[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
It is hereby found and declared that the existence or occupation of
any building or buildings or parts thereof in the Borough of Seaside Heights
which are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy is
inimical to the welfare of the residents of said municipality and dangerous
and injurious to the health and safety of the people of this municipality
and that a public necessity exists for the repair, closing or demolition of
such building or buildings or parts thereof.
The words "governing body," "public authority," "Public Officer," "owner,"
"parties in interest," and "building," whenever used or referred to in this
chapter, shall have the meanings and be defined as set forth in N.J.S.A. 40:48-2.4.
No owner or parties in interest shall continue the existence, use or occupancy of any building or buildings or parts of buildings in violation of the findings and declarations of § 215-1 hereof.
The Construction Code Official and the Code Enforcement Officer are
hereby designated as the Public Officer(s) authorized to exercise the powers
set forth in this chapter.
Whenever a petition shall be 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 whenever it appears to the Public
Officer that any building is unfit for human habitation or occupancy or use,
such Public Officer shall, if a 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 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.
If, after such notice and hearing, the Public Officer determines that
the building or buildings under consideration are unfit for human habitation
or occupancy or use, he shall state, in writing, the findings of fact in support
of such determination and shall issue and cause to be served upon the owners
thereof and parties in interest an order:
A.Â
Requiring the repair, alteration or improvement of 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 and to
have said building vacated and closed within the time set forth in the order;
and
B.Â
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 said building, within the time
specified in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said order of removal.
A.Â
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; 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 or occupancy or use; the
use or occupation of this building is prohibited and unlawful."
B.Â
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.
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.
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
or may contract for the removal or demolition thereof after advertisement
for the receipt of bids therefor.
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, 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,
the materials of such building shall be sold. 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 Borough 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 exceeds
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; provided, however, that nothing in this section shall be construed
to impair or limit in any way the power of the Borough of Seaside Heights
to define and declare nuisances and to cause their removal or abatement, by
summary proceedings or otherwise. 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.
The Public Officer may determine that a building is unfit for human
habitation or occupancy or use upon finding 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 the neighboring buildings or other residents
of the Borough of Seaside Heights. 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
or uncleanliness; or failure to comply with the building code or the certificate
of occupancy.
Any complaints or orders issued by the 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 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 Borough of Seaside
Heights or, in the absence of such newspaper, in one printed and published
in Ocean County and circulating in the Borough of Seaside Heights. A copy
of such complaint or order shall be posted in a conspicuous place on the premises
affected by the complaint or order, and a copy of such complaint or order
shall be duly recorded or lodged for record with the Clerk of the County of
Ocean.
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 other powers
herein granted:
A.Â
To investigate the building conditions in the Borough
of Seaside Heights in order to determine which buildings therein are unfit
for human habitation or occupancy or use.
B.Â
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.Â
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.Â
To appoint and fix the duties of such officers, agents
and employees as deemed necessary to carry out the purpose of this chapter.
E.Â
To delegate any functions and powers under this chapter
to such officers and agents as may be designated.
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.
A.Â
Any person violating or failing to comply with any other
provision of this article shall, upon conviction thereof, be punishable by
a fine of no less than $100 and no more than $1,000, by imprisonment not to
exceed 90 days or by community service of not more than 90 days or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.Â
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
