[Adopted 8-8-2016 by Ord. No. O:22-2016]
The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police or Fire Chief, and the Emergency Management Coordinator, shall order the necessary work to be completed, including the boarding up of openings or any other necessary measures, to render such structure or premises temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Enforcement Officer or the Property Maintenance Inspector deems necessary to resolve an emergency situation.
For the purposes of this section, the Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police or Fire Chief and the Emergency Management Coordinator, shall employ the necessary labor and materials to perform the required work as expeditiously as possible. The emergency repairs under this chapter shall only be undertaken if there is eminent danger to the inhabitants of the Township.
The costs of the emergency repairs shall be billed to and paid by the owner of the premises. If the property owner or mortgagee does not reimburse the municipality for the costs of temporarily securing the property, or of any abatement directed by the Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police or Fire Chief, within 30 calendar days of the municipality sending the responsible party the notice of the costs of services by certified and regular mail to their legal address as set forth on the tax records of the municipality, then the Solicitor on behalf of the Township of Monroe shall institute appropriate action against the owner or mortgagee of the premises where the unsafe structure is or was located for the recovery of the costs incurred in the performance of the emergency work as well as a lien being placed on the property with such costs along with an administrative fee of $250 to recover the administrative personnel services. The implementation of this section will be handled by a Township Official and/or Administrator appointed on an annual basis by the Mayor with the advice and consent of Township Council.
Any person ordered to take emergency measures shall comply with such order immediately. Any affected person who desires a hearing shall thereafter, upon petition directed to the Gloucester County Construction Board of Appeals, be afforded a hearing before the Appeals Board as described in this Code.
A. 
Unlawful acts.
(1) 
It shall be unlawful for any person, firm or corporation to create or maintain a public nuisance as defined within, or to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any structure or equipment regulated by this Code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this Code, or to fail to obey a lawful order of the Property Maintenance Inspector, the Chief of Police or Fire Chief or any official designated in this article or to remove or deface a placard or notice posted under the provisions of this Code.
B. 
Penalties.
(1) 
Any person, entity, firm, corporation or group cited for a violation of a provision of this Code:
(a) 
May be subject to a fine of up to $1,000 for each occurrence. Each day of a continuing violation constitutes a separate offense.
C. 
Liens.
(1) 
Upon notice to the property owner and/or mortgagee for failure to pay the costs, penalties and/or complete any specific remediation as directed by a representative of the Township of Monroe may result in a lien being placed against the property or other legal action as deemed appropriate by Township.
In case of any unlawful acts the Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, shall institute an appropriate action or proceeding at law to exact the penalty provided in § 104-54. The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, shall request the Township's Solicitor to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
A. 
To restrain, correct or remediate the violation or refrain from any further execution of work;
B. 
To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
C. 
To require the immediate work to be commenced to remediate the violation; or
D. 
To prevent the occupancy of the structure that is not in compliance with the provisions of this Code and the New Jersey Uniform Construction Code (N.J.A.C. 5:23 et seq.)
Any person who has been issued a notice of violation under § 104-53 of this Code and fails to comply with the notice of violation may be issued a complaint by charging a violation of this Code. The complaint shall be filed with the Municipal Court. The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, shall file a complaint with the Municipal Court of Monroe Township or any other court of competent jurisdiction.
The Municipal Court summons may be issued concurrently with the administrative process described in § 104-50.1. of this Chapter.
Duties and powers of the Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator are as described below.
The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator shall enforce all of the provisions of this Code. The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, shall consult with the Animal Control Official and/or County Health Official and/or other individuals, if necessary, to enforce the provisions of this Code outside the jurisdiction of this Code as well as the Tax Collector, Township Business Administrator and Township Solicitor regarding any liens imposed.
The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator shall issue all necessary notices or orders to ensure compliance with this Code.
The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator shall be appointed by resolution of the Township Council as directed by the Mayor annually, as to who may enforce ordinance.
Prior to entering into a space not otherwise open to the general public, the Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator, shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator are authorized, with permission, to enter the structure or premises at reasonable times to inspect. If requested entry is refused or not obtained, the Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator shall pursue any legal remedies as provided by law.
Every occupant of a structure or premises shall give the owner or operator thereof, or its agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Code.
The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator shall carry proper Township identification when inspecting structures or premises in the performance of duties under this Code.
An official, inspector, deputy or employee connected with the enforcement of this Code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer, inspector, deputy or employee engage in any work that conflicts with official duties or with the interests of the department; nor shall such officer, inspector, deputy or employee use their position for financial, professional or personal gain.
The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator or employee charged with the enforcement of this Code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the Township until the final termination of the proceedings. The Code Enforcement Officer, Zoning Officer, Construction Code Enforcement Officer or their designees, not limited to the Property Maintenance Inspector, the Chief of Police and Fire Chief, and the Emergency Management Coordinator or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this Code; and any officer of the Department of Building Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. The official shall be afforded all the rights and protections afforded under Title 59 of the New Jersey Statute.
An official record shall be kept of all business and activities of the department specified in the provisions of this Code. All such records are subject to public review as directed pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.
Any contract may be negotiated or awarded for a contracting unit without public advertising for bids and bidding therefor, notwithstanding that the contract price will exceed the bid threshold, when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services; provided that the awarding of such contracts is made in the following manner:
A. 
The official in charge of the agency wherein the emergency occurred, or such other officer or employee as may be authorized to act in place of that official, shall notify the Business Administrator or a designated representative of the governing body, as may be appropriate to the form of government, of the need for the performance of a contract, the nature of the emergency, the time of its occurrence and the need for invoking this section. If that person is satisfied that an emergency exists, that person shall be authorized to award a contract or contracts for such purposes as may be necessary to respond to an emergency identified by the officials noted in this article. Such notification shall be reduced to writing and filed with the purchasing agent as soon as practicable.
