As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING
Any building or structure or part thereof, whether used for human
habitation or otherwise, and includes any appurtenances belonging to or usually
enjoyed therewith.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
RESIDENTIAL DWELLING
Any building which is wholly or partly used or intended to be used
for living or sleeping quarters by human occupants.
A building shall be deemed unfit for human habitation if 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. 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; uncleanliness;
failure to comply with the requirements of the building code or the certificate
of occupancy.
The enforcement official shall have the authority to exercise all powers
authorized in N.J.S.A. 40:48-2.3 et seq. and all powers necessary or convenient
to carry out and effectuate the purposes and provisions of that Act.
Any person affected by any order issued by the enforcement official
shall be given an opportunity to be heard by the Borough Council, provided
that a written request for a hearing is made to the Borough Clerk, and shall
specify in detail the reasons why the person affected believes the order of
the enforcement official was not justified. The Borough Council may affirm,
modify or revoke the order.
Whenever the enforcement official finds that an emergency exists which
requires immediate action to protect the public health or safety, the official
may, without notice of 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 the other provisions of this chapter,
such order shall be effective immediately but, upon petition to the Borough
Council, the owner shall be afforded a hearing as soon as possible. After
such hearing, depending upon his findings as to whether the provisions of
this chapter and of the rules and regulations adopted pursuant thereto have
been complied with, the Borough Council shall continue such order in effect
or modify it.