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City of Wildwood, NJ
Cape May County
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Table of Contents
Table of Contents
In accordance with the provisions of R. S. Cu. Supp. 40:49-5.1, et seq., a code is hereby adopted as a standard governing supplies, utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary and fit for human habitation, occupancy and use, and governing the condition of dwellings. A copy of the code is attached to and made a part of this chapter without the text being included herein.
The code adopted and established by this chapter is commonly known as the "New Jersey State Housing Code," approved by the Departments of Health and Conservation and Economic Development, and filed in the Office of the Secretary of State on July 13, 1962, and is sometimes referred to in this chapter as the "housing code."
Three copies of the housing code have been placed on file in the office of the city clerk and shall remain on file there for the use and examination of the public.
The authority for a municipality to adopt a housing code by reference is found in R. S. Cu. Supp. 40:49-5.1, et seq.
The provisions of this section shall be enforced by the building inspector or the housing inspector, or their duly constituted agents or employees.
a. 
In order to insure compliance with the provisions of this section, the building inspector or the housing inspector, or their agents or employees, shall have the right to enter and examine any dwelling, dwelling unit, rooming unit or premises in the city for the purpose of making inspections between the hours of 9:00 a.m. and 8:00 p.m. This paragraph shall not be construed to prohibit the building inspector or the housing inspector, or their agents or employees from entering any premises at any time when an actual emergency exists which tends to create a danger to the public health or safety, or at any time when an inspection is requested by the owner or occupant of the premises. Upon the presentation of proper identification, the owner, occupant or person in charge of any dwelling, dwelling unit or rooming unit, shall give the building inspector or housing inspector, or their agents or employees free access to the premises for the purpose of inspection.
b. 
Every occupant of a dwelling, dwelling unit, rooming unit or premises shall give the owner of the premises or his agent or employee access to the premises at all reasonable times for the purpose of making repairs or alterations which are necessary to comply with the provisions of this section, or any regulation adopted or lawful order issued under the authority granted by this section.
In the event that the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the building inspector or housing inspector, or their agents or employees may, upon affidavit, apply to the magistrate of the city for a search warrant, setting forth that the inspection is part of a regular program of inspections or that conditions and circumstances exist that provide reasonable grounds for believing that a violation of this section exists on the premises. If the magistrate is satisfied as to the matters set forth in the affidavit, he shall issue a search warrant permitting access to and inspection of that part of the premises upon which the violation may exist.
a. 
The housing inspector may adopt rules and regulations which interpret or amplify any provision of this section, or which are necessary for the proper enforcement of this section, or for the purpose of making this section more effective. No regulation, however, shall be inconsistent with, alter or amend any provision of this section, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by this section. Rules and regulations shall not be effective until certified copies thereof are filed with the city clerk. Violations of rules and regulations shall be subject to the same penalty as other violations of this section.
b. 
The housing or property inspector shall also have the power to adopt rules and regulations pertaining to the maintenance of trees and shrubs on private property and in or along the public's right-of-way, and enforce same consistent with the procedure provided herein.
Whenever the housing inspector determines that there has been a violation of this section or any rule or regulation adopted under the authority granted by this section, he shall serve notice of the violation upon the person responsible. The notice shall be in writing and shall contain the following:
a. 
A description of the real estate affected sufficient to identify it.
b. 
A statement of the reasons why it is being issued.
c. 
A provision allowing a reasonable time for the performance of any act it requires.
d. 
A notice that a hearing shall be held by the director of public affairs and public safety at a time and place indicated in the notice, which hearing shall not be held less than ten days nor more than 30 days after service of the notice. The notice shall also advise the person upon whom it is served that he shall have the right to be represented by an attorney, to testify himself or to present witnesses in support of his position, to cross examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings.
e. 
A statement that the notice shall automatically become an order for compliance if the person upon whom the notice is served does not attend the hearing.
f. 
The notice shall contain an outline of the remedial action required of the owner, occupant or manager, which action is necessary to effect compliance with the provisions of this section and the rules and regulations adopted under the authority granted by this section.
Notice shall be served upon the person affected either personally or by leaving a copy at his usual place of abode in the presence of a member of the family above the age of 14 years who shall be informed of the contents of the notice, or by registered mail or certified mail, return receipt requested, to the person's last known address, or by any other method authorized by the laws of the State of New Jersey for the service of processes.
Whenever repairs, alterations, additions or replacements are required for the building or facility, the notice provided for in subsection 14-1.8 shall direct the person in violation to make application to the appropriate municipal authority for the necessary permit.
