[Amended 8-4-2021 by Ord. No. 25-2021]
The Director of Community Development is hereby
designated to supervise and direct all inspections, regulations and
enforcement of the provisions of this chapter unless expressly stated
to the contrary. Other public officials or employees of the Township
may be designated by ordinance or the Township Administrator to perform
duties as may be necessary to the enforcement of this chapter, including
the making of inspections.
Enforcement officials and officers shall be
supplied with official identification and, upon request, shall exhibit
such identification.
[Amended 10-18-2006 by Ord. No. 20-2006; 11-7-2012 by Ord. No. 15-2012]
Where a violation of this chapter or the regulations hereunder
is found to exist, the enforcing official shall serve on the person
or persons responsible for the correction of this violation a written
notice of violation, which shall be prepared and served as set forth
below, and which shall provide a time for the correction of such violation,
and shall warn that the failure to abate the violation within such
time may result in the issuance of a summons.
[Amended 10-18-2006 by Ord. No. 20-2006; 11-7-2012 by Ord. No. 15-2012]
The violation notice shall specify the violation
or violations committed, what must be done to correct same and a reasonable
period of time, depending on the nature of the violation to be corrected,
to correct or abate the violation. This period of time is not to exceed
10 days except to correct or abate a violation of a capital improvement.
The time period shall commence from the date of receipt of this notice.
The notice shall also advise the recipient that if the violation is
not corrected or abated, the municipality will pursue remedies in
municipal court and that any fines assessed shall become a lien on
the subject property if unpaid within 30 days of the fine assessment.
The notice will also advise the resident of any funding or programs
that may help in the abatement of the violation or violations. The
notice shall also advise the recipient of the office hours and phone
number where the appropriate enforcement official can be reached to
discuss the violation or violations. The Code Enforcement Official
will maintain a file of violation notices for public inspection that
includes the follow-up and outcome of each violation notice issued.
[Amended 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006]
Notice may be served personally or by mail with
postage prepaid, addressed to the last known address of the person
to be served, or as otherwise designated by the owner/occupant by
written request to the Code Enforcement Officer. In cases where the
premises are occupied, notice may be accomplished by posting upon
the front door of the structure. Where it is ascertained 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.
If the last known address cannot be ascertained, service may be accomplished
by mailing the notice with postage prepaid to the mortagee, if there
is one, and by posting the notice on the front door of the premises
and printing the notice in the legal advertising media at least one
time. The enforcing officer shall file and provide notice to any owner,
operator or occupant of any violation at any address other than the
last known address provided hereunder if such other address is filed
with the enforcing officer personally or by certified mail addressed
to the enforcing officer. Service upon an owner, operator or occupant
may also be attained by service of any notice upon a member of the
family over 14 years old of the owner, operator or occupant. Date
of service of notice shall be determined, where service is by mail,
as of the day following the day of mailing for notices to addresses
within the Township, and as of the third day after the day of mailing
for notices to addresses outside the Township. Where the day of service
would fall upon a Sunday or other day when mail is not ordinarily
delivered, then the day of service shall be the next regular delivery
day.
[Amended 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006; 11-7-2012 by Ord. No. 15-2012; 8-4-2021 by Ord. No. 25-2021]
The Director of Community Development or his
designee 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. Requests
for extensions shall be given in writing by the property owner stating
the date by which the violations contained in the notice shall be
abated.
[Amended 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006; 8-4-2021 by Ord. No. 25-2021]
Where the violation or condition existing on
the premises is of such a nature as to constitute an immediate threat
to life and limb unless abated without delay, the Construction Official
or Fire Official may 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 Construction Official or Fire
Official shall immediately refer the matter to the Municipal Court.
Where there exists a violation of this chapter
an owner or operator, upon receipt of a notice of violation, if unable
to eliminate the violation by peaceable means within the period of
time specified in said notice, shall commence within such period legal
action to dispossess, evict or eject the occupants who cause the violation.
No further action hereunder shall then be taken against the owner
or operator so long as the action aforesaid is pending in the court
and is prosecuted expeditiously and in good faith.
[Amended 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006]
A.Â
Notwithstanding the requirements of §§ 145-30 through 145-32, violations of § 145-11D may be prosecuted without notice by filing of a complaint by the enforcing officer in the Municipal Court. As to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles, as set forth in § 145-11D, such snow or ice shall be cleared within 24 hours after the termination of the inclement weather. Should such snow or ice accumulation remain uncleared within 24 hours after the termination of the inclement weather, a notice of the violation and opportunity to cure shall be issued to the property owner, which shall provide a twelve-hour period within which the violation must be cured. Should the violation not be cured within the twelve-hour period, a summons shall be issued.
[Amended 4-21-2010 by Ord. No. 4-2010]
B.Â
Where the enforcement officer shall determine that there was a violation and a notice was served upon the owner, operator or occupant, whether or not said violation was abated prior to the referral to Municipal Court, if thereafter within the space of one year from the date the violation was issued, there shall be a second violation by the same owner, operator or occupant of the same provision of Chapters 145, 148, 180 and 182 or any other chapter enforced by an enforcement officer discovered on the same premises, the offender may be prosecuted on the second violation without the enforcing officer's first giving notice to the owner, operator or occupant by filing of a complaint by the enforcing officer in the Municipal Court.
[Amended 8-4-2021 by Ord. No. 25-2021]
For the purposes of enforcement of this chapter,
the service of a notice on an owner, whether or not the owner is also
the operator, shall constitute notice of violations set forth therein
until the violations are abated in conformity with this chapter and
the other applicable ordinances of the Township of Pemberton.
