[HISTORY: Derived from Ch. X, Sec. 10-2, of the Revised General Ordinances
of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments noted where
applicable.]
The Building Subcode Official of the borough is hereby designated and
appointed to exercise the powers prescribed by this chapter.
Whenever a petition is filed with the Building Subcode Official by a
public authority or by at least five residents of the borough charging that
any building is unsafe for human habitation or occupancy or use or whenever
it appears to the Building Subcode Official (on his own motion) that any building
is unsafe for human habitation or occupancy or use, the Building Subcode Official
shall, if his preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner and all 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 Building Subcode Official
at a place therein fixed not less than 10 days nor more than 30 days after
the serving of the 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 complaint,
and that the rules of evidence prevailing in the courts shall not be controlling
in hearings before the Building Subcode Official.
The Building Subcode Official 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; 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.
If, after such notice and hearing, the Building Subcode 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:
A.
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 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 Building
Subcode Official may cause such building to be repaired, altered or improved
or to be vacated and closed; the Building Subcode Official 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 Building Subcode Official 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.
A.
The amount of 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; and 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
or 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.
B.
If the building is removed or demolished by the Building
Subcode Official, he shall sell the materials of such building. There shall
be credited against the cost of the removal or demolition thereof 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 Assessor 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 exceed such costs, the balance remaining shall
be deposited in the Superior Court by the Building Subcode Official, 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; provided, however,
that nothing in this chapter 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 may, within 60 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.