Any person affected by any notice which has been issued in connection with the enforcement under any provision of this section, or any rule, regulation adopted under the authority granted by this section shall be entitled to a hearing on the matter before the director of public affairs and public safety as set forth in the notice. The date and place of the hearing shall be as set by the director unless a petition is filed with the director by the person or persons named in the notice requesting a postponement of the hearing date and, in the judgment of the director, the petitioner has demonstrated good reason for the request to postpone the hearing date.
The hearing shall be conducted in the manner provided in section 2-16 of this revision. The rules of evidence prevailing in the courts shall not be controlling in any hearing held under the provisions of this section. Within ten days after the hearing, a copy of the written decision of the director of public affairs and public safety shall be served either personally or by registered or certified mail on the person who filed the petition for the hearing. The proceedings at the hearing, including the findings and decision of the director, shall be summarized, reduced to writing and entered as a matter of public record in the office of the city clerk.
After the hearing, the director shall sustain, modify or withdraw the notice depending on his findings as to whether the provisions of this section or the rules and regulations adopted under the authority granted by this section have been violated. The director may also modify any notice so as to authorize a variation from the provisions of the New Jersey State Housing Code when, be-cause of special conditions, a literal enforcement of the provisions of the code will result in practical difficulties or unnecessary hardship, provided that the spirit of the code will be observed, the public health and welfare secured, and substantial justice done.
If the director sustains or modifies the notice, it shall be an order and the owner, manager or occupant of the premises affected shall comply with the provisions of the order within a reasonable period of time as determined by the director and set forth in the order.
If the owner, manager or occupant of the premises affected by an order shall fail to comply with an order for compliance within the time as determined by the director and as set forth in the order, the director of public affairs and public safety may cause the building to be repaired, altered, or improved, or vacated and closed, or removed or demolished by the city.
Whenever the director of public affairs and public safety determines that an emergency exists which requires immediate action to protect the public health, safety or welfare, he may, without notice or a hearing, issue an order reciting the existence of the emergency hand requiring that action be taken which he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, an emergency order shall be effective immediately. Any person to whom an emergency order is directed shall comply with it immediately, but upon petition to the director of public affairs and public safety shall be afforded a hearing as soon as possible.
No per-son shall occupy as his living quarters or furnish to another for occupancy as living quarters, any dwelling, dwelling unit, rooming unit or premises which does not comply with all the provisions of the New Jersey State Housing Code.
The provisions of this section shall not in any way impair the right of the city or its officers or agents to institute at any time any legal proceedings, actions or prosecutions which are other-wise permitted by law or ordinance.
The costs of the filing of legal papers, expert witnesses fees, search fees and advertising charges incurred in the course of any proceeding under this section, and the cost of any repairs, alterations or improvements, or vacating and closing, or removing or demolishing any building or the cost of implementing any emergency order shall be a municipal lien against the real property for the benefit of which the cost was incurred. If a building is removed or demolished by the director of public affairs and public safety, he shall sell the materials comprising the building. The proceeds of any sale of these materials, or any sums derived from any contract for the removal or demolition of the building, shall be credited against the costs incurred by the city in connection with the building's removal or demolition. If there are no credits or the total of the costs exceeds the total of the credits, the detailed statement of costs and the amount due shall be filed with the city tax assessor or other custodian of the records or tax liens and a copy shall be sent to the owner by registered mail. If the total of the credits exceeds the costs, the balance remaining shall be deposited in the superior court by the director of public affairs and public safety, shall be secured in a manner that may be directed by the court and shall be disbursed according to the order or judgment of the court to the persons found to be entitled to it.
As used in this section:
a. 
BUILDING — Shall mean any structure or part of a structure, whether used for human habitation or not, including any outhouses or appurtenances belonging to it or usually used in connection with it.
b. 
BUILDING UNFIT FOR HUMAN HABITATION — Shall mean any building in which conditions exist that are dangerous or injurious to the health or safety of the occupants of the building, the occupants of neighboring buildings or other residents of the city. These conditions may include, but shall not be limited to, defects including the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair, structural defects or uncleanliness. The New Jersey State Housing Code adopted by section 14-1 shall be used as a guide in determining the fitness of a building for human habitation or occupancy or use.
c. 
PARTY IN INTEREST — Shall mean any person who has an interest of record in a building or who is in actual possession of it.
d. 
PUBLIC AUTHORITY — Shall mean any officer who is in charge of any department of the government of the City of Wildwood relating to health, fire, building regulations or other activities concerning buildings.
