Borough of Oaklyn, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn 5-13-1980 by Ord. No. 6-80. Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 26.
Unfit buildings — See Ch. 62.
Uniform construction codes — See Ch. 64.
Fire control measures — See Ch. 74A.
Fire prevention — See Ch.75.
Housing standards — See Ch. 83.
Property maintenance — See Ch. 101.
Any building, wall or structure which is or may become dangerous to life or health or which may tend to extend a conflagration shall be removed or destroyed, and the cost thereof shall be assessed as a municipal lien against said premises.
The Building Subcode Official of the Borough of Oaklyn shall be the officer whose duty it shall be to file a written complaint with the Mayor and Council of said borough concerning any building, wall or structure in said Borough which is or may become dangerous to life or health or which might tend to extend a conflagration.
Before any proceeding is taken pursuant to the provisions hereof and pursuant to the complaint of the Building Subcode Official, the Mayor and Borough Council shall, by resolution, cause notice of the contemplated removal or destruction of any such building, wall or structure to be given to the owner or owners of any land affected thereby. Such notice shall contain a description of the property affected, sufficiently definite in terms to identify the same, as well as a description of the manner in which such removal or destruction is to be carried out, and a notice that unless such building, wall or structure is removed or destroyed within 30 days after the service of such notice, the Mayor and Borough Council will proceed with such removal or destruction or cause the same to be proceeded with. Such notice may be served upon the owner or owners resident in the Borough of Oaklyn in person or by leaving the same at his usual place of residence with a member of his family above the age of 14 years. In case any such owner shall not reside in the Borough of Oaklyn, notice may be served upon him or her personally or by mail to his or her last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. In case the owner of any such property is unknown or service cannot be made for any reason as above directed, notice thereof shall be published at least once, not less than 30 days before the proposed removal or destruction, in a newspaper circulating in the Borough of Oaklyn. There may be inserted in said advertisement notice to the owner or owners of several different parcels of land. Notice to infant owners or owners of unsound mind shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one of such owners shall be sufficient and shall be deemed and taken as notice to all. Proof of service of such notice shall be filed within 10 days thereafter with the officer having charge of the record of tax liens in the Borough, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
When any such removal or destruction shall have been undertaken and completed by the Borough of Oaklyn, an accurate account of the cost and expense thereof shall be kept by the officer of the Borough in charge of such removal or destruction and filed with the Borough Clerk. The Mayor and Borough Council shall examine the same and, if the same is properly made, shall confirm it and file such report with the Borough Assessor, who shall assess the costs thereof as a municipal lien against said premises.
The Building Subcode Official is hereby designated as the officer charged with the supervision of the removal or destruction of any building, wall or structure which is or may become dangerous to life or health or which might tend to extend a conflagration.
An owner or owners or occupant or other person having any lien or claim upon the premises on which is situate any such building, wall or structure, desiring to contest the right of the city to remove or destroy any such building, wall or structure because he or she contends it is not dangerous to life or health or might not tend to extend a conflagration, may file a written protest against such contemplated removal or destruction with the Borough Clerk before the time has expired in the notice as hereinabove provided, setting forth his or her objection and his or her post office address, in which case the Borough Clerk shall present the matter to the Mayor and Borough Council and to the Building Subcode Official of said Borough. The Mayor and Borough Council shall thereafter, on not less than 10 days' written notice, mailed by the Borough Clerk to such person's or persons' post office address designated in said written objection, fix a time and place for the hearing of said objection. After such hearing, the Mayor and Borough Council shall either pass a resolution not to proceed with the destruction or removal of any such building, wall or structure which is or may become dangerous to life or health or which might tend to extend a conflagration. If the resolution is to proceed with the destruction or removal, the Building Subcode Official shall, upon the expiration of the time prescribed in the original notice hereinabove provided, proceed forthwith with the removal or destruction of the same.