[HISTORY: Adopted by the Mayor and Council of the Town of Clinton
12-14-1971 as Section 11-4 of Ch. XI of the Revised General Ordinances, 1971.
Amendments noted where applicable.]
A.
The Building Subcode Official of the Town 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.
[Amended 3-26-1985 by Ord.
No. 85-4]
B.
The agency of the Town which is authorized to administer
this chapter is the Mayor and Council, and the words "administrative authority"
as used in this chapter shall mean the Mayor and Council of the Town of Clinton.
[Amended 3-26-1985 by Ord.
No. 85-4]
For the purpose of this chapter, the Building Subcode Official may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist therein 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 Town of Clinton. 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.
[Amended 3-26-1985 by Ord.
No. 85-4]
Whenever a petition is filed with the Building Subcode Official by a public authority as defined in N.J.S.A. 40:48-2.4 or by at least five residents of the Town, charging that any dwelling is unfit for human habitation as defined in Chapter 84, Housing Standards, or whenever it appears to the Building Subcode Official on his own motion that any dwelling is unfit for human habitation, 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 shall be held before the Building Subcode Official at a place therein fixed not less than seven days nor more than 30 days after the serving of the 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 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 Subcode Official.
A.
If after notice and hearing, as provided above, the Building Subcode Official determines that the dwelling under consideration is unfit for human habitation, as defined in Chapter 84, Housing Standards, 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 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 to have the building vacated and closed within the time set forth in the order.
[Amended 3-26-1985 by Ord.
No. 85-4]
B.
If the building is in such 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 building within the time specified in
the order, the owner shall remove or demolish the building within a reasonable
time as specified in the 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 Subcode Official may cause such building to be repaired,
altered or improved, or to be vacated and closed; and the Building Subcode
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."
[Amended 3-26-1985 by Ord.
No. 85-4]
D.
If the owner fails to comply with an order to remove
or demolish the building, the Building Subcode 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.
[Amended 3-26-1985 by Ord.
No. 85-4]
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
Town, and the cost of repairs, alterations or improvements, or vacating and
dosing, 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.
F.
If the building is removed or demolished by the Building
Subcode Official, he shall sell the materials of such building. There shall
be credited against the cost of 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 or other custodian of the records of tax liens and a copy thereof
shall be forthwith forwarded to the owner by certified mail. If the total
of the credits exceeds such costs, the balance remaining shall be deposited
in the Superior Court by the Building Subcode Official, 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, provided that nothing in
this section shall be construed to impair or limit in any way the power of
the Town 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
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 of the accuracy of the costs set forth in the municipal lien certificate.
[Amended 3-26-1985 by Ord.
No. 85-4]
[Amended 3-26-1985 by Ord.
No. 85-4]
Complaints or orders issued by the Building Subcode Official pursuant
to this chapter shall be served upon persons either personally or by certified
mail, but if the whereabouts of such persons is unknown and cannot be ascertained
by the Building Subcode Official in the exercise of reasonable diligence,
and the Building Subcode Official makes an affidavit to that effect, then
the serving of the complaint or order upon such persons may be made by publishing
it once in a newspaper having circulation in the Town. A copy of the complaint
or order shall be posted in a conspicuous place on the premises affected by
the complaint or order, and copy shall be recorded or lodged for record with
the Hunterdon County recording officer.
[Amended 3-26-1985 by Ord.
No. 85-4]
The Building Subcode Official is 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 dwelling conditions in the Town in
order to determine which dwellings 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 examination,
provided that 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 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.
No person shall occupy as owner or occupant or rent to another for occupancy
any dwelling or dwelling unit for the purpose of living therein which does
not conform to the provisions of the New Jersey State Housing Code[1] established hereby as the standard to be used in determining whether
a dwelling is safe, sanitary and fit for human habitation.
[Amended 3-26-1985 by Ord.
No. 85-4; 11-22-2005 by Ord. No. 05-14]
The owner of any building located within the limits of the Town who desires to demolish it shall first obtain a permit for that purpose from the Construction Official and pay a fee as provided for in Chapter 73, Fees, for each building or structure to be demolished. The fee shall be paid prior to the issuance of any such permit. A permit shall be required, but no fee payable, for demolishing any structure less than 150 square feet in area.
