[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg 3-7-1977
as Sec. 8-2 of the 1976 Revised General Ordinances. Amendments noted where
applicable.]
The Mayor and Borough Council find that there exist in the Borough of
Hamburg buildings which are unfit for human habitation or occupancy, or use,
due to dilapidation, defects increasing the hazards of fire, accidents or
other calamities, lack of ventilation, light or sanitation facilities, and
due to other conditions rendering such buildings unsafe and unsanitary and
dangerous and detrimental to the health and safety and otherwise inimical
to the residents of the Borough, and a public necessity exists for the repair,
closing or demolition of such buildings, as provided by Chapter 112, P.L.
1942, as amended (N.J.S.A. 40:48-2.3 et seq.).
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 outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
The Mayor and Borough Council of the Borough of Hamburg.
The holder or holders of the title in fee simple.
All individuals, associations, or corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of any branch
of the government of the Borough of Hamburg, the County of Sussex, or the
State of New Jersey relating to health, fire, building regulations, or other
activities concerning buildings in the Borough.
The officer, officers, board or body authorized by this chapter to
exercise the powers prescribed by this chapter and by Public Laws 1942, Chapter
112, as amended.
The Mayor and Borough Council shall constitute the public officer provided
by this chapter and Chapter 112, P.L. 1942, as amended, and shall exercise
the powers described by this chapter until such time as a separate public
officer shall be appointed by resolution of the Mayor and Borough Council.
In the event that a separate public officer is so appointed, such appointment
shall be at the pleasure of the Mayor and Council, unless otherwise provided
in the appointing resolution. The Borough Council may, by ordinance, fix the
salary, if any, to be paid to such public officer.
Whenever a petition is filed with the public officer by a public authority
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 (on his/her own motion) that any building is unfit 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 such building a
complaint stating the charges in that respect and containing a notice that
a hearing will be held before the public officer (or his/her designated agent)
at a place therein fixed not less than seven 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 public officer.
If, after such notice and hearing provided in § 87-4, the public officer 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 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 condition 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 public
officer may cause such building to be repaired, altered or improved or to
be vacated and closed. The public officer 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." No person shall use or occupy
any building upon which such a placard has been placed pursuant to this chapter.
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 after advertisement
for, and receipt of, bids therefor.
A.
The amount of the cost of filing of legal papers, expert
witnesses' fees, search fees and advertising charges, incurred in the
course of any proceeding taken under this act determined in favor of the municipality,
and the cost of such 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 such 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 cost was incurred.
B.
If the building is removed or demolished by the public
officer, he/she 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 registered
mail. If the total of the credits exceeds such costs the balance remaining
shall be deposited in the Superior Court by the public officer, shall be secured
in such manner as may be directed by such court, and shall be disbursed according
to the order of 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, 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. 217 (N.J.S.A.
52:27D-119 et seq.) or any rules or regulations adopted thereunder.[1]
C.
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 of the accuracy
of the costs set forth in the municipal lien certificate.[2]
D.
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.[3]
The public officer 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 such municipality, Such conditions may include the following (without limiting
the generality of the foregoing): defects therein increasing the hazards of
fire, accidents, or other calamities; lack of adequate ventilation, light,
or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness;
circumstances creating a nuisance under any applicable law; or failure to
conform to other laws of the State of New Jersey or ordinances of the Borough
of Hamburg or of the local Board of Health relating to the safety, sanitation,
construction, repair, or in any other manner to buildings.
Any building or buildings, or parts thereof, which have been damaged
to such an extent that nothing remains but the walls, or parts of the walls
and other supports, shall, regardless of the safety and sturdiness of those
remaining walls or parts thereof, be deemed inimical to the welfare of the
residents of the Borough and the municipality may exercise its police powers
to repair, demolish, or cause the repairing or demolishing of the building
or buildings, or parts thereof, pursuant to the procedures set forth in this
chapter.
Pursuant to the provisions of Chapter 21, P.L. 1946 (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 is hereby accepted, adopted and established as a standard to be used
as a guide in determining the fitness of a building for human habitation or
occupancy or use. A copy of the New Jersey State Housing Code is annexed to
this chapter[1] and three copies of the same have been placed on file in the office
of the Borough Clerk and are available to all persons desiring to use and
examine the same.
[1]
Editor's Note: The State Housing Code is on file in the office
of the Borough Clerk.
Complaints or orders issued by a public officer pursuant to this chapter
shall be served upon persons either personally or by registered mail, but
if the whereabouts of such person is unknown and the same cannot be ascertained
by the public officer in the exercise of reasonable diligence, and the public
officer shall make an affidavit to that effect, then the serving of such complaint
or order on such persons may be made by publishing the same once each week
for two successive weeks in the official newspaper of 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. A copy of such complaint or order shall
be duly recorded or lodged for record with the Clerk of the County of Sussex.
A.
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 Chapter 112, Public Laws, 1942, as amended, and of this
chapter, including the following powers in addition to all others granted:
(1)
To investigate the building conditions in the Borough
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
(2)
To administer oaths, affirmations, examine witnesses
and receive evidence.
(3)
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.
(4)
To appoint and fix the duties of such officers, agents,
and employees as he/she or it deems necessary to carry out the purposes of
this chapter.
(5)
To delegate any of his/her or its functions and powers
under this chapter to such officers and agents as he/she or it may designate.
B.
Any action taken using revenues derived from the local
property tax shall be taken only after advertisement for, and receipt of,
bids therefor, pursuant to the provisions of the Local Public Contracts Law
(N.J.S.A. 40A:11- 1 et seq.), unless the action is necessary to prevent imminent
danger to life, limb or property.[1]
Nothing in this chapter shall be construed to abrogate or impair the
powers of the courts or of any department of this Borough to enforce any provisions
of its ordinances or regulations nor to prevent or punish violations thereof.
The powers conferred by this chapter shall be in addition and supplemental
to the powers conferred by any other law.
The failure, neglect or refusal of any person to comply with any order
made by the public officer pursuant to the provisions hereof, or the hindrance
by any person of the public officer in making any investigations under this
chapter or the hindrance by any person of any public officer or any other
person acting pursuant to this chapter or in furtherance of orders of the
public officer, shall constitute a violation of this chapter. Each day of
continued violation of this ordinance shall constitute a separate offense.