B. 
Upon the furnishing of such goods or services, in accordance with the terms of the contract, the contractor furnishing such goods or services shall be entitled to be paid therefor and the contracting unit shall be obligated for said payment. The governing body of the contracting unit shall take such action as shall be required to provide for the payment of the contract price.
C. 
The Director of the Division of Local Government Services in the Department of Community Affairs shall prescribe rules and procedures to implement the requirements of this section.
D. 
The governing body of the contracting unit may prescribe additional rules and procedures to implement the requirements of this section, including but not limited to appointing a Township Official or Administrator to oversee the files and billing procedure and document recording.
E. 
Emergency labor cost fee table can be found in Chapter 74, Fees.
F. 
The Mayor shall approve up to six certified contractors annually for emergency service work with the consent of Township Council by resolution on a yearly basis. Said contractors must have Township approval to operate their business, as well as state licensing. They need to be insured, bonded and available 24 hours per day. They must be staffed to accommodate all aspects of the emergency work listed in Subsection G below. Any emergency work outside of the standard work list in Subsection G shall need the Manager's approval prior to the commencement of work. The approved contractors' company will be placed alphabetically on the list and the emergency work to be performed by the contractors shall be on a rotating basis. If necessary, there shall also be a separate list for landscapers to perform emergency services under this chapter. All contractors approved for said list must meet the qualifications as required under Subsection D.
G. 
Standard emergency work:
(1) 
Lawn maintenance:
(a) 
Initial grass cuts.
(b) 
Initial grass cuts should be performed on lots up to 15,000 square feet. If lot size is greater than 15,000 square feet, initial full lot and subsequent cuts and initial perimeter cuts should be submitted simultaneously. Grass cuts must be submitted for the entire season. Perimeter is defined as 100 by 150 or 15,000 square feet.
(2) 
Incidental debris removal is included as part of the allowable grass cut as well as edging, minimal leaf removal and clearing of all grass cut clippings. The yard and its surroundings should be in compliance upon completion of the yard maintenance.
(3) 
Tree and shrub trimming should be approved upon submission of a proposal, an outline of the work and the description of the emergency and cost to perform the work before being approved by the Township Manager.
(4) 
Grass cut schedule will be from April 1 to October 31 of each calendar year, unless condition requires further action.
(5) 
Winterization:
(a) 
All properties should be winterized between October 1 and March 31 of each calendar year. Properties should be winterized only once per year. The property may be re-winterized only if the initial winterization is deemed to be no longer effective. Emergency services include shutting water supply off, complete draining of all plumbing and heating systems.
(6) 
Emergency repairs:
(a) 
The most important element to defining an emergency is that an immediate response is necessary to prevent damage or lessen the loss of property. Gradual and progressive deterioration does not qualify as emergency. Emergency repairs shall be completed due to public safety, health and welfare determined by the designated officials of Monroe Township.
(7) 
Personal property:
(a) 
The servicer may remove personal property when a public safety, health and welfare issue is deemed necessary by the designated officials. This includes house cleanouts left on the property or at the curb, vehicles, boats, recreational vehicles, and trailers, motorcycles, building materials, clothing, furniture, lawn and garden equipment. The disposal of the work is to be taken to the landfill at the contractors' expense and a receipt and photos of the same shall be attached to the invoice submitted to the Township for reimbursement. Prior to the removal of any personal property, all efforts shall be made to contact the last occupant or owner of the property.
(8) 
Roof repair:
(a) 
When an active leak is discovered at a property, appropriate measures should be taken to preserve the property by stopping the leak; this does not include roof replacement, and flat roofs shall not be tarped.
(9) 
Tarping and patchwork:
(a) 
This type of repair may only be utilized when necessary.
(10) 
Boarding:
(a) 
Properties shall be boarded up when a public safety, health and welfare issue is confirmed by the designated official deems necessary. Properties will be boarded per the Property Maintenance Code and photos shall accompany the invoice along with a detailed description of the work done per cost.
(11) 
Lock changes and securing:
(a) 
Servicers are required to secure rear or secondary doors on vacant and abandoned properties, including main dwelling and outbuildings.
(12) 
Health and safety:
(a) 
Refrigerator/freezer. This article allows for the cleaning including the removal of all perishables from both the refrigerator and freezer sections and a wipe down of the appliance's interior and exterior.
(13) 
Toilet/bathroom:
(a) 
This article allows for the cleaning and/or replacement when fecal matter is present. The allowable costs include toilet brush, wiping down exterior and winterizing if in season.
(14) 
Gas/water:
(a) 
Bare wires and uncapped or open gas/water lines are required to be capped regardless of utility status.
(15) 
Fuel removal:
(a) 
This article allows for the removal of gas can(s), propane tank(s), grill(s), lawn equipment and any other piece of equipment that contains combustible products.
(16) 
Swimming pool:
(a) 
Servicers are required to drain, secure and tarp or board where required when the pool is found to be a public safety, health or welfare concern. Allowable costs include, draining, securing, locking gates and repairing gate and fence panels that surround the pool/hot tub. Securing is defined by securing all gates, Fences, locks and making sure they are intact, secured and a minimum of four feet high or per the UCC code.
(17) 
Demolition:
(a) 
If a property is deemed to be structurally unsound, court proceedings may or may not be taken into consideration in order for the servicer to demolish said building depending on the nature of the emergency. Prior to any demolition, a full description of the emergency shall be provided in writing to the Township Official and Township Business Administrator with a proposal and photos for approval to demolish. Prior to the demolition of a structure that has been deemed unsafe, the Township shall adhere to all notice requirements to provide to the owner/mortgagees as required by law.