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MISCELLANEOUS BILLING HOW TO BILL, ABATE AND ENFORCE SUB-CODE VIOLATION.

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Presentation on theme: "MISCELLANEOUS BILLING HOW TO BILL, ABATE AND ENFORCE SUB-CODE VIOLATION."— Presentation transcript:

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2 MISCELLANEOUS BILLING HOW TO BILL, ABATE AND ENFORCE SUB-CODE VIOLATION

3 THE ABILITY TO CORRECT AND BILL SUB- CODE VIOLATIONS IS GIVEN TO THE GOVERNING BODY BY STATUTES IF THE MUNICIPALITY HAS PAST ORDINANCES OR ADOPTED THE IF THE MUNICIPALITY HAS PAST ORDINANCES OR ADOPTED THE B UILDING O FFICAILS & C ODE A DMINISTRATORS ASSOCIATION THE STANDARDS SET UP IN

4 MUNICIPAL ORDINANCES FOR DEMOLITION DEMOLITION BOARDING UP SNOW REMOVAL OBNOXIOUS GROWTH UNREGISTERED VEHICLES

5 DISCOVERY A COMPLAINT COMES IN TO: MUNICIPAL CLERK MUNICIPAL CLERK SUB-CODE OFFICIAL OR SUB-CODE OFFICIAL OR WHOEVER HAS BEEN AUTHORIZED BY THE GOVERNING BODY WHOEVER HAS BEEN AUTHORIZED BY THE GOVERNING BODY

6 OBNOXIOUS GROWTH

7 SAMPLE § 319-1. Prohibited vegetative growth. [Amended 2-14-1991 by Ord. No. 5-91] No person shall permit land owned or processed by him in this municipality to contain or have upon it any reeds, foxtails or other like vegetative growth more than six (6) inches in height within a distance of two hundred (200) feet of any building, except in the Pinelands Area of the township where the clearing of more than one thousand five hundred (1,500) square feet of vegetation from any parcel of land shall be prohibited unless the standards of § 335-25 of this Code are met or clearing is required pursuant to § 335-31B(4) of this Code.

8 319-4. Notice to remove vegetation. As soon as said list is completed, said governing body shall cause a written notice to be given to the assessed owner and/or to the person in possession, if any, of each property upon which a violation of this chapter is found by said survey. Said notice may be signed by the Mayor, Township Clerk or a police officer of the municipality. Said notice shall state in brief form the nature of the violation and that it must be removed within fifteen (15) days after notice is given. Said notice may be personally served upon said owner or possessor of the property, or both, or it may be mailed to either or both of them by registered or certified mail, return receipt requested. If neither an owner nor possessor of a parcel of land containing a violation of this chapter can be found upon reasonable inquiry, service may be made by posting said notice on the lands and premises in lieu of other services.

9 § 319-5. Removal by township; costs. If the violation is not removed and the lands are not cleared of the reeds, foxtails or other like vegetative growth within the period stated in the notice, the Township of Lacey shall have the right thereafter to go upon the lands and remove the reeds, foxtails or other like vegetative growth and charge the costs thereof to and against the lands and collect the same, together with interest thereon at the delinquent rate of the municipality, at the same times and in the same manner as taxes are collected in this township.

10 DEMOLITION& BOARDING UP

11 § 149-7. Repair or closing by township. [Amended 4-15-1982 by Ord. No. 13-82] A. If the owner fails to comply with an order to alter, repair or improve or, at the option of the owner, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed; thereupon, the public officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building is prohibited and unlawful." B.If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment and summary proceedings for the demolition thereof. § 149-8. Removal by township. If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for the receipt of bids therefor.

12 § 149-12. Powers of public officer. § 149-12. Powers of public officer. The public officer is hereby authorized to exercise such powers as shall be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted: The public officer is hereby authorized to exercise such powers as shall be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted: A.To investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation or occupancy or use. A.To investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation or occupancy or use. B.To administer oaths, affirmations, examine witnesses and receive evidence. B.To administer oaths, affirmations, examine witnesses and receive evidence. C.To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession. C.To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession. D.To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the provisions of the chapter D.To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the provisions of the chapter

13 § 149-13. Advertisement for bids. [Added 7-11-1996 by Ord. No. 96-36] Any action taken using revenues derived from the local property tax shall be taken only after advertisement for and receipt of bids therefor, unless the action is necessary to prevent imminent danger to life, limb or property.

14 § 149-9. Determination of costs ; lien. [Amended 4-15-1982 by Ord. No. 13-82] § 149-9. Determination of costs ; lien. [Amended 4-15-1982 by Ord. No. 13-82] The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceedings taken under this chapter determined in favor of the municipality, and the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the public officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the public officer or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail. The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceedings taken under this chapter determined in favor of the municipality, and the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the public officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the public officer or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail.

15 SNOW REMOVAL Duty of owner to remove. The owner or owners, tenant or tenants of land abutting or bordering upon the sidewalks of the public streets, avenues and highways, where sidewalks exist and are so used in the Township of Union, shall remove or cause to be removed from the sidewalks in front of or bordering on their said lands all snow and ice within twelve (12) hours of daylight after the snow or ice cannot be removed, it shall be covered with sand, ashes or other material to prevent persons from slipping. The said sidewalks shall be cleared to a minimum width of twenty-four (24) inches.

16 Failure to remove. In case such owner or owners, tenant or tenants of any land abutting or bordering upon any public street, avenue or highway in the Township of Union shall neglect or refuse to remove such snow or ice within twelve (12) hours of daylight after the same shall have fallen or formed, it shall be the duty of the Chief of Police of said township to remove or cause to be removed such snow or ice from the sidewalk in front of or bordering on such land.

17 Costs and charges. The cost paid and incurred by the Chief of Police for removing such snow and ice from any sidewalk shall be by him certified to the Township Committee, who shall examine such certificate and shall cause the cost as shown thereon to be charged against the lands abutting or bordering on such sidewalk, and the amount so charged shall forthwith be a lien upon lands and shall be added to and become and form a part of the taxes then next to be assessed and levied upon such lands and shall be collected and enforced according to law.

18 Violations and penalties. Such owner or owners, tenant or tenants for every neglect or refusal to comply with the provisions of this ordinance, shall also forfeit and pay a fine of not more than five hundred dollars ($500) or be imprisoned for a term not to exceed ninety (90) days, or both.

19 THE PROCESS

20 THE COLLECTOR IMMEDIATELY UPON RECEIVING THE RESOLUTION: PREPARE AND MAIL A BILL GIVE 25 DAYS TO PAY WITHOUT INTEREST CHARGE DELINQUENT RATE IF NOT PAID UNPAID MUNICIPAL CHARGES BECOMES SUBJECT TO TAX SALE LIENHOLDERS ARE ALLOWED TO PAY


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