[Adopted as Ch. I, Secs. 1-2, 1-3, 1-5, 1-7, 1-8, of the 1989 Revised General Ordinances]
Unless otherwise expressly provided or the context is adverse or inconsistent to such meaning, the following words and phrases, when used in this Code, shall have the following meanings:
CITY
The City of Beverly in the County of Burlington, State of New Jersey.
CLERK or CITY CLERK
The Municipal Clerk duly appointed pursuant to law.
COMMON COUNCIL
The governing body of the City, consisting of the Mayor and Council members.
DEPARTMENT
An organizational unit of the City government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the City government assigned to the organizational unit by the Common Council.
LICENSED
Licensed in accordance with the appropriate section or chapter of this Code.
MONTH
A calendar month, unless otherwise specifically provided.
N.J.S.A.
The New Jersey Statutes Annotated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ORDINANCE
Any local legislation heretofore or hereafter adopted, including this Code, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law.
OWNER
Includes a sole owner and any part owner or joint owner of the whole or of a part of a building, land or personal property.
PERSON
Any individual, natural person, partnership, joint venture, society, association, club, trustee, trust, corporation or unincorporated group, or any officer, agent, employee, servant, factor or any kind of personal representative of any thereof in any capacity, acting either for himself/herself or for any other person, under either personal appointment or pursuant to law.
STREET
A street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk and every class of road, square, place or municipal parking field used by the general public, including the unpaved portion of a right-of-way.
TENANT or OCCUPANT
When applied to a building or land, any person who occupies all or a part of such building or land, whether alone or with others.
WEEK
Seven consecutive days.
YEAR
A calendar year, unless otherwise specifically provided.
A. 
For the purpose of this Code, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, words and phrases shall be given their generally accepted meaning.
B. 
The present tense includes the past and future tenses, and the future includes the present.
C. 
The masculine gender includes the feminine and neuter.
D. 
The singular number includes the plural, and the plural includes the singular.
E. 
"And" may include "or" and "or" may include "and."
F. 
"Shall" is mandatory and "may" is permissive.
G. 
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday, a legal holiday or a day on which the offices of the City are closed, that day shall be excluded.
H. 
"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
I. 
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.[1]
[1]
Editor's Note: The original definitions of "chapter," section," "subsection" and "paragraph," of the 1989 Revised General Ordinances, which immediately followed, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Titles of chapters, sections, subsections and paragraphs are for reference only and are not a substantive part of this Code.
The Seal heretofore provided and used by the City is hereby continued as the Official Seal of the City.
[Amended 9-10-2002 by Ord. No. 2002-16; 10-10-2006 by Ord. No. 2006-15; 3-27-2007 by Ord. No. 2007-07; 3-25-2014 by Ord. No. 2014-3]
A. 
Penalty. Whenever no specific penalty for violation is stated in an ordinance or provision of this Code, the court, in the sound exercise of its discretion, may impose a penalty of a fine not exceeding $2,000, and/or imprisonment for a period not exceeding 90 days, and/or a period of community service not exceeding 90 days. The court shall have the power to impose a fine, term of imprisonment, or period of community service not less than the minimum, if any, and not exceeding the maximum fixed by this section or any specific ordinance.
B. 
Separate violations. Unless otherwise provided by a specific statutory or ordinance provision, each and every day on which a violation exists or occurs shall constitute a separate violation.
C. 
Repeat offenders. Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum nor exceed the maximum fine fixed for the violation of the ordinance but shall be calculated separately from the fine imposed for violation of the ordinance.
D. 
Default in payment. Any person convicted of the violation of any ordinance who is in default of the payment of any fine may, in the discretion of the court, be imprisoned for a term not exceeding 90 days or be required to perform community service for a period not exceeding 90 days.
E. 
Housing or Zoning Code violations.[1] Whenever a fine in an amount greater than $1,250 is sought to be imposed for Housing or Zoning Code violations, the owner shall be given a thirty-day opportunity to cure or abate the condition. The owner shall be afforded an opportunity for a hearing with respect to such cure or abatement. If it is determined subsequent to the expiration of the thirty-day period that the cure or abatement has not been substantially completed, a fine of $1,250 or greater may be imposed by the court.
[1]
Editor's Note: See Ch. 330, Housing Standards, and Ch. 600, Zoning.
F. 
