[Ord. No. 2002-23; Ord. No. 2003-05; Ord.
No. 2005-11; Ord. No. 2012-08; Ord. No. 2014-03; Ord. No. 2015-10; Ord.
No. 2015-16; Ord. No. 2017-02; Ord. No. 2018-04]
The Construction Official, Fire Inspector, Fire Official, Fire Chief, Electrical Inspector, Plumbing Inspector, Housing Inspector, Health Officer or his/her designee, Health Department, all police officers and all municipal officials referenced in §
14-10-6 of the Borough Code are authorized enforcement officers for the purposes of enforcing the provisions of this code. This chapter shall also be enforced by the Code Enforcement Officer, whose position is hereby created, for the sole purpose of enforcing the provisions of this chapter. The Code Enforcement Officer shall receive such salary as provided by ordinance and shall be appointed by the Borough Council for a term as specified in the Resolution of Appointment.
[Ord. No. 2002-23; Ord. No. 2003-05; Ord.
No. 2005-11; Ord. No. 2012-08; Ord. No. 2014-03; Ord. No. 2015-10; Ord.
No. 2015-16; Ord. No. 2017-02; Ord. No. 2018-04]
Except as otherwise set forth herein, whenever any enforcement
officer determines, after appropriate investigation, that there exists
a violation of any provision of this chapter, he or she shall give
written notice of such alleged violation to the person or persons
responsible therefor. Such notice shall include a statement of the
reasons for its issuance, and shall be served upon the owner or occupant
of the premises, or the agent of either. Notice shall be deemed to
be properly served if a copy thereof is served upon such person personally
or sent by certified mail or registered mail to has last known address,
or posted in a conspicuous place in or about the premises affected
by the notice. Such notice shall state that unless, within five calendar
days from service of the notice, the condition complained of is abated,
a municipal court summons will be issued and/or the Borough will undertake
to abate the violation and place a lien on the property as hereinafter
provided. A copy of the Notice shall be provided to the Borough Clerk.
[Ord. No. 2002-23; Ord. No. 2003-05; Ord.
No. 2005-11; Ord. No. 2012-08; Ord. No. 2014-03; Ord. No. 2015-10; Ord.
No. 2015-16; Ord. No. 2017-02; Ord. No. 2018-04]
Whenever the enforcement officer finds that an emergency exists
which requires immediate attention to protect the health or safety
of the public, he or she may, without notice, issue and order reciting
the existence of such an emergency and requiring that such action
be taken as he or she deems necessary to meet the emergency. Notwithstanding
any other provisions in this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the enforcement officer,
shall be afforded a hearing as soon as possible. In the event that
the order is disregarded by the property owner or person to whom the
order is directed, the enforcement officer shall have the right to
notify the Borough Clerk for the purpose of instituting immediate
remedial action, the cost of which shall result in a lien on the premises.
After such hearing, the enforcement officer shall continue such order
in effect, or modify or withdraw it.
[Ord. No. 2002-23; Ord. No. 2003-05; Ord.
No. 2005-11; Ord. No. 2012-08; Ord. No. 2014-03; Ord. No. 2015-10; Ord.
No. 2015-16; Ord. No. 2017-02; Ord. No. 2018-04]
A. General Penalty. Except as otherwise set forth herein, any person who shall violate any of the provisions of this chapter shall be subject to penalties as set forth in Article
1-5 of the Revised General Ordinances of the Borough of Hightstown. Each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
B. Payable Offenses.
§ 14-5-1, Hazards and Structural Integrity
|
|
§ 14-5-4, Sidewalks, Driveways, Walkways and Entrance Stairways
|
§ 14-5-5, Hedges, Brush and Grass
|
First offense
|
$75
|
Second offense
|
$150 Court appearance required
|
Subsequent Offenses
|
Not to Exceed $2,000 Court appearance required
|
§ 14-6-4, Litter, Debris and Garbage
|
|
§ 14-6-6, Open or Overflowing Waste Disposal Bins
|
§ 14-6-7, Harboring of Rodents
|
|
First offense
|
$50
|
Second offense
|
$100 Court appearance required
|
Subsequent Offenses
|
Not to Exceed $2,000 Court appearance required
|
|
§ 14-9-2, Store fronts
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§ 14-9-3, Reconstruction
|
§ 14-9-4, Awnings and marquees
|
§ 14-9-5, Signs, Light Stanchions and Poles
|
First offense
|
$100
|
Second offense
|
$200 Court appearance required
|
Subsequent Offenses
|
Not to Exceed $2,500 Court appearance required
|
C. Lien to Be Placed on Property. In addition to the foregoing, and
all other remedies available to the Borough, the Borough Treasurer,
upon appropriate notification from the Mayor and Council and appropriate
certification from the enforcement officer, shall place a lien on
any property determined by the enforcement officer to be in violation
of the provisions of this code, in the amount of any and all administrative
expenses and any and all actual expenditures for work necessary in
order to maintain the property and/or abate the violation, including
the cost of removal of any offensive construction materials, refuse,
hazards, overhanging objects or any other offending physical object.
The lien placed upon such lands shall be added to and become and form
a part of the taxes next to be assessed and levied upon such lands,
the same to bear interest at the same rate as taxes, and shall be
collected and enforced by the same officers and in the same manner
as taxes. Costs shall be in addition to any penalties imposed for
any violation of this chapter.