[HISTORY: Adopted by the Township Committee of the Township
of Hanover as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-12-2019 by Ord. No. 33-19]
A.
The Township Committee has reviewed public safety records and consulted
with first responders, and has determined that public nuisances may
exist on and about properties within the Township, resulting in the
excessive utilization of municipal services by these properties.
B.
The Township Committee has determined that the cost and expense incurred
by the Township as a result of providing excessive services to nuisance
properties should be paid by the respective owners of these properties,
and not paid through general tax funding.
C.
This article is intended to establish regulations and procedures
identifying and providing for the assessment and payment of the costs
and expenses of excessive consumption of municipal services associated
with these nuisance properties.
As used in this article, the following terms are defined as
set forth herein:
Living accommodations designed and used for occupancy by
one family only.
Any qualifying calls made to a property while that property
is on probationary nuisance status.
Properties on which activities occur that result in qualifying calls for municipal services during any sixty-consecutive-day period in excess of the number of calls listed on the schedule in § 180-5 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
A designation that applies to properties which, as determined
by a public officer, have received the requisite number of qualifying
calls from the Township within a sixty-consecutive-day period. Probationary
nuisance status is effective for a twelve-month period beginning on
the date of the public officer's determination. During probationary
nuisance status, the property owner is responsible to the Township
for user charges from each qualifying call.
Calls resulting from complaints, or violations of state or
local laws, regulations, or ordinances, including, but not limited
to, those concerning:
The sale, service, or consumption of alcoholic beverages.
Disorderly conduct, disturbing the peace, littering or excessive
noise.
Damage to property or injury to a person.
Improperly parking a vehicle, or any motor vehicle violation,
on private property.
Possession of a barking, howling, biting, or dangerous animal.
Possession, distribution, or use of a controlled substance.
Prostitution.
Public urination, defecation, or indecent exposure.
Criminal activity.
Township property maintenance, zoning, construction, fire, and
health codes.
Activity specifically determined to be qualifying by the Municipal
Judge.
A per-call fee starting at $500 and increasing by $100 per
call, for each additional qualifying call made to a nuisance property,
as defined herein above, within the twelve-month period following
the date a complaint is issued for excessive consumption of municipal
services.
Each Township department, division, agency, or authority, including
the Fire Districts, providing municipal services to properties shall
designate, either on a permanent or as-needed basis, one or more officials
to serve as a public officer to administer and enforce this article.
Officials that may serve in this capacity include, but are not limited
to: the Township Administrator; code enforcement officers; the Construction
Code Official or his or her designee; the Chief of Police or his designee;
an investigating police officer; the Health Officer; the Zoning Officer;
the Property Maintenance Officer; or the Fire Inspector.
A.
Each department, division, agency, or authority of the Township,
including the Fire Districts, providing municipal services to properties
in the Township, must keep and maintain records documenting the following
information concerning those properties serviced:
(1)
The exact address and Tax Map designation of the subject property.
(2)
The name and address of property owners and tenants, if known and
applicable.
(3)
The dates of the incident.
(4)
A full description of the nature of the incident and the violations.
(5)
The identity of the public employee providing the services.
B.
The department providing the excessive municipal services shall coordinate,
as needed, with other municipal agencies and the Police Department.
During any sixty-consecutive-day period, properties that necessitate
qualifying calls for municipal services that exceed the amounts set
forth in the following schedule are designated nuisance properties
and subject to the penalties and procedures established under this
article.
A.
Residential properties of one through four dwelling units eight qualifying
calls.
C.
Convenience, grocery, liquor and retail stores: 10 qualifying calls.
D.
Restaurants, bars, and adult entertainment establishments: 30 qualifying
calls.
E.
All properties not included in the preceding categories: 10 qualifying
calls.
A.
Whenever the public officer determines that any property has become
a nuisance property based on excessive consumption of municipal services,
he or she shall issue a summons and complaint reciting the location
of the property and the allegations supporting the officer's finding
of excessive use, the potential penalties, and setting forth the time
and location of a Municipal Court hearing on the matter.
B.
