[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 23.
Housing Authority — See Ch. 26.
Brush, weeds and trees — See Ch. 58.
Removal of buildings — See Ch. 61.
Unfit buildings — See Ch. 62.
Uniform construction codes — See Ch. 64.
Fire prevention — See Ch. 75.
Littering — See Ch. 86.
Property maintenance — See Ch. 101.
[Adopted 8-9-1977 by Ord.
No. 12-77[1]]
[1]
Editor's Note: This ordinance supersedes former Art. I, Housing Standards
Adoption, adopted 8-12-1975 by Ord. No. 11-75.
The Public Health Coordinator of the County of Camden be and he is hereby
designated as the officer to exercise the powers prescribed by this article,
and he shall serve in such capacity without any additional salary.
For the purpose of this article, the Public Health Coordinator may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in such dwelling which are dangerous or injurious to the health or safety
of the occupants of such dwelling, the occupants of neighboring dwellings
or 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.
Pursuant to the provisions of c. 21, P.L. 1946 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, as approved by the Departments of Health
and Conservation and Economic Development and filed in the Secretary of State's
office, is hereby accepted, adopted and established as a standard to be used
as a guide in determining the fitness of a building for human habitation or
occupancy or use. A copy of the New Jersey State Housing Code is annexed to
this article, and three copies of same have been placed on file in the office
of the Oaklyn Borough Clerk and are available to all persons desiring to use
and examine the same.
Whenever a petition is filed with the Public Health Coordinator by a
public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the municipality charging that any dwelling is unfit for human habitation,
as herein defined, or whenever it appears to the Public Health Coordinator
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 Public Health
Coordinator, 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 Public Health Coordinator.
If, after such notice and hearing, the Public Health Coordinator determines
that the dwelling under consideration is unfit for human habitation, as herein
defined, 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 parties in interest an order requiring:
A.
The repair, alteration or improvement of 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.
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, that the owner remove or demolish said building within
a reasonable time as specified in 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 Public Health Coordinator may cause such building to be repaired, altered
or improved or to be vacated and closed; that the Public Health Coordinator
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 Public Health Coordinator 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 article determined in favor of the
municipality and the 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 Public Health Coordinator, 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
of 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 Municipal 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 exceed such costs, the balance remaining
shall be deposited in the Superior Court by the Public Health Coordinator,
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 municipality 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.
Complaints or orders issued by the Public Health Coordinator pursuant
to this article, shall be served upon persons either personally or by registered
mail, but if the whereabouts of such persons is unknown and same cannot be
ascertained by said Public Health Coordinator in the exercise of reasonable
diligence and said Public Health Coordinator shall make an affidavit to that
effect, then the serving of such complaint or order upon such persons may
be made by publishing same once each week for two successive weeks in a newspaper
printed and published in the Borough of Oaklyn. 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 Public Health Coordinator 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 article, 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, 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 officer, agents
and employees as he deems necessary to carry out the purposes of this article.
E.
To delegate any of his functions and powers under this
article to such officers and agents as he may designate.
Nothing in this article 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 its ordinances or regulations nor to prevent or punish violations
thereof, and the powers conferred by this article shall be in addition and
supplemental to the powers conferred upon the Borough by any other law or
ordinance.[1]
