[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 7-12-1989 by Ord. No. 89-08R (Ch. 46 of the 1971 Code); amended in its entirety 8-11-2009 by Ord. No. 09-07R. Subsequent amendments noted where applicable.]
A. 
It is hereby found and declared that the existence or occupation of any building or buildings, or parts thereof, in the Borough of Fanwood ("Borough") which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use are inimical to the welfare, and dangerous and injurious to the health and safety, of the residents of the Borough and that a public necessity exists for the repair, closing or demolition of such building or buildings or part thereof. It is hereby found that there may exist in the Borough a building or buildings which are unfit for human habitation, occupancy or use 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 or buildings, or part thereof, unsafe or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Borough.
B. 
It is further found and declared that the existence of abandoned properties which are located in close proximity to occupied residences and businesses may create a wide range of problems including criminal activity, public health problems, and diminish the property values of neighboring properties and negatively impact the quality of life of adjacent property owners.
C. 
It is further found that the Borough has the power, pursuant to N.J.S.A. 40:48-2.3 et seq., to exercise its police powers to repair, close or demolish, or cause or require the repairing, closing or demolition, of such unfit and/or abandoned buildings, or part thereof, in the manner herein provided.
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 Borough may exercise its police powers to repair, demolish or cause the repairing or demolishing of the building or buildings or parts thereof pursuant to N.J.S.A. 40:48-2.3 et seq., and the procedure set forth herein.
The following, whenever used or referred to in this chapter, unless a different meaning clearly appears from the context, shall mean:
ABANDONED PROPERTY
Any property that has not been legally occupied for six months, and which also meets any one of the following criteria:
A. 
The property is in need of rehabilitation, and no rehabilitation has taken place for six months;
B. 
Construction was initiated and discontinued prior to completion, and no construction has taken place for six months;
C. 
The property is in property tax arrears by at least one installment; or
D. 
The property is determined to be a nuisance by the Public Officer.
BUILDING or DWELLING
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.
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 officer who is in charge of any department or branch of the government of the Borough relating to health, fire, building regulations or to other activities concerning buildings in the Borough.
PUBLIC OFFICER
The Zoning Official or such other officer, board or body that is or are appointed by the Mayor with the consent of the Council to exercise the powers described herein.
For the purpose of this chapter, the Public Officer may determine that a building or dwelling is unsafe or unfit for human habitation or use if the Public Officer finds that conditions exist in such building or dwelling which are dangerous or injurious to the health or safety of the occupants of such building or dwelling, the occupants of neighboring buildings or dwellings or other residents of the Borough; such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.
The Public Officer is hereby authorized and empowered 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 others herein granted:
A. 
To investigate the building or dwelling conditions in the Borough in order to determine which buildings or dwellings therein are abandoned, unfit for human habitation, occupancy or use, and therefore constitute nuisances.
B. 
To administer oaths, affirmations, examine witnesses and receive evidence.
C. 
To enter upon premises for the purpose of making examination, 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 the Public Officer deems necessary to carry out the purposes of this chapter, subject to the approval of the Mayor and Council.
E. 
To delegate any of the Public Officer's functions and powers under this chapter to such officers and agents as he/she may designate.
F. 
To exercise the authority granted to the Borough pursuant to § 13 of P.L. 2003, c. 210,[1] to designate qualified rehabilitation entities to act as the designee of the Borough with respect to the provisions of that section.
[1]
Editor's Note: See N.J.S.A. 55:19-90.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Pursuant to N.J.S.A. 40:49-5.1 et seq., the New Jersey State Housing Code approved by the Department of Community Affairs (N.J.A.C. 5:28-1.1), the State Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.) and the State Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.), and any rules or regulations adopted thereunder, are hereby accepted, adopted and established as standards to be used as guides in determining the fitness of a building for human habitation, occupancy or use. These codes are made a part of this chapter, and three copies thereof have been placed on file in the office of the Borough Clerk and will remain on file there for the use and examination of the public.
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 or dwelling is unfit for human habitation, occupancy or use, or whenever it appears to the Public Officer on his/her own motion that any building or dwelling is unfit for human habitation, occupancy or use or that any building or dwelling is dangerous or unsafe, 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 or dwelling a complaint stating the charges in that respect and containing a notice that hearing will be held before the Public Officer, or designated agent, at a place therein fixed not less than seven days nor more than 30 days after the service of said 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 place and time fixed in the complaint; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer.
A. 
If, after such notice and hearing, the Public Officer determines that the building or dwelling under consideration is unfit for human habitation, occupancy or use, or is dangerous or unsafe, the Public Officer 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 requiring the repair, alteration or improvement of said building or dwelling 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 said building or dwelling 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 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 may be required to remove or demolish said building or dwelling within a reasonable time as specified in said order of removal.
C. 
