[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Gibbsboro 5-23-1972 by Ord. No. 72-4;
amended 5-18-1982 by Ord. No. 82-2 (Ch.
101 of the 1982 Code). Subsequent amendments noted where applicable.]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the New Jersey
State Housing Code as approved by the Departments of Health and Conservation
and Economic Development and filed in the Secretary of State's office on January 31, 1962, is hereby adopted as a
standard governing supplied utilities and facilities and other physical things
and conditions essential to making dwellings safe, sanitary and fit for human
habitation, occupancy or use and governing the condition of dwellings. A copy
of the New Jersey State Housing Code is attached to and made a part of this
chapter without the text being included herein.
Three copies of the New Jersey State Housing Code have been placed on
file in the office of the Clerk and will remain on file there for the use
and examination by the public.
The administrative and enforcing authority for the provisions of this
chapter shall be the Construction Code Official.
This chapter shall constitute the standards to guide the Construction
Code Official in determining the fitness of any dwelling, dwelling unit, rooming
unit or premises for human habitation, use or occupancy.
The Construction Code Official may make rules and regulations subject
to the approval of the Council which interpret or amplify any provision of
this chapter more effectively. No regulation, however, shall be inconsistent
with or alter or amend any provision of this chapter, and no regulation shall
impose any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this chapter.
Rules and regulations shall be subject to the same penalty as other violations
of this chapter.
The Construction Code Official or his agents or employees shall make
inspections to determine the condition of dwellings, dwelling units, rooming
units and premises located within the Borough. This section shall not be construed
to prohibit the entry of the Construction Code Official or his agents at any
time when an actual emergency exists which tends to create a danger to public
health or safety or at any time when an inspection is requested by an owner
or occupant.
The Construction Code Official or his agents may, upon affidavit, apply
to the Judge of the Municipal Court of the Borough for a search warrant, setting
forth factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this chapter exists on
the premises; and, if the Municipal Judge is satisfied as to the matter set
forth in the affidavit, he shall authorize the issuance of a search warrant
permitting access to and inspection of that part of the premises on which
the nuisance or violation may exist. Search warrants may also be obtained
in connection with a general program of inspection.
Whenever the Construction Code Official determines that there are reasonable
grounds to believe that there has been a violation of any provision of this
chapter or of any rule or regulation adopted pursuant thereto, he shall give
notice of the alleged violation to the person or persons responsible therefor
as hereinafter provided. The notice shall be put in writing, include a statement
of the reasons why it is being issued, allow a reasonable time for the performance
of any act it requires and be served upon the owner or his agent or the occupant,
as the case may require, provided that notice shall be deemed to be properly
served upon such owner or agent or upon such occupant if a copy thereof is
served upon him personally, or if a copy thereof is sent by certified mail
to his last known address, or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice, or if he is served
with such notice by any other method authorized or required under the laws
of this state. The notice may contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter or of any rule or regulation
adopted pursuant thereto may request and shall be granted a hearing on the
matter before the Construction Code Official, provided that such person shall
file in the office of the Construction Code Official a written petition requesting
a hearing and setting forth a brief statement of the grounds therefor within
10 days after the day the notice is served. Upon receipt of the petition,
the Construction Code Official shall set a time and place for the hearing
and shall give the petitioner written notice thereof. At the hearing the petitioner
shall be given an opportunity to be heard and to show why the notice should
be modified or withdrawn. The hearing shall be commenced not later than 10
days after the day on which the petition is filed, provided that, upon application
of the petitioner, the Construction Code Official shall sustain, modify or
withdraw the notice, depending upon his findings as to whether the provisions
of this chapter and the rules and regulations adopted pursuant thereto have
been complied with. If the Construction Code Official sustains or modifies
the notice, it shall be deemed to be an order. Any notice served pursuant
to this chapter shall automatically become an order if a written petition
for a hearing is not filed in the office of the Construction Code Official
within 10 days after the notice is served. The proceedings at the hearings,
including the findings and the decision of the Construction Code Official,
shall be summarized, reduced to writing and entered as a matter of public
record in the office of the Construction Code Official. The record shall also
include a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Construction Code Official may
seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state. Whenever the Construction Code Official finds that
an emergency exists which requires immediate action to protect the public
health or safety, he may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring that such action be taken as
he deems necessary to meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately, but upon petition
to the Construction Code Official shall be afforded a hearing as soon as possible.
After such hearing, depending upon his findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant thereto
have been complied with, the Construction Code Official shall continue such
order in effect or modify it or revoke it.
Whenever a petition is filed with the Construction Code Official by
a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five
residents of the Borough charging that any dwellings are unfit for human habitation,
as defined in the Housing Code, or whenever it appears to the Construction
Code Official on his own motion that any dwelling is unfit for human habitation,
he 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 dwelling a complaint stating the charges in that respect and containing
a notice that a hearing will be held before the Construction Code 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 of law or equity shall
not be controlling in hearings before the Construction Code Official.
A.
If after notice and hearing, as provided above, the Construction
Code Official determines that the dwelling under consideration is unfit for
human habitation, as defined in the Housing Code, he shall state in writing
his findings of fact in support of such determination and, upon approval of
the Borough Council by resolution, shall issue and cause to be served upon
the owner thereof and parties in interest an order requiring:
(1)
The repair, alteration or improvements of the building
to be made by the owner within a reasonable time, which shall be set forth
in the order, or, at the option of the owner, to vacate or to have the building
vacated and closed within the time set forth in the order.
(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 building within the time specified
in the order, that the owner shall remove or demolish the building within
a reasonable time as specified in the order of removal.
(3)
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 Construction Code Official may cause such buildings to be repaired,
altered or improved or 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."
(4)
If the owner fails to comply with an order to remove
or demolish the building, the Construction Code Official may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor.
(5)
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 the cost of repairs, alterations or improvements or vacating and
closing, or removal or demolition, if any, or the amounts of the balance thereof
remaining after the 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.
B.
If the building is removed or demolished by the Construction
Code 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 Municipal Tax Assessor or other custodian of the records of tax liens,
and a copy thereof shall be forthwith forwarded to the owner by certified
mail. If the total of the credits exceeds such other costs, the balance remaining
shall be deposited in the Superior Court by the Construction Code 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 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.[1]
Complaints or orders issued by the Construction Code Official pursuant
to this chapter shall be served upon persons either personally or by certified
mail, but if the whereabouts of such persons is unknown and the same cannot
be ascertained by the Construction Code Official in the exercise of reasonable
diligence and the Construction Code Official 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
having circulation 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 Camden County recording officer.
The Construction Code Official 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 this chapter, including the following, in addition
to others herein granted:
A.
To investigate the dwelling conditions in the Borough
in order to determine which dwellings therein are unfit for human habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
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.
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 this
chapter to such officers and agents as he may designate.
No person shall occupy as owner or occupant or rent to another for occupancy
any dwelling or dwelling unit for the purpose of living therein which does
not conform to the provisions of the New Jersey State Housing Code established
hereby as the standard to be used in determining whether a dwelling is safe,
sanitary and fit for human habitation.
