[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-18-1971 by Ord. No. 71-25]
This article is adopted in accordance with N.J.S.A.
40:48-2.3 et seq., as amended, and the method of enforcement, definitions,
procedure and remedies shall be governed and controlled thereby and
as set forth therein, or in any amendments of supplements thereto.
The Construction Code Official of the borough,
and the Health Officer in the matters of health, where permitted by
law, are hereby designated to exercise the powers prescribed by this
article.
[Amended 10-5-1992 by Ord. No. 92-33]
When in the opinion of the Construction Code
Official the buildings, walls or other structures which shall be unsafe
so as to be danger to life and limb shall immediately upon notice
from the Building Code Office or Construction Code Official be made
safe and secure or taken down, and when the public safety requires
immediate action, the Construction Code Official may forthwith enter
upon the premises with such assistance as may be necessary and cause
such structure to be made secure or taken down at the expense of the
owner or party in interest.
Whenever a petition is filed with the Construction
Code Official by a public authority, or by at least five residents
of the borough, charging that any building is unfit for human habitation
or occupancy or use, he or she shall make a preliminary investigation
concerning the basis for such charges.
If a preliminary investigation as provided for in § 67-4 shall disclose to the Construction Code Official a basis for the charges filed, he or she shall issue and cause to be served upon the owner or any parties of interest in such buildings a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before the Construction Code Official or his or her designated agent at a place therein fixed not less than seven days or more than 30 days after the serving of such complaint.
The owner and parties in interest shall have the right to file an answer to the complaint provided for by § 67-5 and to appear, in person or otherwise, and give testimony at the time and place fixed in the complaint.
The rules of evidence prevailing in the courts
shall not be controlling in hearings before the Construction Code
Official or his or her designated agent.
A.
If, after notice and hearing provided for by in §§ 67-5 through 67-7, the Construction Code Official determines that the building under consideration is unfit for human habitation or occupancy or use, he or she shall state, in writing, his or her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof, and the parties in interest, an order requiring the repair, alteration or improvement of such 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 to have such building vacated and closed within the time set forth in the order.
B.
If the building is in such 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 such building within
the time specified in the order, then the owner shall be required
to remove or demolish such building within a reasonable time as specified
in the 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, then the Construction Code Official may cause
such building to be repaired, altered or improved or to be vacated
and closed. The Construction Code Official 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 of this building for human habitation is prohibited
and unlawful."
If the owner fails to comply with an order to
remove or demolish the building, the Construction Code Official 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 cost of the filing of legal papers, expert witnesses'
fees and advertising charges incurred in the course of any proceeding
taken under this article determined in favor of the municipality and
the 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 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.
B.
If the building is removed or demolished by the Construction
Code Official, he or she shall sell the materials of such building.
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 Tax Collector for the
borough, 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 Construction Code Official, shall be secured in such manner as
may be directed by such court and shall be disbursed according to
the order of judgment of the court to the persons found to be entitled
thereto by final order or judgment 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 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.[1]
The Construction Code Official may determine
that a building is unfit for human habitation or occupancy or use
if he or she 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 the borough. 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 or uncleanliness.
A.
The Construction Code Official is hereby authorized
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this article, including
the following powers in addition to others herein granted:
(1)
To investigate the dwelling conditions in the borough
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
(2)
To administer oaths, affirmations, examine witnesses
and receive evidence.
(3)
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.
(4)
With the consent of the Borough Council, to appoint
and fix the duties of such officers, agents and employees as he or
she deems necessary to carry out the purposes of this article.
(5)
With the consent of the Borough Council, to delegate
any of his or her functions and powers under this article to such
officers and agents as he or she may designate.
B.
The Health Officer shall have all of the above powers
of the Construction Code Official when acting as the enforcing officer
and when acting in matters of health as permitted by law under this
article.
Complaints or orders issued by the Construction
Code Official pursuant to this article 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
Construction Code Official in the exercise of reasonable diligence
and the Construction Code Official shall make an affidavit to that
effect, then the serving of such complaint or order upon such person
may be made by publishing the same once in a newspaper printed and
published in the borough 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 ledged for record with the county recording officer of
the county in which the building is located.
[Added 10-5-1992 by Ord. No. 92-33]
The Construction Code Official may cite the
building or structure as being unfit or unsafe, pursuant to the rules
and regulations of N.J.A.C. 52:27D-132 and file complaints using Unsafe
Structure, Notice of Imminent Hazard, Notice of Violation and Order
to Terminate forms, as well as others which may be developed, supplied
by the Department of Community Affairs.
[Added 10-5-1992 by Ord. No. 92-33]
In the event the Construction Code Official's
complaint is upheld by the Construction Board of Appeals on appeal,
or in the event the time to appeal by the property owner expires,
by resolution the governing body may institute litigation for the
demolition of the building or structure, pursuant to this article.
