[Amended 5-14-1979 by Ord. No. 79-4; 11-12-1985 by Ord. No. 85-17]
The Construction Code Official and the Zoning Officer are hereby designated as the public officers to exercise the powers prescribed by this chapter. They may designate such other public officials or employees of the Borough of Park Ridge to perform such of their functions and powers under this chapter as they reasonably deem necessary for enforcement thereof, including the making of inspections and conduct of hearings.
All premises within the Borough covered by this code shall be subject to inspection from time to time by the Public Officer to determine the condition thereof in order that he may perform his duties of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the Public Officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access at all reasonable times to that portion of the premises occupied by or in the possession of such person for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this code or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this code.
[Amended 5-14-1979 by Ord. No. 79-4]
A. 
For the purposes of this chapter, the Public Officer may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the safety of persons occupying or using the same or neighboring buildings or other residents of the Borough. Such conditions may include the following without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident or other calamities; structural defects; or failure to comply with the standards established by Article IV of this chapter.
B. 
Conditions such as the lack of adequate ventilation, light or sanitation facilities, uncleanliness or any other conditions of a health nature shall be immediately referred to the Board of Health to be investigated under Chapter 70 of the Borough Code.
Whenever a petition is filed with the Public Officer 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 building is unfit for human habitation or occupancy or use, or whenever it appears to the Public Officer, on his own motion, that any building is unfit for human habitation or occupancy or use, the Public Officer shall, after a preliminary investigation discloses a basis for such charges, 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 and containing a notice that a hearing will be held before the Public Officer (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, and 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 place and time fixed in the complaint, and that the rules of evidence prevailing in the courts of the State of New Jersey shall not be controlling in hearings before the Public Officer.
If, after the notice and hearing provided for in § 80-24, the Public Officer 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 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; and
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 the said building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in the said order of removal.
If the owner fails to comply with an order requiring him to repair, alter or improve, or, at his option, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved or to be vacated and closed, and 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."
A. 
The amount of:
(1) 
The cost of legal and engineering fees, expert witness' fees, searches and advertising charges incurred in the course of any proceedings taken under this code and determined in favor of the Borough; and
(2) 
The cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, undertaken pursuant to §§ 80-26 and 80-27 hereof, or the amount of the balance thereof remaining after deduction of the sum 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.
B. 
If the building is removed or demolished by the Public Officer, 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 (herein called the "municipal lien certificate") of the aforesaid costs and the amount so due shall be filed by the Public Officer with the Municipal Tax Assessor of the Borough and a copy thereof shall be forthwith forwarded by the Public Officer to the owner by registered or certified mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited with the Clerk of the Superior Court by the Public Officer, 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 contained in this code shall be construed to limit or impair 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 of the filing of the municipal 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.
A. 
Application for certificate. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this code without having a right of access to the premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the Public Officer, setting forth the facts and applying for a certificate of necessity, the Public Officer shall serve written notice of a hearing on said application upon the applicant for such certificate and upon the owner or person empowered to grant such access. Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by New Jersey Statutes Annotated 40:48-2.7, except that the Public Officer shall not be required to record or lodge a copy of such notice with the county recording officer of the County of Bergen. At least 10 days' notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Public Officer in the exercise of reasonable diligence, at least 30 days' notice thereof shall be given, calculated from the date of the first newspaper publication thereof.
B. 
Hearing. On the day fixed for hearing, the Public Officer shall provide opportunity for the owner or person empowered to grant such access to state why such access should not be granted.
C. 
Issuance of certificate; contents. If the Public Officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this code, then the Public Officer shall grant a certificate of necessity, granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the Public Officer deems proper, that a bond be procured at the expense of the person seeking such access, to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set for the bond shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the Public Officer.
D. 
Refusal to comply with certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this code, and, in addition to the penalties provided hereunder, the Public Officer may, upon affidavit setting forth the facts, apply to the Judge of the Borough for a warrant authorizing access, and if the Judge is satisfied as to the matters set forth in said affidavit, he shall authorize the issuance of a warrant permitting access.
Whenever the Public Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided.
A. 