Whenever a petition is filed with the director of public affairs and public safety by a public authority or by at least five residents of the city charging that any building is unfit for human habitation, or wherever it appears to the director as a result of his own investigation that any building is unfit for human habitation, occupancy or use, he shall, if a preliminary investigation discloses a basis for the charges, issue and serve upon the parties in interest in the property affected a complaint stating the charges and containing a notice that a hearing shall be held by him at a time and place indicated in the notice, which shall not be less than ten days nor more than 30 days after service of the complaint. A notice shall also advise the person upon whom it is served of his rights under this section.
The hearing shall be conducted in accordance with the procedure established by section 2-16 of this revision. The rules of evidence prevailing in the courts shall not be controlling at any hearing held under the provisions of this section.
If, after notice and a hearing, the director of public affairs and public safety determines that the building in question is unfit for human habitation, occupancy or use, he shall serve upon the parties in interest in the premises a written order reciting his findings of fact and requiring the owner of the building to repair, alter or improve it within a reasonable time which shall be set forth in the order or, at the option of the owner, vacate the building and have it vacated and closed within the time set forth in the order.
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order, the director of public affairs and public safety may order the owner to remove or demolish the building within a reasonable time as specified in the order to remove or demolish.
If the owner fails to comply with an order to repair, alter or improve, or to vacate and close a building, the director of public affairs and public safety may cause the building to be repaired, altered or improved, or to vacate and close it. Where a building is closed by the director, a notice shall be posted on the main entrance of the building containing the following words: "This building is unfit for human habitation, occupancy or use. Use or occupation of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish a building, the director of public affairs and public safety may cause the building to be removed or demolished, or make a contract for its removal or demolition, after advertising and receiving bids in the same manner as for any other municipal contract.
The costs of the filing of legal papers, expert witnesses fees, search fees and advertising charges incurred in the course of any proceeding under this section, and the cost of any repairs, alterations or improvements, or vacating and closing, or re-moving or demolishing any building shall be a municipal lien against the real property for the benefit of which the cost was incurred. If a building is removed or demolished by the director of public affairs and public safety, he shall sell the materials comprising the building. The proceeds of any sale of these materials, or any sums derived from any contract for the removal or demolition of the building, shall be credited against the costs incurred by the city in connection with the building's removal or demolition. If there are no credits or the total of the costs exceeds the total of the credits, the detailed statement of costs and the amount due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and a copy shall be sent to the owner by registered mail. If the total of the credits exceeds the costs, the balance remaining shall be deposited in the Superior Court by the director of public affairs and public safety, shall be secured in a manner that may be directed by the court and shall be disbursed according to the order or judgment of the court to the persons found to be entitled to it.
In order to carry out the provisions of this section, the director of public affairs and public safety shall have the power:
a. 
To investigate or cause the investigation of, the condition of buildings in the city in order to determine which buildings are unfit for human habitation, occupancy or use.
b. 
To administer oaths and affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making an examination, provided that this is done in a manner that will cause the least possible inconvenience to the persons in possession.
d. 
To appoint any officers, agents or employees which he deems necessary to carry out the provisions of this section, and to fix their duties.
e. 
In general, to do any act necessary or appropriate to carry out the provisions of this section.
Complaints or orders issued by the director of public affairs and public safety under this section shall be served upon the persons affected, either personally or by certified mail, return receipt requested, addressed to the person's last known place of residence. If the whereabouts of the person to be served is unknown and cannot be ascertained by the use of reasonable diligence, service may be made by publishing the complaint or order once each week for two successive weeks in a newspaper circulating in the city. Where service is made by publication, a copy of the complaint or order shall be posted in a conspicuous place on the premises affected, and another copy shall be recorded or lodged for record with the Clerk of Cape May County.
Whenever the director of public affairs and public safety determines that an emergency exists which re-quires immediate action to protect the public health, safety or welfare, he may, without notice or a hearing, issue an order reciting the existence of the emergency and requiring that action be taken which he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, an emergency order shall be effective immediately. Any person to whom an emergency order is directed shall comply with it immediately, but, upon petition to the director of public affairs and public safety, shall be afforded a hearing as soon as possible.
Former Section 14-3, previously codified herein was deleted in its entirety by Ordinance No. 992-13.
Three copies of housing code (property maintenance) have been placed on file in the office of the city clerk and shall remain on file there for the use and examination of the public, being marked and designated as the International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Wildwood, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in subsection 14-4.2 of this section.
The Property Maintenance Code is amended and revised in the following respects:
a. 
Section 101.1 - Insert: City of Wildwood.
b. 
