[Adopted 12-16-1996 by Ord. No. 1172]
No owner or party in interest of any building
which is, or may become, dangerous to human life, safety or health
or dangerous to adjacent property, or which would be likely to extend
a conflagration, shall permit the same to remain in the borough.
The Building Inspector is hereby designated
as the public officer to exercise the powers prescribed by this Article.
Whenever a petition is filed with the Building
Inspector by a public authority or by at least five (5) 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, 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 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 (7) days nor more
than thirty (30) days after the serving of such 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 courts of law or equity 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.Â
Requiring the repair, alteration or improvement of
the 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 building vacated and closed within the times
set forth in the order; and
B.Â
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 building within
the time specified in the order, then the owner shall be required
to remove or demolish the building within a reasonable time as specified
in the 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;
and 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.Â
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 act determined in favor of the borough
shall be a lien against the real property upon which such cost is
incurred.
B.Â
The cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amount of the balance 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 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 Borough Tax Assessor or other custodian
of the records of tax liens, and a copy thereof shall be 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 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 that nothing
in this subsection 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 thirty (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.
C.Â
If an actual and immediate danger to life is posed
by the threatened collapse of any fire-damaged or other structurally
unsafe building, the public officer may, after taking such measures
as may be necessary to make such building temporarily safe, seek a
judgment in summary court proceedings for the demolition thereof.
D.Â
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, nor is anything in this act intended to limit the authority
of the enforcing agency or construction official under the State Uniform
Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.)
or any rules or regulations adopted thereunder.
The public officer may determine that a building
is unfit for human habitation or occupancy or use if he finds that
conditions exist in such building which are dangerous or injurious
to the health or safety of the occupants of such building, the occupants
of neighboring buildings or other residents of the borough; without
limiting the generality of the foregoing, such conditions may include
the following: defects therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary
facilities; dilapidation; disrepair; structural defects; uncleanliness.
It shall be unlawful for any person to have,
keep or maintain a building that is unfit for human habitation, occupancy
or use or which is dangerous or injurious to the health or safety
of the occupants of such buildings or the occupants of neighboring
buildings or other residents or people of or in the borough, as specified
in this Article.
Any complaint or complaints, order or orders
issued by the public officer pursuant to the provisions of this Article
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 the public officer in the exercise of reasonable
diligence, the public officer shall make an affidavit to that effect,
and then the serving of such complaint or order upon such persons
may be made by publishing the same once in a newspaper circulated
in the borough. A copy of such complaint or order shall be posted
in a conspicuous place on the premises affected by the complaint or
order. A copy of such complaint or order shall be duly recorded or
lodged for record with the Clerk of the County of Bergen.
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 Article, including the following
powers, in addition to the other powers herein granted:
A.Â
To investigate the building conditions in the borough
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.Â
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.Â
To enter upon premises whenever it appears to the
public officer that such premises are unfit for human habitation or
occupancy or use, for the purpose of making examinations; provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.Â
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this
Article.
E.Â
To delegate any of his functions and powers under
this Article to such officers and agents as he may designate.
Any person aggrieved by an order issued by a
public officer under this Article may, within thirty (30) days after
the posting and service of such order, appeal to the Mayor and Council
for a review of the public officer's decision or bring an action for
injunctive relief to restrain the public officer from carrying out
the provisions of the order and for any other appropriate relief.
The court may proceed in the action in a summary manner or otherwise.
The remedy herein provided shall be exclusive, and no person affected
by an order of the public officer shall be entitled to recover any
damages for action taken pursuant thereto, or because of noncompliance
by any person with any order of the public officer.
Anything in this Article to the contrary notwithstanding, any order proposed to be issued by the public officer under § 330-8 shall be submitted to the Mayor and Council of the borough at a regular or special meeting thereof and the Mayor and Council may by resolution approve of such proposed order or may by resolution disapprove of such proposed order, in which latter event the public officer may not proceed to issue the proposed order; provided further that if no action is taken by the Mayor and Council at such meeting, the public officer may proceed to issue the order as provided herein.
Process and procedure for the administration
of this Article shall be governed by N.J.S.A. 40:48-2.3 through 40:48-2.12
and any amendments that may be made thereto.
For a violation of any provision of this Article,
the maximum penalty, upon conviction thereof, shall be a fine not
exceeding one thousand dollars ($1,000.), or imprisonment for up to
ninety (90) days, or a period of community service not exceeding ninety
(90) days, or any combination thereof.
