[HISTORY: Adopted by the Board of Commissioners
of the Borough of Longport 1-3-1946. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 75.
The Borough of Longport hereby declares and
finds that there exists in the municipality dwellings which are unfit
for human habitation due to dilapidation, defects increasing the hazards
of fire, accidents or other calamities, lack of ventilation, light
or sanitary facilities, or due to other conditions rendering such
dwellings unsafe or insanitary or dangerous or detrimental to the
health or safety or otherwise inimical to the welfare of the residents
of such municipality; and the Borough of Longport desires to exercise
the powers set forth in N.J.S.A. 40:48-2.3 et seq. in reference to
the same.
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purposes of this chapter, unless a different meaning clearly appears
from the context:
Any building or structure or part thereof used and occupied
for human habitation or intended to be so used, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
The Board of Commissioners of the Borough of Longport, charged
with governing the municipality.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Longport,
County of Atlantic or State of New Jersey relating to health, fire,
building regulations or to other activities concerning dwellings in
the Borough of Longport.
The officer or officers who are authorized by this chapter
to exercise the powers prescribed by this chapter.
The Director having charge of the Building Inspector
and the Building Department is hereby designated as the public officer
to exercise the powers prescribed by this chapter.
A.
Whenever a petition is filed with the public officer
by a public authority or by at least five residents of the Borough
of Longport, charging that any dwelling is unfit for human habitation,
or whenever it appears to the public officer on his own motion that
any dwelling is unfit for human habitation, the public officer shall,
if his preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner of and parties in interest
in such dwelling a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the public
officer or his designated agent at a place therein fixed not less
than seven days nor more than 30 days after the serving of said complaint,
that the owner and parties in interest shall be given the right to
file an answer to the complaint and to appear in person or otherwise
and give testimony at the place and time fixed in the complaint, and
that the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the public officer.
[Amended 5-4-1983]
B.
If, after such notice and hearing, the public officer
determines that the dwelling under consideration is unfit for human
habitation, he shall state in writing his findings of fact in support
of such determination and shall issue and cause to be served upon
the owner thereof and parties in interest an order:
(1)
If the repair, alteration or improvement of the said
dwelling can be made at a cost not to exceed 10% of the value of the
dwelling, which value shall be determined by the Tax Assessor of the
Borough of Longport, requiring the owner, to the extent and within
the time specified in the order, to repair, alter or improve said
dwelling to render it fit for human habitation, or, at the option
of the owner, to vacate and close the dwelling as a human habitation;
or
(2)
If the repair, alteration or improvement of said dwelling
cannot be made at a cost not to exceed 10% of the value of the dwelling,
which value shall be determined by the Tax Assessor of the Borough
of Longport, requiring the owner, within the time specified in the
order to repair, remove or demolish said dwelling.
C.
If the owner fails to comply with an order to repair,
alter or improve, or, at the option of the owner, to vacate and close
the dwelling, the public officer may cause such dwelling to be repaired,
altered or improved, or to be vacated and closed. The public officer
may cause to be posted on the main entrance of any dwelling so closed
a placard with the following words: "This building is unfit for human
habitation; the use or occupation of this building for human habitation
is prohibited and unlawful." It shall be unlawful for any person to
own, have, keep, maintain or live in any building on which there has
been posted a placard as herein provided for, or to remove or cause
the removal of any such posted placard.
D.
If the owner fails to comply with an order to remove
or demolish the dwelling, the public officer may cause such dwelling
to be removed or demolished.
E.
The amount of such cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition,
shall be a municipal lien against the real property upon which such
cost was incurred. If the dwelling is removed or demolished by the
public officer, he shall sell the materials of such dwelling and shall
credit the proceeds of such sale against the cost of the removal or
demolition including the clearance and, if necessary, leveling of
the site; and any balance remaining shall be deposited in the Superior
Court by the public officer, shall be secured in such manner as may
be directed by such Court, and shall be disbursed by such Court to
the persons found to be entitled thereto by final order or decree
of such Court; provided, however, that nothing in this section shall
be construed to impair or limit in any way the power of the Borough
of Longport to define and declare nuisances and to cause their removal
or abatement, by summary proceedings or otherwise.
