[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 8-9-1971 as Ch. 43 of
the 1971 Code. Amendments noted where applicable.]
By resolution duly adopted, the governing body
of this municipality has declared and determined that there exist
in the Borough of Beach Haven buildings which are unfit for human
habitation or occupancy or use due to dilapidation, defects increasing
the hazards of fires, accidents or other calamities, lack of ventilation,
light or sanitary facilities, or due to other conditions rendering
such buildings unsafe or unsanitary or dangerous or detrimental to
the health and safety or otherwise inimical to the welfare of the
residents of this Borough, said resolution having been adopted pursuant
to the provisions of N.J.S.A. 40:48-2.3 et seq.
No owner or party in interest of any building
which is, or may become, dangerous to human life, safety or health
or dangerous to adjacent property, or which would be likely to extend
a conflagration, shall permit the same to remain in this municipality.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Borough Manager be and he hereby is designated
as the Public Officer to exercise the powers prescribed by this chapter.
Whenever a petition is filed with the Public
Officer by a public authority or by at least five residents of the
Borough of Beach Haven 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 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 his designated
agent) at a place therein fixed not less than 10 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 courts of law or equity 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.
If the repair, alteration or improvement of the said
building can be made at a reasonable cost in relation to the value
of the building, requiring the owner, to the extent and within the
time specified in the order, to repair, alter or improve the said
building to render it fit for human habitation or occupancy or use,
or, at the option of the owner, to vacate and close the building as
a human habitation; or
B.
If the repair, alteration or improvement of the said
building cannot be made at a, reasonable cost in relation to the value
of the building, requiring the owner, within the time specified in
the order, to remove or demolish said building.
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;
and 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 for human habitation or occupancy or
use is prohibited and unlawful."
It shall be unlawful for any person to own,
have, keep, maintain or live in any building on which there has been
posted a placard as herein provided for, or to remove or cause the
removal of any such posted placard.
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.
The amount of such cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition
shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the
Public Officer, he shall sell the materials of such building and shall
credit the proceeds of such sale against the cost of the removal or
demolition, and any balance remaining shall be deposited in the Court
of Chancery by the Public Officer, shall be secured in such manner
as may be directed by such Court and shall be disbursed by such Court
to the persons found to be entitled thereto by final order or decree
of such Court; provided, however, that nothing in this section shall
be construed to impair or limit in any way the power of the Borough
of Beach Haven to define and declare nuisances and to cause their
removal or abatement, by summary proceedings or otherwise.
The said Public Officer may determine that a
building is unfit for human habitation or 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 Beach
Haven; without limiting the generality of the foregoing, such conditions
may include the following: defects therein increasing the hazards
of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities, dilapidation; disrepair, structural
defects; uncleanliness.
It shall be unlawful for any person to have,
keep or maintain a building that is unfit for human habitation or
occupancy or use or which is dangerous or injurious to the health
or safety of the occupants of neighboring buildings or other residents
or people of or in the Borough of Beach Haven, as specified in this
section.
Any complaint or complaints, order or orders
issued by the said Public Officer pursuant to the provisions of 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 Public Officer in the exercise of reasonable
diligence, the Public Officer shall make an affidavit to that effect,
and 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 Beach
Haven, or, in the absence of such newspaper, in one printed and published
in Ocean County and circulating in the Borough of Beach Haven. A copy
of such 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 Clerk of the County of Ocean.
The said Public Officer 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 the other powers herein granted:
A.
To investigate the building conditions in the Borough
of Beach Haven 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 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 purpose of this
chapter.
E.
To delegate any of his functions and powers under
the chapter to such officers and agents as he may designate.
Any repair, alteration, improvement, removal
or demolition, as above provided, may be performed by the municipality
through its proper officers or employees, or the municipality may
contract with any person to render such service on behalf of the municipality,
under its control and direction, and pursuant to specification showing
in detail the service to be rendered and to rules and regulations
adopted by the governing body for the same, and upon ample security
for proper performance being given to the municipality. The procedure
to be followed in entering into any such contract shall be in accordance
with N.J.S.A. 40:48-5. The municipality may recover the cost thereof
from the said owner by action at law, which action shall be in addition
to any other remedy provided for by this chapter, and shall not make
void any lien upon real estate provided for by this chapter, nor prevent
the imposition of any penalty imposed for violation of this or any ordinance of this municipality.
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of the Borough of
Beach Haven to enforce any provisions of its charter or other statute,
or its ordinances or regulations, nor to prevent or punish violations
thereof; and the powers conferred by this chapter shall be in addition
and supplemental to the powers conferred by any other ordinance of
the Borough of Beach Haven.
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:
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Beach
Haven, the County of Ocean or the State of New Jersey, relating to
health, fire or building regulations or to other activities concerning
buildings in the Borough of Beach Haven.
The officer or officers who are authorized by this chapter
to exercise the powers prescribed by this chapter.[1]