Section 103.5 - Insert: Appropriate Schedule None.
c. 
Section 112.4 - Insert: Dollar Amount in two locations - 0 - $1,000.00.
d. 
Section 302.4 - Insert: Height in inches - 10"
e. 
Section 304.14 - Insert: Dates in two locations - May 1st - October 1st.
f. 
Section 602.3 - Insert: Dates in two locations - October 1st - May 1st.
g. 
Section 602.4 - Insert: Dates in two locations - October 1st - May 1st.
That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section.
Nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed of this law, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
No person, whether a tenant or otherwise, shall keep or suffer any animal, domestic or otherwise, to be kept in any housing unit, or on the adjacent grounds of any property owned by or under the jurisdiction of a Public Housing Authority within the City of Wildwood.
Notwithstanding the provisions of subsection 14-6.1 hereof, this section shall not be construed as being applicable to aquarium fish, nor shall such section be applicable to any birds which are kept in cages and which birds are the property of any tenant of a Public Housing Authority of the City of Wildwood as of the effective date of this section.
Any person, partnership, firm or corporation who violates any subsection of this section shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days and/or a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
No person shall sell or transfer title to any dwelling unit or commercial structure within the confines of the City of Wildwood until that person has applied to the Code Enforcement Office of the City of Wildwood for a certificate of permitted continued occupancy certifying (1) that the property may be continued to be used as a dwelling unit and/or commercial; (2) the number of units for which continued occupancy shall be permitted; and (3) that the structure contained thereon is in compliance with the provisions of the Basic/National Existing Structure Code as published by Building Officials and Code Administrators International, Inc., also known as the BOCA Code, and has obtained from said office an inspection report regarding said premises.
No person shall purchase or accept title to any dwelling unit or commercial structure within the confines of the City of Wildwood until that person has applied to the Code Enforcement Office of the City of Wildwood for a certificate of permitted continued occupancy certifying (1) that the property may be continued to be used as a dwelling unit and/or commercial; (2) the number of units for which continued occupancy shall be permitted; and (3) that the structure contained thereon is in compliance with the provisions of the Basic/National Existing Structure Code as published by Building Officials and Code Administrators International, Inc., also known as the BOCA Code, and has obtained from said office an inspection report regarding said premises.
No person who purchases or accepts title to any dwelling unit or commercial structure within the confines of the City of Wildwood shall occupy or permit or authorize the occupancy of said dwelling unit or commercial structure unless he has obtained from the Code Enforcement Office of the City of Wildwood a certificate of permitted continued occupancy. Whenever the property is occupied by a tenant at the time of sale (.i.e. the date that settlement occurs) and the rental unit(s) has not passed inspection, said unit or units may continue to be occupied provided all such repairs or corrections are made within 90 days of the date of settlement unless the nature of the deficiency and the applicable law under which the inspection is made mandates a shorter time for repairs, in which event the shorter time shall govern. In the event that the conditions are not corrected within such 90 day period or sooner if required by law, the owner and any tenant occupying the unit shall be deemed in violation of this section and each and every day that the violation continues thereafter shall constitute a separate offense.
The requirements set forth in subsection 14-5.1 and subsection 14-5.2 above shall be deemed satisfied if any of the persons or entities specified therein shall obtain the inspection report or certification. The requirement of subsection 14-5.3 shall be deemed satisfied if any of the persons or entities specified therein obtain the required certification. In the event that none of the persons specified in subsections 14-5.1 and 14-5.2 above shall obtain the required report or certification, then each person set forth herein shall be deemed guilty of a separate and distinct offense. In the event that none of the persons specified in subsection 14-5.3 above shall obtain the required certification, then each person set forth herein shall be deemed guilty of a separate and distinct offense. It shall not be a defense to this act that any person charged hereunder acted in the belief that another person or entity was to fulfill the required provisions, it being the expressed intention of the Board of Commissioners of the City of Wildwood that all persons involved in the transfer of real property as specified herein be equally responsible for obtaining the certification required hereunder.
The fee for the inspection for a certificate of permitted continued occupancy shall be as follows:
Dwelling Units
One to five units
$95
Each additional unit
$10
Commercial Structures
0 to 1,999 square ft.
$100
2,000 to 4,999 square ft.
$125
5,000 to 9,999 square ft.
$150
10,000 to 14,999 square ft.
$175
Over 15,000 square ft.
