[Amended 12-20-2017 by Ord. No. 20-2017]
The provisions of this chapter shall be enforced by any officer or employee whose regular duties include enforcement of building, plumbing, electrical, zoning, health, housing, safety or fire code regulations or statutes, and reference hereinafter to the enforcement officer shall be deemed to mean any such officer or employee who is acting in such capacity with respect to enforcement of this chapter. The Zoning Officer and Construction Official are specifically authorized pursuant to N.J.S.A. 40:48-2.3 as applicable.
[Amended 12-2-1998 by Ord. No. 35-98]
A. 
Whenever the code enforcement officer determines that there is or has been a violation of any provision of this chapter, then notice of the violation shall be given. Said notice shall be in writing and include a concise statement of the alleged violation.
B. 
Notice of violation shall be served either by hand delivery to the property owner or operator, or by leaving a copy at his/her usual place of abode with a person not less than sixteen years of age, or by certified or registered mail, return receipt requested, to the owner at the last known address as shown on the most recent tax duplicate of the Borough, or upon the operator at the property address. Should service by hand delivery or post be unsuccessful, then service shall be made by posting a copy of the notice of violation at a conspicuous place on the subject premises and by sending a copy by regular mail to the owner at the last known address as shown on the most recent tax duplicate of the Borough.
C. 
Except as set forth in § 179-7.1E, the notice of violation shall state that unless the alleged violation is abated, removed or cured within 10 days of the date of service (exclusive of the date of service), then a summons shall be issued. The Code Enforcement Officer may, in his/her discretion, extend the time period for compliance if, in his/her judgment, it is believed that the alleged violation cannot reasonably be completely corrected within 10 days. In such case the notice of violation shall set forth the length of the time period to cure.
[Amended 11-5-2014 by Ord. No. 36-2014]
D. 
Any person who objects to a notice of violation may make written request for a hearing to the Borough Administrator within three business days of receipt of the notice. The Borough Administrator shall hear the matter within five business days. Following a hearing the Administrator may continue the notice of violation in effect, modify or withdraw it.
E. 
In the event that the alleged violation is not fully remedied within the time period stated in the notice of violation, or such additional time as the Borough Administrator or code enforcement officer may afford, then a summons shall be issued against the person, persons or entities so notified. Should the same alleged violation continue unabated, the code enforcement officer may issue additional summons or summonses without the need to serve a notice of violation anew.
[Amended 2-1-2017 by Ord. No. 2-2017]
Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in § 179-15, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the Borough Administrator, any such person shall be afforded a hearing before the Borough Administrator as soon as is reasonably possible. After such a hearing and decision, the Borough Administrator may continue such order in effect, or modify or withdraw it. If the property owner is unresponsive or the condition immediately threatens the public health or safety, the enforcement officer may take action to address the condition. Any costs incurred in addressing the issue shall become a lien against the real estate in the same manner as property taxes upon resolution of the governing body.
Nothing contained herein shall limit the power of the enforcement officer to take such further action under the criminal and civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate any nuisance.
Upon issuance of notice required by §§ 179-15 and 179-16, property owners shall correct the condition and notify the enforcement officer that said condition has been corrected. An inspection shall then be made for which no fee shall be charged. Should full compliance not be achieved at the time of the inspection, the Borough shall be reimbursed for cost of all reinspections by the property owner. Failure to reimburse the Borough shall result in a lien for said cost being placed against the property.[1]
[1]
Editor's Note: Original § 54-19, Inspection fees, which immediately followed this section, was repealed 12-2-1998 by Ord. No. 35-98.
[Amended 11-5-2014 by Ord. No. 36-2014]
Except as set forth in § 179-7.1D and F, any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, after summons is issued under the terms hereof, upon conviction, be punished by a fine not to exceed $500. Each violation of any of the provisions of this chapter and each day that each such violation shall continue may be deemed to be a separate and distinct offense.
Where abatement of any nuisance as defined herein was accomplished and premises brought into compliance with this chapter through the expenditures of Borough funds, such costs shall be assessed against the premises cited as a lien in the same manner as real estate taxes if ordered by the court.