Township of Union, NJ Business and Commercial Property

Words defined. The words, terms or phrases listed below, for the purposes of this article, are hereby defined and shall have the meanings indicated:

BATHROOM

Any enclosed space which contains one or more of the following: bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.

BUILDING

Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.

DETERIORATION

The condition of a building, or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive wear.

DILAPIDATION

Falling out of repair or decayed.

EXPOSED TO PUBLIC VIEW

Any premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighborhood premises.

EXTERIOR OF THE PREMISES

Any part of the premises not occupied by any building thereon;

Any open space on the outside of any building; or

Any part of any building which is exposed to the elements.

EXTERMINATION

The control and elimination of insects, rodents and vermin by eliminating their harborage places, or by removing or making inaccessible material that may serve as their food, or by poisoning, spraying, fumigating, trapping or any other approved means of pest elimination.

GARBAGE

The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.

INFESTATION

The presence, on or within a premises, of any insects, rodents or other pests.

MIXED OCCUPANCY

Any building containing one or more dwelling units, rooming units or hotel or motel accommodations and also having a portion thereof devoted to nonresidential uses.

NUISANCE

Any public nuisance known at public law or in law or equity jurisprudence, or as provided by the statutes of the State of New Jersey, or the ordinances of the Township of Union.

Any inadequately protected well, shaft, basement, excavation, abandoned or nondrivable motor vehicle or equipment, structurally unsound fence or building, lumber, trash, debris or vegetation, such as poison ivy, oak or sumac or other condition which is or may be detrimental to the safety or health of persons.

Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.

(d)

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

(e)

Fire hazards.

OCCUPANCY UNIT

Any room or group of rooms, or part thereof, forming a single usable unit (used or intended to be used, or designed to be used, for nonresidential purposes) and located within a building used or intended to be used, or designed to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.

OCCUPANT

Any person or persons, including the owner in actual possession of and using an entire building or an occupancy unit in a building.

OPERATOR

Any person who has charge, care or control of a premises, or part thereof, whether with or without the knowledge and consent of the owner.

OWNER

The holder or holders of the title to premises in fee simple.

PARTIES IN INTEREST

All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.

PERSON

Shall be given the same meaning as defined in N.J.S.A. 1:1-2.

PREMISES

A lot, plot or parcel of land and any buildings located thereon.

PUBLIC OFFICER

The person or persons who are authorized by this article to exercise powers prescribed by this article.

REFUSE

All putrescible and nonputrescible solid waste, (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH

Includes all combustible and noncombustible waste material, except garbage.

STRUCTURE

An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.

TRANSLUCENT

The property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.

WATER CLOSET COMPARTMENT

An enclosure containing a single water closet.

WEATHERING

Deterioration, decay or damage caused by exposure to the elements.

WINDOW

An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material.

WINDOW DISPLAY AREA

That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.

Word usage. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties, as well as to one person and to females as well as males and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.

Maintenance of exterior of the premises. The premises shall be kept free of litter (including, without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass) and of all nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises, and free of unsanitary conditions; and any of the foregoing shall be promptly removed and abated. The word "hazards" shall include, but is not limited to, the following:

Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.

Natural growth. Dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.

Overhangings. Loose, overhanging and projecting objects and accumulations of ice and snow, which by reason of location above ground level, constitute dangers to persons in the vicinity thereof.

Ground surface and unsanitary conditions. Holes, excavations, breaks, projections, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.

(5)

Recurring accumulation of stormwater. Adequate runoff drains shall be provided and maintained to eliminate recurrent accumulations of stormwater.

[Amended 10-28-1986 by Ord. No. 3879]

(6)

Sources of infestation.

(7)

Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.

(8)

Chimneys and flue and vent attachments thereto. Chimneys and flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform, at all times, the functions for which they were designed and constructed. Chimneys, flues, gas vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoketight and capable of withstanding the action of flue gases.

(9)

Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.

(10)

No owner, tenant or occupant of a property, or person, corporation or other entity, shall plant, install or cause or permit the planting or installation of plant species commonly known as running (monopodial) bamboo or clumping (sympodial) bamboo upon any property located within the Township. This prohibition shall include but is not limited to the following plant genera:

[Added 3-12-2024 by Ord. No. 5803]

Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella and Semiarundinaria.

In the event any species commonly known as running bamboo or clumping bamboo is located upon any property within the Township, prior to the effective date of this section, the owner and occupant of said property shall jointly and severally be required to confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other private premises or public place. This duty to confine shall not apply if the property owner and/or occupant can establish to the satisfaction of the Township that the bamboo which is on his/her property at the time of the adoption of this section originated on another property.

The failure to properly confine existing bamboo pursuant to this section may require removal of the bamboo. The cost of any bamboo removal shall be at the expense of the owner of the property from which the bamboo originated.

Appearance of exterior of the premises and window display areas. The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Township of Union and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, including the following:

Landscaping. Where exposed to public view, the landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.

Signs and billboards.

All permanent signs and billboards exposed to public view permitted by the Zoning Ordinance[1] and regulated by the Building Code[2] or other regulations or as a lawful nonconforming use shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with the supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.

