[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 12-26-2023 by Ord. No. MC 3852]
Whenever a notice or order to remove a violation or secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by a representative of Police, Fire, Housing and Building Construction, Health, Public Works or any other department so authorized to issue such notices, in addition to the Mayor and Business Administrator, such persons are authorized and empowered to order the abatement of the nuisance and may proceed to cause the structure to be demolished, repaired, altered, secured, or vacated or take such other action as is necessary to abate the nuisance. Whenever the authorized representative of the Township determines that such nuisance exists, he/she shall record sufficient proof to support such determination and the owner, occupant, lessee or mortgagee shall be notified by certified and regular United States Postal Service mail. Abatement authorized by this section shall not commence until at least 10 days after service of such notice.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 12-26-2023 by Ord. No. MC 3852]
A. 
The expenses incurred pursuant to §§ 460-44 and 460-60 shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other matter. When the Township has effected the abatement of a condition, the actual cost thereof shall be chargeable to the property owner responsible for the removal and disposal. When the full amount due the Township is not paid by the owner within 30 days after the abatement of such nuisance, then the Department of Public Works shall certify the cost thereof to the Township Tax Collector.
B. 
The Tax Collector shall examine the certification and prepare a Resolution to the Irvington Township Council by the first meeting in October that shall cause the cost as shown thereon to be charged against said lands as a special charge. The amount so charged, if it remains unpaid, shall be placed on the Township's annual accelerated tax sale and shall constitute a lien on the property and shall remain in full force and effect for the amount due in the principal and interest, plus costs of court, if any, for collection, until final payment has been made.
C. 
Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Township Tax Collector in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. Any legal costs associated with said collection shall also be borne by the responsible party or owner and shall likewise be assessed as a lien.
D. 
The person(s) authorized above shall also be empowered to file among its records an affidavit stating with fairness and accuracy the items of expense and the date of execution of actions authorized by §§ 460-44 and 460-60. Said persons, through the Office of the Township Attorney, may institute a suit to recover such expenses against any person liable for such expenses, including those arising from the issuance of court fines, costs and attorney's fees.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Department of Housing Services is authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement and interpretation of this chapter and to secure the intent thereof. Such rules and regulations shall not be in conflict with the provisions of this chapter or any other ordinance of the Town, nor shall they have the effect of waiving any provisions of this chapter or any other ordinance. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter. Such rules and regulations shall be submitted to the Municipal Council of the Town by the Director of the Department. Failure of the local legislative body to approve, reject or modify such rules and regulations within 30 days after submission shall be deemed to constitute approval thereof. Such rules and regulations as approved by the local legislative body shall be on file and available as a matter of public record.
No officer, agent or employee of the Town shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Town as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Town Attorney until the final determination of the proceedings therein.
[Amended 1-13-1981 by Ord. No. MC 2622; 1-26-2016 by Ord. No. MC 3563; 9-13-2016 by Ord. No. MC 3582]
A. 
Except as otherwise provided in this chapter, the penalties for violations of this chapter are as follows:
Section
Short Description
1st Offense
2nd Offense
3rd Offense
4th Offense Maximum Fine;
Court Appearance Required
§ 460-10
Ground surface hazards or insanitary conditions
$50
$250
$500
$750
§ 460-11
Stormwater
$100
$250
$500
$1,000
§ 460-12
Appearance of premises and structures generally
$100
$250
$500
$1,000
§ 460-13
Landscaping
$50
$250
$500
$750
§ 460-14
Signs and billboards
$100
$250
$500
$1,000
§ 460-15
Windows
$100
$250
$500
$1,000
§ 460-16
Storefronts; security gates
$100
$250
$500
$1,000
§ 460-17
Removal of temporary signs or advertisements
$100
$250
$500
$1,000
§ 460-18
Awnings and marquees
$50
$250
$500
$750
§ 460-19
Structural soundness and general maintenance of structures
$100
$250
$500
$1,000
§ 460-20
Foundation walls
$50
$250
$500
$750
§ 460-21
Chimneys
$50
$250
$500
$1,000
§ 460-22
Porches, balconies, fire escapes
$50
$250
$500
$750
§ 460-23
Basements and cellars
$50
$250
$500
$1,000
§ 460-25
Freedom from infestation
$50
$250
$500
$750
§ 460-26
Accumulation of garbage and rubbish
$50
$250
$500
$750
§ 460-27
Floors generally
$50
$250
$500
$1,000
§ 460-28
Bathroom and kitchen floors
$50
$250
$500
$750
§ 460-29
Basement and cellar floors
$50
$250
$500
$750
§ 460-30
Supporting structural members
$50
$250
$500
$750
§ 460-31
Walls and ceilings
$50
$250
$500
$750
§ 460-32
Garbage removal
$50
$250
$500
$1,000
§ 460-33
Accumulation of refuse; fire hazards
$50
$250
$500
$750
§ 460-35A
Street numbers
$50
$250
$500
$750
B. 
Any person who shall knowingly and willfully violate or assist in the violation of this chapter shall, upon conviction, be punishable as provided in the general penalty provisions as set forth in Chapter 1, General Provisions, Article III. The term "person" as used in this section shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a building or part thereof.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Town Attorney shall, upon complaint of the Director of the Department of Housing Services or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove such violation and to take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law, and all remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as an election or the waiver of right to pursue any and all of the others.
Any person or persons jointly or severally aggrieved by any final order of the head of the code enforcement agency may seek to have such order reviewed by any court of competent jurisdiction as provided by the laws of the state.
All ordinances dealing with any part of the subject matter of this chapter shall remain in full force and effect during the period between the final adoption of this chapter and the date the same becomes effective, and after the effective date of this chapter such other ordinances shall remain in full force and effect except as provided in § 460-4.
[Amended 6-10-1975 by Ord. No. MC 2451; 1-13-1981 by Ord. No. MC 2622; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
In connection with the preparation of a notice or order as referred to in this chapter or in connection with his decision upon a hearing as herein provided, the Director of the Department of Housing Services is authorized to obtain the assistance and cooperation of any other official or employee of the Town whose duties may pertain to the subject matter of this chapter.