[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn
4-3-1967 by Ord. No. 2-67. Amendments noted where applicable.]
The Building Inspector of the Borough of Oaklyn be and he is hereby
designated as the officer to exercise the powers prescribed by this chapter,
and he shall serve in such capacity without any additional salary.
For the purpose of this chapter, the Building Inspector may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in or on such dwelling which are dangerous or injurious to the health
or safety of the occupants of such dwelling, to neighboring dwellings or structures
or the occupants thereof or to other residents of the Borough of Oaklyn. 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 or uncleanliness. The word "dwelling" as used
in this chapter shall mean any building, structure or part thereof located
in the Borough of Oaklyn.
Whenever a petition is filed with the Building Inspector by a public
authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the Borough of Oaklyn charging that any dwelling is unfit for human habitation
as herein defined or whenever it appears to the Building Inspector, on his
own motion, that any dwelling is unfit for human habitation as herein defined,
he shall, if his preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner of and parties in interest in
such dwelling a complaint stating the charges in that respect and containing
a notice that a hearing will be held before the Building Inspector or his
designated agent at a place therein fixed not less than 10 days nor more than
30 days after the serving 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 time and place fixed
in the complaints; and that the rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the Building Inspector.
The Building Inspector is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units and
premises located within the Borough of Oaklyn in order that he may perform
his duty of safeguarding the health and safety of the occupants of dwellings
and of the general public. For the purpose of making such inspections, the
Building Inspector is hereby authorized to enter, examine and survey at all
reasonable times all dwellings, dwelling units, rooming units and premises.
The owner or occupant of every dwelling, dwelling unit or rooming unit or
the person in charge thereof shall give the Building Inspector free access
to such dwelling, dwelling unit or rooming unit and its premises at all reasonable
times for the purpose of such inspection, examination and survey. Every occupant
of a dwelling or dwelling unit shall give the owner thereof or his agent or
employee access to any part of such dwelling or dwelling unit or its premises
at all reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this chapter
or with any lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this chapter.
If after such notice and hearing the Building Inspector determines that
the dwelling under consideration is unfit for human habitation as herein defined,
he shall serve, in writing, his findings of fact upon the owner thereof and
parties in interest an order requiring:
A.
The repair, alteration or improvement of the said building
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 to have said
building vacated and closed within the time set forth in the order.
B.
That, 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 the said building within the time
specified in the order, the owner shall remove or demolish the said building
within a reasonable time as specified in the said order of removal.
C.
That, 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 Building Inspector may cause such building to be repaired, altered or
improved or to be vacated and closed; that the Building Inspector may 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."
D.
That, if the owner fails to comply with an order to remove
or demolish the building, the Building Inspector may cause such building to
be removed or demolished or may contract for the removal or demolition thereof
after advertisement for and receipt of bids therefor.
E.
That 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 such cost of such repairs, alterations or improvements, or vacating
and closing or removal or demolition, 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 from any contract for removal or
demolition thereof shall be a municipal lien against the real property upon
which such cost was incurred. If the building is removed or demolished by
the Building Inspector, he shall sell the materials of such building. 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 or other custodian of the records of tax liens, and
a copy thereof shall be forthwith forwarded to the owner by registered mail.
If the total of the credits exceeds such costs, the balance remaining shall
be deposited in the Superior Court by the Building Inspector, shall be secured
in such manner as may be directed by such Court and shall be disbursed according
to the order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of such Court; provided, however, that
nothing in this section 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. Any owner or party in interest
may, within 60 days from the date of the filing of the lien certificate, proceed
in a 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 9-13-1977 by Ord.
No. 13-77]
Any person who shall remove, deface, mutilate or destroy any notice,
certificate, placard or other official order, judgment or writing posted on
any of said premises in accordance with this chapter shall, upon conviction
thereof, be subject to a fine not to exceed $500 or imprisonment not to exceed
90 days, or both.
A.
Complaints or orders issued by the Building Inspector
pursuant to 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 said Building Inspector in the
exercise of reasonable diligence, and the said Building Inspector 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 a week for two successive
weeks in a newspaper which complies with the requirements of state and local
laws for the publishing of legal advertising for the Borough of Oaklyn.
B.
A copy of such complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order, and
a copy of such complaint or order shall be duly recorded or lodged for record
with the county recording officer of the county in which the dwelling is located.
The Building Inspector 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 in addition
to others herein granted:
A.
To investigate the dwelling conditions in the Borough
of Oaklyn in order to determine which dwellings therein are unfit for human
habitation.
B.
To administer oaths and affirmations, and to examine
witnesses and receive evidence.
C.
To enter upon premises for the purpose of making an 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 he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
A.
Nothing in this chapter shall be construed to abrogate
or impair the power of the Borough or any officer or department to enforce
any provisions of its charter or of its ordinances 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 upon the Borough by
any other law or ordinance.
B.
By the adopting of this chapter, the Borough Council
of the Borough of Oaklyn does not invalidate in part or in whole any other
ordinance of the Borough of Oaklyn, and all other ordinances shall remain
in full force and effect.
