[HISTORY: Adopted by the Township Council
of the Township of Moorestown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-27-1988 by Ord. No. 1421]
The purpose of this article is designed to protect
the public safety, health and general welfare of the residents of
Moorestown by establishing minimum standards governing appearance,
condition and occupancy of residential and nonresidential premises;
to avoid, prevent and eliminate the maintenance or creation of hazards
to the public; to prevent the creation, continuation, extension or
aggregation of blight; to prevent and eliminate conditions on property
which constitute nuisances and potential dangers to the life, health
or safety of persons on or near the premises on which such conditions
exist; to establish minimum standards governing the maintenance and
condition of land and premises within the Township; to fix responsibility
and duties upon owners, lessees, lending institutions, mortgage holders,
operators and occupants of property; and to provide for enforcement,
administration and for penalties. The Township further finds that
the reduction of litter upon public or private property is an important
concern and is necessary to implement its own requirements, as well
as the requirements of the New Jersey Department of Environmental
Protection’s Clean Communities Program.
[1]
Editor’s Note: This ordinance also changed the title
of this chapter from “Littering” to “Property Maintenance.”
[Amended 9-14-2009 by Ord. No. 22-2009]
As used in this article, the following terms
shall have the meanings indicated:
That space on the same lot with a principal building situated
between the front street line or lines and the front line of the building
projected to the side property lines. The depth of the front yard
shall be measured along a line perpendicular to the front street from
the point furthest to the foundation of the structure or building
furthest from such street line.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material or any combination thereof,
including but not limited to any bottle, jar or can or any top, cap
or combination thereof, including but not limited to any bottle, jar
or can or any top, cap or detachable tab of any bottle, jar or can,
any unlighted cigarette, cigar, match or any flaming or glowing material
or any garbage, trash, refuse, debris, rubbish, grass clippings or
other lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of tree farming,
farming or manufacturing.
A container suitable for the depositing of litter.
The following conditions, individually or in combination:
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Township
of Moorestown.
Any condition existing in or on the exterior of any premises
which is potentially dangerous, detrimental or hazardous to the life,
health or safety of persons near or passing within the proximity of
the premises on which such condition exist.
Any premises which are unsanitary or which container litter,
refuse, rubbish or garbage or which have an uncontrollable growth
of weeds, shrubs, trees or vegetation injurious to the health and
safety of persons at, adjacent to, adjoining or passing by the premises.
Any growth of grass or weeds which exceeds six inches when measured
from the ground to the top of the growth.
Any person residing, living or sleeping in or on the premises
or having actual possession or use of the premises or any part thereof,
whether or not the owner thereof, and regardless of the duration of
time of such possession or use.
Any person, persons or entity who is not the owner, but who
has charge, care or control of a premises or part thereof with or
without the knowledge, consent or authority of the owner.
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.A.C. 46:10B-51 (P.L. 2008,
c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity
determined by the Township to have authority to act with respect to
the property.
[Amended 4-27-2015 by Ord. No. 8-2015]
A lot, plot or parcel of land, including the buildings or
structures thereon.
The required open space, the full width of the lot, extending
along the rear boundary line or property line of the lot; provided,
however, that the following encroachments are permitted: overhanging
eaves, gutters or cornices, steps and the exterior portion of a chimney
foundation, limited to a maximum encroachment of 36 inches in depth.
The required open space from the front yard to the rear yard
on the lot extending along the side boundary line or property line
of the lot; provided, however, that the following encroachments are
permitted: overhanging eaves, gutters or cornices, steps and the exterior
portion of a chimney foundation, limited to a maximum encroachment
of 36 inches in depth.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation,
including but not limited to any property meeting the definition of
abandoned property in N.J.S.A. 55:19-80; provided, however, that any
property where all building systems are in working order, where the
building and grounds are maintained in good order, or where the building
is in habitable condition, and where the building is being actively
marketed by its owner for sale or rental, shall not be deemed a vacant
property for purposes of this article.
