Whereas, there exists in this City many and numerous vacant lots which present a threat to the health, safety and welfare of the residents of the City due to the fact that they serve as dumping grounds for garbage, debris, glass and other harmful substances.
Whereas, the lots are a source of danger to juveniles in the area, a constant breeding ground for rodents and filled with objects that endanger the safety of children who might wander onto them.
Whereas, there is urgent need for immediate action by the appropriate authorized agencies for the elimination and reduction of such danger with respect to the vacant lots whenever the same shall be brought to their attention.
[R.O. 1966 C.S. § 14:13-1; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
The Director of the Department of Health and Community Wellness, or such subordinate officials as may be designated to act in his/her behalf, be and are hereby empowered to enter and to inspect each and every vacant lot in this City which has been vacant for a period of more than 30 days or any lot which becomes vacant as a result of demolition.
[R.O. 1966 C.S. 14:13-2; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
When any lot has been vacant for a period of 30 or more days or becomes vacant as a result of demolition and the Director or his/her designee certifies that the same constitutes a danger and a threat to the health, welfare or safety of persons in the area, a complaint shall be served upon the owner or parties in interest. The complaint shall contain (a) description of premises, (b) notice that a hearing will be held before the Director of the Department of Health and Community Wellness or his/her designated agent at a time fixed not less than 10 days after serving the complaint. The notice shall state that the parties in interest may file an answer no less than three days prior to the scheduled hearing and may appear in person.
[R.O. 1966 C.S. 14:13-3; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
After notice and hearing, the Director of the Department of Health and Community Wellness or his/her designee shall determine if a vacant lot under consideration constitutes a danger and a threat to the health, welfare or safety of persons in the area.
[R.O. 1966 C.S. § 14:13-4; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
a. 
If such positive determination is made the Director of the Department of Health and Community Wellness or his/her designee shall within 15 days after the hearing state in writing his/her findings and support his/her determination and within the 15 days issue and serve on all parties in interest an order to protect and secure the lot against intrusion, garbage dumping, unlawful entry or unlawful use or use inimical to the public health, safety and/or welfare within 30 days in the following manner:
1. 
The owner or owners shall have removed therefrom all filth, ashes, rubbish, refuse, junk, slop, wood, paper or other materials which are or may constitute a hazard to health or cause of accidents from the lot.
2. 
The owner or owners shall protect the lot by constructing a fence around the property. Specifications for the fence are:
(a) 
Minimum height—six feet.
(b) 
Fencing material must be of galvanized metal.
(c) 
Minimum two inch outside diameter galvanized pipe for all line posts.
(d) 
Minimum 2 1/2 inch, outside diameter for all terminal posts, gates, ends, and corner posts.
(e) 
All terminal posts must be set in concrete footings, at a minimum of 30 inches in the ground.
(f) 
All line posts must be driven minimum of 30 inches into the ground.
(g) 
Fencing material must be of minimum number nine gauge galvanized wire with a two inch mesh; and
(h) 
Coil spring minimum number seven gauge wire to provide proper tension.
In no case should barbed wire, wood or similar materials dangerous to children be used.
3. 
It shall be the continuing responsibility of the owner or owners to so maintain the fence and protect the property as herein above set forth so long as the same shall remain vacant.
[R.O. 1966 C.S. § 14:13-5; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
All complaints, notices, and orders issued by the Director of the Department of Health and Community Wellness shall be served either personally or by registered mail or if reasonable diligence is required by (a) publishing the same once each week for two successive weeks in a newspaper printed and distributed in the City, (b) posting the notice on the premises in question.
[R.O. 1966 C.S. § 14:13-6; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
Upon the failure of the owner or owners to protect the lot within the period specified in Section 16:12-4, immediate notice shall be given by the Director of the Department of Health and Community Wellness to the Director of Engineering and upon receipt of such notice the Director of Engineering shall forthwith protect the property as hereinabove set forth.
[R.O. 1966 C.S. § 14:13-7]
The costs thereof shall be certified by the Director of Engineering to the Department of Law for collection thereof from the owner or owners in whatever manner allowable under the law, or in the alternative, the cost thereof shall constitute a lien upon the property upon the filing of a notice of lien with the Essex County registrar of deeds and mortgages.