The Township Administrator is designated to supervise and direct
all inspections, regulations, enforcements and hearings on violations
of the provisions of this code, unless expressly stated to the contrary.
Other public officials or employees of the Township may be designated
by ordinance or the Township Administrator to perform duties as may
be necessary to the enforcement of this code including the making
or inspections and holdings of hearings.
[Amended by Ord. No. 6-96]
A.
All buildings and premises subject to this code are subject to inspections from time to time by the enforcing officer, or officers, of the Township. Inspections shall be mandatory prior to the conveyance of title of any real estate and upon the reletting of any tenancy of any real estate. In the event that the subject tenancy concerns a single-dwelling unit of a multiunit building, the inspection shall be required only with respect to that certain single-dwelling unit. Applications for the mandatory inspection must be made no less than 10 days prior to the desired date of the issuance of the inspection report or the date the real estate is to be occupied by the new owner or the new tenant. Applications for inspections shall be made in accordance with § 396-69.
B.
In the event that any owner of real estate within the Township fails or neglects to obtain the mandatory inspection prior to any new occupancy or reletting of any real estate, the owner and/or landlord shall be subject to the maximum fines and penalties prescribed in Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Township of Edgewater Park, concerning fines and penalties.
Enforcement officials and officers shall be supplied with official
identification and upon request shall exhibit such identification
when entering any structure or any part of any premises subject to
this code. Inspectors shall conduct themselves so as to avoid intentional
embarrassment or inconvenience to the occupants.
Where the enforcing official or his agent is refused entry or
access or is otherwise impeded or prevented by the owner, occupant
or operator from conducting an inspection of the premises, such person
shall be in violation of this code and subject to the penalties hereunder.
Enforcing officials may, upon affidavit, apply to the judge
of the Township for a search warrant setting forth factually the actual
conditions and circumstances that provide a reasonable basis for believing
that a nuisance or violation of this code exists on the premises,
and if the judge is satisfied as to the matter set forth in the said
affidavit, he shall authorize the issuance of a search warrant permitting
access to and inspection of that part of the premises on which the
nuisance or violation exists.
Where a violation of this code or the regulations hereunder
is bound to exist, a written notice from the enforcing official shall
be served on the person or persons responsible for the correction
thereof.
The notice shall specify the violation or violations committed,
what must be done to correct same, a reasonable period of time not
to exceed 30 days to correct or abate the violation, the right of
the person served to request a hearing, and that the notice shall
become an order in 10 days after service unless a hearing is requested.
The notice shall also advise the recipient that if the violation is
not corrected or abated, the municipality may do same, the cost of
which shall become a lien on the subject property.
Notice may be served personally or by prepaid telegram or by
mail with postage prepaid, addressed to the last known address of
the person to be served. In the case the premises are occupied, notice
may be accomplished by posting upon the front door of the structure.
Where it is ascertained the owner does not reside on the premises,
the "last known address" shall be the address of the owner as shown
in the office of the Tax Collector. If the last known address cannot
be ascertained, service may be accomplished by mailing the notice
with postage prepaid to the mortgagee, if there be one, and by posting
the notice on the front door of the premises and printing the notice
in the legal advertising media at least one time. The enforcing officer
shall file and provide notice to any owner, operator or occupant of
any violation at any address other than the last known address provided
hereunder if such other address is filed with the enforcing officer
personally or by certified mail addressed to the enforcing officer.
Service upon an owner, operator or occupant may also be attained by
service of any notice upon a member of the family over 14 years old
of the owners, operator or occupant. Date of service of notice shall
be determined where service is by mail as of the day following the
date of mailing for notices to addresses within the Township and as
of the third day after the day of mailing for notices to addresses
outside of the Township. Where the day of service would fall upon
a Sunday or other day where mail is not ordinarily delivered, then
the day of service shall be the next regular delivery day.
Within 10 days of the date of service of a notice, the notice
shall constitute a final order unless any person affected by the notice
requests a hearing thereon, serves a written request within the ten-day
period in person or by mail on the Township Administrator. Such request
for a hearing shall set forth briefly the grounds or reasons on which
the request is based and the factual matters contained in the notice
of violation which are to be disputed at the hearing. The Township
Administrator, upon receipt of the request, shall within 30 days therefrom
and upon five days' notice to the party aggrieved set the matter
down for a hearing.
At any hearing provided hereunder, the Township Administrator
shall be vested with all the powers provided by law to compel the
attendance of witnesses and parties in interest by issuance and service
of subpoena the production of books, records or other documents at
any such hearing which may be pertinent to matters to be determined
by him and to enforce any such subpoena or secure any order for the
enforcement of any such subpoena as provided by law. Determination
shall be made within 10 days from the completion of the hearing. The
Township Administrator shall issue an order either incorporating the
determinations and directions contained in the notice, modifying the
same or withdrawing the notice.
The Township Administrator may extend the time for correction
or abatement of the violations for an additional period of time not
to exceed 30 days, except where major capital improvements or renovations
are involved, in which instance the time for completion may be extended
for a period not to exceed 90 days beyond the expiration date of the
original notice.
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Township Administrator may either
abate the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days, and upon failure to do so, the Township
Administrator shall abate the condition immediately thereafter.
