The Borough of Longport hereby declares and
finds that there exists in the municipality dwellings which are unfit
for human habitation due to dilapidation, defects increasing the hazards
of fire, accidents or other calamities, lack of ventilation, light
or sanitary facilities, or due to other conditions rendering such
dwellings unsafe or insanitary or dangerous or detrimental to the
health or safety or otherwise inimical to the welfare of the residents
of such municipality; and the Borough of Longport desires to exercise
the powers set forth in N.J.S.A. 40:48-2.3 et seq. in reference to
the same.
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purposes of this chapter, unless a different meaning clearly appears
from the context:
DWELLING
Any building or structure or part thereof used and occupied
for human habitation or intended to be so used, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
The Board of Commissioners of the Borough of Longport, charged
with governing the municipality.
OWNER
The holder of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Longport,
County of Atlantic or State of New Jersey relating to health, fire,
building regulations or to other activities concerning dwellings in
the Borough of Longport.
PUBLIC OFFICER
The officer or officers who are authorized by this chapter
to exercise the powers prescribed by this chapter.
The Director having charge of the Building Inspector
and the Building Department is hereby designated as the public officer
to exercise the powers prescribed by this chapter.
[Amended 5-4-1983]
Any complaint or complaints, order or orders
issued by said public officer pursuant to the provisions of 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 public officer in the exercise of reasonable
diligence, the public officer shall make an affidavit to that effect
and 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 Longport, or if no newspaper is printed
and published in the Borough of Longport, then in a newspaper printed
and published in the County of Atlantic and circulating in the Borough
of Longport. 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 Atlantic.
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, including the following
powers in addition to the other powers herein granted:
A. To investigate the dwelling conditions in the Borough
of Longport in order to determine which dwellings therein are unfit
for human habitation.
B. To administer oath, 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.
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. The officer, agent or employee to whom the powers and functions of the public officer have been delegated is hereby authorized to exercise the powers contained in Subsections
A,
B and
C.
E. To delegate any of his functions and powers under
the chapter to such officers and agents as he may designate.
Any repair, alteration, improvement, removal
or demolition as above provided may be performed by the municipality
through its proper officials or employees, or the municipality may
contract with any person to render such service on behalf of the municipality,
under its control and direction and pursuant to specifications showing
in detail the service to be rendered and to rules and regulations
adopted by the governing body for the same and upon ample security
for proper performance being given to the municipality. The procedure
to be followed in adopting any such contract shall be in accordance
with N.J.S.A. 40:48-5. The municipality may recover the cost thereof
from the owner by action at law, which action shall be in addition
to any other remedy provided for by this chapter and shall not make
void any lien upon real estate provided for by this chapter nor prevent
the imposition of any penalty imposed for violation of this chapter
or any ordinance of this municipality.
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of the Borough of
Longport to enforce any provisions of its charter or other statute
or its ordinance or regulations, nor to prevent or punish violations
thereof; and the powers conferred by this chapter shall be in addition
and supplemental to the powers conferred by any other ordinance of
the Borough of Longport.