[Added 1-22-2008 by Ord. No. 2519]
[Amended 5-26-2009 by Ord. No. 2552; 3-26-2013 by Ord. No. 2648]
The Construction Official or his designee, the
City Manager or his designee, Police Department, Fire Safety Official
and Health Department shall enforce the provisions of this chapter.
[Amended 5-26-2009 by Ord. No. 2552]
Whenever the enforcement officer determines
that there is or has been a violation of any provision of this chapter,
he shall give notice of such violation to the person, persons or entities
responsible thereof under this chapter. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Service of the notice shall be deemed sufficient if sent by certified
mail, return receipt requested, to the last known address of the person
or entity as shown by the most recent tax lists of the municipality,
or personal service, or a copy thereof being left at the usual place
of abode or office of such person or entity. Such notice may be served
either within or without the municipality. In addition to the foregoing
methods of service of the notice, the posting of a notice or sticker
on the front access door of the premises shall be deemed sufficient
notice of such violation.
[Amended 5-26-2009 by Ord. No. 2552]
The notice shall direct that the violation be
removed, abated, cured, prevented or desisted within 48 hours from
the date of service of the notice, exclusive of the date of service,
or summons issued for such violation. The enforcement officer may
extend the time for compliance with the violation for up to one year,
provided that, in his judgment, the abatement, removal, prevention,
cessation of or cure of the condition violated cannot reasonably be
effected within the forty-eight-hour period, and in such cases, the
enforcement officer shall state such reasonably required extended
period, not exceeding one year, which shall then be applicable instead
of the aforesaid 48 hours.
[Amended 5-26-2009 by Ord. No. 2552]
In the event that the violation is not abated,
removed, cured, prevented or desisted from or otherwise fully remedied
within the forty-eight-hour period or extended period as set forth
in the notice, a summons shall then be issued against the person,
persons, entity or entities so notified.
The enforcement officer shall, at or about the
time the notice of a violation is served, inform such person of the
available programs for housing and building rehabilitation, including
but not limited to the Bergen County HIP Program or its successor.
Emergency conditions which are violations of this chapter requiring immediate attention to protect the public health and safety shall be the subject of an order and notice prepared and served as set forth in § 242-4 above, shall state the nature of the emergency and shall order immediate remediation. If a person or entity to whom such notice for immediate remediation was sent files an objection, in writing, to such a notice, such person or entity shall be afforded a hearing and decision by the City Manager as to the existence or nonexistence of the emergency condition. The City Manager may continue such order in effect or modify or withdraw it, subject to issuance of a summons for violation thereof, if such order is continued.
Where the provisions of the Property Maintenance
Code and the provisions of this chapter differ, the provisions of
the Property Maintenance Code shall govern.
[Amended 4-25-2006 by Ord. No. 2457; 2-23-2021 by Ord. No. 2856]
Any person or entity who or which shall violate any provisions of the Property Maintenance Code adopted by § 242-1, any provision of this chapter or any order promulgated hereunder shall, after a summons issues under the terms hereof, upon conviction, be punished as follows:
A.
First offense: A $150 fine, payable by mail, in person or online.
Court appearance is not required.
B.
Second offense within a twelve-month period: A $250 fine, payable
by mail, in person or online. Court appearance is not required.
C.
Third offense within a twelve-month period: A fine of $500 and a
mandatory court appearance. The City Municipal Judge shall have the
authority to sentence the offending party to not less than eight hours
and no more than 30 hours of community service.
D.
Fourth offense and each offense thereafter, within a twelve-month
period: A $2,000 maximum fine and a mandatory court appearance. The
City Municipal Judge shall have the authority to sentence the offending
party to not less than 50 hours and no more than 100 hours of community
service.
