The purpose of this chapter, pursuant to the authorization provided
under N.J.S.A. 40:48-15, is to provide for property security and/or
the removal or demolition of any building, wall or structure which
is or may become dangerous to life or health, or might tend to extend
additional damage; to assess the costs thereof as a municipal lien
against the premises; and to provide the standards and procedures
therefor.
Properties, structures or buildings within the Borough of Middlesex
shall be considered as dangerous to life, health, or safety whenever:
A. Such building or structure may, because of its condition, cause or
aid in the spread of disease or injury to the health of any inhabitants
of the municipality;
B. Any building or structure, which because of faulty construction,
age, lack of proper repair, lack of paint or other protective finish,
or any other similar cause, is especially liable to fire and constitutes
or tends to create a fire hazard;
C. Any building or structure which by reason of fire damage, or as a
result of a force majeure, faulty construction, disrepair, neglect,
or any other similar condition, is liable to cause injury or damage
by a partial or full collapse of any part of such structure;
D. Any building or structure which because of lack of doors or windows,
is accessible to and frequented or attracts any persons who are not
lawful occupants of such structure;
E. Any building, structure or surrounding area which because of uncleanliness,
spread of litter and debris, overgrown vegetation, hazardous fluids
and/or chemicals or a general lack of attention and neglect is liable
to create unsanitary conditions and may attract rodents or insects.
F. Any property/site causing an unsafe situation for residents and or
passers-by as determined by the Director of Code Enforcement, Construction
Official, Middlesex Borough Police Department or Zoning Official.
G. Any active or inactive construction site.
The governing body shall cause notice to be given to the owner
of any property site, building, or structure, or part thereof, to
be secured, removed or demolished under the provisions of this chapter.
Security may include but not limited to, fencing, security cameras
or other Borough approved devices.
A. Such notice for items as described in §Â
363-2A through
E shall be given only upon inspection report by the Building Inspector, Construction Official and/or Fire Chief that the premises affected have been found to be dangerous according to the provisions of this chapter. Such notice for items as described in §Â
363-2F shall be given only upon report by the Director of Code Enforcement or Zoning Official that the site affected has been found to be dangerous according to the provisions of this chapter. Such notice for items as described in §Â
363-2G shall be given upon permit application to the Construction Office. All construction sites for new construction shall require six-inch chain-link fencing with a locked gate surrounding the entire work site. Fencing shall be in place prior to the commencement of any demolition or construction and must remain in effect until final inspection.
B. The notice for items as described in §Â
363-2A through
F shall identify the property affected and specify the manner in which the security, removal or demolition is to be accomplished and inform the said owner or agent that unless the structure, building, or part thereof is not so secured, removed or demolished within 30 days after the service of notice, the municipality will proceed with securing, removal or demolition and shall charge the costs thereof as a lien against the land and premises after making an assessment in the same manner as improvement assessments are made.
C. The notice shall also inform the said owner or agent of his right
to a hearing before the Business Administrator provided such hearing
is requested in writing within five days after service of said notice.
D. Notice shall be served upon an owner or agent in person, or by certified
mail to his last-known post office address, or upon the occupant of
the property affected or agent of the owner in charge thereof, and
if the owner or agent of the property is unknown, notice may be served
by publication in a newspaper circulating in the municipality not
less than 30 days before the proposed securing, removal or demolition.
E. Proof of service shall be filed within 10 days with the officer having
charge of the record of tax liens in the municipality.
Before a building can be demolished or removed, the owner or
agent shall notify all utilities having service connections within
the building such as water, electric, gas, sewer and other connections.
In the event the Borough is required to demolish because of the owner's
failure to do so, the Borough Construction Official shall give such
notice to the utilities. A permit to demolish or remove a building
shall not be issued until a release is obtained from the utilities,
stating that their respective service connections and appurtenant
equipment, such as meters and regulators, have been removed or sealed
and plugged in a safe manner.
Enforcement authority shall be vested in the Middlesex Borough
Director of Code Enforcement or his/her designee and its officials
and inspectors.
Violation of any of the terms of this chapter shall be punishable by a fine of not less than $500 nor greater than $2,000 per occurrence. Penalties are in addition to any liens imposed as outlined in §Â
363-3B.