Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the municipality or its officers or
agencies relating to the removal or demolition of any building or
structure which is deemed to be dangerous, unsafe or unsanitary.
A.Â
Enforcement officer. The Health Officer of the Borough
of Madison is hereby designated as the officer in charge with the
enforcement of this chapter and is hereinafter referred to as the
"enforcement officer." (The Construction Code Official of the Borough
of Madison, Building Subcode Official of the Borough of Madison, Borough
Engineer, all members of the Police Department and authorized officers,
inspectors and personnel of the Fire Department and Health Department
of the Borough of Madison are hereby designated as assistant enforcement
officers for the purposes of the enforcement of this chapter.)
B.Â
Inspection. The enforcement officer or designee shall
cause to be made such inspections of premises within the Borough as
he shall deem necessary to effect compliance with this chapter and
shall have the authority to use the services of and public authority
in the enforcement of this chapter.
C.Â
Notice to owner, operator or occupant upon noncompliance.
Following inspection, if the enforcement officer determines that the
premises are not in compliance with this chapter, he shall then issue
and cause to be served upon the owner, operator and/or occupant of
the premises a written notification, stating the nature of the violation
and the corrective action sought, and allow 30 days (exclusive of
the day of service) for its correction.
D.Â
In cases where the violation presents a nuisance which,
in the determination of the enforcement officer, is a substandard
condition which can, in the enforcement officer's opinion, be corrected
for not more than $100, he shall then issue and cause to be served
upon the owner, operator and/or occupant of the premises a written
notification, stating the nature of the violation and the corrective
action sought and allow 10 days (exclusive of the day of service)
for its correction.
E.Â
In cases where the violation presents a clear and
present danger to public health and safety, the complaint is to be
turned over to the Police Department or the Board of Health for prompt
action within its jurisdictions.
F.Â
Service of notice. In case of an owner or operator,
the notice may be served personally upon him or by registered mail
or certified mail, addressed to the last known address. If after due
diligence, the last known address cannot be ascertained, the notice
may be posted on the outside front entrance of the structure. Personal
service of the notice may be upon a member of the family or the owner
or operator over 14 years of age, residing in the same dwelling unit
with the owner or operator, as the case may be. In the case of the
occupant, notice may be mailed or delivered to him at his place of
business or posted to the door of the occupant's premises.
G.Â
Additional notice required. Notice of violations of property maintenance,
building or other property codes for any property declared vacant
and abandoned pursuant to this chapter shall be given a foreclosing
creditor pursuant to the procedures of this Code as required by P.L.
2014, c. 35.
[Added 10-15-2014 by Ord. No. 49-2014]
Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement officer may either cause the violation to be abated or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the enforcement officer shall cause the condition to be abated subject to the provisions of § 145-11 of this chapter. In addition, any other remedies set forth in other sections of the Madison Borough Code shall be available.
Where abatement of any nuisance, as defined
herein, correction of a defect in the premises or work necessary to
place the premises in a proper condition so as to conform to ordinances
of the Borough or applicable laws of the State of New Jersey requires
expending Borough moneys, the Borough Engineer shall present a report
of work proposed to be done to accomplish the foregoing to the Mayor
and Borough Council with an estimate of the cost, along with a summary
of the proceedings undertaken by the enforcement officer to secure
compliance, including notices served upon the occupants, owners, operators
or their agents, as the case may be. The Mayor and Borough Council
may thereupon, by resolution, authorize the abatement of the nuisance,
correction of the defect or work necessary to place the premises in
proper condition and in compliance with this chapter. The Borough
Engineer shall thereafter proceed to have the work performed in accordance
with the resolution at municipal expense, not to exceed the amount
specified in the resolution, and shall, upon completion thereof, submit
a report of the moneys expended and costs to the Mayor and Borough
Council. After review of the report, the Mayor and Borough Council
may approve the expenses and costs, whereupon the same shall become
a lien against the premises, collectible as provided by law in conformity
with N.J.S.A. 40:48-2.14. A copy of the resolution approving the expenses
and costs shall be certified by the Borough Clerk and filed with the
Tax Collector of the Borough, who shall be responsible for the collection;
and a copy of the report and resolution shall be sent by certified
mail, return receipt requested, to the owner of the effected premises.
A.Â
Where any owner, operator or occupant fails to comply
with an order issued pursuant to this chapter, he shall be deemed
in violation of this chapter and shall be subject to the penalties
provided herein. It shall be the duty of the enforcement officer to
cause a summons to be issued from the Municipal Court for such violation,
but nothing contained herein shall limit the power of the enforcement
officer to take such further action under the criminal and civil laws
of this state through any court of competent jurisdiction as may be
necessary to remove or abate any nuisance.
[Amended 5-8-2006 by Ord. No. 19-2006]
B.Â
Each violation of any of the provisions of this chapter
and each day that the violation exists shall constitute a separate
and distinct offense and shall be punishable by a fine not to exceed
$500 per day and per offense, levied against the owner, operator or
occupant, with a minimum fine of $100 per day.
C.Â
Where abatement of any nuisance, as defined herein,
was accomplished and premises brought into compliance with this chapter
through the expenditures of Borough funds, such costs shall be assessed
against the premises cited as a lien in the same manner as real estate
taxes.
D.Â
If a fine in an amount greater than $1,250 is administered
upon an owner for a housing violation, then a thirty-day period shall
be provided in which the owner shall be afforded the opportunity to
cure or abate the condition and shall also be afforded an opportunity
for a hearing before a court of competent jurisdiction for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed.
[Added 5-8-2006 by Ord. No. 19-2006]
E.Â
Violations and penalties. Except as set forth in Chapter 1, Article I, § 1-15, and herein, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code. A creditor required to care, maintain, secure and keep up a property under this chapter cited in a notice issued pursuant to § 145-8G shall be subject to a fine of $1,500 for each day of the violation.
[Added 10-15-2014 by Ord. No. 49-2014]
Upon issuance of a notice of violation pursuant
to this chapter, the property owner, operator or occupant shall correct
the condition and notify the enforcement officer that said condition
has been corrected. A compliance inspection shall then be made. Should
full compliance not be achieved at the time of said inspection, the
Borough shall be reimbursed by the property owner for the cost of
all reinspections. Failure to reimburse the Borough shall result in
a lien for said cost being placed against the property in the same
manner as real estate taxes.
Should any section, paragraph, sentence, clause
or phrase of this chapter be declared unconstitutional or invalid
for any reason, the remaining portions thereof shall not be affected
thereby and shall remain in full force and effect; and to this end,
the provisions of this chapter are hereby declared to be severable.
