[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 4-9-1979. Amendments noted where applicable.]
[Amended 3-19-1981 by Ord. No. 4-81; 4-25-1983; 11-9-1992 by Ord. No. 14-92]
The Chairman of the Board of Health of the Borough of Hampton and the Municipal Violations Officer be and are hereby designated as the "public officer," who shall exercise the powers set forth in this chapter, except that for the purpose of holding the hearing pursuant to § 107-2, said Board of Health en banc shall be the public officer.
Whenever a petition is filed with the public
officer by a public authority or by at least five residents of the
Borough of Hampton 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 seven days nor more
than 30 days after the service 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 give testimony
at the place and time fixed in the complaint; and that the rules of
evidence prevailing in the courts shall not be controlling in hearings
before the public officer.
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:
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 said building vacated and closed within the time
set forth in the order; and
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 said building within
the time specified in the order, then the owner shall be required
to remove or demolish said building within a reasonable time as specified
in said order of removal.
A.
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; and 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."
B.
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 or may contract for the removal or demolition
thereof after advertisement for and receipt of bids therefor.
C.
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 such cost of such repairs, alterations
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
public officer, he shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, 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 costs exceeds the total
of such credits, a detailed statement of the aforesaid costs and the
amount so due shall be filed with the Municipal Tax Assessor, Tax
Collector or other custodian of 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 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
such Court. Any owner or party in interest may, within 30 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.
If an actual and immediate danger to life is
posed by the threatened collapse of any fire-damaged or other structurally
unsafe building, the public officer may, after taking such measures
as may be necessary to make such building temporarily safe, seek a
judgment in summary proceedings for the demolition thereof.
Nothing in this chapter shall be construed to
impair or limit in any way the power of the Borough of Hampton to
define and declare nuisances and to cause their removal or abatement,
by summary proceedings or otherwise, nor is anything in this chapter
intended to limit the authority of the enforcing agency or Construction
Official under the State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted
thereunder.
The public officer may determine that a building
is unfit for human habitation or occupancy or use if he finds that
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 Hampton.
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 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 the same 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 in a newspaper printed
and published in the municipality or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
municipality 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 or order shall
be duly recorded or lodged for record with the county recording officer
of the County of Hunterdon.
Any person aggrieved by an order issued by the
public officer under this chapter may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the public officer from carrying out the provisions of the
order and for any other appropriate relief. The Court may proceed
in the action in a summary manner or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action
taken pursuant thereto or because of noncompliance by any person with
any order of the public officer.
The public officer shall have the right to exercise
such power 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 Hampton 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.
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.
[Added 11-9-1992 by Ord.
No. 14-92[1]]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punishable
by a fine not exceeding $2,000, imprisonment for a period not exceeding
90 days and/or a period of community service not exceeding 90 days.
