[Added 8-8-2018 by Ord. No. 1284-2018]
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.
A. 
Whenever the public officer, in consultation with the municipal Chief of Police or his/her designee, shall determine that any property has become a nuisance property by its consumption of excessive municipal services, the public officer shall prepare a complaint and notice of hearing setting forth the location of the property and the allegation as to the excessive use of municipal services, and a notice of hearing setting forth the date, time and place of the hearing which shall not be scheduled earlier than 30 days from the date of service of the notice. The complaint shall also provide notice:
(1) 
Specifying the types and dates of qualifying calls made to the subject property; and
(2) 
Of the Borough's demand for the abatement of the activities resulting in the qualifying calls.
(3) 
The amount any nature of the penalty to be imposed in the event the property owner, tenant or occupant fails to respond to the complaint.
B. 
The complaint and notice of hearing shall be served upon the property owner and, if a requisite number of qualifying calls involve the same tenant or occupant on the property, also the tenant or occupant. Service shall be made personally or by regular and certified mail, return receipt requested, by mailing the complaint and notice of hearing to the last known address of such person.
C. 
If the whereabouts of the property owner or the tenant/occupant are unknown and cannot be ascertained in the exercise of reasonable diligence, then service of the pleadings on such person shall be made as follows:
(1) 
By publishing the complaint and notice of hearing once in the official newspaper of the Borough; and
(2) 
By posting the complaint and notice or hearing in a conspicuous place on the building affected by the complaint.
D. 
Whenever an individual dwelling unit within a multifamily dwelling has received five qualifying calls within a thirty-day period, the public officer shall notify the property owner and tenant/occupant, in the same manner as provided in Subsection B and C above, of the fact so that the property owner can take appropriate action to abate the nuisance. This notification shall be made even if the multifamily dwelling has not received the required number of qualifying calls within a thirty-day period which would trigger a notice of violation.
E. 
The public officer may also, but is not required to, notify the owner, tenant or occupant of any property at any time that the number of qualifying calls to that property is in excess of 50% of the number as set forth in § 48-27.
A. 
The public officer shall present evidence and testify at the hearing and may produce witnesses in support of the allegations contained in the complaint. The property owner and any party of interest shall have the right to appear at the hearing and cross-examine the public officer, cross-examine any witnesses produced by the public officer, testify, produce witnesses, and be represented by an attorney. At least 15 days in advance of the hearing, the public officer shall provide the property owner with all available records pertaining to the qualifying calls, all documents and other evidence which the public officer intends to introduce at the hearing and the names and addresses of any witnesses.
B. 
The hearing officer shall determine at the hearing whether the subject property received qualifying calls during the subject thirty-day period in excess of that as set forth in § 48-27 for the type of property being considered. If so, the hearing officer shall adjudge the property to be a nuisance and shall determine the number of qualifying calls made to the subject property during that period and shall assess a fine in the amount of $250 for each qualifying call, together with an administrative fee of $500, the cost of legal services, expert witness fees, search fees, and advertising expenses incurred in connection with the hearing.
C. 
The hearing officer may also, in his reasonable discretion, require the property owner to take specific steps to alleviate or eliminate the nuisance condition, including, but not limited to the (1) the installation of security lighting, and/or the installation of security cameras with WiFi or other real time accessibility to the Wildwood Crest Police Department, (2) the hiring of security personnel, (3) maintaining a tenant list containing the names of those persons who are permitted on the property which list shall be accessible to the Police Department. Upon a second or subsequent offence, suspend or revoke the property owners mercantile license.
D. 
A copy of the order shall be served on the property owner and, if applicable, tenant and occupant, personally or by regular and certified mail, return receipt requested, by mailing the order to their last known address.
E. 
If the whereabouts of the property owner, tenant or occupant cannot be ascertained in the exercise of reasonable diligence, then service of the order shall be made on such person as follows:
(1) 
By publishing the order once in the official newspaper of the Borough of Wildwood Crest;
(2) 
By posting the order in a conspicuous place on the building affected by the order; and
(3) 
By recording the order in the Cape May County Clerk's office.
F. 
Within 45 days of the date of the hearing officer's order, the property owner or interested party may file a de novo appeal to the Superior Court of New Jersey styled as an action in lieu of prerogative writ.
G. 
Upon conclusion of the hearing and the hearing officer's determination, the property shall be considered to have no qualifying calls and a new thirty-day qualifying call cycle shall begin.
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.