The Building Inspector of said City is hereby designated as the public
officer to exercise the powers prescribed by this chapter.
For the purposes of this chapter, 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 or may become dangerous or injurious
to the health or safety of the occupants of such building, the occupants of
neighboring buildings or other residents of the City of Linwood. Such conditions
may include the following, without limiting the generality of the foregoing:
A. Defects therein increasing the hazards of fire, accident
or other calamities.
B. Lack of adequate ventilation, light or sanitary facilities.
C. Dilapidation, disrepair, structural defects or uncleanliness.
D. Conditions otherwise inimical to the welfare of the residents
of the City.
Whenever a petition is filed with the public officer 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 building is unfit for human habitation or occupancy or use
as herein defined, or whenever it appears to the public officer, on his own
motion, that any building is unfit for human habitation or occupancy or use,
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 building a complaint stating the charges in that
respect and containing a notice that:
A. 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 serving of said complaint.
B. 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 place and time fixed in the complaint.
C. The rules of evidence prevailing in courts of law or
equity shall not be controlling in the hearings.
Complaints or orders issued by the public officer pursuant to this chapter
shall be served upon the owner or owners resident in the City of Linwood,
in person or by leaving the same at his usual place of residence with a member
of his family above the age of 14 years. In case any such owner shall not
reside in the City of Linwood, notice may be served upon him or her personally
or by registered mail to his or her last known post office address or it may
be served upon the occupant of the property or upon the agent of the owner
in charge thereof. In case the whereabouts of such persons is unknown and
the same cannot be ascertained by said 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 the newspaper printed and published in the
County of Atlantic and circulated in the City. 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 Atlantic County.
Notice to infant owners or owners of unsound mind shall be served upon their
guardians. Where lands are held in trusts, service shall be made upon the
trustee. Where lands are held by two or more joint tenants, tenants in common
or tenants by the entirety, service upon one of such owners shall be sufficient
and shall be deemed taken as notice to all.
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 the 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 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 others
herein granted:
A. To investigate the conditions of buildings in the City
of Linwood in order to determine which buildings 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 examination,
provided that such entry 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 that 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 officer and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair the
power of the City or any officer or department to enforce any provisions of
its chapter or its ordinances or regulations, nor to prevent or punish violations
thereof, and powers conferred by this chapter shall be in addition and supplemental
to the powers conferred upon the City by any other law or ordinance.
In the event that any building or structure is removed or demolished
pursuant to this chapter because it is found to be dangerous to human life
or the public welfare or because it constitutes a fire hazard, the City Council,
in addition to assessing the cost of such removal or demolition as a municipal
lien against the premises, may force the payment of such assessment, together
with interest, as a debt of the owner of the premises and may also raise the
institution of an action at law for the collection thereof.