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 or dwelling, 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 or dwelling so closed, a placard with the following words: "This building or dwelling is unfit for human habitation, occupancy or use; the use or occupation of this building or dwelling is prohibited and unlawful."
D. 
If the owner fails to comply with an order to remove or demolish the building or dwelling, the Public Officer may cause such building or dwelling to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
E. 
If the owner fails to comply with an order to repair, alter or improve, the Public Officer may appoint a custodian of such building or dwelling on behalf of the Borough, who may be either an official of the Borough or any other person specially designated to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of the Borough Code and state laws applicable thereto; compensation of the custodian, which shall be part of the expenses provided for below, shall be at a rate to be established by resolution of the Mayor and Council but in no event more than $100 per day.
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, providing for the Public Officer to bring an action in the Superior Court to be appointed receiver ex officio, of the 2001 Code, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter determined in favor of the Borough and the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolitions, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or dwelling or from any contract for removal or demolition thereof, including the clearance and, if necessary, leveling of the site shall be a municipal lien against the real property upon which such costs were incurred. If the building or dwelling is removed or demolished by order of the Public Officer, he/she shall sell the materials of such building or dwelling. 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 Borough Tax Assessor and the Borough Tax Collector, and a copy thereof shall be forthwith forwarded to the owner by registered or certified mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer and shall be disbursed according to the order of 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 the filing of the lien certificate, proceed in 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe or abandoned building or dwelling, the Public Officer may, after taking such measures as may be necessary to make such building or dwelling temporarily safe, seek a judgment in summary proceedings for the demolition thereof. Nothing herein 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, N.J.S.A. 52:27D-119 et seq., the State Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., or any rules or regulations adopted thereunder.
Any building or buildings, or parts thereof, which have come into a state of disrepair through neglect, lack of maintenance or use, abandonment, fire, accident or other calamities, or through any other act rendering the building or buildings, or parts thereof, in a state of disrepair, to the extent that the building is unfit for human habitation or occupancy or use, shall be deemed inimical to the welfare of the residents of the Borough, and the Construction Official may exercise his/her powers to repair, demolish, or cause the repairing or demolition of the building or buildings, or parts thereof.
[1]
Editor's Note: See Ch. 134, Buildings, Demolition of.
Complaints or orders issued by the Public Officer pursuant to this chapter shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are 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 upon such persons may be made by publishing the same once in a newspaper printed and published in the County of Union and circulating in the Borough. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order, and a copy shall be recorded or lodged for record with the Register of Union County.
The Public Officer shall establish and maintain a list of abandoned properties located in the Borough, to be known as the "Abandoned Property List." The Public Officer may delete properties at any time when the Public Officer finds that the property no longer meets the definition of "abandoned property." Abandoned property shall not be included on the list if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of rehabilitation work authorized by those permits. A determination that property should be placed on said list shall also designate the property as a nuisance.
The Public Officer, within 10 days of the establishment of the Abandoned Property List, or any additions thereto, shall send a notice, by certified mail, return receipt requested, and by regular mail to the owner of record of every property included on the list, and shall cause the list to be published in one of the official newspapers of the Borough. Said publication shall constitute public notice. The published and mailed notices shall identify property determined to be abandoned, and therefore a nuisance, setting forth the owner of record, if known, the tax lot and block number and street address. The Public Officer, in consultation with the Borough Tax Collector, shall also send notice by regular mail to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill pursuant to N.J.S.A. 54:4-64. When the owner of record is not known for a particular property and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed, but instead shall be posted on the property in the manner provided in N.J.S.A. 40:48-2.7. The mailed notice shall indicate the factual basis for the Public Officer's finding that the property is abandoned, specifying the information relied upon in making such finding. A copy of the mailed or posted notice shall also be filed by the Public Officer in the office of the Union County Clerk. This filing shall have the same force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6. The notice shall be indexed by the name of the property owner as defendant and the name of the Borough as plaintiff, as though an action had been commenced by the Borough against the owner.
The Public Officer shall provide a report to the Mayor and Council every six months, with respect to the number and location of properties on the Abandoned Property List, the status of those properties and any actions taken by the Borough or by any qualified rehabilitation entity designated pursuant to the authority granted to the Public Officer with respect to any property on the Abandoned Property List or any other abandoned property within the Borough.
An owner or lienholder may challenge the inclusion of the owner's property on the Abandoned Property List by appealing the determination to the Public Officer within 30 days of the owner's receipt of the certified notice or 40 days from the date upon which the notice was sent. An owner whose identity was not known to the Public Officer shall have 40 days from the date upon which notice was published or posted, whichever is later, to challenge the inclusion of a property on the Abandoned Property List. The Public Officer shall schedule a hearing for determination of the appeal within 30 days after the receipt of the appeal. Any property included on the list shall be presumed to be abandoned unless the owner submits an affidavit or certification setting forth the reasons that the property is not abandoned. The affidavit or certification shall include supporting documentation, including but not limited to photographs, repair invoices, bills and construction contracts. The Public Officer shall make a decision on a timely filed appeal within 10 days after the hearing on the appeal, and shall promptly notify the property owner of the decision by certified mail, return receipt requested, and by regular mail.
