[Adopted 5-26-1975 as Sec. 11-3
of the 1975 Code]
For the purpose of this article, the Building
Inspector may determine that a dwelling is unfit for human habitation
if (s)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.
Such conditions may include, 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.
Whenever a petition is filed with the Borough
Clerk by a public authority, as defined in N.J.S.A. 40:48-2.4, or
by at least five residents of the Borough charging that any dwelling
is unfit for human habitation as herein defined, or whenever it appears
to the Building Inspector on his/her own motion that any dwelling
is unfit for human habitation, as herein defined, (s)he 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 dwelling a complaint stating the charges in that respect and
containing a notice as provided by this article.
Whenever the Building Inspector determines that
there has been a violation or that there are reasonable grounds to
believe that there has been a violation of any provision of this article
or of any rule or regulation adopted pursuant thereto, (s)he shall
serve notice by complaint of such violation or alleged violation upon
the person or persons responsible therefor.
A.
Such notice shall be in writing and shall contain
a notice that a hearing will be held at a place therein fixed not
less than 10 days nor more than 30 days after the serving of the complaint.
B.
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.
C.
The rules of evidence prevailing in courts of law
shall not be controlling in hearings before the Building Inspector
or his/her designated agent.
A.
Complaints made by the Building Inspector pursuant
to this article shall be served upon the owner and parties in interest,
or the operator or the occupant, or any persons, as the case may require,
either personally or by leaving a copy thereof at their usual place
of abode; by registered or certified mail, return receipt requested,
to their last known address; or by any other method authorized or
required under the laws of this state.
B.
If the whereabouts of such persons is unknown and
the same cannot be ascertained by the Building Inspector, the serving
of such complaint upon such persons may be made by publishing the
same once each week for two successive weeks in a newspaper printed
and published in the Borough. A copy of such complaint shall be posted
in a conspicuous place on the premises affected by the complaint,
and a copy of such complaint shall be posted in the office of the
Borough Clerk.
A.
At any hearing held in accordance with this article,
the owner, tenant or occupant shall be given an opportunity to be
heard and to show cause why such complaint should be modified or withdrawn.
B.
The Building Inspector shall have the power to administer
oaths and affirmations in connection with the conductance of any such
hearing.
After hearing, the Building Inspector shall
make such order as is pertinent, depending upon his/her findings.
A copy of the proceedings at such hearing, including the findings
and decision of the Building Inspector, shall be filed in the office
of the Borough Clerk.
If after such complaint and hearing the Building
Inspector determines that the dwelling under consideration is unfit
for human habitation, as herein defined, (s)he shall state in writing
his/her findings of fact and serve upon the owner thereof and parties
in interest an order requiring the repair, alteration, improvement,
vacation or demolition of the building to be made within a reasonable
time, which time shall be set forth in the order.
A.
Upon failure of the owner or parties in interest to
comply with such order, the Building Inspector may cause such building
to be repaired, altered or improved, or to be vacated and closed or
demolished, and the Building Inspector may cause to be posted on the
entrance to the building 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.
If the owner or parties in interest fail to comply
with any 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 of and receipt
of bids therefor.
C.
The amount of the costs of filing legal papers, fees
for expert witnesses, search fees and advertising charges incurred
in the course of any proceeding taken under this section shall be
determined in favor of the municipality.
D.
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.
(1)
If the building is removed or demolished by the Building
Inspector, (s)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 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 exceeds such costs, the balance remaining shall
be deposited in the Superior Court by the Borough and shall be secured
in such manner as may be directed by the Court and shall be disbursed
according to the order or judgment of the Court to the person found
to be entitled thereto, by final order or judgment of such Court,
provided that nothing in this subsection 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.
(2)
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.
Whenever the Building Inspector finds that an
emergency exists which requires immediate action to protect the public
health or safety, (s)he may without notice or hearing issue an order
reciting the existence of such an emergency and requiring that such
action be taken as the Building Inspector deems necessary to meet
the emergency. Notwithstanding the other provisions of this article,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately, but upon petition
to the Building Inspector shall be afforded a hearing as soon as possible.
After such hearing, depending upon his/her findings as to whether
the provisions of this article and of the rules and regulations adopted
pursuant thereto have been complied with, the Building Inspector shall
continue such order in effect or modify or revoke it.
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 ordinances or regulations, or 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.
