The Chief Construction Official of the Township of Washington is hereby designated as the officer in charge of the enforcement of this chapter and is hereinafter referred to as the "enforcement officer." All members of the Police Department and authorized inspectors of the Fire Department and Health Officers and Building Subcode Official, Plumbing Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner for the Department of Community Affairs of the State of New Jersey shall hereafter adopt as part of the State Uniform Construction Code are hereby designated as assistant enforcement officers for the purposes of the enforcement of this chapter.
Whenever the enforcement officer or any assistant enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be in writing, include a statement of the reason why it is being issued and be served upon the owner or occupant of the premises, or the agent of either of them; provided that such notice shall be deemed to be properly served if a copy thereof is served upon such person personally or sent by certified or registered mail to his last known address or posted in a conspicuous place in or about the premises affected by the notice. Such notice shall also state that unless, within 10 days from service of the notice, a written request is made for a hearing before the enforcement officer, said notice shall, at the expiration of such ten-day period, be deemed an order to cease and desist from and to abate the described violation, and such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation. The notice may also contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
If a hearing is requested pursuant to § 360-19 hereof, it shall be commenced not later than 10 days after request therefor is made; provided that for good cause the enforcement officer may postpone such hearing for a reasonable time. If, after hearing, the enforcement officer finds that no violation exists, he shall withdraw notice. If he finds that a violation does exist, he shall enter and issue an order requiring the abatement of same within a prescribed reasonable time. The proceedings at such hearing, including the findings and decision of the enforcement officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the enforcement officer.
At any hearing held before the enforcement officer pursuant to the provisions of this chapter, the enforcement officer shall be vested with all the powers provided by law to issue subpoenas to compel the attendance of witnesses and parties in interest and to require the production of books, records and other documents which may be pertinent to matters to be determined by the enforcement officer.
Whenever the enforcement officer finds that an emergency exists which requires immediate attention to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the enforcement officer shall be afforded a hearing as soon as possible. After such hearing, the enforcement officer shall continue such order in effect or modify or withdraw it.
Notwithstanding the provisions of § 360-19 hereof, the enforcement officer may, at his election, prosecute violations of any section of this chapter involving public health or public safety, without notice, by the filing of a complaint with the Clerk of the Municipal Court of the Township of Washington.
[Amended 6-3-1985 by Ord. No. 85-5]
Any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punished as provided in § 1-1 of Chapter 1, General Provisions. Each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
[Added 3-22-2010 by Ord. No. 10-01]
In addition to the foregoing provisions regarding violations and penalties, and without limiting or impairing all other remedies available to the Township at law or in equity, including, but not limited to, actions and proceedings in any court of competent jurisdiction or before any agency having authority over such matters, a lien on any property within the Township may be recorded in the amount of any and all administrative expenses and any and all expenditures for work performed by the Township or its agents or designees in order to maintain such property and/or abate the violation, such lien to be entered upon the tax record of such property in accordance with the following procedure:
A. 
The enforcement officer or the assistant enforcement officer shall determine the amount of any and all administrative expenses and any and all expenditures for work performed by the Township or its agents or designees in order to maintain such property and/or abate the violation, and shall prepare a certificate of such amount (the "lien certificate").
B. 
The lien certificate shall be submitted to the Township Council for its review, and the Township Council may inquire into any item included in the lien certificate. Upon approval of the lien certificate by the Township Council, it shall adopt a resolution authorizing the Township Chief Financial Officer to take all appropriate action to impose on the subject property a municipal lien in the amount of the lien certificate, whereupon such amount shall become a municipal lien on such property, and said amount shall be added to and become and form a part of the real estate taxes assessed and levied upon said property, the same to bear interest at the same rate as real estate taxes, and to be collected and enforced by the same officers and in the same manner as real estate taxes.
C. 
The fact that a tenant or other temporary lessee may have been the cause of the violation giving rise to a municipal lien hereunder shall be of no consequence, inasmuch as the Township finds that the record owner of the property is ultimately responsible for compliance with Township ordinances.
D. 
Administrative expenses in the lien certificate may include, but shall not be limited to, the cost of investigation of the violation, the cost of filing legal papers to abate or cure the violation, expert witness fees, search fees, engineering expenses, and advertising charges.