[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 6-21-1945 (Ch. 31 of the 1974 Code). Amendments
noted where applicable.]
It is hereby found and declared that the existence
and occupation of dwellings in the Borough of Prospect Park which
are unfit for human habitation are inimical to the welfare and dangerous
and injurious to the health and safety of the residents of the Borough
of Prospect Park, and a public necessity exists for the repair, closing
or demolition of such dwellings.
Whenever the proper officials of the Borough
of Prospect Park, designated herein, find that there exists in the
Borough of Prospect Park a dwelling or dwellings unfit for human habitation
due to dilapidation, defects increasing the hazards of fire, accident
or other calamities, lack of ventilation, light or sanitary facilities,
or due to other conditions rendering such dwellings unsafe or unsanitary
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Borough of Prospect Park, the
officials designated shall exercise the power vested under this chapter
and under the law of the State of New Jersey to repair, close or demolish
said dwelling or dwellings in the manner set forth in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
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 Prospect Park.
The holder of the title in fee simple.
All individuals, associations or corporations who have interests
of record in a dwelling, and any who are in possession thereof.
The officer or officers authorized under this chapter to
exercise the powers set forth in this chapter.
A.
The Chairman of the Building Committee of the Council
is hereby designated and appointed to exercise the powers set forth
in this chapter. In the event that the Chairman of the Building Committee
is unable to act, then any member of said Committee may act in his
place and stead. The Mayor and Council of the Borough of Prospect
Park may from time to time, by resolution, designate any other person
or persons to act in the place of the Chairman of the Building Committee.
B.
Whenever a petition is filed with said Public Officer
by the Building Inspector, Health Inspector or any other officer in
charge of any department of the municipality relating to health, fire,
building regulations or activities concerning dwellings in the Borough
of Prospect Park, or by at least five residents of the Borough, charging
that any dwelling or dwellings in the Borough of Prospect Park is
unfit for human habitation, the Public Officer shall, if a preliminary
investigation discloses a basis for such charge or charges, issue
and cause to be served upon the owner of and the parties in interest
in such dwelling or dwellings a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
said Public Officer or his designated agent at a place set forth in
said notice and at a time that shall not be 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 time and place fixed in the complaint. The Public Officer shall
not be bound by the rules of evidence prevailing in courts of law
or equity.
C.
After notice and hearing, if said Public Officer determines
that the dwelling or dwellings under consideration are unfit for human
habitation, 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 and parties in interest an order requiring the owner within
a certain time to so repair, alter or improve said dwelling as to
render it fit for human habitation or, at the option of the owner,
to vacate and close the dwelling as a human habitation. If the repair,
alteration or improvement cannot be made at a reasonable cost in relation
to the value of the dwelling, the said order may require the owner
within the time specified in the order to remove or demolish said
building. For the purpose of determining what may be reasonable for
such purpose, the percentage is fixed at 50% of the value of the dwelling.
D.
If the owner shall fail to comply with the order to
repair, alter or improve or, at the option of the owner, to vacate
and close the dwelling, the Public Officer may cause said dwelling
to be repaired, altered or improved so as to make it fit for human
habitation or to be vacated and closed, and the said Public Officer
may cause to be posted on the main entrance of the dwelling so closed
a placard with the following words: "This building is unfit for human
habitation; the use or occupation of this building for human habitation
is prohibited and unlawful."
E.
If the owner fails to comply with an order to remove
or demolish the dwelling, the Public Officer may cause such dwelling
to be removed or demolished.
F.
The amount of the cost of repairs, alterations or
improvements, or vacating and closing, or removal or demolition, shall
be a municipal lien against the real property upon which such cost
was incurred. If the dwelling is removed or demolished, the Public
Officer shall sell the materials of such dwelling 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 Court of Chancery,
subject to the order of said Court.
The Public Officer may determine that a dwelling
is unfit for human habitation if he finds that conditions exist in
such dwelling which are dangerous or injurious to the health or safety
of occupants of such dwellings, the occupants of neighboring dwellings
or other residents of such municipality, and such conditions may include
but shall not be limited to 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; failure to have included in said
dwelling running water or inside toilet facilities.
A complaint or order issued by the Public Officer
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 cannot be ascertained by the Public Officer in the exercise of
reasonable diligence and the Public Officer 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 circulated in the municipality. A
copy of such complaint or order shall be posted in a conspicuous place
on the premises affected, and a copy shall be recorded or lodged for
record with the Register of the County of Passaic.
The Public Officer or other official designated
under this chapter may exercise such powers as may be necessary or
convenient to carry out and effectuate the purposes and provisions
of this chapter, including but not limited to the following powers
in addition to the others herein granted:
A.
To investigate the dwelling conditions in the municipality
in order to determine which dwellings therein are unfit for human
habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided such entry is 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 purpose of this
chapter.
E.
To delegate any of his functions and powers under
the chapter to such officers and agents as he may designate.
