[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.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 123.
Fire prevention — See Ch. 167.
Housing standards — See Ch. 195.
Land use and development — See Ch. 207.
Property maintenance — See Ch. 262.
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:
BUILDING
Any building or structure, or part thereof, whether used for human habitation or otherwise.
GOVERNING BODY
The Borough Council of the Borough of Raritan.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, corporations and other entities who have interests of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
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.
PUBLIC OFFICER
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.