[HISTORY: Adopted by the Borough Council of the Borough of Stone
Harbor as Sec. 13-10 of the 1982 Revised General Ordinances. Amendments noted
where applicable.]
Any building or structure or part thereof which is so old, dilapidated
or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use, may be repaired, closed or demolished
as hereinafter provided.
The Construction Official of the Borough of Stone Harbor, or such other
person as may be appointed from time to time by resolution of Borough Council,
is hereby designated as the public officer to exercise the powers and duties
prescribed for him by this chapter.
Whenever a petition is filed with the 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 disclosed 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.
If, after notice and hearing, the public officer determines that the
building under consideration is unfit for human habitation or occupancy or
use 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 as follows:
A.
Requiring the repair, alteration or improvement of the
said building to be made by the owner, within a reasonable time, which time
shall be set forth in the order or at the option of the owner to vacate or
have the said building vacated and closed within the time set forth in the
order; and
B.
If the building is in such a condition as to make it
dangerous to the health and safety of persons on or near the premises, and
the owner fails to repair, alter or improve the said building within the time
specified in the order, then the owner shall be required to remove or demolish
the said building within a reasonable time as specified in the said order
of removal.
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 building, the public
officer may cause such building 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 building so closed, a placard with the following words: "This
building is unfit for human habitation or occupancy or use; the use or occupation
of this building is prohibited and unlawful."
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, and receipt of bids therefor.
A.
The amount of (a) the cost of the filing of legal papers,
expert witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this act determined in favor of
the municipality, and (b) such 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 material 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 buildings.
There shall be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, 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 municipal tax assessor or other custodian of the records of tax liens
and a copy thereof shall be forthwith forwarded to the owner by registered
mail. If the total of the credits exceed such costs, the 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 according
to the order or judgment of the court. Any owner or party in interest may,
within 30 days from the date of the filing of the lien certificate, proceed
in a summary manner in the Superior Court to contest the reasonableness of
the amount or the accuracy of the costs set forth in the municipal lien certificate.
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 in summary proceedings
for the demolition thereof.
C.
Nothing in this section shall be construed to impair
or limit in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or otherwise,
nor is anything in this act intended to limit the authority of the enforcing
agency or construction official under the State Uniform Construction Code
Act, P.L. 1975. c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations
adopted thereunder.
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, uncleanliness,
and failure to comply with the requirements of the building code[1] or the certificate of occupancy.
Complaints and orders issued under this chapter shall be served upon
persons either personally or by registered mail, but if the whereabouts of
such persons are unknown, and the same cannot be ascertained by the public
officer in an exercise of reasonable diligence, and the public officer shall
make an affidavit to that effect, 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 municipality, or in the absence of such newspaper, in
one printed and published in the county and circulating in the municipality
in which the buildings are located. A copy of such complaint or order shall
be posted in a conspicuous place on premises affected by the complaint or
order. A copy of such complaint or order shall be duly recorded or logged
for record with the county recording officer of the county in which the building
is located.
The public officer designated in this chapter 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 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, 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 the chapter;
and
E.
To delegate any of his functions and powers under the
chapter to such officers and agents as he may designate.
Any and all persons who shall violate any of the provisions of this chapter, or fail to comply with any order made hereunder, or who shall interfere with or hinder the public officer, or any other duly appointed officer, agent or employee in the execution and fulfillment of his duties under this chapter shall severally, for each and every violation, be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code.