[1]

Editor's Note: See Ch. 170, Land Development, Art. 22, Signs.

[2]

Editor's Note: See now Ch. 270, Construction Codes, Uniform.

All rooftop signs and rooftop billboards now in existence, whether under nonconforming uses or otherwise, shall be removed no later than five years from the date of the adoption of this amendment to the Code of the Township of Union.

[Added 8-13-1991 by Ord. No. 4158]

Windows and window display areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view, unless such areas are first screened by drapes, venetian blinds or other means of making the windows translucent. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.

Repair and painting of exteriors of buildings. All storefronts and the exteriors of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard or nuisance.

(5)

Awnings and marquees. Any awning or marquee and its accompanying structural members, which extend over any street, sidewalk or other portion of the premises, shall be maintained in good repair and shall be so maintained as to not constitute a nuisance or a safety hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.

(6)

Scaffolding. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance, shall be permitted to remain in place beyond a period of six months after erection of placement thereof without permission of the Public Officer.

(7)

Fences. Barbed wire fences may only be used for the purpose of protecting the area enclosed, and in the event of use of such fencing, the lowest point of said barbed wiring thereof must be at least eight feet from ground level.

[Amended 10-26-2004 by Ord. No. 4842]

(8)

Landscaping, curbing and sidewalks.

[Added 5-12-1987 by Ord. No. 3907]

The owner or occupant shall be responsible for the maintenance of the area abutting such property between the street property line and pavement or roadway, including landscape ground cover, construction of curbing and/or sidewalk, reconstruction and/or replacement of defective or hazardous curb and sidewalk. The aforementioned area shall not be paved by the owner or occupant unless specifically authorized by the Public Officer in writing.

Sidewalk and curbing shall be cast-in-place concrete or Belgian block conforming to current Township specifications. The use of wood, precast concrete, rocks or any material other than cast-in-place concrete or Belgian block is specifically prohibited.

The Public Officer could, at the request of the Township Committee or through his own initiative, direct the construction of curbing or its reconstruction, as required.

Window displays in BB and BC Districts. In the Business BB and BC Districts, goods and materials on sale shall be displayed in the window display portion of said establishments either on mannequins or display dummies or loosely along the floor of the window area in stacks not to exceed one foot above the clear portion of the window.[3]

[Added 6-23-1992 by Ord. No. 4205; amended 1-24-1995 by Ord. No. 4370]

[3]

Editor's Note: Original § 204-5F, regarding interior or exterior signs in the BB and BC Districts, of the 1986 Code, and original § 204-5G, regarding interior paper signs in the BB and BC Districts, of the 1986 Code, both added 6-23-1992 by Ord. No. 4205, and both of which previously followed this subsection, were repealed 10-26-2004 by Ord. No. 4842. For current regulations, see Ch. 170, Art. 22, Signs.

Structural soundness and general maintenance, exterior. The exterior of every building shall be maintained in good repair, and all exterior surfaces thereof shall kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance. All exterior surfaces thereof shall be maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the building itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influences.

General sanitation and safety.

Floors shall be maintained in a structurally sound condition capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be free of hazards.

Bathroom and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry, clean and sanitary condition at all times.

All portions of any structure shall be kept structurally sound, free from deterioration and capable of safely bearing imposed loads.

In buildings containing not more than four occupancy units, it shall be the responsibility of each of the occupants and, in buildings containing more than four occupancy units, it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish until removal thereof and to provide for the periodic removal of all garbage and rubbish from the premises in accordance with the regulations and ordinances of the Township of Union.

(5)

Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:

Such garbage is stored in watertight receptacles of metal or other material approved by the Public Officer and provided with tight-fitting covers.

Such rubbish is stored in nonleaking receptacles of metal or other material approved by the Public Officer.

Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.

(d)

Such areas, if located outside of a building and visible from any public walk, street or public parking area, are shielded by a method approved by the Public Officer and constructed in compliance with the applicable provisions of the Building Code of the Township.[4]

[4]

Editor's Note: See now Ch. 270, Construction Codes, Uniform.

(e)

Such area is of fireproof construction.

(6)

Rubbish and garbage shall be placed or kept on the property within the building located thereon or not nearer to the street line than the building line or nearer to the street line than the face of the building, whichever distance from the street line is the greater, except during any cleanup week proclaimed by the Township Committee.

(7)

Inflammable or combustible liquids or other materials shall not be stored on the premises, unless they are of a type approved for storage by regulation of the Fire Department and then only in such quantities and in such fireproof storage containers as may be prescribed by applicable Fire Department regulations.

(8)

Every occupant of a single-occupancy unit in a building comprising a single-occupancy unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and each occupant of an occupancy unit in any building which has more than one occupancy unit shall be responsible for such extermination whenever his occupancy unit is the only one infested. Notwithstanding the foregoing provision of this section, whenever infestation is caused by failure of the owner or operator to maintain any such building in a reasonably pestproof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two or more of the occupancy units in any building or in the common parts of any building containing two or more occupancy units, extermination thereof shall be the responsibility of the owner and operator.

Utilities and facilities.

Every building shall be provided with electric service, where required, in accordance with the standards of the National Electrical Code, as amended from time to time.

Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wallplates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.

Maximum fuse sizes as specified by the National Electrical Code, as amended from time to time, shall be posted conspicuously on the inside cover of all fuse boxes, and no fuse shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants, other than the owner.

Duties and responsibilities of occupants.

Upon discovery by an occupant of any condition on the premises which constitutes a violation of this article, the occupant shall report the same to the Public Officer responsible for enforcement of this article.

All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe, or which would prevent the owner or operator from performing any duty required hereunder.

§ 440-6 Administration.

Public Officer. The Public Officer shall be appointed by the Township Committee annually, and he shall exercise the powers prescribed by this article. He may appoint or designate such other municipal officers or employees and assistants as may be required to perform such of his functions and to exercise such powers under this article as he deems necessary for the enforcement of this article, including the making of inspections and the holding of hearings.

Inspection of premises. All premises within the Township covered by this article shall be subject to inspection from time to time by the Public Officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the Public Officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.

Determination of unfitness for use or occupancy. For the purposes of this article, the Public Officer may determine that a building is unfit for human habitation, use or occupancy, if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or to other residents of the Township. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitation facilities; dilapidation; deterioration; disrepair; structural defects; uncleanliness; or failure to comply with the standards established by § 440-5 of this article.

Charges and hearing. Whenever a petition is filed with the Public Officer by a public authority (as defined in N.J.S.A. 40:48-2.4) or by at least five residents of the Township charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Public Officer (on his own motion) that any building is unfit for human habitation or occupancy or use, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer (or his designated agent) at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint; and that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts of the State of New Jersey shall not be controlling in hearings before the Public Officer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Findings of fact and order. If, after the notice and hearing provided for in Subsection D hereof, the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:

The repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or to have said building vacated and closed within the time set forth in the order.

If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in said order of removal.

Failure of owner to comply with order to repair or vacate. If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved, or to be vacated and closed and may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."

Failure of owner to comply with order to remove or demolish. If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.

Lien of municipality.

The amount of the cost of the filing of legal papers, expert witnesses fees, search fees and advertising charges, incurred in the course of any proceeding taken under this article determined in favor of the Township; and the cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, undertaken pursuant to Subsections F and G hereof, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred.

If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement (herein called the municipal lien certificate) of the aforesaid costs and the amount so due shall be filed by the Public Officer with the Municipal Tax Assessor of the Township, and a copy thereof shall be forthwith forwarded by the Public Officer to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited with the Clerk of the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such court and shall be disbursed according to the order of judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing contained in this article shall be construed to limit or impair in any way the power of the Township to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 30 days from the date of the filing of the municipal lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Certificate of necessity.

Who may apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this article without having a right of access to the premises through or across adjoining premises not owned by him or under his control, and where right to access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the Public Officer, setting forth the facts and applying for a certificate of necessity, the Public Officer shall serve written notice of a hearing on said application upon the applicant for such certificate and upon the owner or person empowered to grant such access. Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by N.J.S.A. 40:48-2.7, except that the Public Officer shall not be required to record or lodge a copy of such notice with the county recording officer of the County of Union. At least 10 days' notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Public Officer in the exercise of reasonable diligence, at least 30 days' notice thereof shall be given, calculated from the date of the first newspaper publication thereof.

Hearing. On the day fixed for hearing, the Public Officer shall provide opportunity for the owner or person empowered to grant such access to state why such access should not be granted.

Conditions for issuance of certificate. If the Public Officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this article, then the Public Officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which certificate shall operate, precautions to be taken to avoid damage and, where the Public Officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set for the bond shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the Public Officer.

Refusal to comply with certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this article and, in addition, to the penalties provided hereunder, the Public Officer may, upon affidavit, setting forth the facts, apply to the Judge of the Township for a warrant authorizing access and, if the Judge is satisfied as to the matters set forth in said affidavit, he shall authorize the issuance of a warrant permitting access.

Service, oaths, rules and regulations.

Complaints, orders and certificates of necessity issued by the Public Officer pursuant to this article shall be served and recorded or lodged for record in the manner prescribed by N.J.S.A. 40:48-2.7.

The Public Officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purposes and provisions of this article, including but not limited to the following, in addition to others herein granted, to administer oaths, affirmations, examine witnesses and receive evidence and to make and adopt such written rules and regulations as he may deem necessary and the Township Committee approves, by resolution, for the proper enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article nor in anywise alter, amend, add to or supersede any of the provisions hereof. The Public Officer shall file a certified copy of all such rules and regulations in his office and in the office of the Township Clerk.

Annual review of article provisions and operations. The Public Officer shall, in the month of December of each year, review with the Health Officer, Construction Code Official, Township Engineer and Township Attorney the procedure and operation of this article and report to the Township Committee on or before January 1:

Any recommended amendments, additions or modifications of the provisions of this article consonant with the field experience of the personnel charged with enforcement.

A summary of the enforcement experiences, indicating number of violations abated, number of cases processed in the Municipal Court, number of inspections made and such other and further pertinent information as will provide the Township Committee with an annual account of the maintenance of the standards required by this article.