[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 4-25-1962. §§ 63-1 and 63-10
amended 9-8-1971 by Ord. No. 13-0-1971 (See Ch. 1, General Provisions).
Other amendments noted where applicable.]
The Borough of Wanaque, having determined that
dwellings and buildings which are unsafe and unfit for human habitation
exist within said borough, in order to promote the health, safety
and welfare of the residents of said borough, desires to exercise
the powers set forth in R.S. 40:48-23 et seq., in reference to the
same.
The Building Inspector of the Borough of Wanaque
be and he is hereby designated as the public officer to exercise the
powers prescribed by this chapter. He shall cooperate with the Chief
of the Fire Department, the Health Officer, the Heating and Electrical
Inspector and the Borough Engineer in the exercise of said powers.
A.
Whenever a petition is filed with the public officer
by a public authority or by at least five residents of the Borough
of Wanaque, 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 10 days nor more than
30 days after the serving of said complaint. 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 the rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
B.
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:
(1)
Requiring the repair, alteration or improvements of
the said building to be made by the owner, within a reasonable time,
which 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.
(2)
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.
C.
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."
D.
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.
E.
The amount of such costs of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition
shall be a municipal lien against the real property upon which such
costs were incurred. The detailed statement of the aforesaid costs
shall be filed with the municipal Tax Assessor or other custodian
of the records of tax liens, and a copy of the said detailed statement
shall be forthwith forwarded to the owner by registered mail. If the
building is removed or demolished by the public officer, he shall
sell the materials of such building and shall credit the proceeds
of such sale against the cost of the removal or demolition, and any
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 the Court; provided, however, that nothing in
this section shall be construed to impair or limit in any way the
power of the Borough of Wanaque 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.
A.
The said public officer may determine that a building
is unfit for human habitation if he finds that conditions exist in
such dwellings or buildings which are dangerous, injurious to the
health or safety of the occupants of such dwelling or building or
the occupants of neighboring dwellings or other residents of the Borough
of Wanaque; 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.
B.
It shall be unlawful for any person to have, keep
or maintain a dwelling that is unfit for human habitation or which
is dangerous or injurious to the health or safety of the occupants
of said dwelling or the occupants of neighboring dwellings or other
residents or people of the Borough of Wanaque as specified in this
section.
Any complaint or complaints, order or orders
issued by the said public officer pursuant to the provisions of this
chapter shall be served upon persons either personally or by registered
mail, but if the whereabouts of such persons are 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 each week for two successive
weeks in a newspaper printed in the County of Passaic and circulating
in the Borough of Wanaque. 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 Passaic.
The said 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 the other powers herein granted:
A.
To investigate the dwelling conditions in the Borough
of Wanaque in order to determine which dwellings therein are unfit
for human habitation.
B.
To administer oaths and 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.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter. The officer, agent and employee to whom the powers and functions of the public officer have been delegated is hereby authorized to exercise the powers contained in § 63-6, Subsections A, B and C.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
Any repair, alteration, improvement, removal
or demolition, as above provided, may be performed by the municipality
through its proper officials or employees, or the municipality may
contract with any person to render such service on behalf of the municipality,
under the control and direction and pursuant to specifications showing
in detail the service to be rendered and to rules and regulations
adopted by the governing body for the same, and upon ample security
for proper performance being given to the municipality. The procedure
to be followed in adopting any such contract shall be in accordance
with R.S. 40:48-5. The municipality may recover the cost thereof from
the said owner by action at law, which action shall be in addition
to any other remedy provided for by this chapter, and shall not make
void any lien upon real estate provided for by this chapter nor prevent
the imposition of any penalty imposed for the violation of this chapter
or any ordinance of this municipality.
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of the Borough of
Wanaque to enforce any provisions of its charter or other statute,
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 ordinance of
the Borough of Wanaque.
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purposes of this chapter, unless a different meaning clearly appears
from the context:
Any building or structure or part thereof used and occupied
for human habitation or intended to be so used, including any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
The Mayor and Council of the Borough of Wanaque.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a dwelling or building, and any who are in possession
thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Wanaque,
County of Passaic and State of New Jersey, relating to health, fire,
building regulations or to other activities concerning dwellings in
the Borough of Wanaque.
The officer or officers who are authorized by this chapter
to exercise the powers prescribed by this chapter.
Any person violating any of the provisions of
this chapter declared to be unlawful shall, upon conviction in the
Municipal Court of Wanaque, be punished for each offense by a fine
not to exceed $500 or imprisonment for any term not exceeding 90 days
in the county jail, or in any place provided by the municipality for
the detention of prisoners, or both. The Judge or Magistrate before
whom any person is convicted of violating this chapter shall have
power to impose any fine or term of imprisonment not exceeding the
maximum fixed in this section. In default of the payment of any fine
imposed hereunder, any person convicted of any violation may, in the
discretion of the Judge or Magistrate by whom he was convicted, be
imprisoned in the county jail or place of detention provided by the
municipality for any term not exceeding 90 days.
