[Adopted by Ord. No. O-01-23 (§ 13-3A
of the Revised General Ordinances)]
Recognizing the need for preventive maintenance
to insure the continued useful life of certain existing structures,
the governing body of the Township hereby declares that code enforcement
in relation to identified structures is a high municipal priority.
[Amended 12-27-2005 by Ord. No. O-05-48]
As used in this article, the following terms
shall have the meanings indicated:
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
A building or structure (as those terms are defined in this
section) which:
Combination of any materials, whether fixed or portable,
forming a construction, including buildings.
In the event that any identified structure deteriorates
to the point that, in the best estimate of the Municipal Construction
Code Official, the cost of correcting the outstanding code violations
equals more than 15% of the cost of replacing the entire improvement
on which the violations occur, the Construction Code Official shall
serve personally or by certified mail, return receipt requested, a
notice on the owner of the identified structure listing the violations,
the estimate for their abatement, the replacement cost of the improvement
and stating if the owner does not take all necessary remedial action
within 90 days, or such extensions of time as the Construction Code
Official shall for good cause grant, the municipality may at the expiration
of the ninety-day period, enter upon the property in question, abate
the violations itself and cause the cost thereof to become a lien
on the property or to reimburse itself from any performance guaranty
posted for such purpose.
Upon receipt of such notice from the Municipal Construction Code Official, the owner may, within 10 days after such a receipt, notify the Construction Code Official of his/her wish to have a hearing as to the allegations and estimates set forth in the Construction Code Official's notice. Such hearing shall be conducted by the Planning Board if the object of the hearing is an identified structure pursuant to Subsection B of the definition of "identified structure" in § 245-18 or, in all other cases, by the Historic Preservation Commission. The hearing shall, so far as possible, be a formal adversary proceeding in which the Construction Code Official shall establish the matters alleged in the notice by a preponderance of the evidence. If the owner does not request a hearing, the procedures set forth in § 245-19 in this article shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner the written opinion of the Planning Board or the Historic Preservation Commission, as the case may be, setting forth the conclusions and the reasons therefor.
A.
Thereafter, if the owner of the identified structure
does not comply, the Construction Code Official may enter into the
premises and, by use of municipal labor or outside contractors or
both, perform such work as is necessary to abate all violations.
B.
The Construction Code Official shall then certify
to the Township Committee the cost of such work, plus all administrative,
clerical and legal costs and overhead attributable thereto and shall
present same to the Township Committee.
C.
The Township Committee may, by resolution, vote to
cause the sum so certified to become a lien upon the property in question,
payable with the next quarter's property taxes and, if not paid, bearing
interest at the same rate as delinquent taxes.