$200
Once the violations set forth in the inspection report have been abated then a certificate shall be issued without further charges. It shall be the responsibility of the applicant or applicant's agent applying for the issuance of a certificate of permitted occupancy, to submit a survey of the property for purposes of calculating the fee. This shall be done prior to the inspection. Should the applicant or applicant's agent fail to submit a survey, with regard to commercial structures, then the fee for commercial structures shall be the maximum, to wit: two hundred ($200.00) dollars.
Before a certificate of permitted continued occupancy shall be issued, a code enforcement officer shall make an inspection of the premises to determine whether certificate may or may not be issued. A code enforcement officer shall ascertain if there are any violations of the various Uniform Commercial Code subcodes as well as the Basic/National Existing Structures Code (BOCA Code). The inspection shall remain viable for a period of 180 days. In the event the repairs are not made and a certificate obtained within that time then a new inspection must be conducted; a new fee will be charged in such event.
Applications for a certificate of permitted continued occupancy shall be submitted to the Construction Official of the City of Wildwood and once the application has been received by the construction official, the certificate indicating whether the present use may or may not be continued shall be issued within ten business days of the receipt of said application.
Each certificate of permitted continued occupancy shall remain valid for a period of 365 days or until the resale of the subject premises, whichever occurs first.
The following transfers shall be exempt from the requirements of this section:
a. 
New construction, provided that the original certificate of occupancy was issued within 24 months of the initial transfer. Resale of dwelling units otherwise qualifying as new construction shall not be exempt from the provisions of this section.
b. 
Transfer exempt from realty transfer fee (N.J.A.C. 18:16-5.1).
Any person who violates any subsection of this section shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days and/or a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
The exterior of all commercial and residential buildings, lot areas, premises and all structures thereon, located within the limits of the City of Wildwood, shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing or residing within the vicinity of said commercial or residential building or premise, and free of unsanitary conditions. Any of the foregoing shall be promptly removed and abated by the owner, operator, occupant or resident. It shall be the duty of the owner, operator, occupant or resident to keep the premises free of hazards which include, but are not limited to, the following:
a. 
Refuse. Broken glass, filth, garbage, trash, litter and debris.
b. 
Natural Growth. Brush, overgrown lawn, weeds, ragweeds, hedges, plant life, stumps, root and obnoxious growths, dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constituting a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
c. 
Overhangings. Loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute danger of falling on persons in the vicinity thereof.
d. 
Ground Surface Hazards or Unsanitary Conditions. Holes, broken or missing pavement, loose stone, excavations, breaks, projections, obstructions, ice, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises.
e. 
Sources of infestation.
f. 
All commercial and residential premises shall be landscaped and lawns, hedges, and bushes shall be kept trimmed and kept from becoming overgrown, trees, shrubs and other planting shall be replaced when the same have fallen or died.
Whenever it shall be necessary and expedient for the preservation of the public health, safety and general welfare, or to eliminate a fire hazard, the superintendent of public works shall issue, to the owner or tenant of lands lying within the City of Wildwood who has failed to comply with the provisions of subsection 14-8.1 above, a notice to remove and abate the violations of same.
The notice required in subsection 14-8.2, "Duty to Remove or Abate," shall be addressed to the owner or tenant of such lands, shall contain a description of the location of such lands, a list of the violations, and shall advise the owner or tenant of such lands that, if he fails to comply within the time required, he shall be subject to a penalty, and further that, upon his failure to comply, the removal will be accomplished by and under the direction of the Superintendent of Public Works of the City of Wildwood and the cost thereof shall be assessed against such lands and collected in the same manner as the taxes. If the person or corporation to whom such notice is addressed cannot be served with such notice within the City of Wildwood, such notice may be served by registered mail addressed to the last known address of such person or corporation.
Any owner or tenant of lands lying within the City of Wildwood who within ten days after the service of such a notice, fails or neglects to remove or abate the violations in accordance with said notice shall, upon conviction thereof, forfeit and pay a fine of not less than one hundred ($100.00) dollars and not more than one thousand ($1,000.00) dollars and shall be subject to imprisonment not to exceed 90 days.
Additionally, if any owner or tenant of lands lying within the City of Wildwood shall, within ten days after service of such notice, fail or neglect to remove in accordance with said notice, said removal shall be accomplished by or under the direction of the Superintendent of Public Works of the City of Wildwood, and he shall certify the cost thereof to the board of commissioners, who shall examine the certificate, and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and from part of the taxes next to be assessed and levied upon such lands, and 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.
The superintendent of public works is empowered and authorized to enforce the provisions of this section, including the issuance and service of correction notices and the issuance and service of summonses for failure to comply with the provisions of this section.
That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section.
Nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed of this law, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.