[Added 7-7-2021 by Ord.
No. 2021-17]
A.
The Borough Council finds and declares that there are properties
located in the Borough where nuisances exist and other activities
occur which have resulted in the excessive consumption of municipal
services.
B.
The Borough Council further 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.
The Borough further finds that assessment of an excessive use charge
for excessive consumption of municipal services will incentivize property
owners to actively participate in solving the problems occurring on
their property.
D.
This article 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 article, the following terms are defined as
set forth herein:
Any qualifying Seaside Heights Police Department and Seaside
Heights Fire Department calls for municipal services made to a property
while that property is on probationary nuisance status.
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.
Properties on which activities occur that result in qualifying Seaside Heights Police Department, Seaside Heights Fire Department, and Seaside Heights Code Enforcement Division calls for municipal services during a rolling 180-day period in excess of the number of calls listed on the schedule in § 122-40 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
The designation applied to properties which, as determined
by the public officer, have received the requisite number of qualifying
calls within a rolling 180-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 Borough for user charges
from each qualifying call.
Calls resulting from Seaside Heights Police Department and
Seaside Heights Code Enforcement Division responses to potential violations
of state or local laws, regulations, or ordinances, including, but
not limited to, those categories of laws cited in the following list,
and others not so identified but specifically determined to be qualifying
by the hearing officer. Not included as qualifying calls are service
calls for permitting, licensing, inspections, or similar administrative
functions and calls by or on behalf of a person protected under the
Prevention of Domestic Violence Act of 1991, P.L. 1991, c. 261 (N.J.S.A.
2C:25-17, et seq.).
A.
Unlawful sale, service, or consumption of alcoholic beverages.
B.
Disorderly conduct or disturbing the peace.
C.
Fighting.
D.
Littering.
E.
Indecent exposure or lewd conduct.
F.
Loud music constituting a nuisance or disturbing the peace.
G.
Damage to property or injury to a person.
H.
Improperly parking a vehicle, or any motor vehicle violation on private
property.
I.
Possession of a barking, howling, biting, or dangerous animal.
J.
Unlawful sale, possession, storage, manufacture, cultivation, delivery,
distribution, or use of a controlled substance and paraphernalia for
its use.
K.
Prostitution and prostitution-related activity.
L.
Public urination, defecation, or indecent exposure.
M.
Criminal activity.
N.
Juvenile complaints and unlawful juvenile activity.
O.
Unlawful use or possession of a firearm.
P.
Borough property maintenance, zoning, construction, fire, health
and trash/recycling codes.
Q.
Calls resulting from Seaside Heights Fire Department responses to
false alarms.
The Borough Administrator, or his or her designee, is designated
as the public officer and shall administer the necessary recordkeeping
and investigation required in connection with this article with the
personnel resources, data, information, and assistance of the Seaside
Heights Police Department and Code Enforcement Division.
A.
The Chief of Police, or his or her designee, and the Fire Chief,
or his or her designee in the case of false alarms, shall keep and
maintain records documenting the following information concerning
the properties serviced:
(1)
The exact address and Tax Map designation of the subject property.
(2)
The name(s) and address of property owners.
(3)
The date(s) of the incidents.
(4)
A full description of the nature of the incident and the violation(s).
(5)
The identity of the public employee providing or responsible for
providing the municipal service(s).
B.
The Chief of Police, Seaside Heights Police Department, Fire Chief,
and Seaside Heights Fire Department shall coordinate with the public
officer and other municipal agencies to enforce this article.
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 article.
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: five qualifying calls.
E.
Restaurants, bars, and entertainment establishments: 10 qualifying
calls.
F.
All other properties not included in the preceding categories: 10
qualifying calls.
G.
False alarms: four false alarms.
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 an administrative complaint setting forth the
location of the property, declaring 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 and time and place
for a hearing on the matter.
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 $300
per call.
(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 Borough 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:
A.
A hearing, unless waived in writing by the property owner, shall
be held within 30 calendar days of the date of service of the complaint.
The public officer shall present evidence 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 Municipal Attorney or annually appointed hearing officer may be designated by the public officer to serve as hearing officer under this article. The hearing officer is charged with determining whether, in a rolling 180-day period, the subject property received qualifying calls in excess of those permitted under § 122-40. If so, the hearing officer shall confirm that the property was on probationary nuisance status from the date of the complaint. If the hearing officer also determines that qualifying calls were made to the subject property during the probationary period, the fact shall be so noted in the hearing officer's findings. The Hearing Officer may consider the disposition of the qualifying calls in the municipal court in the final determination. Based on these findings, the hearing officer shall enter an order against the property owner.
C.
The following shall be memorialized in the hearing officer's
order:
(1)
A finding that the subject property was on probationary nuisance
status.
(2)
A determination that an excessive number of qualifying calls were
made to the subject property during the probationary nuisance status
period.
(3)
An assessment of the costs of a court reporter and transcript.
(4)
An assessment of a user fee of $300 per call for each qualifying
call, in excess of the permitted number.
D.
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 article and are subject to
a $300 per call user fee.
E.
The hearing officer'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 Ocean County Clerk's office.