The complaint shall also provide notice to the property owner:
(1)
That the property is on probationary nuisance status for the 12 months
following the date of the complaint.
(2)
That during the probationary nuisance status period, each additional
qualifying call to the property will be subject to a user fee, which
fee shall equal $500 for the first such call and shall increase by
$100 for each subsequent call.
(3)
Listing the dates and the nature of the qualifying calls made to
the subject property that give rise to the determination of excessive
use.
(4)
Directing that the offending activities be immediately abated.
C.
The summons and complaint shall be served on the property owner,
as identified in the Township's tax records. Service shall be made
by regular mail and either certified mail return receipt requested,
or overnight delivery service to the last known address of the recipient
as it appears in Township records.
D.
If the whereabouts of the property owner are unknown and cannot be
ascertained by reasonable diligence, service of the summons and complaint
shall be effectuated as follows:
E.
Whenever an individual dwelling unit within a multifamily dwelling
has received five qualifying calls within a sixty-consecutive-day
period, the public officer shall notify the property owner as provided
hereunder so that the property owner can take action to abate the
nuisance. This notice shall be issued notwithstanding that the multifamily
dwelling did not receive the required number of qualifying calls that
would trigger a notice of violation.
A.
A hearing shall be held on the allegations recited in the complaint.
The Municipal Court of the Township shall have jurisdiction to hear
and determine in a summary manner proceedings for violations of any
of the provisions of this article.
B.
The public officer or officers involved shall present evidence and
testify at the hearing and may produce witnesses in support of the
allegations recited in the complaint. The property owner and any interested
party shall have the right to appear at the hearing and testify, produce
witnesses, and be represented by an attorney.
C.
The Municipal Court is charged with determining whether, in a sixty-consecutive-day period, the subject property received qualifying calls in excess of those permitted under § 180-5. If so, the Municipal Judge shall confirm that the property was on probationary nuisance status from the date of the complaint. If the Municipal Judge also determines that qualifying calls were made to the subject property during the probationary period, that fact shall be so noted in the Municipal Judge's findings. Based on these findings, the Municipal Judge shall enter an order sustaining or dismissing the charges.
D.
The following shall be memorialized in the Municipal Judge's order:
(1)
A finding of whether or not the subject property was on probationary
nuisance status.
(2)
A determination as to whether or not an excessive number of qualifying
calls were made to the subject property during the probationary nuisance
status period, in accordance with the schedule herein above.
(3)
If sustained, an assessment of the reasonable costs of litigation,
including, but not limited to, the costs of a court reporter and transcript,
and an administrative fee of $100.
(4)
If sustained, an assessment of a user fee, starting at $500 per call
and increasing by $100 per call, for each qualifying call in excess
of the permitted number.
E.
Following an affirmative Municipal Court judgment that a property
is on probationary nuisance status, additional qualifying calls to
the subject property following the hearing and within a one-year period
from the date of the complaint constitute a further violation of this
article and are subject to the aforementioned user fee, starting at
$500 per call and increasing by $100 for each call thereafter. A summons
and complaint shall be filed in the Hanover Township Municipal Court
for each subsequent qualifying call, each being a separate violation,
with the per-call penalty to be imposed upon a guilty plea or conviction.
Notice of this provision shall be incorporated in the Municipal Judge's
order.
F.
The Municipal Judge's order shall be served upon the appropriate
parties in the same manner as service of the complaint and notice
of hearing; except that, in the event the whereabouts of the property
owner cannot be ascertained, then the order shall also be recorded
in the Morris County Clerk's office.
A.
Any fees, costs, or penalties that remain unpaid 60 days from the
date of an order issued pursuant to this article shall be assessed
as a lien against the subject property, enforceable and collectible
in the same manner as liens for delinquent real property taxes and
municipal service charges.
B.
Pursuant to N.J.S.A. 40:52-1.2, municipal licenses, permits, and
certificates of occupancy applied for or issued to the subject property
may be revoked, suspended, withheld, or denied renewal for failure
to comply with and satisfy any payment obligations under an order
imposed pursuant to this article.
