§ 225-14. Enforcement; violations and penalties., Chapter 225. Property Maintenance, Part II. General Legislation, Code of Ordinances, Netcong

This chapter may be enforced by any Borough official or employee (the "Enforcement Official") who shall be designated and directed by the Borough Administrator to address any particular violation(s) of this chapter. The Enforcement Official shall have the authority to issue a notice of violation and abatement (the "notice") directing the abatement of any violation of this chapter and specifying a reasonable time period for abating the violation. In the event that the property owner does not reside on the property and has not provided the Borough with a current address for service, the notice may be posted upon the property. The failure to comply with the notice shall constitute a violation of this chapter.

For violations of § 225-10, Landscaping, the offender shall be subject to a fine of $50. For a second or subsequent offense of this section within the same calendar year the offender shall be subject to a fine of $200. For a violation of any other provision of this chapter, the offender shall be subject to imprisonment in the county jail for a term not exceeding 90 days or by a fine not exceeding $1,000, or by a period of community service not exceeding 90 days or any combination thereof. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon any person for a repeat offense shall not exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.

Emergency conditions. 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 Official 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 Official may cause the condition to be abated. In addition, any other remedies set forth in other sections of the Netcong Borough Code shall be available.

Abatement by the Borough. The Borough may abate a violation of this chapter when the Enforcement Official is unable to serve the notice upon a property owner or when the property owner, after service of the notice, fails to satisfactorily abate the violation. The Borough may also abate a violation, without any prior notice, in an emergency situation as set forth in Subsection C above. If the Enforcement Official recommends that the Borough abate a violation, the Enforcement Official shall submit a report of the findings and recommendations to the Borough Council. The Borough Council may thereupon, by resolution, authorize the abatement of the condition as may be necessary to put the premises in such a condition so as to comply with the requirements of this Code. The Borough Council may, by such resolution, authorize the expenditure of municipal funds and fix the amount to be used for such purpose. Upon completion of the abatement, the Enforcement Official shall submit a report of the monies expended to the Borough Administrator for presentation to the Borough Council. After review of the report, the Borough Council may approve the expenses and costs by resolution and, thereupon, the stated amount of expenses and costs spent 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 thereof, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the affected premises.