[Adopted 10-14-2016 by Ord. No. 2015-16]
A. 
N.J.S.A. 55:19-82 sets forth the criteria for determining a property to be a nuisance. A public officer who determines a property to be a nuisance pursuant to this statute shall follow the due process requirements set forth in N.J.S.A. 40:48-2.3 et seq. which are also set forth in detail in this article.
B. 
N.J.S.A. 40:48-2 provides, in relevant part, that a municipality may make, amend, repeal and enforce ordinances to protect the public health, safety and welfare. This statute is an express delegation of police power to a municipality.
C. 
N.J.S.A. 40:48-2.5 preserves the power of municipalities to define and declare nuisances and to cause their abatement or removal by summary proceedings in accordance with the due process requirements set forth in N.J.S.A. 40:48-2.3 through 40:48-2.12. The right of summary action to abate or remove public nuisances also exists at common law.
D. 
N.J.S.A. 40:48-2.12a provides, in relevant part, that a governing body of a municipality may make, amend, repeal and enforce ordinances to regulate buildings and structures and their use and occupation to prevent and abate conditions therein harmful to the health and safety of the occupants of said buildings and structures and the general public in the municipality.
E. 
N.J.S.A. 40:48-2.12n acknowledges a growing problem with rental properties in many municipalities in the state. The Legislature found and declared that municipal residents have experienced disturbances, damage and public expense resulting from carelessly granted and inadequately supervised rentals to irresponsible tenants by inept or indifferent landlords.
A. 
The governing body of the municipality finds and declares that there are properties located within the community that constitute a nuisance which require the abatement or removal of the nuisance by summary proceedings.
B. 
Nuisance properties create a wide range of problems for a municipality in which they are located. These properties foster criminal activity, create public health problems and otherwise diminish the quality of life for residents and business operators in those areas where the nuisance properties are located.
C. 
Nuisance properties also diminish the property values of neighboring properties, increase the risk of property damage through arson and vandalism and discourage neighborhood stability and revitalization.
D. 
The continued presence of nuisance properties in the municipality acts as a significant barrier to community revitalization and to the regeneration of the urban centers.
E. 
The responsibility of a property owner to supervise his or her property and monitor the activities of tenants to prevent it from becoming a nuisance to others extends to properties which are in use. The failure of an owner to comply with legitimate orders to abate or remove the nuisance creates a presumption that the owner has abandoned his or her responsibility to maintain the property free and clear of public nuisances.
F. 
The responsibility of a property owner to maintain a property in sound condition to prevent it from becoming a nuisance to others also extends to properties which are not in use and in a state of deterioration by neglect. The failure of an owner to comply with legitimate orders to demolish, repair or otherwise stabilize his or her property creates a presumption that the owner has abandoned his or her responsibility to maintain the property free and clear of public nuisances.
G. 
It is the purpose and intent of these regulations to identify these nuisance properties and provide for the timely abatement or removal of the nuisance through summary proceedings.