[1971 Code § 50-2; Ord. No. 11-10]
For the purpose of this section, the Division of Health of the
Department of Community Services may determine that there exists a
condition which is dangerous or injurious to the health and safety
of a person where the condition exists, or dangerous or injurious
to the health and safety of neighboring dwellings or persons. Such
conditions may include (without limiting the generality of the foregoing)
improper drainage occasioned by construction, development, alterations
or repairs affecting the topography of the land or the previous water
or drainage courses resulting in flooding, contamination, pollution,
erosion, excessive turbidity, the depositing of silt or other matter
on neighboring properties, affecting the structural soundness of buildings
and structures.
[Ord. No. 11-10]
Whenever a petition is filed with the Division of Health of
the Department of Community Services by a public authority, as defined
in N.J.S.A. 40:48-2.4, or at least by five residents of the Township,
or the Division of Health of the Department of Community Services
on its own motion, charging that the condition as herein defined exists,
if preliminary investigation discloses a basis for such charges there
shall be issued and caused to be served upon the owner of and parties
in interest of such land and property, wherein the condition emanates,
a complaint stating the charges in that respect. The owner and/or
parties of interest of such land or property shall be permitted a
reasonable period of time to abate the violation or potentially dangerous
or injurious condition, as determined by the Health Officer or his
designee. Where the public is at immediate risk, the Health Officer
or his designee may require immediate abatement.
[Ord. No. 11-10]
If the owner, occupant or other parties in interest fail to
comply with the order to abate, the Department of Community Services
may cite the responsible party by issuing a complaint in Municipal
Court or may cause such condition to be corrected, altered or improved,
or may contract for the correction thereof after advertisement for
and the receipt of bids therefor, provided, however, that if the condition
is of an emergency nature, as determined by the Township Council,
then the requirement as contained herein for bids may be dispensed
with.
[1971 Code § 50-6]
A.
The amount of (1) the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this section determined
in favor of the Township, and (2) such costs of such repairs, alterations
or improvements in the correction of the condition, as herein defined,
shall be a Municipal lien against the real property upon which such
costs were incurred, including the costs on all other properties affected
requiring repairs, alterations and corrections occasioned by the initial
condition.
B.
A detailed statement of the aforesaid costs and the amount so due
shall be filed with the Municipal Tax Assessor, or other custodian
of records of tax liens, and a copy thereof shall be forthwith forwarded
to the owner, occupant or other parties in interest by registered
mail.
C.
Nothing in this section shall be construed to impair or limit in
any way the power of the Township to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise. Any owner or party in interest may, within 60 days from
the date of the filing of the lien certificate, proceed in summary
manner in the Superior Court in contest the reasonableness of the
amount or the accuracy of the costs set forth in the municipal lien
certificate.
[1971 Code § 50-7; Ord. No. 11-10]
Complaints or orders issued by the Department of Community Services
pursuant to this section shall be served upon persons either personally
or by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Department of Community
Services in the exercise of reasonable diligence, and the Department
of Community Services shall make an affidavit to that effect, then
the serving of such complaint or order upon such persons may be made
by publishing the same once each week for two successive weeks in
a newspaper printed and published in the County of Morris. A copy
of the complaint or order shall be posted in a conspicuous place on
the affected property.
