[HISTORY: Adopted by the Township Committee of the Township
of Lacey as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-10-2019 by Ord. No. 2019-17]
A.Â
The governing body finds and declares that there are properties located
in the Township where nuisances exist and other activities occur which
have resulted in the excessive consumption of municipal services.
B.Â
The governing body finds and declares that the cost of the excessive
consumption of municipal services relating directly to these nuisance
properties should be paid by the property owner and, if applicable,
the responsible tenant or occupant, and not through general tax revenues.
C.Â
This article is intended to establish regulations and procedures
identifying and providing for the assessment and timely payment of
the cost of excessive consumption of municipal services, associated
with these nuisance properties.
As used in this article, the following terms are defined as
set forth herein:
Any qualifying calls made to a property while that property
is on probationary nuisance status.
Properties on which activities occur that result in qualifying calls for municipal services during any sixty-day period in excess of the number of calls listed on the schedule in § 243-5 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
The designation applied to properties which, as determined
by a public officer, have received the requisite number of qualifying
calls within a sixty-day period. Probationary nuisance status is effective
for a twelve-month period beginning on the date of the public officer's
determination. During probationary nuisance status, the property owner
and, if applicable, the tenant/occupant are liable to the Township
for user charges from each qualifying call.
Calls resulting from violations of state or local laws, regulations,
or ordinances, including, but not limited to, those cited in the following
list, and others not so identified, but specifically determined to
be qualifying by the hearing officer, but not including calls for
permitting, licensing, inspections, or similar administrative functions:
The sale, service, or consumption of alcoholic beverages.
Disorderly conduct, disturbing the peace, littering or excessive
noise.
Damage to property or injury to a person.
Improperly parking a vehicle, or any motor vehicle violation,
on private property.
Possession of a barking, howling, biting, or dangerous animal.
Possession, distribution, or use of a controlled substance.
Prostitution.
Public urination, defecation, or indecent exposure.
Criminal activity.
Township property maintenance, zoning, construction, fire, and
health codes.
A fee of $300 for each additional qualifying call made to
the subject property within the twelve-month period following the
date a complaint is issued for excessive consumption of municipal
services.
Each Township department, division, agency, or authority providing
municipal services to properties shall designate, either on a permanent
or as-needed basis, one or more officials to serve as a public officer
to administer and enforce this article. Officials that may serve in
this capacity include, but are not limited to, code enforcement officers,
the Construction Official or his or her designee; the Chief of Police
or his designee; an investigating police officer; the Zoning Officer;
or the Fire Official.
A.Â
Each department, division, agency, or authority of the Township government
providing municipal services to properties must keep and maintain
records documenting the following information concerning the properties
serviced:
(1)Â
The exact address and Tax Map designation of the subject property.
(2)Â
The name and address of property owners and tenants, if known and
applicable.
(3)Â
The dates of the incident.
(4)Â
A full description of the nature of the incident and the violations.
(5)Â
The identity of the public employee providing the services.
B.Â
The department providing the excessive municipal services shall coordinate,
as needed, with other municipal agencies and the Division of Law to
enforce this article.
During any sixty-day period, properties that necessitate qualifying
calls for municipal services that exceed the amounts set forth in
the following schedule are designated nuisance properties and subject
to the penalties and procedures established under this article.
A.Â
Residential properties of one through four dwelling units: five qualifying
calls.
C.Â
Convenience, grocery, liquor and retail stores: 10 qualifying calls.
D.Â
Restaurants, bars, and adult entertainment establishments: 30 qualifying
calls.
E.Â
All other properties not included in the preceding categories: 10
qualifying calls.
A.Â
Whenever the public officer determines that any property has become
a nuisance property based on excessive consumption of municipal services,
he or she shall issue a complaint and summons reciting the location
of the property and the allegations supporting a finding of excessive
use and a notice of hearing setting for the date and time and place
for a hearing on the matter.
