As used in this article, the following terms shall have the
following meanings unless the context clearly indicates a different
meaning is intended. Those terms not defined herein shall have the
meaning attributed to them in other provisions in the municipal code:
EXCESSIVE MUNICIPAL SERVICES
Any qualifying calls made in connection with qualifying incidents occurring on or in connection with a property when those calls exceed the number of calls as set forth in §
48-27 of this article.
HEARING OFFICER
The person selected by the Borough to conduct the hearings
required by this article. The hearing officer shall be a neutral and
impartial adjudicator.
NUISANCE PROPERTY
Properties on which qualifying incidents occur that result in qualifying calls for municipal services during any thirty-day period in excess of the number of such calls as set forth in §
48-27 of this article shall be considered nuisance properties and shall be subject to the penalties and procedures as described in this article.
QUALIFYING CALLS
Calls for police services, code enforcement, fire prevention
or housing inspection services resulting from qualifying incidents
occurring on the property. It shall not be necessary that qualifying
calls or the qualifying incident in connection therewith result in
a conviction in a court of competent jurisdiction, the call for service
shall be sufficient to establish a qualifying call.
QUALIFYING INCIDENT
The following are examples of qualifying incidents which
constitute a public nuisance. It shall not be necessary that incident
result in a conviction in a court of competent jurisdiction. These
examples are not intended to restrict in any way the criteria set
forth in this article.
A.
Alcoholic beverage violations as defined in New Jersey State
Statutes and applicable local ordinances;
B.
Disorderly or petty disorderly conduct as defined in the New
Jersey Code of Criminal Justice and applicable local ordinances;
C.
Disturbing the peace as defined in the New Jersey Code of Criminal
Justice and applicable local ordinances;
D.
Trespassing, as defined in the New Jersey Code of Criminal Justice
and applicable local ordinances;
E.
Excessive noise as defined in applicable local ordinances;
F.
Littering as defined in the New Jersey Code of Criminal Justice
and applicable local ordinances;
G.
Improperly parking a vehicle in violation of Title 39 of the
New Jersey State Statutes and applicable local ordinances;
H.
Possession of a barking or howling animal as defined in New
Jersey State Statutes and applicable local ordinances;
I.
Possession or distribution of a controlled dangerous substance
as defined in the New Jersey Code of Criminal Justice.
The Borough of Wildwood Crest's Business Administrator, or his/her
designee, shall serve as the public officer authorized to follow the
procedures as set forth in this article.
The Wildwood Crest Police Department is responsible for keeping
and maintaining records detailing information regarding the services
provided, and shall provide a report to the public officer containing
the following information:
A. The location of the subject property;
B. The name and address of the property owners, tenants and persons
committing offenses, if known and applicable;
C. The date and the nature of the call and services;
D. The nature of the violation or violations;
E. The name of each public employee providing the municipal services.
Properties on which qualifying incidents occur that result in
qualifying calls for municipal services during any thirty-day period
that exceed the number indicated below shall be considered nuisance
properties and shall be subject to the penalties and procedures as
described in this article:
A. Residential properties consisting of a one through four dwelling
units: five qualifying calls.
B. All other property types including, but not limited to, multifamily
dwellings in excess of four units, hotel/motels, commercial/retail
uses and restaurants: 10 qualifying calls.
Upon the failure to comply with the terms of the order for the
payment of money owed to the Borough by any owner of property against
which costs, fee or penalties was assessed in accordance with the
provisions of this article, the total cost established shall be assessed
as a lien against the subject property. The assessment shall be collected
and the lien may be enforced in the same manner as real estate tax
amounts and liens are assessed, collected and enforced. Such enforcement
of unpaid moneys due under this article shall include the right by
the Borough to revoke, suspend or not issue or renew municipal licenses
or permits related to the subject property in accordance with N.J.S.A.
40:52-1.2.