[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Rocky Hill 8-5-1968 by Ord. No. 1-69; amended
in its entirety 12-6-2010 by Ord. No. 9-2010. Subsequent amendments
noted where applicable.]
The Health Officer of the Borough of Rocky Hill is hereby designated
as the primary Public Officer to exercise the powers prescribed by
this chapter and by N.J.S.A. 40:48-2.3 et seq., and the Health Officer
shall serve in such capacity without any additional compensation.
Pursuant to N.J.S.A. 40:48-2.4(b), if required, the Mayor, with the
advice and consent of the Borough Council, may by resolution designate
an additional Public Officer or Public Officers through appointment
or contractual services agreement to exercise the powers prescribed
by this chapter.
As used in this chapter, the following terms shall have the
meanings indicated pursuant to N.J.S.A. 40:48-2.4:
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.
The Council of the Borough of Rocky Hill in the County of
Somerset.
The holder or holders of the title in fee simple.
All individuals, associations and corporations 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 government of the municipality, county
or state relating to health, fire, building regulations, or to other
activities concerning buildings in the municipality.
The officer, officers, board or body who is or are authorized by Chapter 64 of the Code of the Borough of Rocky Hill adopted to exercise the powers prescribed by N.J.S.A. 40:48-2.3 et seq. Notwithstanding any other provision of law to the contrary, nothing shall prevent the Borough from designating more than one Public Officer for different purposes as provided by law.
A.
For the purpose of Chapter 64 of the Code of the Borough of Rocky Hill, pursuant to N.J.S.A. 40:48-2.6. the Public Officer may determine that a building is unfit for human habitation or occupancy or use if the Public Officer 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 Rocky Hill. Such conditions may 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 (N.J.S.A. 52:27D-119 et seq.) or the certificate of occupancy.
B.
Pursuant to N.J.S.A. 40:48-2.3a, 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 repairing or demolishing 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.
Pursuant to the provisions of N.J.S.A. 2A:42-74 et seq., the
New Jersey State Housing Code as adopted by the Department of Community
Affairs and promulgated at N.J.A.C. 5:28-1 et seq. is hereby accepted,
adopted and established as a standard to be used as a guide in determining
the fitness of a building for human habitation or occupancy or use.
A copy of the New Jersey State Housing Code is on file in the office
of the Borough Clerk and is available to all persons desiring to use
and examine the same.
Whenever a petition is filed with the Public Officer by a public authority as defined in § 64-1.1, or by at least five residents of the Borough of Rocky Hill charging that any building is unfit for human habitation or occupancy or use, as defined in § 64-3, 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 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 Public Officer (or designated agent or the Borough Council) 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 time and place fixed in the complaints; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Public Officer (or designated agent or the Borough Council).
A.
If, after such notice and hearing, the Public Officer determines
that the building under consideration is unfit for human habitation,
as herein defined, or occupancy or use, the Public Officer shall state
in writing any 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:
(1)
The repair, alteration or improvement of the 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 to have said
building vacated and closed within the time set forth in the order;
and
(2)
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, that the owner remove or demolish the said
building within a reasonable time as specified in the said order of
removal.
B.
That, 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; that the Public
Officer 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."
C.
That, if the owner fails to comply with an order to remove or demolish
the building, the Public Officer 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.
D.
Municipal lien; sale of materials.
(1)
That the amount of a) The cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges, incurred
in the course of any proceeding taken under this chapter determined
in favor of the Borough of Rocky Hill; and b) Such cost of such repairs,
alterations or improvements, or vacating and closing, or removal or
demolition, if any, 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.
(2)
If the building is removed or demolished by the Public Officer, the
Public Officer shall sell the materials of such building. 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. 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 and the
amount so due shall be filed with the Borough Tax Collector or other
custodian of the records of tax liens and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceeds 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.
E.
If an actual and immediate danger to life is posed by the threatened
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.
F.
Nothing in this § 64-5F 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 64 intended to limit the authority of the enforcing agency or construction official under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any rules or regulations adopted thereunder.
Complaints or orders issued by the Public Officer 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 said Public Officer in the exercise
of reasonable diligence, and said Public Officer 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 Borough
of Rocky Hill, or, in the absence of such newspaper, in a newspaper
printed and published in Somerset County and circulating in the Borough.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order, and a copy
of such complaint or order shall be duly recorded or lodged for record
with the county recording officer of Somerset County.
Any person aggrieved by an order issued by a Public Officer under Chapter 64 may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the Public Officer 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 Public Officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Public Officer.
A.
The Public Officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of Chapter 64, including the following powers:
(1)
To investigate the building conditions in the Borough of Rocky Hill
in order to determine which buildings therein are unfit for human
habitation, or occupancy, or use;
(2)
To administer oaths, affirmations, examine witnesses and receive
evidence;
(3)
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
(4)
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of Chapter 64; and
(5)
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
(6)
Pursuant to N.J.S.A. 40:48-2.5a, any building or buildings, or parts thereof, which have come into a state of disrepair through neglect, lack of maintenance or use, fire, accident or other calamities, or through any other act rendering the building or buildings, or parts thereof, in a state of disrepair, to the extent that the building is unfit for human habitation or occupancy or use, shall be deemed inimical to the welfare of the residents of the Borough of Rocky Hill, and a Public Officer appointed pursuant to Chapter 64 and the provisions of N.J.S.A. 40:48-2.3 et seq. may exercise his powers to repair, demolish, or cause the repairing or demolition of the building or buildings, or parts thereof.
B.
Any action taken using municipal funds shall be taken only after
advertisement for, and receipt of, bids therefor, pursuant to the
provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et
seq., unless the action is necessary to prevent imminent danger to
life, limb or property.
Pursuant to N.J.S.A. 40:48-2.10, the Borough Council of Rocky Hill shall prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the buildings in the Borough for the purpose of determining the fitness of such buildings for human habitation or occupancy or use, and for the enforcement and administration of its ordinances adopted under N.J.S.A. 40:48-2.3 et seq.; and the Borough of Rocky Hill is authorized to make such appropriations from its revenues as it may deem necessary for this purpose and may accept and apply grants or donations to assist it in carrying out the provisions of Chapter 64.
A.
Notwithstanding any law to the contrary, the Public Officer, to finance
the costs of accomplishing the purpose of this chapter, shall have
the power to accept gifts or grants from private or public agencies,
or to accept donations.
Nothing in Chapter 64 shall be construed to abrogate or impair the power of the Borough or any officer or department to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by Chapter 64 shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.
