The terms and provisions of P.L. 1942, c. 112,
as amended by P.L. 1956, c. 197, being an act entitled "An Act Authorizing Municipalities
To Adopt Ordinances Relating to the Repair, Closing and Demolition
of Buildings Unfit for Human Habitation or Occupancy or Use and Providing
for the Remedies and Procedure in Connection With Action Taken Under
Such Ordinances," are hereby made applicable to buildings and structures
within the Borough of Hasbrouck Heights which are unfit for use or
occupation.
The Building Inspector of the Borough of Hasbrouck
Heights is hereby designated and appointed to exercise the powers
described by this chapter.
[Amended 5-29-1990 by Ord. No. 1538]
Whenever a petition is filed with the aforementioned
public officer by a public authority or by at least five residents
of the municipality charging that any building is unfit for human
habitation or occupancy or use or whenever it appears to the public
officer, on his own motion, that any building is unfit for human habitation
or occupancy or use, 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 building
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 the courts shall not be controlling in hearings
before the public officer.
The public officer may determine that a building
is unfit for human habitation or occupancy or use if he finds that
conditions exist in such building which are dangerous or injurious
to the health or safety of the occupants of such building, the occupants
of neighboring buildings or other residents of such municipality.
Such conditions may include the following, without limiting the generality
of the foregoing: defects therein increasing the hazards of fire,
accident or other calamities; lack of adequate ventilation, light
or sanitary facilities; dilapidation; disrepair; structural defects;
and uncleanliness.
The public officer may 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 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.
B. To administer oaths and 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 purposes of this
chapter.
E. To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
Nothing contained in this chapter shall be construed
to impair or limit in any way the power of the Borough of Hasbrouck
Heights to define and declare nuisances and to cause their removal
or abatement, by summary proceedings or otherwise, or to repeal, modify
or amend any ordinance of the Borough of Hasbrouck Heights in relation
thereto. The powers conferred by this chapter shall be in addition
and supplemental to the powers conferred by any other ordinance of
the Borough or any other law of the State of New Jersey.