[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope
5-31-1983 as Ord. No. 1983-10. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings and lots — See Ch.
66.
Uniform construction codes — See Ch.
72.
Property maintenance — See Ch.
111.
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes hereof, unless a different
meaning clearly appears from the context:
BUILDING
Any building or structure, or part thereof, whether used for human
habitation or otherwise, including any outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
CONSTRUCTION OFFICIAL
Appointed by the municipal appointing authority charged with the
enforcement of this chapter.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any official who is in charge of any department
or branch of the government of the Borough of Stanhope, relating to health,
fire, building regulations or to other activities concerning buildings in
the Borough of Stanhope.
Whenever it shall be found that there exists in the Borough of Stanhope
buildings which are unfit for human habitation or occupancy or use due to
dilapidation, disrepair, structural defects increasing the hazards of fire,
accidents or other calamities, lack of adequate ventilation, light or sanitary
facilities or due to other conditions rendering such buildings unsafe or unsanitary
and dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents, the Construction Official shall, upon the
filing of a petition by a public authority or by at least five residents of
the Borough of Stanhope, charging that any building is unfit for human habitation
or occupancy or use, or if it shall appear to such Construction Official,
on his own motion, that any building is unfit for human habitation or occupancy
or use, make a preliminary investigation or cause such preliminary investigation
to be made concerning the basis for such charges.
A. Buildings shall be considered unfit for human habitation
or occupancy or use, within the meaning hereof, when one or more of the following
conditions are found to exist:
(1) Condition of structure. The condition of the structure
is such as to make it unsafe or unsanitary through the presence of serious
safety hazards resulting from the need for major repairs to the roof, walls,
ceiling, floors or stairs or through the presence of serious health hazards
resulting from continuous dampness or exposure brought about by neglect or
dilapidation.
(2) Water supply: lack of potable running water within each
dwelling or lack of hot-water facilities available to each dwelling.
(3) Sewerage system: no connection between plumbing fixtures
and adequate sewage disposal system.
(4) Toilet facilities: no flush toilet fit for use in each
building
(5) Bath facilities: no bathtub or shower fit for use in
each dwelling.
(6) Kitchen facilities: lack of permanent, safe and reasonably
efficient kitchen facilities within each dwelling unit, including a sink with
running water and provisions for a cooking stove.
(7) Lighting facilities: building inadequately wired for
electricity.
(8) Heating facilities: heating facilities inadequate or
unsafe.
(9) Light and ventilation: living room, bedroom or kitchen
with no windows or with windows opening on an air shaft, or toilet or bathroom
without adequate ventilation.
(10) Unsecured building: any building without adequate doors
or windows in place capable of being locked or otherwise secured to prevent
the unauthorized entrance into said building by any person.
B. The generality of the condition rendering a building unfit for human habitation or occupancy or use, specified in §
67-2 hereof, shall not be deemed in anywise limited by the foregoing specification of conditions.
If a preliminary investigation shall disclose to said Construction Official
a basis for the charges filed, he shall issue and cause to be served upon
the owner of and parties of interest in such building a complaint stating
the charges in that respect. Said complaint shall also contain a notice that
a hearing will be held before him at a place therein fixed not less than seven
days nor more than 30 days after the serving of said complaint.
The owner and parties in interest shall have the right to file an answer
to the complaint and to appear in person, by counsel or otherwise, and give
testimony at the time and place fixed in the complaint.
The rules of evidence prevailing in courts of law or equity shall not
be controlling in a hearing before the Construction Official.
The Construction 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 of Stanhope. Such conditions may include, without limiting the generality of the foregoing, defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; and the conditions set forth in §§
67-2 and
67-3 of this chapter.
When, after such notice and hearing, the Construction 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 the parties in interest an order as follows:
A. Requiring the repair, alteration or improvement of said
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
said building vacated and closed within the time set forth in the order.
B. If the building is in such a condition as to make it
dangerous to the health and safety of the persons on or near the premises
and the owner fails to repair, alter or improve said building within the time
specified in the order, then the owner shall be required to remove or demolish
said building within a reasonable time to be specified in said order.
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
Official may cause such building to be repaired, altered or improved or to
be vacated and closed. The Construction Official shall 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 occupancy of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the
building, the Construction Official may cause such building to be removed
or demolished or may contract for the removal or demolition thereof after
advertisement and after receipt of bids therefor.
The amount of the cost of such repairs, alterations or improvements
or vacating and closing or removal or demolition, when done by the Construction
Official, shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the Construction
Official, he shall sell the materials of such building and shall credit the
proceeds of such sale against the cost of the removal or demolition, including
the clearance and, if necessary, the leveling of the site, and any balance
remaining shall be deposited in the Superior Court of New Jersey, Chancery
Division, by the Construction Official, 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 municipality to define and declare nuisances
and to cause their removal or abatement by summary proceeding or otherwise.
Complaints or orders issued by the Construction Official, 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 the Construction Official in the exercise of reasonable
diligence, and the Construction Official 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 in a newspaper printed and published in the Borough
of Stanhope or circulated in said borough. 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 County Clerk of Sussex County.
Any person affected by an order issued by the Construction Official
may petition the Chancery Division, Superior Court, for relief in accordance
with P.L. 1942, c. 112, N.J.S.A. 40:48-2.3 et seq.
The remedies herein provided shall be exclusive remedies, and no person
affected by an order of the Construction Official shall be entitled to recover
any damage for action taken pursuant to any order of the Construction Official
or because of noncompliance by such person with any order of the Construction
Official.
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.
In addition to the powers herein granted to the Construction Official,
he shall also have the following powers:
A. To investigate the building conditions in the Borough
of Stanhope 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.
Nothing in this chapter shall be construed to impair or limit in any
way the power of the municipality to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise, nor is anything
in this chapter intended to limit the authority of the enforcing agency or
Construction Official under the State Uniform Construction Code Act P.L. 1975,
c. 127, (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted
thereunder.
For the enforcement of provisions of this chapter, the office of Rehabilitation
Director is hereby created, and appointment to the office shall be by the
Mayor and Council for such term or terms and with such compensation as it
may fix. The Building Inspector may also serve as the Rehabilitation Director.
Every building which shall have been damaged by fire or other cause
so as to be dangerous by reason of the bad condition of walls, floors, construction
or otherwise shall be held to be unsafe, and the Construction Official, besides
proceeding as hereinabove provided, shall also fix a notice of the dangerous
character of the structure to a conspicuous place on the exterior of the building.
[Amended 6-30-1998 by Ord.
No. 1998-8]
Any person convicted of a violation of any of the provisions hereof
by unlawfully removing any notice affixed to any building or by refusing to
vacate any building, structure or premises or part thereof when lawfully ordered
to vacate same shall, upon conviction, be punishable by a fine not exceeding
$1,000 or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
The imposition of the fine or imprisonment for a violation of this chapter
shall not be construed as in any manner affecting the enforcement of the other
provisions hereof.
If any provision of this chapter or the application thereof to any person
or circumstances is held invalid, the remainder of this chapter shall not
be affected thereby and shall remain in full force and effect.
This chapter shall take effect immediately upon its final passage and
publication as required by law.