[Amended 5-4-1983]
A.
The public officer may determine that a building is
unfit for human habitation if he finds that conditions exist in such
dwelling which are dangerous or injurious to the health or safety
of the occupants of such dwelling or the occupants of neighboring
dwellings or other residents of the Borough of Longport. Without limiting
the generality of the foregoing, such conditions may include the following
defects therein increasing the hazards of fire, accident or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair; structural defects; uncleanliness.
B.
It shall be unlawful for any person to have, keep
or maintain a dwelling that is unfit for human habitation or which
is dangerous or injurious to the health or safety of the occupants
of said dwelling or the occupants of neighboring dwellings or other
residents or people of or in the Borough of Longport as specified
in this section.
[Amended 5-4-1983]
Any complaint or complaints, order or orders
issued by said public officer pursuant to the provisions of this chapter
shall be served upon persons either personally or by registered mail,
but if the whereabouts of such persons is unknown and the same cannot
be ascertained by the public officer in the exercise of reasonable
diligence, the public officer shall make an affidavit to that effect
and then the serving of such complaint or order upon such persons
may be made by publishing the same once in a newspaper printed and
published in the Borough of Longport, or if no newspaper is printed
and published in the Borough of Longport, then in a newspaper printed
and published in the County of Atlantic and circulating in the Borough
of Longport. A copy of such complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order.
A copy of such complaint or order shall be duly recorded or lodged
for record with the Clerk of the County of Atlantic.
The public officer is hereby authorized to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following
powers in addition to the other powers herein granted:
A.
To investigate the dwelling conditions in the Borough
of Longport in order to determine which dwellings therein are unfit
for human habitation.
B.
To administer oath, 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.
D.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this chapter. The officer, agent or employee to whom the powers and functions of the public officer have been delegated is hereby authorized to exercise the powers contained in Subsections A, B and C.
E.
To delegate any of his functions and powers under
the chapter to such officers and agents as he may designate.
Any repair, alteration, improvement, removal
or demolition as above provided may be performed by the municipality
through its proper officials or employees, or the municipality may
contract with any person to render such service on behalf of the municipality,
under its control and direction and pursuant to specifications showing
in detail the service to be rendered and to rules and regulations
adopted by the governing body for the same and upon ample security
for proper performance being given to the municipality. The procedure
to be followed in adopting any such contract shall be in accordance
with N.J.S.A. 40:48-5. The municipality may recover the cost thereof
from the owner by action at law, which action shall be in addition
to any other remedy provided for by this chapter and shall not make
void any lien upon real estate provided for by this chapter nor prevent
the imposition of any penalty imposed for violation of this chapter
or any ordinance of this municipality.
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of the Borough of
Longport to enforce any provisions of its charter or other statute
or its ordinance or regulations, nor to prevent or punish violations
thereof; and the powers conferred by this chapter shall be in addition
and supplemental to the powers conferred by any other ordinance of
the Borough of Longport.
A.
Any person violating any of the provisions of this
chapter declared to be unlawful shall, upon conviction thereof, be
punished for each offense by a fine not to exceed $500 or by imprisonment
for any term not exceeding 90 days in the county jail or in any place
provided by the municipality for the detention of prisoners, or both.
The Judge of the Municipal Court shall have power to impose any fine
or term of imprisonment not exceeding the maximum fixed in this chapter.
[Amended 5-4-1983]
B.
In default of the payment of any fine imposed hereunder,
any person convicted of any violation may, in the discretion of the
Judge, be imprisoned in the county jail or place of detention provided
by the municipality for any term not exceeding 90 days.