[Added 4-27-2015 by Ord.
No. 8-2015]
[Added 4-27-2015 by Ord.
No. 8-2015[1]]
A.
Registration. Effective immediately, the owner of any vacant property
as defined herein shall, within 30 calendar days after the building
becomes vacant property or within 30 calendar days after assuming
ownership of the vacant property, whichever is later, or within 10
calendar days of receipt of notice by the municipality, file a registration
statement for such vacant property with the Township Clerk on forms
provided by the Township Clerk for such purposes. Failure to receive
notice by the municipality shall not constitute grounds for failing
to register the property.
(1)
Each property having a separate block and lot number as designated
in the official records of the municipality shall be registered separately.
(2)
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 18
years or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and e-mail address (if applicable) of the firm and the actual name(s)
of the firm's individual principal(s) responsible for maintaining
the property. The individual or representative of the firm responsible
for maintaining the property shall be available by telephone or in
person on a twenty-four-hour-per-day, seven-day-per-week basis. The
two entities may be the same or different persons. Both entities shown
on the statement must maintain offices in the State of New Jersey
or reside within the State of New Jersey.
(3)
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection D of this section for each vacant property registered.
(4)
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than two months prior to that date.
(5)
The owner shall notify the Clerk within 30 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose.
(6)
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement or court
proceeding instituted by the Township against the owner or owners
of the building.
B.
Access to vacant properties. The owner of any vacant property registered
under this article shall provide access to the Township to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
or designated agent. Such inspections shall be carried out on weekdays
during the hours of 9:00 a.m. and 4:00 p.m., or such other time as
may be mutually agreed upon between the owner and the Township.
C.
Responsible owner or agent.
(1)
An owner who meets the requirements of this article with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate himself or herself as agent or as the
individual responsible for maintaining the property.
(2)
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforcement
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner who has consent
to the continuation of the agent's designation for the purposes
of this section until the owner notices the Township of Moorestown,
in writing, of a change of authorized agent or until the owner files
a new annual registration statement.
(3)
Any owner who fails to register vacant property under the provisions
of this article shall further be deemed to consent to receive, by
posting on the building, in plain view, and by service of notice at
the last known address of the owner of the property on record within
the Township of Moorestown by regular and certified mail, any and
all notices of code violations and all process in an administrative
proceeding brought to enforce code provisions concerning the building.
D.
Fee schedule. The initial registration fee for each building shall
be $500. The fee for the first renewal is $1,500, and the fee for
the second renewal is $3,000. The fee for any subsequent renewal beyond
the second renewal is $5,000.
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Initial registration
|
$500
|
|
First renewal
|
$1,500
|
|
Second renewal
|
$3,000
|
|
Subsequent renewal
|
$5,000
|
E.
Requirements of owners of vacant property. The owner of any building
that has become vacant property, and any person maintaining or operating
or collecting rent for any such building that has become vacant shall,
within 30 days thereof:
(1)
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township of Moorestown Code, or
as set forth in the rules and regulations supplementing those codes;
and
(2)
Secure the building from unauthorized; and
(3)
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well
maintained and free from trash, debris, loose litter, and grass and
weed growth; and
(4)
Continue to maintain the structure in a secure and closed condition
and keep the grounds in a clean and well maintained condition.
F.
Violations.
(1)
Any person who violates any provisions of this section of the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this section shall be recoverable from the owner and
shall be a lien on the property.
(2)
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days or receipt of notice
by the municipality, and failure to provide correct information on
the registration statement, or failure to comply with the provisions
of such provisions contained herein, shall be deemed to be violations
of this article.
[Added 4-27-2015 by Ord.
No. 8-2015]
A.
Public Officer designated. The Public Officer, charged with the responsibility
for identifying abandoned properties and giving notice as set forth
in N.J.S.A. 55:19-82, shall be that officer designated by the Manager
pursuant to N.J.S.A. 55:19-80. The abandoned properties so identified
shall include any properties found unfit for occupancy.