Where abatement of any nuisance as defined herein, correction
of a defect in the premises or the maintenance of the premises in
a proper condition so as to conform to municipal ordinances or state
law applicable thereto requires expending Township moneys therefor,
the enforcing officer shall present a report of work proposed to be
done to accomplish the foregoing to the Township Administrator with
an estimate of the cost thereof along with a summary of the proceedings
undertaken by the enforcing officer to secure compliance, including
notices served upon the owners, operators, lessors or agents, as the
case may be, and hearings and orders of the Township Administrator,
with reference thereto. The Township Administrator may thereupon order
the abatement of the nuisance, correction of the defect of work necessary
to place the premises in proper condition and in compliance with ordinances
of the Township and laws of the state. The enforcing officer may thereafter
proceed to have the work performed in accordance with the order at
Township expense not to exceed the amount specified in the order,
and shall upon completion thereof submit a report of the moneys expended
and costs to the Township Administrator. After review of the same,
the Township Committee may approve the expenses and costs whereupon
the same shall become a lien against the premises collectible as provided
by law. A copy of the resolution approving the expenses and costs
shall be certified by the Township Clerk and filed with the Tax Collector
of the Township, who shall be responsible for the collection thereof,
and a copy of this resolution shall be sent by certified mail to the
owner.
Where there exists a violation of this code, an owner or operator,
upon receipt of a notice of violation, if unable to eliminate the
violation by peaceable means within such period, may take legal action
to dispossess, evict or eject the occupants who cause the violation.
No further action hereunder shall then be taken against the owner
or operator so long as the action aforesaid is pending in the court
and is prosecuted expeditiously and in good faith.
A.
Violations may be prosecuted without notice by the filing of a complaint
by the enforcing officer in the municipal court. No notice shall be
required on the enforcement of the removal of accumulated snow or
ice from paths, walks, driveways, parking lots and parking areas used
by pedestrians and automobiles where such snow or ice remains uncleared
within 24 hours after the termination of the snowfall.
B.
Where the Township Administrator, after hearing, shall determine
that there was a violation and a notice was served upon the owner,
operator or occupant, whether or not said violation was abated prior
to the issuance of an order, if thereafter within the space of one
year there shall be a second violation by the same owner, operator
or occupant of the same provision of this code discovered on the same
premises, the offender may be prosecuted on the second violation without
the enforcing officer first giving notice and opportunity for a hearing
to the owner, operator or occupant, by the filing of a complaint by
the enforcing officer in the municipal court. Where the Township Administrator
has on two different occasions found violations by the same owner,
operator or occupant on the same premises and has issued notices on
each and has held at least one hearing and issued an order thereon,
upon discovering a third or subsequent violation by the same owner,
operator or occupant on the same premises within the space of one
year, whether the same sections or of any other sections of this code
he may thereupon prosecute the offender by filing a complaint in the
municipal court for the third or subsequent violation occurring within
the period of one year without first providing notice and opportunity
for a hearing by the Township Administrator.
For the purposes of enforcement of this code, the service of
a notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violations set forth therein until violations
are abated in conformity with this code and the other applicable ordinances
of the Township.
B.
Meaning of "each violation." Each violation of a section or subsection
of this code shall constitute a separate and distinct violation independent
of any other section or subsection or any order issued pursuant to
this code. Each day's failure to comply with any such section
or subsection shall constitute a separate violation.
C.
Additional penalty for second violation. Where an owner, operator
or occupant has been convicted of a violation of this code, and within
12 months thereafter has been found by the judge of municipal court
to be guilty of a second violation, the court may, if it finds that
the second offense was wilful and inexcusable, sentence the offender
in addition to or in lieu of the fine set forth to imprisonment in
the county jail for a period not to exceeds 90 days.
D.
Application to officers or agents. Where the defendant is other than
a natural person or persons, the penalties shall also apply to any
agent, superintendent, officer, member or partner who shall alone
or with others have charge, care or control of the premises.
E.
Fine as a lien. In the event of the imposition of a fine or penalty
by the municipal court or any other court of competent jurisdiction
against the owner, operator or lessor of any building or structure
in the Township required to be registered for violation of any Township
ordinance or any state law applicable to the Township, the fine or
penalty shall be collectible as a lien against the premises, in addition
to any other remedies now provided by law.
The repeal of any provisions of any other ordinances by this
code shall not affect any action for prosecution or abatement under
any such ordinance or any notice, complaint or order issued by any
officer or agency of the Township prior to the adoption of this code
or concerning which any prosecution or other steps of enforcement
have been taken or are being taken within any administrative agency
or in the municipal court for enforcement thereof.
The Township Administrator is authorized and empowered to promulgate
such written rules and regulations as may be necessary for the proper
interpretation and administration of the provisions of this code,
provided that such rules and regulations do not conflict with this
code and conform to the general standards prescribed by this code.
The Township Administrator shall file copies of such rules and regulations
with the Township Clerk which shall be available during regular business
hours. Such rules and regulations shall have the same force and effect
as the provisions of this code, and the violations thereof shall be
enforced as violations of the express provisions of this code as herein
provided.
