[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 9-4-1984 (Ch. 54 of the 1982 Code). Amendments noted where applicable.]
A.
It is hereby found by the Mayor and Council of the Borough of Swedesboro
and hereby declared that there exist in the Borough of Swedesboro
buildings, parts of buildings, mobile home parks or other facilities
which are so old, dilapidated or have become so out of repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human habitation,
occupancy or use and are inimical to the welfare and dangerous and
injurious to the health and safety of the people of this Borough and
that a public necessity exists for the repair, closing or demolition
of such building or buildings, mobile home parks or other facilities
or part or parts thereof.
B.
Therefore, this chapter is hereby adopted to give this Borough the
power, pursuant to N.J.S.A. 40:48-2.5 et seq., to exercise the Borough's
police power to repair, close or demolish or cause or require the
repairing, closing or demolition of such buildings, mobile home parks
or other facilities, or part or parts thereof, or to abate any nuisance
or correct any condition in accordance with the terms of N.J.S.A.
40:48-2.12f, g, h, i, j, k and l.
The Construction Code Official for the Borough of Swedesboro
is hereby designated and appointed as the public officer authorized
to exercise the powers prescribed in this chapter.
A.
When a petition is filed with the Construction Code Official by the
Mayor and Council or by at least five residents of the municipality
charging that any building, as defined by N.J.S.A. 40:48-2.4, is unfit
for human habitation, occupancy or use, or whenever it appears to
the Construction Code Official, on his own motion with notice to the
Mayor and Council, that any such building is unfit for human habitation
or occupancy or use, the Construction Code Official shall, if his
preliminary investigation discloses a basis for such charges, issue
and cause to be served upon the owner of and parties in interest in
such buildings, a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the Construction
Code Official, 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. 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.
The rules of evidence prevailing in the courts shall not be controlling
in hearings before the Construction Code Official.
B.
If, after such notice of hearing, the public officer determines that
the building under construction is unfit for human habitation or use,
he shall state, in writing, his findings of fact in support of such
determination and shall issue or cause to be served upon the owner
thereof or the parties in interest an order:
(1)
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
or have said building vacated and closed within the times set forth
in the order.
(2)
That 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 said building within a reasonable time as specified in
said order of removal.
C.
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 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, occupancy or use; the use or occupation
of this building is prohibited and unlawful."
D.
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.
All costs to the municipality (expert witness fees, search fees
and advertising charges, repairs, alterations or improvements or vacating
and closing or removal or demolition) shall become municipal liens
against the real property upon which the costs were incurred in accordance
with the provisions of N.J.S.A. 40:48-2.5f.
The Construction Code Official may determine that a building
is unfit for human habitation, 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 the Borough of Swedesboro. Such conditions
may include but are not limited to defects therein increasing the
hazards of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair; structural
defects; and uncleanliness.
Complaints or orders issued by the Construction Code Official
pursuant to this chapter shall be served upon persons either by registered
mail; or, if the whereabouts of such person 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 persons may be made by publishing the same one time
in The Gloucester Times. A copy of said complaint or order shall be
posted in a conspicuous place on the premises affected by the complaint
or order. A copy of such complaint or order shall be duly recorded
or lodged for record with the County Clerk of Gloucester County.
Any person aggrieved by an order issued by the Construction
Code Official under this chapter may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the Construction Code Official from carrying out the provisions
of the order, in accordance with the provisions of N.J.S.A. 40:48-2.8.
The remedy herein provided shall be exclusive, and no person affected
by an order of the Construction Code Official shall be entitled to
recover any damages for action taken pursuant thereto, or because
of noncompliance by any person with any order of the Construction
Code Official.
The Construction Code Official may exercise the following 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 those already granted under this chapter:
A.
To investigate the building conditions in the municipality 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.
D.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
The Mayor and Council of the Borough of Swedesboro, by resolution,
may authorize the Construction Code Official to abate a nuisance,
correct a defect or put the premises in proper condition so as to
comply with the requirements of any Borough ordinance or state law
applicable thereto, at the cost of the owner or lessor, and expend
municipal funds for such purposes and charge the same against the
premises, and the amount thereof, as determined by the Mayor and Council
of the Borough of Swedesboro, shall be a lien against the premises.
A.
The Mayor and Council may, by resolution, appoint a custodian of
any such building, structure or premises on behalf of the municipality,
who may be either an officer of the municipality or any other person
specially designated to enter into and take charge of the premises
and supervise abatement of the nuisance, the correction of the defective
condition or the maintenance of the premises in a proper condition
so as to conform to the requirements of all municipal ordinances and
state laws applicable thereto.
B.
If the custodian is some person other than a full-time employee of
the Borough of Swedesboro, he shall be paid an hourly rate equal to
those Borough employees paid by the Annual Salary Ordinance receiving
the highest hourly rate. The costs and expenses of said custodian
shall be collectible by the municipality from the owner or lessor
of the premises as provided in this chapter.
C.
In the event that any owner of a building or structure or premises
in the municipality shall violate the provisions of this chapter,
or fail to abate a condition harmful to the health and safety of the
occupants of the premises and the general public in the municipality
after notice and opportunity to do so, the Construction Code Official
may, by and with the approval of the Mayor and Council of the Borough
of Swedesboro, bring an action in the Superior Court to be appointed
receiver ex officio of the rents and income of such real property
for the purpose of collecting the rents and income from such property
and expend the same for purpose of abating said conditions. Said rents
and income so collected by the receiver shall also be available for
the payment of such costs and expenses of the receivership, as may
be adjudged by the court, and for the payment to the municipality
of any fines or penalties which may have been imposed on the owner
for violations of this chapter and which have not been paid by the
person liable therefor. Such receiver shall not be required to give
bond and shall be appointed only for said purpose.
D.
Upon his appointment, the receiver, by and with the approval of the
governing body of the Borough of Swedesboro in all cases where the
property in question is encumbered by a first mortgage, shall appoint
such first mortgagee, if such mortgagee is a proper person and is
willing to accept such appointment, as the receiver's agent to
collect the rents and income from such real property and manage the
same, and in all other cases the receiver, by and with the approval
of the Mayor and Council of the Borough of Swedesboro, may designate
the person in charge or management of such real property or such other
competent person as the receiver's agent to collect the rents
and income from such real property and manage the same, which mortgagee
or other person shall account promptly to the receiver for the rents
and income so collected; provided, however, that if the mortgagee
or other person so designated is derelict in collecting or accounting
for such rents and income or in the management of such real property,
the receiver shall apply to the court for the removal of such designated
mortgagee or other person, upon notice in writing to him, and the
court, upon removing such designated mortgagee or other person, in
its discretion, may designate another person to collect the rents
and income from such real property and manage the same and account
to the receiver for the rents and income of such real property as
aforesaid.
E.
In any such receivership, no fees shall be allowed the receiver,
or his counsel, for actions as such receiver or counsel.
