[R.O. 1966 C.S. § 13A:2-1; 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-F, 6-15-2016]
Except as otherwise provided in these Revised General Ordinances
or by law, the provisions of this Title shall be administered and
enforced by the Directors of the Department of Health and Community
Wellness and the Department of Public Works, herein referred to as
the Directors.
[R.O. 1966 C.S. § 13A:2-2; Ord.
6 S+FF, 2-5-1986 § 1; Ord. 6 S+FJ, 9-16-1987 § 1; Ord. 6 S+FD, 6-7-1995; Ord. 6 S+FH, 2-21-2007 § 1]
a. Any person found guilty of violating any provision of this Title
shall be punished by a fine not exceeding $10,000. There shall be
a minimum fine of $2,500 for each violation of the provision of this
Title when such violation involves a commercial source or trade waste.
Each violation and each day a violation is committed or permitted
to continue shall constitute a separate violation and shall be punishable
as such.
b. Any person found guilty of violating any provision of Chapter 6 of
this Title, "Disposal Facilities and Illegal Dumping," shall be punished
by a fine not exceeding $10,000, or by imprisonment for a term not
exceeding 90 days, or both.
c. Such penalties shall be assessed against the property owner in addition
to the costs for the removal and clean up of substances herein referred
from the lands described in any notice given by the City.
d. Whenever vacant property has been cleared by the City on two or more
occasions and the owner of the property makes no effort to prevent
further accumulation of substances herein referred, the City may abate
further accumulation taking any appropriate steps as are deemed necessary
by the City.
e. Should the property owner be found to be the responsible party for
a violation of this Title, the cost of abatement shall be certified
to the Tax Collector and such costs shall thereupon become a lien
upon the property to the same extent as liens for unpaid municipal
property taxes. In addition thereto, the City may have an auction
to recover such costs against the owner of such lands in any court
having jurisdiction thereof.
f. Any person found guilty of violating any provision of this Title
within one year of the date of a previous violation of the Title and
was fined for the previous violation, shall be sentenced to an additional
fine as a repeat offender. The additional fine imposed upon a person
for a repeated offense shall not be less than the minimum or exceed
the maximum fine fixed for a violation of this Title, but shall be
calculated separately from the fine previously imposed for the violation
of this Title.
[R.O. 1966 C.S. § 13A:2-3; Ord.
6 S+FH, 12-18-1985 § 1; Ord. 6 S+FS, 11-5-1986 § 1; Ord. 6 S+FB, 3-4-1987 § 1; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
a. In enforcing this Title the Newark Municipal Court shall utilize
the form of summonses as provided by the State administrative office
of the courts.
b. The Director of the Department of Engineering, all employees of the
Division of Engineering and Contract Administration, and the Office
of Inspections and Enforcement as well as the Department of Water
and Sewer Utilities; and all employees so authorized by the Director
of Water and Sewer Utilities, the Director of the Department of Health
and Community Wellness and all employees of the Divisions of Health
and Inspection of the Department of Health and Community Wellness;
the Director of the Department of Public Works and all employees so
authorized by the Director of the Department of Public Works; the
Director of the Department of Economic and Housing Development and
all employees so authorized by the Director of the Department of Economic
and Housing Development; all municipal elected officials and all law
enforcement officers and all investigators, Alcoholic Beverage Control
of the Division of Police, the Director of the Department of Public
Safety and all employees so authorized by the Director of the Department
of Public Safety, are hereby authorized and empowered to perform as
Law Enforcement Officers solely with respect to the enforcement of
the provisions of this Title by being empowered to issue summonses
for any violations thereof in accordance with the rules governing
the courts of the State of New Jersey.
c. Nothing in this section shall be construed to impair or limit in
any way the power of the City to define and declare nuisances and
to cause their removal and abatement by summary proceedings or otherwise
nor is this Title intended to limit the authority of the Directors
to abate nuisances.