[HISTORY: Adopted by the Board of Commissioners of the Borough of
Haddonfield 2-16-1943 by Ord. No. 771; amended in its entirety at time of
adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch.
92.
Fire prevention — See Ch.
114.
The Director of Public Safety of the Borough of Haddonfield is hereby
designated and appointed as the public officer to exercise the powers prescribed
by this chapter or by N.J.S.A. 40:48-2.3 through 40:48-2.12. The Director
of Public Safety is hereinafter referred to as the "public officer" and the
Borough is hereinafter referred to as the "municipality."
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the municipality charging that any building,
wall or structure which is so old or dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise is unfit for human habitation
or occupancy or use, is inimical to the welfare and dangerous and injurious
to health and safety, and that a public necessity exists for the repair, closing
or demolition of such building, wall or structure which is unfit for human
habitation or occupancy, or cause, due to dilapidation, defects increasing
the hazards of fire, accidents or other calamities, lack of ventilation, light
or sanitation facilities, or due to other conditions rendering such building,
wall or structure or part thereof unsafe or unsanitary, or dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of residents,
or whenever it appears to the public officer (on his own motion) that any
building, wall or structure is unfit for human habitation, the public officer
shall, if his preliminary investigation discloses a basis for such charge,
issue and cause to be served upon the owner of and the parties in interest
in such building, wall or structure 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; the owner
and parties of interest shall be given the right to file and answer to the
complaint and to appear in person, or otherwise, and give testimony at the
place and time fixed in the complaints; and the rules of evidence prevailing
in courts of law or equity shall not be controlling in the hearings before
the public officer.
If, after such notice and hearing, the public officer determines that
the building, wall or structure under consideration meets any of the conditions
outlined above, 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 of interest an order, if the repairs, alterations or improvements
of said building, wall or structure can be made at a reasonable cost in relation
to the value of the building, wall or structure, requiring the owner (to the
extent and within the time specified in the order) to repair, alter or improve
said building, wall or structure to render it safe or, at the option of the
owner, to vacate the building, wall or structure as a human habitation; or
if the repair, alteration or improvement of said building, wall or structure
cannot be made at a reasonable cost in relation to the value of the building,
wall or structure, requiring the owner (within the time specified in the order)
to remove or demolish such building, wall or structure.
If the owner fails to comply with an order to repair, alter, or improve
or, at the option of the owner, to vacate the building, wall or structure,
the public officer may cause such building, wall or structure 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, wall or structure
so closed a placard notifying of the order.
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
or may contract for the removal or demolition thereof in accordance with N.J.S.A.
40A:11-1 et seq.
The amount of the cost of the filing of legal papers, expert witness'
fees, search fees and advertising charges, incurred in the course of any proceeding
taken under this chapter determined in favor of the municipality, and such costs 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 of material 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. If the building is removed or
demolished by the public officer, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, the proceeds
of any sale of such materials or any sum derived from any contract for the
removal and demolition of the building. If there are no such credits or if
the sum total of such cost 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 registered mail. If the total
of the credit exceeds such costs, the balance remaining shall be deposited
in the Superior Court by the public officer and 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 of judgment of such court. Any owner or party in interest may,
within 30 days from the date of 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.
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
of thereof.
Complaints and orders issued by the public officer pursuant to this
chapter shall be served, and copies thereof shall be posted and recorded or
lodged for record, in the manner prescribed by the statute or by any amendments
thereof or supplements thereto.
The 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 or the said statute, including the following powers in addition
to others herein granted:
A. To investigate the building, wall or structure conditions
in the municipality in order to determine which buildings, walls or structures
therein are unfit for human habitation;
B. To administer oaths, affirmations, examine witnesses
and received 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 purposes of the ordinances;
and
E. To delegate any of his functions and powers under the
ordinance to such officers and agents as he may designate.
A. This chapter shall not be construed to repeal, abrogate
or impair the provisions of any other ordinance of the municipality for the
reason that this chapter may cover or relate to the same subject matter as
such other ordinance, or for any other reason; and the powers and authority
conferred and the procedures and remedies prescribed by this chapter shall
be in addition and supplemental to the powers and authority conferred and
the procedures and remedies prescribed by any other ordinance or ordinances
of the municipality.
B. Nothing in this chapter shall be construed to impair
or limit in anyway 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 Code Official under the State Uniform Construction
Code Act, P.L. 1975 c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations
adopted thereunder, as amended and supplemented.
Any person aggrieved by an order of the public officer under this chapter
may, within 30 days after the posting and service of such order, bring an
action for injunctive relief to restrain the public officer from carrying
out the provisions of the order and for any other appropriate relief as provided
by said statute or by any amendment thereof or supplements thereto.