As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended. Those terms not defined herein shall have the
meaning attributed to them in other provisions in the municipal code:
EXCESSIVE MUNICIPAL SERVICES
Any qualifying calls made to a property while that property
is on probationary nuisance status shall constitute excessive municipal
services.
HEARING OFFICER
The Director of Licensing and Inspections shall be the hearing
officer for matters as required in this article.
NUISANCE PROPERTY
Properties on which activities occur that result in qualifying calls for municipal services during any sixty-day period in excess of the number of such calls shown on the schedule in §
190-9 shall be considered nuisance properties and shall be subject to the penalties and procedures as described in this article.
PROBATIONARY NUISANCE STATUS
Probationary nuisance status shall apply to a property during
the twelve-month period beginning on the date of notice that the public
officer has determined that the property has received the requisite
number of qualifying calls within a sixty-day period and during which,
depending on the outcome of a hearing, the property owner and tenant/occupant,
if applicable, shall be liable to the City for user charges for each
qualifying call.
QUALIFYING CALLS
Calls resulting from violations of state or local laws, regulations
or ordinances shall be considered qualifying calls for purposes of
the provisions of this article. The list below is not exhaustive,
and the hearing officer is authorized to determine if any calls for
violations not specifically identified below shall also constitute
a qualifying call. However, calls for permitting, licensing, inspections
or similar administrative functions shall not be considered qualifying
calls. Qualifying calls are calls for violations of any law, regulation
or ordinance relating to;
A.
The sale, service or consumption of alcoholic beverages;
B.
Disorderly conduct, disturbing the peace, littering, or excessive
noise;
C.
Damage to property or injury to a person;
D.
Improperly parking of a vehicle or any motor vehicle violation
on private property;
E.
Possession of a barking, howling, biting or dangerous animal;
F.
Possession, distribution or usage of a controlled dangerous
substance;
H.
Public urination, defecation or indecent exposure;
J.
City codes, including Property Maintenance, Zoning and Health
violations.
USER FEE
The user fee shall be a fee of $300 for each additional qualifying
call made to the subject property within the twelve-month period following
the date that a complaint is issued for the excessive consumption
of municipal services.
The Director of the Mercantile Office can be someone else, just
not Director of Licensing since he is the hearing officer or his/her
designee(s) is hereby designated as the public officer authorized
to follow the procedures as set forth in this article.
Properties on which activities occur that result in qualifying
calls for municipal services during any sixty-day period that exceed
the number indicated on the schedule below shall be considered nuisance
properties and shall be subject to the penalties and procedures as
described in this article:
A. Residential properties consisting of a one through four dwelling
units: five qualifying calls;
B. Multifamily dwelling and hotel/motel uses consisting of:
(1) Five through 40 dwelling units: 10 qualifying calls;
(2) Forty-one through 80 dwelling units: 20 qualifying calls;
(3) Eighty-one through 200 units: 30 qualifying calls;
(4) Over 200 dwelling units: 40 qualifying calls;
C. Convenience, grocery, liquor and retail stores: 10 qualifying calls;
D. Restaurants, bars and adult entertainment establishments: 30 qualifying
calls;
E. Casino hotels: 200 qualifying calls as a base amount plus an additional
30 qualifying calls for each food or beverage outlet and 10 qualifying
calls for each retail store within the property;
F. All other properties not specifically identified in this schedule:
10 qualifying calls.
Upon the failure to comply with the terms of the order for the
payment of money owed to the municipality by any owner of property
against which costs, fee or penalties was assessed in accordance with
the provisions of this article, the total cost established is hereby
assessed as a lien against the subject property. The assessment shall
be collected and the lien may be enforced in the same manner as real
estate tax amounts and liens are assessed, collected and enforced.
Such enforcement of unpaid moneys due under this article shall include
the right by the municipality to revoke, suspend or not issue or renew
municipal licenses or permits related to the subject property in accordance
with N.J.S.A. 40:52-1.2.
Any person aggrieved by an order issued by the Director of Licensing
and Inspections under this article may file an appeal with the New
Jersey Superior Court, Law Division, within 45 days from the date
of the adoption of the resolution in accordance with Rule 4:69 of
the New Jersey Rules of Court.