§ 160.10 APPOINTMENT OF CUSTODIAN; RECEIVERSHIP ACTION.
   (A)   The Township Committee may, by resolution, appoint a custodian of any such building, structure or premises on behalf of the township, who may be either an officer of the township or any other person specially designated to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of all municipal ordinances and state laws applicable thereto.
   (B)   If the custodian is some person other than a full-time employee of the township, he or she shall be paid an hourly rate equal to those township employees paid by the annual salary ordinance receiving the highest hourly rate. The costs and expenses of the custodian shall be collectible by the municipality from the owner or lessor of the premises provided in this chapter.
   (C)   In the event that any owner of a building or structure or premises in the township shall violate the provisions of this chapter, or fail to abate a condition harmful to the health and safety of the occupants of the premises and the general public in the municipality after notice and opportunity to do so, the Construction Official may, by and with the approval of the Township Committee, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property for the purpose of collecting the rents and income from the property and expend the same for purpose of abating said conditions. The rents and income so collected by the receiver shall also be available for the payment of such costs and expensives of the receivership, as may be adjudged by the court, and for the payment to the municipality of any fines or penalties which may have been imposed on the owner for violations of this chapter and which have not been paid by the person liable therefor. Such receiver shall not be required to give bond and shall be appointed only for said purpose.
   (D)   Upon his or her appointment, the receiver, by and with the approval of the governing body of the township in all cases where the property in question is encumbered by a first mortgage, shall appoint the first mortgagee, if the mortgagee is a proper person and is willing to accept the appointment, as the receiver's agent to collect the rents and income from the real property and manage the same, and in all other cases the receiver, by and with the approval of the Township Committee, may designate the person in charge or management of the real property or such other competent person as the receiver's agent to collect the rents and income from the real property and manage the same, with mortgagee or other person shall account promptly to the receiver for the rents and income so collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for the rents and income or in the management of the real property, the receiver shall apply to the court for the removal of such designated mortgagee or other person, upon notice in writing to him or her, and the court, upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and income from the real property and manage the same and account to the receiver for the rents and income of the real property as aforesaid.
   (E)   In any receivership, no fees shall be allowed the receiver, or his or her counsel, for actions as such receiver or counsel.
(Ord. 226-13, passed 1-25-13)