[1980 Code § 121-84; Ord. No. O-28-12]
The Division Manager is hereby designated to serve as the chief
administrative agent hereunder, and all inspections, regulations,
enforcement and hearings on violations of the provisions of this Code,
unless expressly stated to the contrary, shall be under his direction
and supervision. He may appoint or designate, with the consent of
the Director of Code Enforcement, such other public officials or employees
of the Town to perform duties as may be necessary to the enforcement
of this Code, including the making of inspections and holding of hearings.
a.
Residential. All buildings and premises subject to this Code are
subject to inspection from time to time by a Code Enforcement Officer
of the Town. At the time of such inspections, all rooms in the building
and all parts of the premises must be available and accessible for
such inspections, and the owner, operator and occupant are required
to provide the necessary arrangements to facilitate such inspections.
Such inspections shall be made between 8:00 a.m. and 4:00 p.m. unless
one of the following conditions exists:
1.
The premises are not available during the foregoing hours for inspections.
2.
There is reason to believe that violations are occurring on the premises
which can only be apprehended and proven by inspections during other
than the prescribed hours or which require immediate inspection after
being reported, such as failure to supply heat.
3.
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety, requiring inspection and
abatement without delay.
b.
Nonresidential. All buildings and premises subject to this Code are
subject to inspection from time to time by the enforcing officer.
At the time of such inspections, all rooms and parts of the premises
must be available and accessible for such inspections, and the owner
and operator are required to provide the necessary arrangements to
facilitate such inspections. Such inspections shall be made during
regular open hours of the business occupying the premises unless there
is reason to believe a violation exists of a character which is an
immediate threat to health or safety, requiring inspection and abatement
without delay.
[1980 Code § 121-86]
Inspectors shall be supplied with official identification and
upon request shall exhibit such identification when entering any dwelling
unit, rooming unit or any part of any premises subject in this Code.
Inspectors shall conduct themselves so as to avoid intentional embarrassment
or inconvenience to occupants.
[1980 Code § 121-87]
a.
Penalties. Where the Division Manager 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.
b.
Administrative warrant.
1.
The Division Manager may, upon affidavit, apply to the Judge of the
Municipal Court of the Town of Morristown for an administrative warrant,
setting forth factually the actual conditions and circumstances that
provide a reasonable basis for believing that a nuisance or violation
of the Code may exist on the premises, including one or more of the
following:
(a)
The premises require inspection according to the cycle established
by the Town for periodic inspections of premises of the type involved.
(b)
Observation of the external condition of the premises and its
public areas has resulted in the belief that violations of the Code
exist.
(c)
Circumstances such as age of building, type of building, particular
use of premises or other factor render systematic inspections of such
buildings necessary in the interest of public health and safety.
2.
If the Judge of the Municipal Court of the Town of Morristown is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of an administrative warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist. Warrant for access may be issued by the Judge of the Municipal Court of the Town of Morristown upon affidavit of the Division Manager establishing grounds therefor pursuant to § 13-78.
[1980 Code § 121-88; Ord. No. O-44-93; Ord. No. O-37-05 § I; Ord. No. O-28-12]
Except as provided in Paragraph h, where a violation of this
Code or the regulations hereunder is found to exist, a written notice
from the Division Manager shall be served on the person or persons
responsible for the correction thereof.
a.
Contents of notice. 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, within which to correct or abate the
violation; the right of the person served to request a meeting with
the Division Manager; and that the notice shall become an order of
the Division Manager in 10 days after service unless a hearing is
requested pursuant to Paragraph c.
b.
Service of notice. Notice may be served personally or by first class
mail, addressed to the last known address of the person to be served.
