[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 8-12-1986.
Amendments noted where applicable.]
GENERAL REFERENCES
Brush and hedges — See Ch.
112.
Certificate of habitability — See Ch.
127.
Uniform construction codes — See Ch.
140.
Fire prevention — See Ch.
157.
Housing standards — See Ch.
186.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING
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 housing authority or official who is in charge of any department
or branch of the government of the Borough, county or state relating to health,
fire, building regulations or to other activities concerning buildings in
the Borough.
It has been found and declared that there exist in the Borough buildings
which are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy or
use, and that the occupancy or use of such buildings for any purpose is inimical
to the health and safety of the people of the Borough, and that a public necessity
exists for the repair, closing or demolition of such building.
For the enforcement of provisions of this chapter, the Borough Construction
Official shall exercise all powers of the public officer conferred upon him
by N.J.S.A. 40:48-2.3 et seq.
Whenever it appears that there exists in the Borough any building which
is unfit for human habitation or occupancy or use due to dilapidation, disrepair,
structural defect increasing the hazards of fire, accidents or other calamities,
lack of adequate ventilation, light or sanitary facilities, or due to other
conditions rendering such building unsafe or unsanitary and dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the residents,
upon the filing of a petition 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 if it shall appear to the Construction Official on his
own motion that any building is unfit for human habitation or occupancy or
use the Construction Official shall make a preliminary investigation or cause
such preliminary investigation to be made concerning the basis for such charges.
A. Buildings shall be considered unfit for human habitation or occupancy or use within the meaning of §
120-4 when one or more of the following conditions are found to exist:
(1) Condition of structure: The condition of the structure
is such as to make it unsafe or unsanitary through the presence of serious
safety hazards resulting from the need for major repairs to roof, walls, ceilings,
floors or stairs or through the presence of serious health hazards resulting
from continuous dampness of exposures brought about by neglect or dilapidation.
(2) Water supply: lack of potable running water within each
dwelling or lack of hot water facilities available to each dwelling.
(3) Sewerage system: no connection between plumbing fixtures
and adequate sewage disposal system.
(4) Toilet facilities: no flush toilet, fit for use, in each
building.
(5) Bath facilities: no bathtub or shower, fit for use, in
each dwelling.
(6) Kitchen facilities: lack of permanent, safe and reasonably
efficient kitchen facilities within each dwelling unit, including sink with
running water and provisions for a cooking stove.
(7) Lighting facilities: building inadequately wired for
electricity.
(8) Heating facilities: heating facilities inadequate or
unsafe.
(9) Light and ventilation: living room, bedroom or kitchen
with no windows, or with windows opening on an airshaft, or toilet or bathroom
without adequate ventilation.
B. The generality of the conditions rendering a building unfit for human habitation or occupancy or use, specified in §
120-4, shall not be deemed in anywise limited by the foregoing specifications of condition.
If a preliminary investigation shall disclose to the Construction Official
a basis for the charges filed, he shall 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. The complaint shall also contain a notice that
a hearing will be held before him at a place therein fixed not less than seven
days nor more than 30 days after the serving of said complaint.
The owner and parties in interest shall have the right to file an answer
to the complaint and to appear in person, by counsel, or otherwise, and give
testimony at the time and place fixed in the complaint.
The rules of evidence prevailing in the courts shall not be controlling
in hearings before the Construction Official.
The Construction Official may determine that a building is unfit for human habitation or occupancy or use if he 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 the Borough; such conditions may include, without limiting the generality of the foregoing, defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects, uncleanliness and the conditions set forth in §§
120-4 and
120-5.
When, after such notice and hearing, the Construction Official determines
that the building under consideration is unfit for human habitation or occupancy
or use, 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 the parties in interest, an order, as follows:
A. Requiring the repair, alteration or improvement of the
building to be made by the owner, within a reasonable time, which shall in
no event exceed 90 days from the order, which time shall be set forth in the
order, or, at the option of the owner, to vacate or have said building 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 shall be required to remove or demolish
said building within a reasonable time to be specified in the order.
A. Placarding. 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 Construction Official may cause such building to be
repaired, altered or improved, or to be vacated and closed. The Construction
Official shall 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."
B. Removal by Borough. If the owner fails to comply with
an order to remove or demolish the building, the Construction Official may
cause such building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement for, and after 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 chapter determined in favor of the Borough;
and such repairs, alterations or improvements, or vacating and closing, or
removal or demolition, when done by the Construction Official, shall be a
municipal lien against the real property upon which such cost was incurred.
B. If the building is removed or demolished by the Construction
Official, he shall sell the materials of such building and shall credit the
proceeds of such sale as against the cost of the removal or demolition thereof,
including the clearance, and, if necessary, leveling of the site. If the total
of the credits exceeds such costs, the balance remaining shall be deposited
in the Superior Court of New Jersey, Chancery Division, by the Construction
Official, shall be secured in such manner as may be directed by such court,
and shall be disbursed by such court to the persons found to be entitled thereto
by final order or decree of such court.
Complaints or orders issued by the Construction Official pursuant to
this chapter shall be served upon persons either personally or by registered
mail. If the whereabouts of such persons is unknown and the same cannot be
ascertained by such Official in the exercise of reasonable diligence, and
such Official shall make an affidavit to that effect, then the serving of
such complaint, notice or order upon such persons may be made by publishing
the same once in a newspaper printed and published in 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 County Clerk of Morris County.
In addition to the powers herein granted to the Construction Official,
he shall also have the following powers to:
A. Investigate the building conditions in the Borough in
order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B. Administer oaths, affirmations, examine witnesses and
receive evidence.
C. 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.
Any person aggrieved by an order issued by the Construction Official
may bring a court action pursuant to N.J.S.A. 40:48-2.8.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building, the Construction
Official 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.
The remedies herein provided shall be exclusive remedies and no person
affected by an order of the Construction Official shall be entitled to recover
any damages for action taken pursuant to any order of the Construction Official
or because of noncompliance by such person with any order of the Construction
Official.
A. Nothing in this chapter shall be construed to abrogate
or impair the powers of the courts, or of any department to enforce any provision
of its charter or its ordinances or regulations, nor to prohibit 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 or ordinance.
B. 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 act 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.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article
I of Chapter
1 of the Code of the Borough of Netcong.