Borough of Wharton, NJ Article VI Enforcement

§ 231-45 Notices and orders.

A. Notice to person responsible. Whenever the Housing Officer determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in this chapter to the person responsible for the violation as specified in this chapter. Notices for condemnation procedures shall also comply with this chapter.

B. Form. Such notice prescribed in § 231-46A shall be in accordance with all of the following:

[Amended 10-16-2017 by Ord. No. O-15-17]

(1) Be in writing.

(2) Include a description of the real estate sufficient for identification.

(3) Include a statement of the violation or violations and why the notice is being issued.

(4) Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this chapter.

(5) Inform the property owner of the right to appeal.

(6) Include a statement of the right to file a lien in accordance with § 231-47C.

[Amended 10-16-2017 by Ord. No. O-15-17]

C. Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

(1) Delivered personally;

(2) Sent by certified or first-class mail addressed to the last known address; or

(3) If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

D. Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 231-47D.

[Amended 10-16-2017 by Ord. No. O-15-17]

E. Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Housing Officer and shall furnish to the Housing Officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

F. Other enforcement procedure. Notwithstanding any provisions of this chapter, the Housing Officer is authorized to issue a summons and complaint in the Municipal Court for any violation of this chapter without first giving prior notice of such violation to the person or persons responsible for such violation(s).

[Amended 10-23-2006 by Ord. No. O-22-06]

§ 231-46 Violations.

A. Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this chapter.

B. Notice of violation. Whenever the Housing Officer determines that there has been a violation of this chapter or has reasonable grounds to believe that a violation has occurred, then the enforcing agency may issue and cause to be served upon the owner of the building, structure or premises, or person or persons responsible therefor, a written notice requiring the owner or said persons to terminate or cause to be terminated the violations. The written notice shall state the nature of the violations and a reasonable specified time within which the violations shall be corrected. The written notice shall also require the owner or said persons to take or cause to be taken any affirmative action necessary to correct the violations. The written notice shall also advise the owner or persons responsible that they have a right to file an appeal as set forth under § 231-11 of the chapter. However, the provisions in § 231-46F shall also be in effect.

[Amended 10-23-2006 by Ord. No. O-22-06; 10-16-2017 by Ord. No. O-15-17]

C. Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with this chapter shall be deemed to be guilty of a disorderly persons offense, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Housing Officer may institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

D. Violations and penalties. Any person who shall violate a provision of this chapter or fail to comply therewith or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any person found to be guilty of any violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.

[Amended 5-4-2009 by Ord. No. O-04-09]

E. Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Housing Officer from instituting appropriate action to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

F. Any tenant of a structure located within the Borough of Wharton who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy, N.J.S.A. 2A:18-61.1, shall be considered a displaced person and shall be entitled to relocation assistance in an amount up to but not greater than six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section.

G. The Borough may pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to the above Subsection F from a revolving relocation assistance fund established pursuant to N.J.S.A. 20:4-4.1a. All relocation assistance costs incurred by the Borough pursuant to this section shall be repaid by the owner-landlord of the structure to the Borough in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and 20:4-4.2. These repayments shall be deposited into the Borough's revolving relocation assistance fund.

H. In addition to requiring reimbursement from the owner-landlord of the structure for relocation assistance paid to the displaced tenant, the Municipal Court shall impose an additional fine for zoning or housing code violations for an illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, to be paid to the Borough by the owner-landlord of the structure.

I. In addition to the penalty set forth in § 231-47D, the Borough, after affording the owner-landlord an opportunity for a hearing on the matter, may impose upon the owner-landlord for a second or subsequent violation for an illegal occupancy a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceedings in the name of the Borough pursuant to the penalty enforcement law, N.J.S.A. 2A:58-10 et seq. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the appropriate school district.

[Amended 10-16-2017 by Ord. No. O-15-17]

J. The Borough of Wharton hereby establishes a revolving relocation assistance fund into which shall be deposited the following sums, less any money required to be repaid to the State of New Jersey. Any relocation costs and interest thereon paid by an owner of real property who has been held liable for a civil or criminal penalty in the case of any displacement of persons by housing or construction code enforcement pursuant to N.J.S.A. 20:4-4.1 and any sums realized by the Borough relating to any relocation cost and interest thereon upon enforcement or liquidation of any property acquired by virtue of enforcement and collected pursuant to N.J.S.A. 20:4-4.2. Moneys appropriated from the fund shall be used by the Borough to provide relocation assistance pursuant to N.J.S.A. 20:4-1 et seq.