In the case of an occupant, notice may be posted upon the door of
his dwelling unit or rooming unit. Where it is ascertained that 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, the notice may be
posted on the outside front entrance of the building. The Division
Manager 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 Division
Manager personally or by certified mail addressed to the Division
Manager. Service upon an owner, operator or occupant may also be attained
by service of any notice upon a member of the family of the owner,
operator or occupant. Date of service of the notice shall be determined,
where service is by mail, as of the day following the day of mailing
for notices to addresses within the Town, and as of the fourth day
after the day of mailing for notices to addresses outside the Town.
Where the day of service would fall upon a Sunday or other day when
mail is not ordinarily delivered, then the day of service shall be
the next regular delivery day. Notwithstanding any other provisions
herein contained, where premises are multiple-dwelling buildings subject
to registration pursuant to this chapter and have been so registered,
notice served upon the agent designated therein shall constitute service
upon the owner, operator and lessor of the premises, jointly and severally.
Where the owner, operator or lessor has failed to register the premises
as required, or if the present premises have been registered and if
the agent designated therein cannot be found at the address given
in the registration, the owner, operator or lessor affected thereby
may be served by posting notice upon the premises in a conspicuous
place as near as possible to the front entrance thereof.
c.
Notice to become an order unless meeting requested. Within 10 days
of the date of service of a notice, the notice shall constitute a
final order unless the person served requests a meeting with the inspector.
At the meeting, the person responsible for the property in question
and the inspector shall discuss the violation, and, where possible,
agree upon the abatement and time limit to abate the violation. In
the event the violation is not abated within the time agreed upon,
the inspector shall issue the summons.
d.
Summary abatement.
1.
Emergency. 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 Division Manager may either
abate the 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 Division Manager
shall abate the condition, immediately thereafter.
2.
Abatement of nuisances. Where a violation of this chapter or a nuisance
exists, other than violations described in Paragraph d3, and owner,
operator or occupant refuses to correct the condition within a period
of time not to exceed 15 days after receiving written notice of the
violation, the Town Council may direct the Director of the Department
of Code Enforcement or Director of Public Works to expand municipal
funds to abate the violation, as authorized by N.J.S.A. 40:48-2.12f.
The cost of abatement shall be a lien against the premises as more
particularly set forth in Paragraph e.
3.
Removal or destruction of brush, weeds and debris. Where the owner,
operator or occupant refuses to remove or destroy brush, weeds, including
ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash or debris within 10 days after written notice to remove
or destroy the same, the Enforcement Officer shall cause the violation
to be abated, as authorized by N.J.S.A. 40:48-2.13. The cost of abatement
shall be a lien against the property as authorized by N.J.S.A. 40:48-2.14
and more particularly Paragraph e of this section. The Enforcement
Officer under this section shall include the Director of Code Enforcement
or designee, the Director of Public Works or designee, or the Chief
of Police or designee.
4.
Cutting of brush and hedges near roadways and intersections. Where
the owner, operator or occupant refuses to maintain the brush, hedges
and other plant life growing within 10 feet of a roadway, or within
25 feet of the intersection of two roadways at a height of not more
than 25 feet, and fails and refuses to cut the hedges within 10 days
of written notice to do so, the Enforcement Officer shall cause the
violation to be abated as authorized by N.J.S.A. 40:48-2.26. The cost
of abatement shall be a lien against the property as authorized by
N.J.S.A. 40:48-2.27 and more particularly set forth in Paragraph e
of this section. Enforcement Officer under this section shall include
the Director of Code Enforcement or designee, the Director of Public
Works or designee, or the Chief of Police or designee.
e.
Cost of abatement to be a lien against the premises.
1.
Where abatement of any nuisance or violation is ordered pursuant
to Paragraph d1 or d2, requiring correction of a defect, demolition
or maintenance of the premises in a proper condition so as to conform
to municipal ordinances or State law applicable thereto requires expending
Town moneys therefor, the Director of the Department of Code Enforcement
or Director of Public Works or their designees shall present a report
of work proposed to be done to accomplish the foregoing to the Town
Council with an estimate of the cost thereof, along with a summary
of the proceedings undertaken by the Division Manager to secure compliance,
including notices served upon owners, operators, lessors or agents,
as the case may be, any hearing, or orders of the Division Manager
with reference thereto, and costs of emergency abatement of conditions
constituting an immediate threat to life and limb. The Council may
thereupon by resolution authorize the abatement of the nuisance, correction
of the defect or work necessary to place the premises in proper condition
and in compliance with ordinances of the Town and laws of the State.