B.
Duties of Public Officer.
(1)
The Public Officer shall identify all properties within the municipality
which are deemed abandoned pursuant to N.J.S.A. 55:19-78 et seq.
(2)
Each item of abandoned property shall be identified by tax block
and lot number, the name of the owner of record (if known), and the
street address of the lot.
(3)
Upon identification of abandoned property, the Public Officer shall
create and maintain a list of such property to be called the "Abandoned
Property List." Properties may be added to the list at any time or
deleted from the list at any time the Public Officer finds that the
property no longer meets the definition of an abandoned property.
An interested party may request that a property be included on the
abandoned property list following the procedure set forth in N.J.S.A.
55:19-105.
(4)
An abandoned property shall not be included on the Abandoned Property
List if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of the rehabilitation
work authorized by those permits. A property on which an entity other
than the municipality has purchased or taken assignment from the municipality
of a tax sale certificate, which has been placed on the Abandoned
Property List, may be removed from the list in accordance with the
provisions of N.J.S.A. 55:19-103. Notwithstanding the foregoing, a
property deemed unfit shall be subject to an order setting forth a
specific time within which the repair, alteration or improvement of
such unfit structure shall be made.
C.
Additional duties of Public Officer; notice.
(1)
The Public Officer, within 10 days of the establishment of the abandoned
property list, or any additions thereto, shall send a notice, by certified
mail, return receipt requested, and by regular mail, to the owner
of record of every property included on the list and shall cause the
list to be published in the official newspaper of the municipality,
which publication shall constitute public notice. The published and
mailed notices shall identify the property determined to be abandoned,
setting forth the owner of record (if known), the tax lot and block
number, and street address. The Public Officer, in consultation with
the Tax Collector, shall also send out a notice by regular mail to
any mortgagee, servicing organization, or property tax processing
organization that receives a duplicate copy of the tax bill pursuant
to Subsection d of N.J.S.A. 54:4-64. When the owner of record is not
known for a particular property and cannot be ascertained by the exercise
of reasonable diligence by the Tax Collector, notice shall not be
mailed but instead shall be posted on the property in the manner provided
in N.J.S.A. 40:48-2.7. The mailed notice shall indicate the factual
basis for the Public Officer's finding that the property is abandoned
property, as that term is defined in N.J.S.A. 55:19-81, and the rules
and regulations promulgated thereunder, specifying the information
relied upon in making such finding. In all cases, a copy of the mailed
or posted notice shall also be filed by the Public Officer in the
office of the Burlington County Clerk. This filing shall have the
same force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6.
(2)
The Public Officer shall seek reimbursement for the postage costs and search fees associated with providing notice in accordance with Subsection C(1) of this section from the authority (as defined in N.J.S.A. 40:48-2.4), or its subsidiaries, in accordance with procedures and rules promulgated by the Department of Community Affairs.
D.
Criteria for the determination of abandonment.
(1)
Any property that has not been legally occupied for a period of six
months and meets any one of the following criteria, as determined
by the Public Officer, may be deemed abandoned:
(a)
The property is in need of rehabilitation in the judgment of
the Public Officer and no rehabilitation has taken place during the
six-month period;
(b)
Construction was initiated on the property and then discontinued
for a period of at least six months, leaving the building unsuitable
for occupancy;
(c)
At least one installment of real property tax remains unpaid
or delinquent; or
(d)
The property has been determined to be a nuisance pursuant to
N.J.S.A. 55:19-82.
(2)
A property which contains both residential and nonresidential space
may be considered abandoned so long as 2/3 or more of the net square
footage of the building was previously legally occupied as residential
space and none of the residential space has been legally occupied
for at least six months and otherwise meets the criteria of either
subsection above.
