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.
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.
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.