[HISTORY: Adopted by the Township Committee of the Township
of Lumberton 10-7-2021 by Ord. No. 2021-17. Amendments noted where applicable.]
A.
The Township Committee of Lumberton Township finds and declares that
there are properties located within the Township where nuisances exist,
and other activities occur which have resulted in the excessive consumption
of municipal services.
B.
The Township Committee of Lumberton Township 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 Lumberton Township Police Department calls
made to a property while that property is on probationary nuisance
status.
Properties on which activities occur that result in qualifying Lumberton Township Police Department calls for municipal services during any sixty-day period in excess of the number of calls listed on the schedule in § 223-5 are considered nuisance properties and are subject to the penalties and procedures as set forth in this chapter.
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 Committee of Lumberton Township for user
charges from each qualifying call.
Calls resulting from Lumberton Township Police Department
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.
The illegal 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.
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 Lumberton Township Police Department providing the excessive
municipal services shall coordinate as needed with other municipal
agencies and the Municipal Administrator 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 qualify for designation as 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 notice and complaint 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 providing the property owner a period of five business days from
service of the notice and complaint to request, in writing, a hearing
on the designation of probationary nuisance status. A notice of hearing
setting forth the date and time and place for a hearing on the matter,
if requested, shall be included with the complaint. The failure to
request a hearing within the foregoing five-day period shall be deemed
a waiver of the right to hearing and result in probationary nuisance
status being deemed effective as of the date of the notice and complaint.
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 property owner 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.
A.
A hearing on probationary nuisance status, if timely requested pursuant to § 223-6, shall be held on the allegations recited in the complaint. The public officer or other police 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 may be represented by an attorney.
B.
The Municipal Administrator shall serve as hearing officer. The hearing officer is charged with determining whether, in a sixty-day period, the subject property received qualifying calls in excess of those permitted under § 223-5. 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. 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 shall be placed on probationary
nuisance status for a twelve-month period commencing from the date
of the notice and complaint.
(2)
A determination that an excessive number of qualifying calls were made to the subject property during the sixty-day period for establishing probationary status under § 223-5.
(3)
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.
D.
Additional qualifying calls to the subject property following the
hearing finding probationary nuisance status and within a one-year
period from the date of the complaint constitute a further violation
of this chapter and are subject to a $300 per call user fee. A summons
and complaint shall be filed in the Lumberton Municipal Court for
each subsequent qualifying call, each being a separate violation,
with the $300 per call user fee the penalty to be imposed upon a guilty
plea or conviction. Notice of this provision shall be incorporated
in the hearing officer's order.
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 Burlington 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.
