[Adopted 5-14-1990 by Ord. No. 1990-3]
A. 
It is unlawful for structures to be employed or used as specified crime property within the Township of Mount Holly. If, pursuant to the procedures contained in this article, property is found to be used or employed as such, it is subject to closure for a period of up to one year.
B. 
It is unlawful for any person to employ, use, maintain or allow the employment, use or maintenance of specified crime property under their ownership and/or control by renting it or otherwise suffering others to use it. A person who is found in violation of this subsection shall be subject to civil penalties of up to $500 per day for each day the property has been used as specified crime property, as set forth in § 112-7.
C. 
Use after notice.
(1) 
Unless vacation of a premises is waived or set aside by the Superior Court, it shall be unlawful for any person to use or occupy any structure determined to be specified crime property after the period prescribed in a notice after service of notice has been made pursuant to § 112-8.
(2) 
The provisions of Subsection C(1) may be waived by the Township in the event that the Director of Public Safety determines that exigent circumstances are such that the use or occupancy of the structure prior to a plenary judicial review is mandated and not contrary to the public safety.
(3) 
Any occupant who fails to cease the use or occupancy of a structure as required by Subsection C(1) shall be subject to the fines and penalties, civil and otherwise, provided for violations of this article pursuant to a court order after notice and an opportunity to be heard by the court having jurisdiction of an action brought pursuant to this article.
As used in this article, the following terms have the meanings given them in this section:
OWNER
A. 
Any person, agent, firm, corporation, association or partnership, including a mortgagee in possession, in whom is vested:
B. 
All or part of the legal title to property; or
C. 
All or part of the beneficial ownership and a right to present use and enjoyment of the premises.
D. 
An occupant of the property.
PERSON
Any natural person, association, partnership or corporation capable of owning or using property in the State of New Jersey.
SPECIFIED CRIME PROPERTY
Any structure or place where activity involving the unlawful possession, use, sale, delivery or manufacture of a controlled substance, as defined in N.J.S.A. 24:21-35 or 2C:31-3 or their successors, has occurred or is occurring.
STRUCTURE
Any kind of structure, edifice, building or unit(s) thereof, regardless of its commercial, residential or institutional use, including apartment units, rental units, garages or common areas, exterior or interior.
A. 
When the Director of Public Safety has determined that a structure has been or is being used or maintained in violation of § 112-6, the Director of Public Safety shall request the Township Solicitor to commence proceedings to cause the closure of the structure, unit or area as well as the imposition of civil penalties against any or all of its owners.
(1) 
The Director of Public Safety shall notify the owners of record, in writing, that the structure has been determined to be specified crime property. The notice shall contain the following information:
(a) 
The street address and a legal description sufficient for identification of the premises on which the structure is located.
(b) 
A statement that the Director of Public Safety has found the structure to be in violation of this article, with a concise description of the conditions leading to his/her findings.
(2) 
A copy of the notice shall be served on the owner, resident, manager and/or agent at least 10 days prior to the commencement of any judicial action by the Township. Service shall be made either personally or by mailing a copy of the notice by registered or certified mail, postage prepaid, return receipt requested, to each person at his or her address as registered with the Township Clerk, in compliance with the land or registration requirements of § 216-2 or, in the case of properties not subject to said registration, to the address of the owner of record as it appears on the last equalized assessment of the tax roll as well as on the last instrument of conveyance as recorded in the County Clerk's office, and as may be otherwise known to the Director of Public Safety. If no address appears or is known to the Director of Public Safety, then a copy shall be mailed first class, postage prepaid, addressed to such person at the address of the structure believed to be specified crime property.
(3) 
A copy of the notice shall also be served on the occupants of the structure. Service of this notice shall occur not less than five days prior to the commencement of any judicial proceedings and be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to them at the structure. Furthermore, a copy of the notice shall be posted at the property if 10 days have elapsed from the service or mailing of the notice to the owner(s) without return proof of receipt.
(4) 
The failure of any person or owner to receive actual notice of the determination by the Director of Public Safety shall not invalidate or otherwise affect the proceedings under this article unless and to the extent it shall be determined that the deprivation of notice substantially interfered with the owner's liability to abate any nuisance within the time period prescribed.
B. 
Civil proceedings.
(1) 
Concurrent with the notification procedures set forth above, the Director of Public Safety shall then request the Township Solicitor to commence civil proceedings in a court of competent jurisdiction, seeking the closure of the structure as well as the imposition of civil penalties against any or all of the owners thereof and any such other relief as may be deemed appropriate.
(2) 
Nothing contained in Subsection B(1) above shall be construed to limit the ability of the Director of Public Safety prior to the institution of judicial proceedings to enter into agreements with an owner willing to voluntarily abate the condition(s) giving rise to the violation.
A. 
Except in a proceeding under § 112-10, after the commencement but prior to the trial of an action brought by the Township pursuant to this article, if an owner specifically commits in an enforceable manner to pursue a course of action which is calculated to abate the conditions giving rise to the violation(s), the Township shall agree to stay proceedings for a period of not less than 10 nor more than 60 days. The owner or the Township Solicitor may thereafter petition the court for such additional periods of time as may be necessary to complete the action(s) contemplated by the stipulation. However, in the event that the Township Solicitor reasonably believes the owner is not diligently pursuing the action(s) contemplated by the stipulation, he or she shall then apply to the court for a release from the stay seeking relief as is deemed appropriate.
B. 
In all actions seeking the closure of a structure as appropriate, and shall cite those found applicable:
(1) 
The actions taken by the owner(s) to mitigate or correct the problem at the structure.
(2) 
The financial condition of the owner.
(3) 
Whether the problem at the structure was repeated or continuous.
(4) 
The magnitude or gravity of the problem.
(5) 
The economic or financial benefit accruing or likely to accrue to the owner(s) as a result of the conditions at the structure.
(6) 
The cooperativeness of the owner(s) with the Township.
(7) 
The cost to the Township of investigating and correcting or attempting to correct the condition.
(8) 
Any other factor deemed by the Township Solicitor to be relevant and worthy of consideration by the court.
In the event that it is determined that the structure is an immediate threat to the public health, safety and welfare, the Township Solicitor shall apply to the court for such interim relief that is deemed to be appropriate. In such an event, the notification procedures set forth at § 112-8A and the limitation of § 112-9A need not be complied with.
A. 
In the event that a structure constitutes specified crime property as defined in this article, the Township Solicitor shall pursue, on notice to all tenants affected and all lienholders of record, in addition to all other remedies, an order of the Superior Court that it or any unit or area of it be closed for any period of up to one year and that the owner(s) pay to the Township a civil penalty of up to $500 for each day that the owner had knowledge of activities or conditions at the structure constituting a violation of this article and failed to undertake or maintain efforts of abatement. In the event that the enforcement of this article requires an owner to institute tenancy eviction or partition proceedings, it shall be the duty of all appropriate officials of the Township of Mount Holly to provide testimony or evidence in said cause.
B. 
The Township Solicitor may also seek orders authorizing the Township or ordering the owner to physically secure the structure against use or occupancy in the event that the owner(s) fail to comply with other remedies agreed to or ordered by the court within the time specified. In the event that the Township is authorized to secure the property, all costs reasonably incurred by the Township to effect a closure shall be made an assessment lien upon the property.
C. 
In the event that the owner violates the terms of the stipulation, the Township may thereafter apply to the court for an order awarding up to the entire amount of the aforementioned bond to the Township as a penalty as well as such other relief, including closure for any additional period of up to one year, that is deemed by the court as appropriate.