It is hereby found and declared that the existence
or occupation of any building or buildings, or parts thereof, in the
Borough 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 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, or part thereof. Whenever the Borough
finds that there exists in such municipality any building or buildings
which are unfit for human habitation or occupancy or use, due to dilapidation,
defects increasing the hazards of fire, accidents or other calamities,
lack of ventilation, light or sanitation facilities, or due to other
conditions rendering such building or buildings, or part thereof,
unsafe or unsanitary, or dangerous or detrimental to the health or
safety or otherwise inimical to the welfare of the residents of said
municipality, power is hereby conferred upon such municipality to
exercise its police powers to repair, close or demolish, or cause
or require the repairing, closing or demolition of such building or
buildings, or part thereof, in the manner herein provided.
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 municipality
wherein it is located, and the Borough may exercise its police powers
to repair, demolish, or cause the repairing or demolishing of the
building or buildings, or parts thereof, pursuant to P.L. 1942, c.
112 (N.J.S.A. 40:48-2.3 et seq.), and the procedures set forth therein.
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purposes of this chapter, unless a different meaning clearly appears
from the context:
BUILDING
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses, and
appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
The Mayor and Council of the Borough of Haddon Heights.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations 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 government of the municipality, county
or state relating to health, fire, building regulations, or to other
activities concerning buildings in the municipality.
PUBLIC OFFICER
The officer, officers, board or body who is or are authorized
to exercise the powers prescribed by such ordinances and by P.L. 1942,
c. 112 (N.J.S.A. 40:48-2.3 et seq.). Notwithstanding any other provision
of law to the contrary, nothing shall prevent the Mayor and Council
from designating more than one public officer for different purposes
as provided by law.
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 or
occupancy or use or whenever it appears to the public officer (on
his own motion) that any building is unfit for human habitation or
occupancy or use, the public officer shall, if his preliminary investigation
discloses the basis for such charges, issue and cause to be served
upon the owner of and parties in interest in building a complaint,
stating the charges in that respect, containing a notice that a hearing
will be held before the public, 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 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 court shall not be controlling in hearings
before the public officer.
If, after such notice and hearing, the public
officer 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:
A. Requiring the repair, alteration or improvement of
said building be made by the owner within a reasonable time, which
time shall be set forth in the order by 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 public officer may cause such building
to be repaired, altered or improved or to be vacated and closed; the
public officer may cause to be posted on the main entrance of the
main 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 an actual and immediate danger to life is
posed by the threat of collapse of any fire-damaged or other structurally
unsafe building, the public officer 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.
Nothing in this chapter shall be construed to
impair or limit in any way the power of the municipality to define
and declare nuisances and to cause their removal and 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, P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted
thereunder.