[Adopted 6-29-1998 by Ord. No. 98-3]
The following terms, whenever used or referred
to in this article, unless a different meaning clearly appears from
the context, shall have the following meanings:
The officer designated as assistant to the public officer.
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
A building or portion thereof providing living facilities
for one or more persons.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the township, relating
to health, fire, building regulations or to other activities concerning
buildings in the township.
The officer who is authorized by this article to exercise
the powers prescribed for him or her.
A.
Appointment.
(1)
The public officer, who shall be appointed for a term
of one year, shall be nominated by the Mayor and confirmed by the
Borough Council.
(2)
The assistant public officer, who shall be appointed
for a term of one year, shall be nominated by the Mayor and confirmed
by the Borough Council, and when so appointed, he or she shall exercise
all of the powers prescribed for the public officer at the direction
of the public officer or in the event of the disability or temporary
absence of the public officer.
B.
Duties.
(1)
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 article, including the following
powers, in addition to others herein granted:
(a)
To investigate the building conditions in the
borough in order to determine which buildings therein are unfit for
human habitation, 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.
(2)
The public officer may request assistance from all
available sources in determining whether a building under this article
shall be demolished or repaired pursuant to the provisions of this
article, but the final order or determination in any case shall be
deemed to be the order or determination of the public officer.
(3)
The public officer shall delegate and fix the duties
of such officers, agents and employees as he or she deems necessary
to assist him or her in carrying out the purposes of this article,
subject to the confirmation by resolution of the Borough Council,
and may delegate any of his or her functions and powers under this
article to such officers, agents and employees as he or she may designate.
Whenever a petition is filed with the public
officer by a public authority or by at least five residents of the
borough charging that any building is unfit for human habitation,
occupancy or use or whenever it appears to the public officer, on
his or her own motion, that any building is unfit for human habitation,
occupancy or use, the public officer shall, if his or her 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 or her
designated agent, at a place therein fixed, not less than seven days
nor more than 30 days after the service of the complaint, and 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 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.
Complaints or orders issued by the public officer
pursuant to this article 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 the complaint or order upon these
persons may be made by publishing the same once in a newspaper printed
and published in the borough or, in the absence of a newspaper, in
one printed and published in the County of Middlesex and circulating
in the borough. A copy of the complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order.
A copy of the complaint or order shall be fully recorded or lodged
for record with the County Clerk of the County of Middlesex.
If the public officer shall determine after
such notice and hearing that the building under consideration is unfit
for human habitation, occupancy or use, he or she shall state in writing
his or her findings of fact in support of his or her 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 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 building vacated and closed within the time
set forth in the order.
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 building within
the time specified in the order, then the owner shall be required
to remove or demolish the building within a reasonable time, as specified
in the order of removal.
A.
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 the building to be repaired,
altered or improved or to be vacated and closed, provided that the
public officer shall not incur any expense to repair, alter or improve
any building without the approval, by resolution, of the Borough Council.
B.
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, occupancy or use. The
use or occupation of this building is prohibited and unlawful."
C.
If the owner fails to comply with an order to remove
or demolish the building, the public officer may cause the building
to be removed or demolished, subject to the approval, by resolution,
of the Borough Council.
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 proceeding taken under this article,
determined in favor of the borough, the cost of such repairs, alterations
or improvements or vacating and closing or removal and demolition,
if any, and the amount of the balance thereof remaining after deduction
of the sum, if any, realized from the sale of materials derived from
the building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which the
cost was incurred. If the building is removed or demolished by the
public officer, he or she shall sell the materials of the building.
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 the costs exceeds
the total of the 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 exceeds the 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 the Court and shall be
disbursed according to the order or judgment of the Court to the persons
found to be entitled thereto by final order or judgment of the Court.
Nothing in this section shall be construed to impair or limit in any
way the power of the borough to define and declare nuisances and to
cause their removal or abatement by summary proceedings or otherwise.
Any owner or party in interest, within 30 days from the date of the
filing of the lien certificate, may 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, occupancy or use if he or she finds
that conditions exist in the building which are dangerous or injurious
to the health or safety of the occupants of the building, the occupants
of neighboring, buildings or other residents of the borough. Such
conditions may include the following, without limiting the generality
of the foregoing:
Any person aggrieved by an order issued by the
public officer pursuant to this article may, within 30 days after
the posting and service of the order, pursuant to N.J.S.A. 40:48-2.8,
appeal for injunctive relief to restrain the public officer from carrying
out the provisions of the order. A decision on the appeal shall be
at the discretion of the court. The remedy herein provided shall be
exclusive, and no person affected by an order of the public officer
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the public officer.
For violation of any provision of this article, the maximum penalty, upon conviction, shall not exceed the maximum penalties set forth in Chapter 1, General Provisions, § 1-2. Each and every violation of any provision of this article shall be considered a separate violation and shall subject the person so charged to the maximum penalty.
