the request
for a hearing is based and the factual matters contained in the notice
of violation which are to be disputed at the hearing. The public officer,
upon receipt of the request, shall, within 30 days therefrom and upon
five days' notice to the party aggrieved, set the matter down for
hearing.
E.Â
Determination at hearing. At any hearing provided
hereunder, the public officer shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoena, to require by subpoena
the production of books, records or other documents at any such hearing
which may be pertinent to matters to be determined by him and to enforce
any such subpoena or secure any order for the enforcement of any such
subpoena as provided by law. A determination shall be made within
10 days from the completion of the hearing. The public officer shall
issue an order either incorporating the determinations and directions
contained in the notice, modifying the same or withdrawing the notice.
F.Â
Extensions of time. The public officer may extend
the time for correction or abatement of the violations for an additional
period of time not to exceed 30 days, except where major capital improvements
or renovations are involved, in which instance the time for completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice.
G.Â
Abatement in emergency. Where the violation or condition
existing on the premises is of such nature as to constitute an immediate
threat to life and limb unless abated without delay, the public officer
may either abate the violation or condition immediately or order the
owner, operator or occupant to abate the violation or condition within
a period of time not to exceed three days, and upon failure to do
so, the public officer shall abate the condition immediately thereafter.
H.Â
Cost of abatement to be lien against premises. Where
abatement of any nuisance, as defined herein, correction of a defect
in the premises or the maintenance of the premises in a proper condition
so as to comply with the requirements of any municipal ordinances
or state law applicable thereto, requires expending Township moneys
therefor, the public officer shall present a report of the work proposed
to be done to accomplish the foregoing to the Township Committee,
with an estimate of the cost thereof along with a summary of the proceedings
undertaken by the public officer to secure compliance, including notices
served upon the owners, operation, lessors or agents, as the case
may be, hearings, and order of the public officer with reference thereto.
The Township Committee may thereupon by resolution authorize the abatement
of the nuisance, correction of the defect, or work necessary to place
the premises in proper condition and in compliance with ordinances
of the Township and laws of the state. The public officer may thereafter
proceed to have the work performed in accordance with said resolution
at Township expense not to exceed the amount specified in the resolution
and shall, upon completion thereof, submit a report of the moneys
expended and costs to the Township Committee. After review of the
same, the Township Committee may approve said expenses and costs,
and they shall become a lien against said premises and shall be added
to and become and form a part of the taxes 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 in the same manner as are taxes.
A copy of the resolution approving said expenses and costs shall be
certified by the Township Committee and filed with the Tax Collector,
and a copy of this report and resolution shall be sent by certified
mail to the owner.
I.Â
Extension of time where dispossess action undertaken.
Where there exists a violation of this code, an owner or operator,
upon receipt of a notice of violation, if unable to eliminate the
violation by peaceable means within the period of time specified in
said notice, shall commence within such period legal action to dispossess,
evict or eject the occupants who cause the violation. No further action
hereunder shall then be taken against the owner or operator so long
as the action aforesaid is pending in the court and is prosecuted
expeditiously and in good faith.
J.Â
Where notice and hearing not required prior to court proceedings. Notwithstanding the requirements of Subsections A through E, violations of § 287-9A may be prosecuted without notice by filing of a complaint by the public officer in the Municipal Court. No notice shall be required on the enforcement of § 287-9A hereof as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where such snow or ice remains uncleared within 24 hours after the termination of the snowfall.
K.Â
Effect of notice to owner. For the purposes of enforcement
of this code, the service of a notice on an owner, whether or not
the owner is also the operator, shall constitute notice of violations
set forth therein until said violations are abated in conformity with
this code and the other applicable ordinances of the Township.
