[Amended 9-20-2010 by Ord. No. 29-2010]
A. All premises in the Township of Harrison are subject to this chapter,
and any person or business entity holding an interest in any affected
premises shall comply without further notice.
B. Service of notice of violation. Notice of violation shall be served
upon the owner of record, provided that such notice shall be deemed
to be properly served upon such owner if a copy thereof is delivered
to him personally or, if not found, by leaving a copy thereof at his
usual place of abode with a person of suitable age and discretion,
who shall be informed of the contents thereof, or by sending a copy
thereof by certified mail and regular mail to his last known address
or, if the letter with the copy is returned showing that it has not
been delivered to him, by posting a copy thereof in a conspicuous
place in or about the structure affected by the notice.
C. Notice requirements. Whenever the Enforcement Officer determines
that there has been or is a violation of any provision of this chapter,
he shall give notice of such violation or alleged violation to the
person or persons responsible therefor. Such notice shall:
(2) Include a description of the real estate sufficient for identification.
(3) Specify the violation which exists and the remedial action required.
(4) Specify a reasonable time, not to exceed 10 days, in which the violation
or violations shall be abated, corrected or eliminated. Said ten-day
period may be extended for an additional 10 days by the Enforcement
Officer for good cause.
D. If the
owner or operator of any lands or buildings in the Township shall
fail or neglect to remedy any identified deficiency within 10 days
after notice to remove the same in the manner and within the time
provided, the Enforcement Officer may, in addition to such other remedies
provided herein, refer the matter to the Township Committee with recommendation
for removal by the Township. In such cases the Public Works Superintendent
shall certify the cost thereof to the Township Committee which shall
examine the certificate and, if found correct and reasonable, shall,
by resolution, approve the cost as shown thereon to be charged against
said lands. The amount so charged shall become a lien upon such lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such lands; the same to bear interest
at the same rate as taxes and shall be collected and enforced in the
same manner as are taxes.
E. Any Township resident or police officer, as well as the Enforcement
Officer, may prosecute a violation of any subsection of this chapter
in the Municipal Court of Harrison Township.
[Amended 8-6-2018 by Ord.
No. 22-2018]
[Amended 2-7-2011 by Ord. No. 01-2011]
A. Any person
who shall violate any provision of this chapter shall, upon conviction
thereof, be subject to one or more of the following: imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term no exceeding 90 days; or
by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days. Each day a violation of any provision of this
chapter occurs shall constitute a separate offense.
[Amended 12-1-2014 by Ord. No. 34-2014]
B. Any person
who is convicted of violating the same provision of this chapter within
one year of the date of a previous violation of the same offense,
and who was fined for the previous violation, shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the chapter, but shall be calculated separately from
the fine imposed for the prior violation of the chapter.
In case any building, structure or land is, or is proposed to
be, used in violation of any provision of this chapter, the Township
Committee or, with the approval of the Township Committee, the Enforcement
Officer, may, in addition to the other remedies, institute in the
name of the Township any appropriate action or proceeding to prevent,
restrain, correct or abate such use; or to prevent, in or about such
premises, any act, conduct, business or use which constitutes a violation.