Such notice shall:
(1) 
Be in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Be served upon the owner or occupant of the premises or the agent of either of them, provided that such notice shall be deemed to be properly served if a copy thereof is served upon such person personally or sent by certified or registered mail to his last known address or posted in a conspicuous place in or about the premises affected by the notice.
B. 
Such notice shall also state that unless within 10 days from service of this notice a written request is made for a hearing before the Public Officer, said notice shall, at the expiration of such ten-day period, be deemed an order to cease and desist from and to abate the described violation, and such notice shall prescribe a reasonable time within which such persons shall be required to cease and desist from and abate such violation.
C. 
The notice may also contain an outline of remedial action which, if taken, will effect compliance with the provisions of this code.
If a hearing is requested pursuant to § 80-30 hereof, it shall be commenced not later than 10 days after request therefor is made, provided that for good cause, the Public Officer may postpone such hearing for a reasonable time. If, after hearing, the Public Officer finds that no violation exists, he shall withdraw the notice. If he finds that a violation does exist, he shall enter and issue an order requiring the abatement of same within a prescribed reasonable time. The proceedings at such hearings, including the findings and decisions of the Public Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Public Officer.
Whenever the Public Officer finds that an emergency exists which requires immediate attention to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other provisions of this code, such orders shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Public Officer, shall be afforded a hearing as soon as possible. After such hearing, the Public Officer shall continue such order in effect, or modify or withdraw it.
Notwithstanding the provisions of § 80-30 hereof, the Public Officer may, at his election, prosecute violations of any section of this code involving public health or public safety, without notice, by the filing of a complaint with the Clerk of the Municipal Court of the Borough of Park Ridge.
A. 
Complaints, orders and certificates of necessity issued by the Public Officer pursuant to this code shall be served and recorded or lodged for record in the manner prescribed by New Jersey Statutes Annotated 40:48-2.7.
B. 
At any hearing held by the Public Officer pursuant to the provisions of this code, the Public Officer shall be vested with all the powers provided by law to issue subpoenas, to compel the attendance of witnesses and parties in interest and to require the production of books, records and other documents which may be pertinent to matters to be determined by the Public Officer.
C. 
The Public Officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purposes and provisions of this code, including but not limited to the following, in addition to others herein granted:
(1) 
To administer oaths, affirmations, examine witnesses and receive evidence.
(2) 
To make and adopt such written rules and regulations as he may deem necessary and the Borough Council approves by resolution, for the proper enforcement of the provisions of this code; provided, however, that such rules and regulations shall not be in conflict with the provisions of this code nor in any way alter, amend, add to or supersede any of the provisions hereof. The Public Officer shall file a certified copy of all such rules and regulations in his office and in the office of the Borough Clerk.
The Public Officer shall, in the month of December of each year, review with the Fire Chief, Health Officer, Borough Engineer and Borough Council the procedure and operation of this code, and report to the Borough Council on or before January 1:
A. 
Any recommended amendments, additions or modifications of the provisions of this code consonant with the field experience of the personnel charged with enforcement.
B. 
A summary of the enforcement experience, indicating number of violations abated, number of cases processed in the Municipal Court, number of inspections made and such other and pertinent information as will provide the Borough Council with an annual account of the maintenance of the standards required by this code.
C. 
Any further recommendations as to how this code and procedures and operations thereunder may be improved.
[Added 10-8-2024 by Ord. No. 2024-022]
A. 
The Borough, by resolution of the governing body and after obtaining consent from the owner or a search warrant from the proper court, may abate a nuisance, correct a defect, or put the premises in proper condition so as to comply with the requirements of the Borough Code or state law applicable thereto, at the cost of the owner or lessor, and expend Borough funds for such purpose.
B. 
Any funds expended by the Borough to abate the nuisance, correct a defect, or put the premises in proper condition may be charged against the owner or lessor of the property.
C. 
The Borough, by resolution of the governing body, shall determine what amount of the funds expended by the Borough in order to abate the condition, correct the defect, or put the premises in proper condition shall be included as a lien against the premises, and authorize the Borough's Tax Office to effectuate the same.
D. 
Any lien against the premises shall be collectible by the Borough pursuant to the applicable state laws.