[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 8-17-1964
by Ord. No. 3-1964 (Ch. 25 of the 1975 Code). Amendments
noted where applicable.]
[Amended 8-18-1975 by Ord. No. 9-1975]
The Public Health Coordinator of the county is hereby designated the
"public officer" pursuant to the Revised Statutes of New Jersey, 40:48-2.4(b),
who shall exercise the powers hereafter prescribed.
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the municipality, 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, if his preliminary
investigation discloses a basis for such charges, issue and cause to be served
upon the owner or any 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 seven 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 place and time fixed in the complaint, and that
the rules of evidence prevailing in the courts shall not be controlling in
hearings before the public officer.
If, after such notice and hearing, 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:
A.
Requiring 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 have the said building vacated and closed within the time set forth in
the order; and
B.
Providing 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, then the owner shall be required to
remove or demolish the said building within a reasonable time as specified
in the said order of removal.
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
officer may cause such building to be repaired, altered or improved, or to
be vacated and closed. The public officer 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."
If the owner fails to comply with an order to remove or demolish the
building, the public officer 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.
A.
The amount of the cost of 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
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.
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
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 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
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 30 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.[1]
It is hereby provided that the public officer may determine that a building
is unfit for human habitation or occupancy or use if he finds that one or
more of the following conditions exists:
The public officer is hereby authorized 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 powers in addition to others herein
granted:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided that such entry 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.
Nothing in this chapter shall be construed to abrogate or impair the
powers of the courts or of any department of this municipality 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 chapter shall
be in addition and supplemental to the powers conferred by any other law.
