[HISTORY: Adopted by the Township Council
of the Township of Howell 3-23-2021 by Ord. No. O-21-7.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 330 but was
renumbered to maintain the alphabetical order of the Code.
A.
The Township Council of Howell finds and declares that there are
properties located in the Township where nuisances exist and other
activities occur which have resulted in the excessive consumption
of municipal services.
B.
The Township Council of Howell finds and declares that the cost of
the excessive consumption of municipal services relating directly
to these nuisance properties should be paid by the property owner
and not through general tax revenues.
C.
This chapter is intended to establish regulations and procedures
identifying and providing for the assessment and timely payment of
the cost of excessive consumption of municipal services associated
with these nuisance properties.
As used in this chapter, the following terms are defined as
set forth herein:
Any qualifying calls by the Howell Township Police Department,
Howell Township Fire Department or Howell Township Code Enforcement
made to a property while that property is on probationary nuisance
status.
[Amended 10-24-2023 by Ord. No. 23-33]
Properties on which activities occurred resulting in qualifying Howell Township Police Department, Howell Township Fire Department or Howell Township Code Enforcement calls for municipal services during any sixty (60) day period in excess of the number of calls listed on the schedule in § 136-5 are considered nuisance properties and are subject to the penalties and procedures as set forth in this chapter.
[Amended 10-24-2023 by Ord. No. 23-33]
The designation applied to properties which, as determined
by a public officer, have received the requisite number of qualifying
calls within a sixty-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 liable to the Township Council of Howell for user charges from
each qualifying call.
Calls resulting from Howell Township Police Department, Howell
Township Fire Department or Howell Township Code Enforcement responses
to potential violations of state or local laws, regulations, or ordinances,
including, but not limited to, those cited in the following list,
and others not so identified but specifically determined to be qualifying
by the hearing officer. Not included in the following list are calls
for permitting, licensing, inspections, or similar administrative
functions and calls from or on behalf of victims who reside at the
property which is the subject matter of the call.
[Amended 10-24-2023 by Ord. No. 23-33]
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.
Juvenile complaints/juvenile activity.
Township Property Maintenance, Housing, Rental, Land Use, Construction,
Fire, and Health Codes.
A fee of $300 for each additional qualifying call made to
the subject property within the twelve-month period following the
date a complaint is issued for excessive consumption of municipal
services.
The Township Chief of Police, or his designee, shall administer
the necessary recordkeeping and investigation required in connection
with this chapter.
A.
The Township Chief of Police, or his designee, must keep and maintain
records documenting the following information concerning the properties
serviced:
B.
The Howell Township Police Department providing the excessive municipal
services shall coordinate as needed with other municipal agencies
and the Municipal Attorney to enforce this chapter.
During any sixty-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 penalties and procedures established under this chapter.
A.
Residential properties of one through four dwelling units: five qualifying
calls.
C.
Community residences: five qualifying calls.
D.
Convenience, grocery, liquor and retail stores: 10 qualifying calls.
E.
Restaurants, bars, and entertainment establishments: 30 qualifying
calls.
F.
All other 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 complaint and summons reciting the location
of the property, stating that the property is on probationary nuisance
status, and the allegations supporting a finding of excessive use
and a notice of hearing setting forth the date, time and location
of a Municipal Court hearing on the matter.
[Amended 10-24-2023 by Ord. No. 23-33]
B.
The complaint shall also provide notice:
(1)
That the property will be 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 of $500
per call.
[Amended 10-24-2023 by Ord. No. 23-33]
(3)
Listing the dates and the nature of the qualifying calls made to
the subject property that gave rise to the determination of excessive
use.
(4)
Directing that the offending activities be immediately abated.
C.
The complaint and notice of hearing shall be served on the property
owner. Service shall be made by regular mail and either certified
mail, return receipt required, 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 cannot be ascertained by
reasonable diligence, service of the complaint and notice of hearing
shall be effectuated as follows:
E.
Whenever an individual dwelling unit within a multifamily dwelling
has received five qualifying calls within a sixty-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.
[Amended 10-24-2023 by Ord. No. 23-33]
A.
A hearing shall be held on the allegations recited in the complaint.
The Howell Municipal Court shall have jurisdiction to hear and determine
in a summary manner proceeding for violations of any of the provisions
of this chapter. 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.
B.
The Howell Municipal Court is charged with determining whether, in a sixty-day period, the subject property received qualifying calls in excess of those permitted under § 136-5. 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, the 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.
C.
The following shall be memorialized in the Municipal Judge's
order:
(1)
A finding as to whether the subject property was on probationary
nuisance status.
(2)
A determination as to whether an excessive number of qualifying calls
were made to the subject property during the probationary nuisance
status period.
(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 administration fee of $100.
(4)
If sustained, an assessment of a user fee of $500 per call for each
qualifying call, in excess of the permitted number. If the qualifying
calls involved the same tenant or occupant, this fee may be apportioned
between the owner and the tenant/occupant.
D.
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
chapter and are subject to a $500 per call user fee. A summons and
complaint shall be filed in the Howell Municipal Court for each subsequent
qualifying call, each being a separate violation, with the $500 per
call user fee the penalty to be imposed upon a guilty plea or conviction.
Notice of this provision shall be incorporated in the Municipal Judge's
order.
E.
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, tenant, or occupant cannot be ascertained, then the order shall
also be recorded in the Monmouth 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 chapter 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 chapter.