Any person aggrieved by an order issued by 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. The Court may proceed in the action in summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant thereto or because of noncompliance by any person with any order of the Public Officer.
The property owner may challenge an adverse determination of an appeal by instituting a summary proceeding, in accordance with the New Jersey Court Rules of Civil Procedure, in the Superior Court, Law Division, Union County, which action shall be tried de novo. Such action must be instituted within 20 days after the date of the notice of decision mailed by the Public Officer. The failure to institute an appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the Court may extend the deadline for instituting the action.
A. 
The Public Officer shall promptly remove any property from the Abandoned Property List that has been determined not to be abandoned on appeal.
B. 
If a property, which an entity other than the Borough has purchased or taken assignment from the Borough of a tax sale certificate, is placed on the Abandoned Property List, the property shall be removed from the list if the owner of the certificate pays all municipal taxes and liens due on the property within 30 days after the property is placed on the list; provided, however, that if the owner of the certificate fails to initiate a foreclosure proceeding within six months after the property was first placed on the list, the property shall be restored to the Abandoned Property List.
Any interested party may submit, in writing, a request to the Public Officer that a property be included on the Abandoned Property List, specifying the street address and block and lot number of the grounds for its inclusion. The Public Officer shall provide a written response to the interested party within 30 days after receipt of such request, indicating whether or not the property will be included on the list.
A. 
If a property is on the Abandoned Property List and either no appeal is taken or the appeal is denied, a summary action, including such rights as set forth in N.J.S.A. 55:19-85 and 55:19-86, may be filed by the Borough in the Superior Court, Union County, to transfer possession and control of property in need of rehabilitation to the Borough. If the Court determines that the property is abandoned pursuant to N.J.S.A. 55:19-81 and the owner or party in interest has failed to submit and initiate a rehabilitation plan in accordance with N.J.S.A. 55:19-78 et seq., then the Borough may take possession and control of the property and develop a rehabilitation plan in accordance with the direction of the Court.
B. 
If the Borough is granted possession and control, it may commence and maintain further proceedings to conserve, protect or dispense the property or any part thereof which are required to rehabilitate the property, necessary to recoup the cost and expenses of rehabilitation and for the sale of the property; subject to the Court entering an order to the contrary if the owner applies for reinstatement of control of the property and it is granted.
C. 
Prima facie evidence of the owner's failure to take action shall be as set forth in N.J.S.A. 55:19-84.
D. 
If the Borough is successful in its summary action, a mortgage holder or lienholder may seek to be designated in possession of the property in accordance with N.J.S.A. 55:19-88 and 55:19-89.
E. 
If the Borough obtains control or possession of the property, the Borough or its designee may proceed in accordance with N.J.S.A. 55:19-90.
F. 
The Borough may exercise any and all rights set forth in N.J.S.A. 55:19-78 et seq.
G. 
If the owner of the property fails to petition for reinstatement of control and possession within 30 days after the filing of a notice of completion, or within two years after initial granting of possession and control, or if the owner fails to meet any conditions set out by the Court, the Court may grant the Borough title to the property or the right to sell the property, subject to N.J.S.A. 55:19-96 and 55:19-97.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended 3-1-2011 by Ord. No. 11-05R]
A. 
As it relates to abandoned property, the Public Officer, with the approval of the Court, may place a lien on the abandoned property to cover any costs incurred by the Borough in connection with a proceeding, pursuant to N.J.S.A. 55:19-78 et seq.
B. 
As it relates to unfit buildings, the Borough may, by resolution, move to abate a nuisance, correct a defect, or put property determined to be unfit, all pursuant to this chapter, in proper condition so as to comply with the requirements of this Chapter 137 at the cost of the owner or lessor of said property, and expend Borough funds for such purpose and charge the same against the property, and the amount thereof as determined by the Mayor and Council shall be a lien against said property and collectable as provided by New Jersey law.
The Mayor and Council shall prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the buildings or dwellings in the Borough for the purpose of determining the fitness of such buildings or dwellings for human habitation, occupancy or use, and the enforcement and administration of this chapter, and shall authorize such appropriation from its revenues as it may deem necessary for this purpose and may accept and apply grants or donations to assist it in carrying out the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or any department of the Borough to enforce any provisions of its charter, ordinances, Code 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 law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to the penalty provisions of § 1-2, General penalty. Each violation of any of the provisions of this chapter and each day the same shall continue to be violated shall constitute a separate, distinct offense.