License or permit revocation. The imposition of a penalty under this section or any other provision of the Code of the City of Beverly shall be in addition to and not in lieu of any action pursuant to a provision authorizing the revocation of a license, permit or other privilege granted by the City.
In order to establish uniform procedures for those chapters or articles requiring administrative enforcement of abatement notices, the following will prevail unless specifically designated otherwise.
A. 
Violation notice. Where a violation of this Code is found to exist, a written notice from the enforcing official shall be served on the person or persons responsible for the correction thereof.
B. 
Contents of notice. The notice shall specify the location of the property by Tax Map reference, the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection D of this section. The notice shall also advise the recipient that if the violation is found to be harmful to the health and safety of the occupants and the general public and is not corrected or abated, the City may do same, the cost of which shall become a lien on the subject property.
C. 
Service of notice.
(1) 
Notice may be served personally or by mail, certified return receipt requested, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Tax Collector. Service upon an owner or operator may also be attained by personal service of any notice upon a member of the family of the owner or operator over the age of 14 years, residing with the owner or operator.
(2) 
If the whereabouts of the person to be served is unknown and the same cannot be ascertained by reasonable diligence, the serving of such notice upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the City of Beverly or, in the absence of such newspaper, in one printed and published in the county and circulating in the City of Beverly. A copy of such notice shall be posted in a conspicuous place on the premises affected by the notice and a copy of such notice shall be duly recorded or lodged for record in the office of the City Clerk.
(3) 
Where the manner of service of notice for a particular type of matter is prescribed by a state statute in a manner different from above, then such statutory provision shall be applicable to the service of the notice in question, notwithstanding the provisions of this section.
D. 
Hearing. Within 10 days of the date of service of a notice, the notice shall constitute a final order, unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail to the City Clerk. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The City Clerk, upon receipt of the request, shall, within 45 days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing.
E. 
Appointment of hearing officer. The Common Council, upon request for a hearing, shall appoint a hearing officer who shall conduct the hearing, evaluate the evidence presented and render a decision.
F. 
Evidence and counsel. The rules of evidence shall not be controlling in these hearings. All parties to the hearing may appear in person or by attorney and give testimony.
G. 
Determination. At any hearing provided hereunder, the hearing officer shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him/her and to enforce any such subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The hearing officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing of the notice.
H. 
Extension of time. The hearing officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
I. 
Immediate action in case of emergency. Where the violation or condition existing on the premises are of such a nature as to constitute an immediate threat to public health or life and limb unless abated without delay, the enforcement official may either abate the violation or condition immediately thereafter.
J. 
Lien against property. Where abatement of any nuisance, as defined in this Code, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to conform to municipal ordinances or state law applicable thereto involves a condition harmful to the health and safety of the occupants or the general public and requires expending City moneys to correct it, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Common Council with an estimate of the cost thereof, along with a summary of the proceedings undertaken by him/her or under his/her directions to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, and summaries of hearings and copies of orders of the City with reference thereto. The Common Council may thereupon order the abatement of the nuisance, correction of the defect or any work necessary to place the premises in proper condition and in compliance with ordinances of the City and laws of the state, by resolution adopted after notice and hearing to the owner in the manner provided above to the extent applicable. The City may thereafter proceed to have the work performed in accordance with such resolution at City expense, not to exceed the amount specified in the resolution. Upon completion thereof, the Common Council may, by resolution, approve the expenses and costs, whereupon the same shall become a lien against the premise collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the City Clerk and filed with the Tax Collector of the City, who shall be responsible for the collection thereof, and a copy of the resolution shall be sent by certified mail to the owner.
K. 
Emergency costs to be a lien. If the City incurs costs for emergency abatement as provided in Subsection I of this section, the enforcing officer shall present to the Common Council a report of the work done and the cost thereof with a summary of the proceedings undertaken and the reasons for the emergency abatement. The Common Council, after notice and hearing to the owner in the manner provided above to the extent applicable, may by resolution approve the costs, whereupon the same shall become a lien against the premise collectible as provided by law.
L. 
Court proceedings. Notwithstanding the foregoing provisions, violations of any provision of this section may be prosecuted without the prior notices and hearings required by this section by the filing of a complaint by the City, or a person designated by it, in the Municipal Court, it being the intention that the remedies and penalties provided herein shall be cumulative and not exclusive.