In order to establish uniform procedures for
those sections requiring administrative enforcement of abatement notices,
the following will prevail unless specifically designated otherwise.
Where a violation of this Code is found to exist,
a written notice from the enforcing official shall be served on the
person or persons responsible for the correction thereof.
The notice shall specify the location of the property by tax map reference and/or street number address, the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to §
1-9. The notice shall also advise the recipient that if the violation is found to be harmful to the health and safety of the occupants and the general public and is not corrected or abated, the Township may do same, the cost of which shall become a lien on the subject property.
Within 10 days of the date of service of a notice,
the notice shall constitute a final order, unless any person affected
by the notice requests a hearing thereon and serves a written request
within the ten-day period in person or by mail to the Township Clerk.
Such request for a hearing shall set forth briefly the grounds or
reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The Township Clerk, upon receipt of the request, shall,
within 45 days therefrom and upon five days' notice to the party aggrieved,
set the matter down for hearing.
The Township Council, upon request for a hearing,
shall appoint a hearing officer who shall conduct the hearing, evaluate
the evidence presented and render a decision.
The rules of evidence shall not be controlling
in these hearings. All parties to the hearing may appear in person
or by attorney and give testimony.
At any hearing provided hereunder the hearing
officer shall be vested with all the powers provided by law to compel
the attendance of witnesses and parties in interest by issuance and
service of subpoena, to require by subpoena the production of books,
records or other documents at any such hearing which may be pertinent
to matters to be determined by him/her and to enforce any such subpoena
as provided by law. Determination shall be made within 10 days from
the completion of the hearing. The hearing officer shall issue an
order either incorporating the determinations and directions contained
in the notice, modifying the same or withdrawing of the notice.
The hearing officer may extend the time for
correction or abatement of the violations for an additional period
of time not to exceed 30 days, except where major capital improvements
or renovations are involved, in which instance the time for completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice.
Where the violation or condition existing on
the premises is of such a nature as to constitute an immediate threat
to public health or life and limb unless abated without delay, the
enforcement official may either abate the violation or condition immediately
thereafter.
Where abatement of any nuisance, as defined
herein, correction of a defect in the premises or the maintenance
of the premises in a proper condition so as to conform to municipal
ordinances or state law applicable thereto involves a condition harmful
to the health and safety of the occupants or the general public and
requires expending Township moneys to correct it, the enforcing officer
shall present a report of work proposed to be done to accomplish the
foregoing to the Township Council with an estimate of the cost thereof,
along with a summary of the proceedings undertaken by him/her or under
his/her directions to secure compliance, including notices served
upon the owners, operators, lessors or agents, as the case may be,
and summaries of hearings and copies of orders of the Township with
reference thereto. The Township Council may thereupon order the abatement
of the nuisance, correction of the defect or any work necessary to
place the premises in proper condition and in compliance with ordinances
of the Township and laws of the state, by resolution adopted after
notice and hearing to the owner in the manner provided above to the
extent applicable. The Township may thereafter proceed to have the
work performed in accordance with such resolution at Township expense,
not to exceed the amount specified in the resolution. Upon completion
thereof, the Township Council may, by resolution, approve the expenses
and costs, whereupon the same shall become a lien against the premises,
collectible as provided by law. A copy of the resolution approving
the expenses and costs shall be certified by the Township Clerk and
filed with the Tax Collector of the Township, who shall be responsible
for the collection thereof, and a copy of the resolution shall be
sent by certified mail to the owner.
If the Township incurs costs for emergency abatement as provided in §
1-14, the enforcing officer shall present to the Township Council a report of the work done and the cost thereof with a summary of the proceedings undertaken and the reasons for the emergency abatement. The Township Council, after notice and hearing to the owner in the manner provided above to the extent applicable, may by resolution approve the costs whereupon the same shall become a lien against the premises collectible as provided by law.
Notwithstanding the foregoing provisions, violations
of any provision of this section may be prosecuted without the prior
notices and hearings required by this section by the filing of a complaint
by the Township, or a person designated by it, in the Municipal Court,
it being the intention that the remedies and penalties provided herein
shall be cumulative and not exclusive.
The provisions of §§
1-5 through
1-17 regarding conduct of hearings shall also apply to appeals for hearings by the Township employees relative to disciplinary charges filed or sanctions imposed against such employee by supervisory personnel, except that the hearing officer shall be the Mayor or his/her designee. If any provision herein is contrary to any contract of employment, the provisions of the contract of employment shall take precedence.