[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 9-5-2006
by Ord. No. 06-2380. Amendments noted where applicable.]
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 or 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 residents of the Borough, and that a public necessity exists for the
repair, closing or demolition of such building or buildings, or part thereof.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building or structure, or part thereof, whether used for human
habitation or otherwise, and includes any accessory buildings, structures
and appurtenances belonging thereto or usually enjoyed therewith.
The holder or holders of the title in fee simple.
All individuals, associations or corporations which have interests
of record in a building and any of the foregoing who are otherwise in actual
possession of a building.
The officer who is authorized under § 126-4 to exercise the powers set forth under this chapter.
Whenever the Public Officer of the Borough finds that there exists in
the Borough any building which is unfit for human habitation, occupancy or
use because of dilapidation; defects increasing the hazards of fire, accidents
or other calamities; lack of ventilation, light or sanitation facilities;
or due to other conditions rendering the building, 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 the Borough, the Public Officer
shall exercise the power vested under this chapter and under the Borough's
police powers to repair, close or demolish, or cause or require the repairing,
closing or demolition of such building, or part thereof, in the manner provided.
The Borough Construction Official is hereby designated and appointed
the Public Officer to exercise the powers set forth in this chapter. The Mayor
and Council, by resolution, may designate any other person or persons having
the qualifications set forth in the State Uniform Building Code to act in
the place of the Construction Official.
Whenever a petition is filed with the Public Officer by the Health Department,
Fire Official, or any other officer in charge of any department of the municipality
relating to health, fire, building regulations or activities concerning buildings
in the Borough, 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 that any building is unit for human habitation
or occupancy, or use, the Public Officer shall, if his/her preliminary investigation
discloses a basis for such charges, issue and cause to be served upon the
owner of and parties-in-interest in that building a complaint: (a) stating
the charges in that respect and containing a notice that a hearing will be
held before the Borough Administrator or his/her designated agent, at a place
therein fixed, not less than 10 days nor more than 30 days after the serving
of the complaint; (b) that the owner and parties-in-interest shall have 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 (c) that
the rules of evidence prevailing in the courts shall not be controlling in
hearings before the Borough Administrator.
If, after notice and hearing, the Borough Administrator determines that
the building under consideration is unfit for human habitation or occupancy
or use, he/she shall state in writing his/her findings of fact in support
of such determination and shall issue and cause to be served upon the owner
thereof and parties in interest:
A.
An order requiring 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
have the 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 the building within the time specified
in the order, then the owner shall be required to remove or demolish the building
within a reasonable time as specified in the order of removal.
If the owner shall fail to comply with the order to repair, alter or
improve or, at the option of the owner, to vacate and close the building,
the Borough Administrator may cause such building to be repaired, altered
or improved, or to be vacated and closed; the Borough Administrator 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."
If the owner fails to comply with an order to remove or demolish the
building, the Borough Administrator 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. The detailed
statement of the costs shall be filed with the custodian of the records of
tax liens, and a copy of the detailed statement shall be forwarded to the
owner by registered mail. If the building is removed or demolished by the
Borough Administrator, he/she shall sell the materials of such building and
shall credit the proceeds of such sale against the cost of the removal or
demolition; any balance remaining shall be deposited into the Superior Court
by the Borough Administrator, shall be secured in such manner as may be directed
by the 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 the court; provided, however, that nothing in this section 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. Any owner or party-in-interest, within 60 days from the date
of the filing of the lien certificate, may 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.
The Borough Administrator may determine that a building is unfit for
human habitation or occupancy or use if he/she 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. 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; failure to have included in
the building running water or inside toilet facilities. The Borough Administrator,
in reaching such determination, shall be guided by, among other things, the
standards set by the Building Code,[1] Zoning Ordinance,[2] and Sanitary Code[3] of the Borough.
A complaint or order issued by the Public Officer or Borough Administrator
pursuant to this chapter shall be served upon persons either personally or
by registered mail, but if the whereabouts of such persons are unknown and
the same cannot be ascertained by the Public Officer or Borough Administrator
in the exercise of reasonable diligence, and the Public Officer or Borough
Administrator shall make an affidavit to that effect, then the serving of
the complaint or order upon such persons may be made by publishing the same
once each week for two successive weeks in a newspaper that is distributed
or sold in the Borough. A copy of the complaint or order shall be posted in
a conspicuous place on premises affected by the complaint or order. A copy
of the complaint or order shall be duly recorded for record with the Clerk
of the County of Bergen.
The Public Officer or other official designated under this chapter may
exercise such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but not limited to,
the following powers, in addition to the others herein granted:
A.
To investigate the building conditions in the Borough
in order to determine which buildings 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
inconvenience possible to the persons in possession.
D.
To appoint and fix the duties of such officers, agents
and employees as he/she deems necessary to carry out the purposes of this
chapter.
E.
To delegate any of his/her functions and powers under
this chapter to such officers and agents as he/she may designate.