(3)
Notwithstanding the foregoing, a property shall not be placed on the Abandoned Property List if an entity other than the municipality has purchased a tax sale certificate with respect to the same and the owner of the certificate has continued to pay all municipal taxes and liens on the property in the year when due and the owner of the certificate has taken action to initiate foreclosure proceedings within six months after the property is eligible for such action and diligently pursues the same. In addition, a property used on a seasonal basis shall not be deemed abandoned unless it meets two of the additional criteria set forth in Subsection D(1) above.
E.
Options for enforcement by the municipality. The Public Officer may,
as appropriate and in the discretion of the Public Officer, proceed
to obtain repair, alteration, improvement, or demolition of a property
on the Abandoned Property List, including those deemed unfit for occupancy,
pursuant to either the provisions authorized by N.J.S.A. 40:48-2.3
et seq., as implemented by this chapter of this Code or as authorized
by N.J.S.A. 55:19-54 through 55:19-59 and N.J.S.A. 55:19-78 through
55:19-107 as set forth below. Pursuant to the provisions of N.J.S.A.
55:19-82, a property determined by the Public Officer to be a nuisance
under the provisions of Subsection 82 of the statute shall be subject
to the notice provisions of this chapter.
F.
Remedies available under the "Abandoned Properties Rehabilitation
Act." The Public Officer shall have all of the powers available to
the municipality, its agents, servants and employees, under the Abandoned
Properties Rehabilitation Act (N.J.S.A. 55:19-78 et seq.). Specifically,
the Public Officer may:
(1)
When the owner or party in the interest has failed to submit or initiate
a rehabilitation plan, bring a summary action in Superior Court to
transfer possession and control of the property to the municipality
for the development of such a plan. Upon being granted possession
and control, in addition to adopting a rehabilitation plan, the municipality
may commence and maintain further actions to conserve, protect or
dispose of the property, recover costs and expenses of the rehabilitation,
and if owner does not apply for reinstatement of control as provided
for by N.J.S.A. 55:19-92, sell the property as directed by the court.
(2)
After filing a notice of intent to take control of the property pursuant to N.J.S.A. 55:19-86, enter onto the property as provided for in Subsection C of this section of the statute in order to inspect, secure, stabilize, or repair the property for purposes of preparing a rehabilitation plan.
(3)
Upon a proper showing to the court, seek to obtain title to the property
or sell same with the proceeds of such transaction to be distributed,
in the following priority, for:
(a)
The costs and expenses of sale;
(b)
Other government liens;
(c)
Repayment to the municipality for any borrowing or indebtedness
granted priority lien status pursuant to N.J.S.A. 55:19-98;
(d)
A reasonable development fee to the municipality consistent
with the standards established by the Department of Community Affairs
or N.J. Housing and Mortgage Finance Agency for rehabilitation programs;
(e)
Other valid liens and security interests in accordance with
their priority; and
(f)
The owner.
(4)
With approval of the court, place a lien on the property to cover
the costs of proceeding under this article and N.J.S.A. 55:19-78 et
seq.
G.
Additional powers available to the municipality. In addition to those
powers set forth above, the municipality may proceed to tax sale on
the property pursuant to N.J.S.A. 55:19-56, designate a qualified
rehabilitation entity to act on behalf of the municipality in rehabilitating
the property, borrow funds to facilitate the powers given to the municipality
in rehabilitating the property, borrow funds to facilitate the powers
given to the municipality under the law and seek priority lien status
for such borrowings. The purpose of this section is to provide the
municipality with all powers granted to it by the legislature under
N.J.S.A. 40:48-2.3 et seq., N.J.S.A. 55:19-54 et seq., and N.J.S.A.
55:19-78 et seq., which are incorporated herein and made a part hereof.
H.
Additional notice required. Notice of violations of property maintenance,
building or other property codes for and any property declared vacant
and abandoned pursuant to this section shall be given to a foreclosing
creditor pursuant to the applicable notice procedures as required
by P.L. 2014, c. 35.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s.