The Director of the Department of Code Enforcement may thereafter
proceed to have the work performed in accordance with the resolution
at Town expense, not to exceed the amount specified in the resolution,
and shall upon completion thereof submit a report of the moneys expended
and costs to the Council. After review of the same, the Council 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 filed
with the Tax Collector of the Town, who shall be responsible for the
collection thereof, and a copy of this report shall be sent by certified
mail to the owner.
2.
Where abatement is ordered pursuant to Paragraphs d3 and d4, the
Enforcement Officer shall file a certification of the cost of abatement
with the Council, which shall examine the certificate. If the Council
finds the certification of the Enforcement Officer shall be correct,
then it shall direct that the cost as shown thereon be charged against
the lands, and a copy of its action shall be filed with the Tax Collector
and mailed to the owner of the property. The amount so charged shall
forthwith become a lien upon such lands and shall be added to and
become and form a part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes, as authorized by N.J.S.A. 40:48-2.14 and 40:48-2.27.
3.
Any action to abate a violation and charge the cost of abatement
as a lien upon the lands shall be in addition to any provision for
enforcement of violations of this chapter in the Municipal Court.
f.
Referral of violations. Any violation of any ordinance other than
this Code discovered by a Housing Inspector shall be reported to the
Division Manager, who shall refer the alleged violation to the official
or agency responsible for the enforcement of such other ordinance.
g.
Extension of time where dispossess action undertaken. Where there
exists a violation of occupancy standards hereunder, an owner or operator,
upon receipt of a notice of violation, if unable to eliminate the
violation by peaceable means within the period of time specified in
said notice, shall commence within such period 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.
h.
Where notice and hearing not required prior to court proceedings.
1.
Notwithstanding the requirements of this subsection through Paragraph d, violations of the following sections may be prosecuted without notice by the filing of a complaint by the Division Manager or Property Maintenance Inspector in the Municipal Court: §§ 13-12a,4, 13-27, 13-28, 13-32, 13-39c through f, 13-42, 13-43, 13-44, 13-45c., 13-52, 13-56, 13-57, 13-58, 13-78, 13-80, 13-88 and 13-90. No notice shall be required on the enforcement of § 13-12a4 hereof as to the removal of accumulated snow or ice from paths, walks, driveway, parking lots and parking areas used by pedestrians and automobiles where such snow or ice remains uncleared within eight hours of daylight after the termination of snowfall.
2.
Where the Division Manager, after reinspection, 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
Division Manager's first giving notice to the owner, operator or occupant,
by the filing of a complaint by the Division Manager in the Municipal
Court.
i.
Effect of notice on owner. 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 said violations are abated in conformity with this Code
and the other applicable ordinances of the Town of Morristown.
j.
The mayor or his designee may act as custodian. In accordance with the authority of N.J.S.A. 40:48-2.12g, in addition to other remedies provided herein, where the Division Manager has issued an order requiring the abatement of a nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the Town of Morristown and laws of the State applicable thereto, and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the Division Manager or/other designee of the Mayor may, for the purposes of correcting any of the foregoing conditions, act as custodian of any building or structure subject to registration in accordance with the provisions of § 13-90 hereof, and may act as custodian, enter into and take charge of the premises and supervise the abatement of any nuisance, correction of defect or placing of the premises in compliance with municipal ordinances and State laws. For the performance of the duties of custodian, the Town of Morristown shall receive for the services from the owner, operator and lessor of the premises such compensation, approved by the Town Council, as costs and expenses, the same to be certified and collected as provided in Paragraph e.
