[HISTORY: Adopted by the Municipal Council of the Township of Irvington 5-4-2026 by Ord. No. MC 3942. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Emergency Summary Abatement Clean-and-Lien Ordinance."
A. 
Purpose. The purpose of this chapter is to establish a uniform, constitutionally sound procedure for immediate municipal intervention where conditions on private property create an objectively demonstrable emergency posing an imminent threat to public health, safety, or welfare and where delays would materially increase the risk of harm.
B. 
Statutory authority. This chapter is adopted pursuant to:
(1) 
N.J.S.A. 40:48-2 (General Police Power);
(2) 
N.J.S.A. 40:48-2.13 (Authority to remove brush, weeds, debris and similar nuisance conditions);
(3) 
N.J.S.A. 40:48-2.14 (Certification of costs and municipal lien authority); and
(4) 
All other enabling statutes and constitutional police powers of the State of New Jersey.
C. 
Consolidation of existing code provisions. This chapter consolidates and systematizes existing abatement authorities contained in Township Code §§ 380-38 through 41, 460-43, and 460-61, and 620-79 providing a unified procedural framework for emergency nuisance conditions requiring immediate action.
D. 
Coordination with abandoned vehicle regulations. The Township has previously determined that abandoned, inoperable, or unregistered vehicles may constitute public nuisances detrimental to public health, safety, and welfare pursuant to Township Code § 620-79. Nothing in this chapter shall replace or supersede the enforcement procedures set forth in Chapter 620. However, where such vehicles create an Emergency Condition as defined herein, the Township may exercise summary abatement authority under this chapter.
For purposes of this chapter:
EMERGENCY CONDITION
shall mean a condition existing on real property that creates a substantial likelihood of immediate harm to persons or property, including but not limited to:
A. 
Accumulation of garbage, refuse, debris, or putrescible material creating a public health hazard;
B. 
Overgrown vegetation creating sources of rodent/vermin infestation;
C. 
Vermin infestation posing a risk of disease transmission;
D. 
Raw sewage discharge or biohazardous contamination;
E. 
Conditions creating an active and immediate fire load hazard associated with debris or refuse;
F. 
Environmental contamination presenting an immediate public health risk.
G. 
Abandoned, inoperable, or unregistered vehicles that create an immediate public health or safety hazard, including but not limited to conditions involving vermin infestation, fire risk, hazardous fluids, or circumstances presenting an immediate danger to children or first responders, consistent with the public nuisance findings set forth in Township Code § 620-79.
A. 
Required determination. Prior to exercising summary abatement authority, the Code Enforcement Officer, Health Officer, Fire Official, Construction Official (for non-structural hazards), or authorized designee shall issue a written Emergency Determination.
B. 
Contents. The written determination shall:
(1) 
Set forth specific and articulable facts establishing the existence of an emergency condition;
(2) 
State why prior notice and opportunity to be heard were impracticable under the circumstances;
(3) 
Describe the limited scope of work necessary to abate the condition;
(4) 
Be supported, where practicable, by contemporaneous documentation including photographs, inspection reports, or other objective evidence.
C. 
Objective standard. The determination shall be evaluated based upon whether an objectively reasonable basis existed at the time of entry.
Upon issuance of a written Emergency Determination, the Township is authorized to enter the property without prior notice for the limited purpose of abating the Emergency Condition.
Entry and remediation shall be strictly confined to measures reasonably necessary to eliminate the immediate hazard.
Where an abandoned or inoperable vehicle constitutes an Emergency Condition, the Township may arrange for immediate removal or securing of the vehicle by an authorized towing or disposal contractor.
Such removal shall not affect the Township's ability to enforce or recover costs pursuant to Chapter 620 or other applicable provisions of the Township Code.
Within 10 days following completion of emergency abatement work, the Township shall provide written notice to the owner of record by certified mail and by posting on the property.
A. 
The notice shall include:
(1) 
A description of the condition addressed;
(2) 
A summary of the work performed;
(3) 
An itemized statement of costs incurred;
(4) 
Notice of the right to request a hearing pursuant to § 274-7.
B. 
Failure of actual receipt shall not invalidate the proceedings provided notice was sent to the owner of record at the address maintained in municipal tax records.
A. 
Request for hearing. The property owner may request a hearing within 20 days of service of post-abatement notice to the business administrator or designee.
B. 
Scope of hearing. The hearing shall be limited to:
(1) 
Whether an objectively reasonable basis existed at the time of entry to conclude that an Emergency Condition was present; and
(2) 
Whether the costs incurred were reasonably necessary and properly calculated.
C. 
Decision. A written determination shall be issued within a reasonable time following the hearing.
D. 
Judicial review. Appeals shall be taken to the Superior Court of New Jersey in accordance with applicable law.
A. 
Statutory certification. If no hearing is requested, or upon final determination following a hearing, the Township shall certify the costs of emergency abatement pursuant to N.J.S.A. 40:48-2.14 and Township Municipal Code § 460-61.
B. 
Procedure for certification and lien.
(1) 
If payment is not made within 30 days following notice, the Department of Public Works or designated department shall certify the actual cost of abatement to the Township Tax Collector.
(2) 
The Tax Collector shall examine and process the certification in accordance with Township Code § 460-61, including submission to the Township Council where required.
(3) 
The certified amount shall constitute a special charge and municipal lien against the property.
(4) 
The lien shall be collected in the same manner as property taxes and may be included in the Township's accelerated tax sale process as authorized by law.
C. 
Scope of recoverable costs.
(1) 
Recoverable costs shall include actual labor and equipment costs, disposal fees, administrative expenses directly attributable to the abatement, reasonable legal expenses incurred in connection with enforcement, and lawful collection costs.
(2) 
Recoverable costs may include towing, removal, storage, disposal, environmental remediation, and administrative costs associated with the emergency removal of abandoned or hazardous vehicles.
D. 
Prima facie validity. Certification by the Township Tax Collector pursuant to Township Code § 460-61 shall constitute prima facie evidence that all procedural requirements have been satisfied and that the certified amount is due and owing.
A. 
No officer, employee, or agent of the Township acting in good faith and within the scope of authority under this chapter shall be personally liable for actions taken pursuant to an Emergency Determination.
B. 
Nothing herein shall be construed to limit immunities or defenses available under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., or other applicable law.
If any section or provision of this chapter is declared invalid, such invalidity shall not affect the remaining portions, which shall remain in full force and effect.