I.
Creditor responsibility. Pursuant to the provisions of the Public
Laws of 2014, Chapter 35, a creditor filing a summons and complaint
to foreclose a lien on a residential property that is vacant and abandoned,
whether the filing of the summons and complaint is made before or
after the determination that the property is vacant and abandoned,
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the residential property. This obligation applies
whether the determination that the property is vacant and abandoned
is made by the Public Officer pursuant to the provisions of this section
of the Code of the Township of Moorestown, pursuant to the provisions
of N.J.S.A. 2A:50-73 or otherwise.
J.
Notice to creditor; time to correct violations. If the public officer,
or other authorized municipal official, determines that a creditor
obligated to care, maintain, secure and keep up a vacant and abandoned
property has failed to do so in violation of the provisions of this
section, the public officer or other authorized municipal official
shall issue a notice of violation to the creditor that has filed a
summons and compliant to foreclose on the property in question. The
notice shall require the person or entity to correct the violation
within 30 days of receipt of the notice, or within 10 days of receipt
of the notice if the violation presents an imminent threat to public
health and safety. The issuance of this notice shall constitute evidence
that a property is "vacant and abandoned" for purposes of N.J.S.A.
2A:50-73.
K.
Designated representative of out-of-state creditor; violation. An
out-of-state creditor shall include the full name and contact information
of the in-state representative or agent in the notice required to
be provided to the municipal clerk pursuant to Paragraph (1) of N.J.S.A.
46:10B-51. An out-of-state creditor found by a court of competent
jurisdiction to have violated this provision shall be subject to a
fine of $2,500 for each day of the violation commencing on the day
after the ten-day period set forth in Paragraph (1) of N.J.S.A. 46:10B-51
with respect to notifying the municipal clerk that an action to foreclose
on the property has been filed.
L.
Violations and penalties. Any person, firm, corporation or entity
violating any provision of this section shall, upon conviction, be
punishable as provided for in this section of this Code. A creditor
required to care, maintain, secure and keep up a property under this
section cited in a notice issued shall be subject to a fine of $1,500
for each day of the violation.
It shall be unlawful for any person to throw,
drop, discard or otherwise place litter of any nature upon any public
or private property, other than in a litter receptacle.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including:
sidewalks used by pedestrians in active retail commercially zoned
areas, such as that, at a minimum, there shall be no single linear
quarter-mile without a receptacle; buildings held out for use by the
public, including schools and government buildings; parks, drive-in
restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; and at special events to which the public is
invited, including sporting events, parades, carnivals, circuses and
festivals. The proprietors of these places or the sponsors of these
events shall be responsible for providing and servicing the receptacles
so that adequate containers are available.
It shall be unlawful for any person to discard
or dump along any street or road, on or off any right-of-way, any
household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture, or private
property, except by written consent of the owner of said property,
in any place not specifically designated for the purpose of solid
waste storage or disposal.
It shall be unlawful for any property owner
to store or permit the storage of any bulky household waste, including
but not limited to household appliances, furniture and mattresses,
except in a fully enclosed structure.
It shall be unlawful for any property owner
to store or to permit the storage of tires on a residential property,
except in a fully enclosed structure.
It shall be unlawful for any property owner
to park or permit the parking of any motor vehicle on his or her residential
lawn.
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
or refuse.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to
be kept the sidewalk and curb abutting the building or structure free
from obstruction or nuisances of every kind and to keep sidewalks,
areaways, backyards, courts and alleys free from litter and other
offensive material. No person shall sweep into or deposit in any gutter,
street, catch basin or other public place any accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
premises free of litter. All sweepings shall be collected and properly
containerized for disposal.
