The Chief Construction Official of the Township of Washington
is hereby designated as the officer in charge of the enforcement of
this chapter and is hereinafter referred to as the "enforcement officer."
All members of the Police Department and authorized inspectors of
the Fire Department and Health Officers and Building Subcode Official,
Plumbing Subcode Official, Fire Protection Subcode Official and such
other subcode officials for such additional subcodes as the Commissioner
for the Department of Community Affairs of the State of New Jersey
shall hereafter adopt as part of the State Uniform Construction Code
are hereby designated as assistant enforcement officers for the purposes
of the enforcement of this chapter.
Whenever the enforcement officer or any assistant enforcement
officer determines that there are reasonable grounds to believe that
there has been a violation of any provision of this chapter, he shall
give notice of such alleged violation to the person or persons responsible
therefor as hereinafter provided. Such notice shall be in writing,
include a statement of the reason why it is being issued and be served
upon the owner or occupant of the premises, or the agent of either
of them; provided that such notice shall be deemed to be properly
served if a copy thereof is served upon such person personally or
sent by certified or registered mail to his last known address or
posted in a conspicuous place in or about the premises affected by
the notice. Such notice shall also state that unless, within 10 days
from service of the notice, a written request is made for a hearing
before the enforcement officer, said notice shall, at the expiration
of such ten-day period, be deemed an order to cease and desist from
and to abate the described violation, and such notice shall prescribe
a reasonable time within which such person shall be required to cease
and desist from and abate such violation. The notice may also contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this chapter.
If a hearing is requested pursuant to §
360-19 hereof, it shall be commenced not later than 10 days after request therefor is made; provided that for good cause the enforcement officer may postpone such hearing for a reasonable time. If, after hearing, the enforcement officer finds that no violation exists, he shall withdraw notice. If he finds that a violation does exist, he shall enter and issue an order requiring the abatement of same within a prescribed reasonable time. The proceedings at such hearing, including the findings and decision of the enforcement officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the enforcement officer.
At any hearing held before the enforcement officer pursuant
to the provisions of this chapter, the enforcement officer shall be
vested with all the powers provided by law to issue subpoenas to compel
the attendance of witnesses and parties in interest and to require
the production of books, records and other documents which may be
pertinent to matters to be determined by the enforcement officer.
Whenever the enforcement officer finds that an emergency exists
which requires immediate attention to protect the public health or
safety, he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the enforcement officer
shall be afforded a hearing as soon as possible. After such hearing,
the enforcement officer shall continue such order in effect or modify
or withdraw it.
Notwithstanding the provisions of §
360-19 hereof, the enforcement officer may, at his election, prosecute violations of any section of this chapter involving public health or public safety, without notice, by the filing of a complaint with the Clerk of the Municipal Court of the Township of Washington.
[Amended 6-3-1985 by Ord.
No. 85-5]
Any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punished as provided in §
1-1 of Chapter
1, General Provisions. Each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
[Added 3-22-2010 by Ord.
No. 10-01]
In addition to the foregoing provisions regarding violations
and penalties, and without limiting or impairing all other remedies
available to the Township at law or in equity, including, but not
limited to, actions and proceedings in any court of competent jurisdiction
or before any agency having authority over such matters, a lien on
any property within the Township may be recorded in the amount of
any and all administrative expenses and any and all expenditures for
work performed by the Township or its agents or designees in order
to maintain such property and/or abate the violation, such lien to
be entered upon the tax record of such property in accordance with
the following procedure:
A. The enforcement officer or the assistant enforcement officer shall
determine the amount of any and all administrative expenses and any
and all expenditures for work performed by the Township or its agents
or designees in order to maintain such property and/or abate the violation,
and shall prepare a certificate of such amount (the "lien certificate").
B. The lien certificate shall be submitted to the Township Council for
its review, and the Township Council may inquire into any item included
in the lien certificate. Upon approval of the lien certificate by
the Township Council, it shall adopt a resolution authorizing the
Township Chief Financial Officer to take all appropriate action to
impose on the subject property a municipal lien in the amount of the
lien certificate, whereupon such amount shall become a municipal lien
on such property, and said amount shall be added to and become and
form a part of the real estate taxes assessed and levied upon said
property, the same to bear interest at the same rate as real estate
taxes, and to be collected and enforced by the same officers and in
the same manner as real estate taxes.
C. The fact that a tenant or other temporary lessee may have been the
cause of the violation giving rise to a municipal lien hereunder shall
be of no consequence, inasmuch as the Township finds that the record
owner of the property is ultimately responsible for compliance with
Township ordinances.
D. Administrative expenses in the lien certificate may include, but
shall not be limited to, the cost of investigation of the violation,
the cost of filing legal papers to abate or cure the violation, expert
witness fees, search fees, engineering expenses, and advertising charges.