Upon the adoption of a resolution by the governing body finding
that building conditions are such that a building is so old, dilapidated,
or has become so out of repair 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 people; and that a public necessity exists for the repair, closing
or demolition of such building or buildings, or part thereof, the
Construction Official of the Borough is designated or appointed to
exercise the powers prescribed hereinafter.
Whenever a petition is filed with the Construction Official
by a public authority or by at least five residents of the municipality
charging that any building is unfit for human habitation or occupancy
or use, or whenever it appears to the Construction Official (on his
own motion) that any building is unfit for human habitation or occupancy
or use, the Construction 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 building a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the Construction 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; 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 the courts shall not be controlling in hearings
before the Construction Official.
If after such notice and hearing the Construction Official determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his 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 requiring
the repair, alteration or improvement of the 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 time set forth in the order;
and 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
the said order of removal.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Construction Official 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.