[HISTORY: Adopted by the Borough of Rutherford Council 3-19-1957
by Ord. No. 1717. Amendments noted where applicable.]
The terms and provisions of c. 112, P. L. 1942, being an act entitled
"An Act Authorizing Municipalities to Adopt Ordinances Relating to the Repair,
Closing and Demolition of Buildings Unfit for Human Habitation or Occupancy
or Use; and Providing for the Remedies and Procedure in Connection with Action
Taken Under Such Ordinances," as amended by c. 197, P.L. 1956, are hereby
made applicable to buildings within the Borough of Rutherford which are unfit
for human habitation or occupancy or use.[1]
[1]
Editor's Note: For current provisions, see N.J.S.A. 40:48-2.3 et seq.
The Building Inspector of the Borough of Rutherford is hereby designated
and appointed as the public officer to exercise the powers prescribed by this
chapter.
Whenever a petition is filed with the aforementioned Building Inspector
by a public authority, as defined in the aforesaid statute, or by at least
five residents of the Borough of Rutherford, charging that any building, as
defined in the aforesaid statute is unfit for human habitation or occupancy
or use or whenever it appears to the said Building Inspector (on his own motion)
that any such building is unfit for human habitation or occupancy or use,
the said Building Inspector 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, as defined in the aforesaid statute, in such building,
a complaint stating the charges in that respect and containing a notice that
a hearing will be held before the said Building Inspector (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; that the said owners 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; that the rules of evidence prevailing in the courts shall not
be controlling in hearings before the said Building Inspector.
If, after such notice and hearing, the said Building Inspector 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 said owner thereof
and parties in interest an order:
A.
Requiring the repair, alteration or improvement of 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.
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, then the owner shall be required to remove or demolish
the said building within a reasonable time as specified in the said order
or 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 said
Building Inspector may cause such building to be repaired, altered or improved,
or to be vacated and closed, and the Building Inspector may cause to be posted,
at 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 Building Inspector may cause such building to be removed or
demolished.
The amount of such cost of such repairs, alterations or improvements,
vacating or closing, or removal or demolition shall be a municipal lien against
the real property upon which such cost was incurred. 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 of
the detailed statement shall be forthwith forwarded to the owner by registered
mail. If the building is removed or demolished by the Building Inspector,
he shall sell the materials of such building and shall credit the proceeds
of such sale against the cost of removal or demolition, and any balance remaining
shall be deposited in the Superior Court by the Building Inspector, 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 Borough of Rutherford 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 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.
The said Building Inspector may determine that a building is unfit for
human habitation or occupancy or use if he finds 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 of Rutherford; 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;
and uncleanliness.
Complaints or orders issued by the Building Inspector pursuant to this
chapter 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 Building Inspector in the exercise of reasonable diligence, and the
Building Inspector shall make an affidavit to that effect, then the serving
of such complaint or order 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 of Rutherford or, in the absence of such newspaper, in one
printed and published in the county and circulated in the Borough of Rutherford
in which the buildings are located. A copy of such complaint or order shall
be posted in a conspicuous place on premises affected by the complaint or
order. A copy of such complaint shall be duly recorded or lodged for record
with the county recording officer of the county in which the building is located.
The Building Inspector 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 Borough
of Rutherford 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 entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.
With the approval of the Mayor and Council, 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.
With the approval of the Mayor and Council, to delegate
any of his functions and powers under this chapter to such officers and agents
as he may designate.
Nothing contained in this chapter shall be construed to impair in any
way the power of the Borough of Rutherford to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or otherwise,
or to repeal, modify or amend any ordinance of the Borough of Rutherford in
relation thereto. The powers conferred by this chapter shall be in addition
and supplemental to the powers conferred by any other ordinance of the Borough
of Rutherford or any law of the State of New Jersey.[1]
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
This chapter shall take effect after publication in the manner provided
by law.