[Added 9-24-1990 by Ord. No. 1548-90; amended 9-14-2009 by Ord. No. 22-2009]
The following standards for maintenance of a
premises shall be the minimum conditions for maintenance for each
and every premises within the Township of Moorestown. It shall be
a violation of this property maintenance code for any owner, operator
or occupant to allow or permit any premises owned, operated or occupied
by such person or entity to fail to comply with each of the following
standards. It shall further be a violation of this property maintenance
code for any owner, operator, or occupant to occupy or, as an owner,
operator, or occupant, to permit or allow another to occupy or use
premises which do not comply with the following standards:
A.
All exterior
property areas and premises shall be maintained in a clean, safe and
sanitary condition free from accumulation of litter.
B.
All areas
shall be kept free from weeds or plant growth which is noxious, dangerous
or detrimental to the public health and safety.
C.
It shall
be unlawful for any property owner to permit any grass, weeds, bushes
or other vegetation to become overgrown. Grass and weeds shall be
kept trimmed to a height of six inches or less at all times.
[Added 7-11-2011 by Ord.
No. 11-2011]
[Amended 9-14-2009 by Ord. No. 22-2009]
The provisions of this article shall be enforced
by the Township Manager or one of more enforcement officers designated
by the Township Manager with authority to enforce the provisions of
this article.
A.
Said enforcement
officer shall be officers and employees of the Township of Moorestown.
B.
Whenever a Township official charged with enforcement of this article determines that there is or has been a violation of any provision of this article, he or she shall give notice of such violation to the person, persons or entities listed as owners of the subject property on the records of the Township Tax Assessor in accordance with Subsection C set forth below and to any known operator or occupant. The notice shall direct that the violation be removed, abated, cured, prevented or remediated within 10 days of the date of service of said notice, exclusive of the date of service, or summons issued for such violation. In the event that the violation is not abated, removed, cured, prevented or remediated from or otherwise fully remedied within the specified period as set forth in the notice, a summons may be then filed in the Municipal Court of the Township of Moorestown against the person, persons, entity or entities so notified.
C.
Service
of notice.
(1)
In
the event of a violation of this article, notice of said violation
shall be served upon the property owner, operator and occupant of
the premises as determined from the records of the Township Tax Assessor
and other reliable sources of information, either personally or by
mail. In the event of service by mail, it shall be made by registered
or certified and by regular mail. Service by regular mail shall be
considered valid. If all of the mailings are returned undeliverable,
service shall be accomplished by posting the notice at the subject
property.
(2)
Service
may also be made by personal service of notice upon the owner, operator
or occupant or upon a member of the family of the owner over 14 years
of age residing in the same dwelling as the owner, operator or occupant.
D.
Emergency
situations. Where the violations or conditions that exist on the premises
are of such a nature as to constitute an immediate threat to life
and limb unless abated without delay, the Township Manager, or his
designee, or the Township Director of Public Works may either abate
the violation or condition immediately or order the owner, occupant
or operator to correct the violation or condition within a period
of time not to exceed 48 hours. Upon failure to do so, the Township
Manager, or his designee, or the Director of Public Works may abate
the condition immediately.
[Added 9-14-2009 by Ord. No. 22-2009]
In the event that the owner of the subject property does not
abate the violation within the time set by the Township Manager, or
his designee pursuant to § 103-12B of this article, in addition
to any other penalty, the Township Manager or his designee may abate
the violation. Upon completion of the work, the Township Manager or
his designee shall present to the Township Council a report of the
work and all costs associated therewith, along with a summary of the
proceedings undertaken to secure compliance, including notices served
upon the owner, operator and occupant of the subject property. The
Township Council may thereupon, by resolution, approve the amount
of costs expended in the abatement of the violation, whereupon the
same shall become a lien against the subject property, collectible
as provided by law. A copy of the resolution approving the amount
of costs shall be certified by the Township Clerk and filed with the
Tax Collector of the Township of Moorestown, who shall be responsible
for collection of costs, and a copy of the resolution shall be mailed
to the owner of the subject property by certified and regular mail.
