In order to establish uniform procedures for
those sections requiring administrative enforcement of abatement notices,
the following will prevail unless specifically designated otherwise:
A. Supervision. The Township Manager is hereby designated
to supervise and direct all inspections, regulations, enforcements
and hearings on violations of the provisions of the various sections,
unless expressly stated to the contrary. Other public officials or
employees of the Township may be designated by the Township Manager
to perform duties as may be necessary to the enforcement of this Article,
including the making of inspections and serving of abatement notices.
B. Procedure where violation discovered. Where a violation
of this Article or the regulations hereunder is found to exist, a
written notice from the enforcing official shall be served on the
person or persons responsible for the correction thereof.
C. Contents of notice. The notice shall specify the location of the property by Tax Map reference, the violation or violations committed, what must be done to correct the same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection
E. The notice shall also advise the recipient that if the violation is found to be harmful to the health and safety of the occupants and the general public and is not corrected or abated, the Township, may do the same, the cost of which shall become a lien on the subject property.
D. Service of notice.
(1) Notice may be served personally or by mail, certified
return receipt requested, addressed to the last known address of the
person to be served. Where it is ascertained that the owner does not
reside on the premises, the last known address shall be the address
of the owner as shown in the office of the Tax Collector. Service
upon an owner or operator may also be attained by personal service
of any notice upon a member of the family of the owner or operator
over the age of 14 years, residing with the owner or operator.
(2) If the whereabouts of the person to be served is unknown
and the same cannot be ascertained by reasonable diligence, the serving
of such notice upon such person may be made by publishing the same
once each week for two successive weeks in a newspaper printed and
published in the Township of Mount Holly or, in the absence of such
newspaper, in one printed and published in the county and circulating
in the Township of Mount Holly. A copy of such notice shall be posted
in a conspicuous place on the premises affected by the notice and
a copy of such notice shall be duly recorded or lodged for record
in the office of the Township Clerk.
(3) Where the manner of service of notice for a particular
type of matter is prescribed by state statute in a manner different
from above, then such statutory provision shall be applicable to the
service of the notice in question, notwithstanding the provisions
of this Article.
E. Notice to become an order unless hearing requested.
Within 10 days of the date of service of a notice, the notice shall
constitute a final order unless any person affected by the notice
requests a hearing thereon and serves a written request within the
ten-day period in person or by mail to the Township Manager. Such
request for a hearing shall set forth briefly the grounds or reasons
on which the request for a hearing is based and the factual matters
contained in the notice of violation which are to be disputed at the
hearing. The Township Manager, upon receipt of the request, shall
within 30 days therefrom and upon five days' notice to the party aggrieved
set the matter down for hearing.
F. Evidence and counsel. The rules of evidence shall
not be controlling in these hearings. All parties to a hearing may
appear in person or by attorney and give testimony.
G. Determination at hearing. At any hearing provided
hereunder, the Township Manager shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoena, to require by subpoena
the production of books, records or other documents at any such hearing
which may be pertinent to matters to be determined by him and to enforce
any such subpoena as provided by law. Determination shall be made
within 10 days from the completion of the hearing. The Township Manager
shall issue an order either incorporating the determinations and directions
contained in the notice, modifying the same or withdrawing of the
notice.
H. Extension of time. The Township Manager may extend
the time, for correction or abatement of the violations for an additional
period of time not to exceed 30 days, except where major capital improvements
or renovations are involved, in which instance the time for completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice.
I. Summary abatement in emergency notice and hearing
not required. Where the violation or condition existing on the premises
are of such a nature as to constitute an immediate threat to public
health or life and limb unless abated without delay, the Township
Manager may either abate the violation or condition immediately or
order the owner, operator or occupant to correct the violation or
condition within a period of time not to exceed three days, and upon
failure to do so, the Township Manager shall abate the condition immediately
thereafter.
J. Cost of any abatement to be a lien against premises.
Where abatement of any nuisance as defined herein, correction of a
defect in the premises or the maintenance of the premises in a proper
condition so as to conform to municipal ordinances or state law applicable
thereto involves a condition harmful to the health and safety of the
occupants or the general public and requires expending Township moneys
to correct it, the Township Manager shall present a report of work
proposed to be done to accomplish the foregoing to the Township Council
with an estimate of the cost thereof along with a summary of the proceedings
undertaken by him or under his directions to secure compliance, including
notices served upon the owners, operators, lessors or agents, as the
case may be, and summaries of hearings and copies of orders of the
Township Manager with reference thereto. The Township Council may
thereupon order the abatement of the nuisance, correction of the defect
or any work necessary to place the premises in proper condition and
in compliance with ordinances of the Township and laws of the state
by resolution adopted after notice and hearing to the owner in the
manner provided above to the extent applicable. The Township Manager
may thereafter proceed to have the work performed in accordance with
said resolution at Township expense not to exceed the amount specified
in the resolution and shall, upon completion thereof, submit a report
of the moneys expended and costs to the Township Council. After review
of the same, the Township Council may by resolution approve the expenses
and costs whereupon the same shall become a lien against the premise
collectible as provided by law. A copy of the resolution approving
the expenses and costs shall be certified by the Township Clerk and
filed with the Tax Collector of the Township who shall be responsible
for the collection thereof, and a copy of the resolution shall be
sent by certified mail to the owner.
K. If the Township incurs costs for emergency abatement as provided in Subsection
I above, the Township Manager shall present to the Township Council a report of the work done and the cost thereof with a summary of the proceedings undertaken and the reasons for the emergency abatement. The Township Council, after notice and hearing to the owner in the manner provided above to the extent applicable, may, by resolution, approve the costs whereupon the same shall become a lien against the premise collectible as provided by law.
L. Notice and hearing not required prior to court proceedings.
Notwithstanding the foregoing provisions, violations of any provision
of this Article issued by the Manager or resolution of the Township
Council may be prosecuted without the prior notices and hearings required
by this section by the filing of a complaint by the Township Manager
or person designated by him in the Municipal Court, it being the intention
that the remedies and penalties provided herein shall be cumulative
and not exclusive.