All registered property, which is not maintained as required in §§ 86B-7 and 86B-10 and/or not secured as required by §§ 86B-8 and 86B-11 is hereby declared to be a public nuisance, the abatement of which, pursuant to the police power, is hereby declared to be necessary for the health, welfare and safety of the residents of Gloucester City. In addition, the Enforcement Officer may declare any registered property a nuisance if it meets one or more of the criteria set forth in N.J.S.A. 55:19-82 or if it meets the definition of a nuisance as set forth in § 66-15.
A. 
Enforcement measures. The provisions of this chapter shall be enforced by the Enforcement Officer. The Enforcement Officer is hereby authorized to conduct all inspections as may be necessary to ensure compliance. Adherence to this chapter does not relieve any registrant, person, legal entity, creditor, owner or agent from any other obligations set forth in any applicable code which may apply to the registered property. Nothing herein shall restrict or prevent the Township or any Enforcement Officer from taking any action pursuant to any other applicable code.
B. 
Notice to abate. Where any Enforcement Officer duly designated shall have determined that any registered property is in violation of this chapter or otherwise constitutes a nuisance, the Enforcement Officer shall issue a notice to abate directing the registrant to correct the violation and/or abate the nuisance within the time set forth in the notice to abate. The time for abatement shall not be less than 30 days from the registrant's receipt of the notice to abate, except that if the violation presents an imminent threat to public health and safety, notice to abate the time for abatement shall be 10 days from the registrant's receipt of the notice to abate.
C. 
Service of notice. Service of the notice to abate shall be made by regular mail and certified mail, return receipt requested to the address set forth in the registration for receipt of complaints of property maintenance and code violations.
D. 
Failure to comply. If the registrant fails to comply with the notice to abate within the time set forth in the notice to abate for compliance, the Enforcement Officer shall be permitted to enter upon said lands for the purposes of correcting the violation and abating the nuisance, take the necessary action to ensure compliance with the notice to abate and place a lien on the registered property for the cost of the work performed to benefit the registered property and bring it into compliance.
E. 
Additional rights. The Enforcement Officer shall be entitled to take any other action authorized by law to obtain compliance with this Chapter 86B. Nothing in this chapter shall limit the rights of the Enforcement Officer to pursue any other action permitted in the City Code or any other law against the registrant for failing to comply with any provision(s) of this chapter.
F. 
Failure to register. Failure of any person, owner, creditor, or legal entity to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this chapter is a violation of the Chapter 86B and shall be subject to enforcement and penalties.
G. 
Additional security measures. If the Enforcement Officer has reason to believe that there is evidence of unauthorized entry despite the fact that the registrant has taken measures to secure the registered property pursuant to § 86B-7 or 86B-10, the Enforcement Officer shall have the authority to require the registrant to implement additional security measures as may be reasonably required to help prevent unauthorized access. Notice of the need to take additional measures shall be given by way of a notice to abate issued pursuant to § 86B-13.
H. 
Opposing or obstructing enforcement officer; penalty. Whoever opposes, obstructs, or resists any Enforcement Officer or any person authorized by the enforcement office in the discharge of duties as provided in this chapter shall be punishable pursuant to N.J.S.A. 2C:29-1 upon conviction by a court of competent jurisdiction.
A. 
Failure to register. Any person, owner, creditor or legal entity who fails to register a registered property as required pursuant to this chapter, as it may be amended, and/or pay the required registration fee, upon conviction in the Municipal Court of the City of Gloucester City, or such other court having jurisdiction, shall be subject to a civil penalty in an amount not to exceed $1,500 for each unregistered registered property. Any penalty imposed pursuant to this subsection shall not commence until at least 31 days following receipt of the notice to abate.
B. 
Failure to appoint an in-state agent. Any out-of-state creditor who shall fail to appoint an in-state representative or agent as required in § 86B-6E(2)(f), as it may be amended, upon conviction in the Municipal Court of the City of Gloucester City, or such other court having jurisdiction, shall be subject to a civil penalty in an amount of $2,500 per day of the violation, provided no such penalty shall commence until the day after the ten-day period provided for the initial registration. Any penalty imposed pursuant to this subsection shall not commence shall not commence until at least 11 days following receipt of the notice to abate.
C. 
Failure to maintain/secure property. Any registrant who shall fail to comply with a notice to abate, upon conviction in the Municipal Court of the City of Gloucester City, or such other court having jurisdiction, shall be subject to a civil penalty in an amount of $1,500 per day of the violation, provided no such penalty shall commence until the day after the time for compliance set forth in the notice to abate. Notwithstanding the foregoing, no penalty imposed pursuant to this subsection shall commence prior to 31 days following receipt of the notice to abate, except that if the violation involved an imminent risk to the public health, safety and welfare, the penalty may commence 11 days following the receipt of the notice to abate.
D. 
Failure to comply. Any registrant who shall violate any provision of this chapter, except as set forth in § 86B-14A, B, or C, upon conviction in the Municipal Court of the City of Gloucester City, or such other court having jurisdiction, shall be subject to a civil penalty in an amount of $1,500 per day of the violation. Any penalty imposed pursuant to this subsection shall not commence until at least 31 days following receipt of the notice to abate.
E. 
Mandatory reinvestment of penalties. A minimum of 20% of penalties assessed against a creditor under this Chapter 86B shall be utilized by the City for municipal code enforcement purposes.
The Enforcement Officer shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this Chapter 86B, pursuant to the New Jersey Tort Claims Act,[1] and any other applicable law providing for immunity.
[1]
Editor's Note: See N.J.S.A. 59:1-1 et seq.