[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 9-8-1971 as Ord. No. 13-0-71. Amendments
noted where applicable.]
The Building Inspector of the Borough of Wanaque
be and he is hereby designated as the officer to exercise the powers
prescribed by this chapter, and he shall serve in such capacity without
any additional salary.
For the purposes of this chapter, the Building
Official may determine that a dwelling is unit for human habitation
if he finds that conditions exist in such dwelling which are dangerous
or injurious to the health or safety of the occupants of such dwelling,
the occupants of neighboring dwellings or other residents of the Borough
of Wanaque. 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 or uncleanliness.
Pursuant to the provisions of Chapter 21, P.L.
1946 (N.J.S.A. 40:49-5.1), the "New Jersey State Housing Code," as
approved by the Departments of Health and Conservation and Economic
Development and filed in the Secretary of State's office, is hereby
accepted, adopted and established as a standard to be used as a guide
in determining the fitness of a building for human habitation or occupancy
or use. A copy of the New Jersey State Housing Code is annexed to
this chapter, and three copies of the same have been placed on file
in the office of the Wanaque Borough Clerk and are available to all
persons desiring to use and examine the same.
Whenever a petition is filed with the Building
Official by a public authority as defined in N.J.S.A. 40:48-2.4.,
or by at least five residents of the municipality, charging that any
dwelling is unfit for human habitation as herein defined, or whenever
it appears to the Building Official (on his own motion) that any dwelling
is unfit for human habitation as herein defined, he 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 dwelling a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the Building
Official (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 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 to give testimony at the time and place 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 Building Official.
A.
If, after such notice and hearing, the Building Official
determines that the dwelling under consideration is unfit for human
habitation as herein defined, 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
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 to have 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, alter or improve the said building
within the time specified in the order, the owner shall 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 Building Official may cause such building to be
repaired, altered or improved, or to be vacated and closed. The Building
Official 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 Building Official 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. If such
building has been used as a dwelling, said Building Official may have
vermin within the building exterminated before removal or demolition.
E.
The amount of 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 chapter determined
in favor of the municipality, and the cost of such repairs, alterations,
exterminations 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. If the building is removed or demolished
by the Building Official, 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 exceeds the
total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Board of Tax Assessors
or other custodian of the 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 exceed such costs, the balance remaining shall
be deposited in the Superior Court by the Building Official, shall
be secured in such manner as may be directed by such court and shall
be disbursed according to the order of 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 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 accuracy of the costs set forth in the municipal lien certificate.
Complaints or orders issued by the Building
Official 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 said Building Official
in the exercise of reasonable diligence, and the said Building Official
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 Wanaque. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order, and a copy of such complaint or order shall be duly recorded
or lodged for record with the county recording officer of the county
in which the dwelling is located.
The Building Official is hereby authorized and
empowered 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 in addition to other 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 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.
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 power of the borough or any officer or department
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 upon the borough by any other law or ordinance.