B.Â
The complaint shall also provide notice:
(1)Â
That the property is on probationary nuisance status for the 12 months
following the date of the complaint.
(2)Â
That during the probationary nuisance status period, each additional
qualifying call to the property will be subject to a user fee of $300
per call.
(3)Â
Listing the dates and the nature of the qualifying calls made to
the subject property that gave rise to the determination of excessive
use.
(4)Â
Directing that the offending activities be immediately abated.
C.Â
The complaint and notice of hearing shall be served on the property
owner and on the tenant or occupant, if applicable. Service shall
be made by regular mail and either certified mail, return receipt
requested, or overnight delivery service to the last known address
of the recipient as it appears in Township records.
D.Â
If the whereabouts of the property owner or the tenant/occupant are
unknown and cannot be ascertained by reasonable diligence, service
of the complaint and notice of hearing shall be effectuated as follows:
E.Â
Whenever an individual dwelling unit within a multifamily dwelling
has received five qualifying calls within a sixty-day period, the
public officer shall notify the property owner and tenant/occupant
as provided hereunder so that the property owner can take action to
abate the nuisance. This notice shall be issued notwithstanding that
the multifamily dwelling did not receive the required number of qualifying
calls that would trigger a notice of violation.
A.Â
A hearing shall be held on the allegations recited in the complaint.
The public officer or officers involved shall present evidence and
testify at the hearing and may produce witnesses in support of the
allegations recited in the complaint. The property owner and any interested
party shall have the right to appear at the hearing and testify, produce
witnesses, and be represented by an attorney.
B.Â
The Township Attorney shall serve as hearing officer. The hearing officer is charged with determining whether, in a sixty-day period, the subject property received qualifying calls in excess of those permitted under § 243-5. If so, the hearing officer shall confirm that the property was on probationary nuisance status from the date of the complaint. If the hearing officer also determines that qualifying calls were made to the subject property during the probationary period, that fact shall be so noted in the hearing officer's findings. Based on these findings, the hearing officer shall enter an order against the property owner or, as applicable, the tenant/occupant, or both.
C.Â
The following shall be memorialized in the hearing officer's
order:
(1)Â
A finding that the subject property was on probationary nuisance
status.
(2)Â
A determination that an excessive number of qualifying calls were
made to the subject property during the probationary nuisance status
period.
(3)Â
An assessment of the reasonable costs of litigation, including, but
not limited to, the costs of a court reporter and transcript, and
an administrative fee of $100.
(4)Â
An assessment of a user fee of $300 per call for each qualifying
call in excess of the permitted number. If the qualifying calls involve
the same tenant or occupant, this fee may be apportioned between the
owner and the tenant/occupant.
D.Â
Additional qualifying calls to the subject property following the
hearing and within a one-year period from the date of the complaint
constitute a further violation of this article and are subject to
a user fee of $300 per call. A summons and complaint shall be filed
in the Lacey Municipal Court for each subsequent qualifying call,
each being a separate violation, with the $300-per-call user fee the
penalty to be imposed upon a guilty plea or conviction. Notice of
this provision shall be incorporated in the hearing officer's
order.
E.Â
The hearing officer's order shall be served upon the appropriate
parties in the same manner as service of the complaint and notice
of hearing; except that, in the event the whereabouts of the property
owner, tenant, or occupant cannot be ascertained, then the order shall
also be recorded in the Ocean County Clerk's office.
A.Â
Where permitted by law, any fees, costs, or penalties that remain
unpaid 60 days from the date of an order issued pursuant to this article
shall be assessed as a lien against the subject property, enforceable
and collectible in the same manner as liens for delinquent real property
taxes and municipal service charges.
B.Â
Pursuant to N.J.S.A. 40:52-1.2, municipal licenses, permits, and
certificates of occupancy applied for or issued to the subject property
may be revoked, suspended, withheld, or denied renewal for failure
to comply with and satisfy any payment obligations under an order
imposed pursuant to this article.
