As used in this article, the following terms are defined as
set forth herein:
EXCESSIVE MUNICIPAL SERVICES
Any qualifying Seaside Heights Police Department and Seaside
Heights Fire Department calls for municipal services made to a property
while that property is on probationary nuisance status.
EXCESSIVE USE FEE
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.
NUISANCE PROPERTY
Properties on which activities occur that result in qualifying Seaside Heights Police Department, Seaside Heights Fire Department, and Seaside Heights Code Enforcement Division calls for municipal services during a rolling 180-day period in excess of the number of calls listed on the schedule in §
122-40 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
PROBATIONARY NUISANCE STATUS
The designation applied to properties which, as determined
by the public officer, have received the requisite number of qualifying
calls within a rolling 180-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 is liable to the Borough for user charges from
each qualifying call.
QUALIFYING CALLS
Calls resulting from Seaside Heights Police Department and
Seaside Heights Code Enforcement Division responses to potential violations
of state or local laws, regulations, or ordinances, including, but
not limited to, those categories of laws cited in the following list,
and others not so identified but specifically determined to be qualifying
by the hearing officer. Not included as qualifying calls are service
calls for permitting, licensing, inspections, or similar administrative
functions and calls by or on behalf of a person protected under the
Prevention of Domestic Violence Act of 1991, P.L. 1991, c. 261 (N.J.S.A.
2C:25-17, et seq.).
A. Unlawful sale, service, or consumption of alcoholic beverages.
B. Disorderly conduct or disturbing the peace.
E. Indecent exposure or lewd conduct.
F. Loud music constituting a nuisance or disturbing the peace.
G. Damage to property or injury to a person.
H. Improperly parking a vehicle, or any motor vehicle violation on private
property.
I. Possession of a barking, howling, biting, or dangerous animal.
J. Unlawful sale, possession, storage, manufacture, cultivation, delivery,
distribution, or use of a controlled substance and paraphernalia for
its use.
K. Prostitution and prostitution-related activity.
L. Public urination, defecation, or indecent exposure.
N. Juvenile complaints and unlawful juvenile activity.
O. Unlawful use or possession of a firearm.
P. Borough property maintenance, zoning, construction, fire, health
and trash/recycling codes.
Q. Calls resulting from Seaside Heights Fire Department responses to
false alarms.
The Borough Administrator, or his or her designee, is designated
as the public officer and shall administer the necessary recordkeeping
and investigation required in connection with this article with the
personnel resources, data, information, and assistance of the Seaside
Heights Police Department and Code Enforcement Division.
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 penalties and procedures established
under this article.
A. Residential properties of one through four dwelling units: five qualifying
calls.
B. Multifamily dwellings and hotels/motels:
(1) Five through 25 dwelling units: five qualifying calls.
(2) Twenty-six through 100 dwelling units: 10 qualifying calls.
(3) Over 100 dwelling units: 15 qualifying calls.
C. Community residences: five qualifying calls.
D. Convenience, grocery, liquor and retail stores: five qualifying calls.
E. Restaurants, bars, and entertainment establishments: 10 qualifying
calls.
F. All other properties not included in the preceding categories: 10
qualifying calls.
G. False alarms: four false alarms.