[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 6-10-1969 by Ord. No. 69-6 (Ch. 18 of the 1966 Code); amended
in its entirety 9-27-2011 by Ord. No. 11-11. Subsequent amendments
noted where applicable.]
A.
Title. This chapter shall be known as the "Unfit Buildings Code."
B.
Policy. It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in the Borough of
Raritan 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 or use is inimical to the welfare and dangerous
and injurious to the health and safety of the people of the Borough
of Raritan, and that a public necessity exists for the repair, closing
or demolition of such building, buildings, or parts thereof.
C.
Purpose. The purpose of this chapter is to protect the public health,
safety and welfare by requiring the repair or removal of unfit buildings;
to authorize and establish procedures for the inspection and removal
of unfit buildings; to establish procedures for implementing the requirements
of this chapter; and to fix penalties for the violations of this chapter.
D.
Authority. Pursuant to N.J.S.A. 40:48-2.3 et seq., the Borough of
Raritan is authorized to exercise the powers prescribed in this chapter.
As used in this chapter, unless a different meaning is evident,
the following terms shall have the meanings indicated:
Any building or structure, or part thereof, whether used
for human habitation or otherwise.
The Borough Council of the Borough of Raritan.
The holder or holders of the title in fee simple.
All individuals, corporations and other entities 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 Borough government, county or state
relating to health, fire, building regulations, or to other activities
concerning buildings in the Borough of Raritan.
The Borough Council of the Borough of Raritan.
Whenever a petition is filed with the Borough Council 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, or
whenever it appears to the Borough Council (on its own motion) that
any building is unfit for human habitation or occupancy or use, the
Borough Council shall, if its 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 Borough Council at a place therein fixed, not less
than seven days nor more than 30 days after the serving of the complaint;
that the owner and parties in interest shall have a 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 Borough Council.
If, after such notice and hearing, the Borough Council determines
that the building under consideration is unfit for human habitation
or occupancy or use, it shall by resolution state its 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:
A.
Requiring the repair, alteration or improvement of the building under
consideration 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 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 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.
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 governing body may cause such building to be repaired,
altered or improved or to be vacated and closed, and the governing
body 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 Borough Council 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.
Any building or buildings, or parts thereof, which have been
damaged to such an extent that nothing remains but the walls, or parts
of the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the Borough, and the Borough may
exercise its police powers to repair, demolish, or cause the repair
or demolition of the building or buildings, or parts thereof, pursuant
to N.J.S.A. 40:48-2.3 et seq., and the procedures set forth therein.
A.
The amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges and the cost of such repairs,
alterations or improvements or vacating and closing or removal or
demolition 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 public officer, he
shall sell the materials of such building.
C.
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.
D.
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
shall be filed with the Borough Tax Assessor, and a copy thereof shall
be forthwith forwarded to the owner by registered mail.
E.
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 to the
persons found to be entitled thereto by final order or judgment of
such 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.
F.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Borough Council 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.
G.
Nothing in this chapter 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,
nor is anything in this chapter intended to limit the authority of
the enforcing agency or construction official under the State Uniform
Construction Code Act[1] or any rules or regulations adopted thereunder.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
The Borough Council may determine that a building is unfit for
human habitation or occupancy or use if it 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
shall be deemed to 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; or failure to comply with the requirements of the building
code or the certificate of occupancy. The Borough Council, in reaching
such determination, shall be guided by, among other things, the standards
set by the Building Code of New Jersey, the health ordinances of the
Borough and by the pertinent requirements of Title 26 of the Revised
Statutes of New Jersey.
Complaints or orders issued by the Borough Council pursuant
to 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 Borough Council in the exercise
of reasonable diligence and the Borough Council shall authorize and
the Mayor 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 each week for two successive weeks 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 circulated 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 lodged for record with the Clerk of Somerset County.
Any person aggrieved by an order issued by the Borough Council
under this chapter may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Borough Council from carrying out the provisions of the order and
for any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the Borough Council
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the Borough Council.
The Borough Council 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 purposes of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the person in possession;
D.
To appoint and fix the duties of such officers, agents and employees
as it deems necessary to carry out the purposes of the ordinances;
E.
To delegate any of its functions and powers under this chapter to
such officers and agents as it may designate.
A.
Any person who violates any of the provisions of this chapter shall,
upon conviction thereof, be penalized by one or more of the following:
a fine of not less than $100 and not more than $2,000; imprisonment
in the county jail for not more than 90 days; community service for
not more than 90 days. This penalty shall be in addition to any other
penalties imposed under any other provision of the Code of the Borough
of Raritan.
B.
Each twenty-four-hour period during which a violation exists shall
constitute a separate and distinct offense.
In any case where the provisions of this chapter impose a more
restrictive standard than that set forth in any other ordinance or
law, then the standards as set forth herein shall prevail; but if
the provisions of this chapter impose a less restrictive standard
than any other ordinance or law, then the more restrictive standard
contained in such other ordinance or law shall prevail.
