A. 
The governing body of the City of Millville finds and declares that there are dangerous, damaged and unfit structures within the community that constitute a nuisance which may require abatement or removal by summary proceedings.
B. 
These nuisance properties may adversely affect the public health, safety and welfare in a variety of ways, including representing an attractive nuisance to children who can be injured or killed when playing in them; being a haven for criminal activities which increase crime in the neighborhood where these structures exist; adversely affecting the quality of life of the residents living in the neighborhood where they exist and undermining property values of other structures in the neighborhood; and representing a fire hazard.
C. 
It is the purpose and intent of this article to provide a means by which these structures can be identified and to provide for the timely demolition or rehabilitation of these structures where necessary through summary proceedings.
A. 
The public officer is authorized to exercise the powers prescribed by this article and N.J.S.A. 40:48-2.3 et seq.
B. 
The governing body of the City of Millville is authorized to designate any elected or appointed official of the City of Millville by resolution as the hearing officer to conduct hearings under this article.
A. 
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
BUILDING
Any building or structure, or part thereof, whether used for human habitation or otherwise, including any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
DAMAGED STRUCTURE
Any building or structure, or part thereof, which has been damaged to such an extent that nothing remains but the walls, or parts of the walls, and other supports, regardless of the safety and sturdiness of the remaining walls, or parts thereof.
DANGEROUS STRUCTURE
Any building or structure, or part thereof, which is dangerous to human life or the public welfare or which constitutes a fire hazard.
NUISANCE
As defined in § 11-11 of this chapter.
OWNER
The holder or holders of the title in fee simple.
OWNER'S REPRESENTATIVE
The individual registered with the City as the representative of the property owner. If the property owner is an LLC or a corporation, the registered agent, president or managing partner of same are also "representatives" of the owner upon whom service may be made.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building or are in actual possession thereof.
UNFIT STRUCTURE
Any building or structure, or part thereof, which is unfit for human habitation, occupancy or use due to the conditions set forth herein.
The public officer may determine that a building is unfit for human habitation, occupancy or use if he or she finds that conditions exist in the building which are dangerous or injurious to the health or safety of the occupants of the building, the occupants of neighboring buildings, or other residents of the City. Such conditions may include any of the following without limiting the generality of the foregoing.
A. 
Defects therein increasing the hazards of accident, fire or other calamities;
B. 
Dilapidation;
C. 
Disrepair or structural defects;
D. 
Lack of adequate light, sanitary facilities or ventilation;
E. 
Failure to comply with the Property Maintenance Code; or
F. 
Other defects or conditions dangerous to the health or safety of the occupants of the building, the occupants of neighboring buildings, or other residents of the City, including emergency conditions requiring immediate action.
A. 
Whenever the public officer shall determine that any building is a dangerous, damaged or unfit structure and is in need of summary action to protect the health, safety and welfare of the community, he or she shall file a report with the City Attorney which identifies the structure, its condition, the reasons for action, and the nature of the action proposed to be taken. Upon receipt of the report, the City Attorney shall prepare a complaint setting forth the location and condition of the building and the remedy sought and a notice of hearing setting forth the date, time and place of the hearing.
B. 
The complaint and notice of hearing shall be served upon the property owner or the owner's representative and all parties in interest. Service shall be made personally or by regular and certified mail, return receipt requested, by mailing the complaint and notice of hearing to their last known addresses. Service on either the property owner or the property owner's representative shall be sufficient service; service on both shall not be required.
C. 
If the whereabouts of both the property owner and the owner's representative are unknown and cannot be ascertained in the exercise of reasonable diligence, or if the whereabouts of a party in interest cannot be ascertained by the exercise of reasonable diligence, then service of the pleadings shall be made on such person as follows: 1) by publishing the complaint and notice of hearing once in the official newspaper of the City; 2) by posting the complaint and notice of hearing in a conspicuous place on the building affected by the complaint; and 3) by recording the complaint and notice of hearing in the Cumberland County Clerk's office.
A. 
The public officer shall testify at the hearing in connection with the complaint that was issued. The property owner and any party in interest shall have the right to appear at the hearing and testify, produce witnesses, and be represented by an attorney.
B. 
If after the hearing the hearing officer determines that the building in question is a dangerous, damaged or unfit structure, he or she shall enter an order, including any of the following:
(1) 
Requiring the immediate closing of an unfit structure;
(2) 
Requiring the repair of the structure within a reasonable time, which time shall be set forth in the order; or
(3) 
Requiring the demolition of the structure if it is not economically or otherwise feasible to repair the structure.
C. 
A copy of the order shall be served on the property owner and all parties in interest personally or by regular and certified mail, return receipt requested, by mailing it to their last known addresses.
D. 
If the whereabouts of both the property owner and the property owner's representative are unknown and cannot be ascertained in the exercise of reasonable diligence, or if any party in interest is unknown and cannot be ascertained in the exercise of reasonable diligence, then service of the order shall be made on such person as follows: 1) by publishing the order once in the official newspaper of the City; 2) by posting the order in a conspicuous place on the building affected by the order; and 3) by recording the order in the Cumberland County Clerk's office.
E. 
A copy of the complaint and notice of hearing or order shall be filed with and duly recorded in the Cumberland County Clerk's Office, which shall have the same force and effect as a notice of lis pendens.
A. 
Imminent danger. Whenever the public officer determines that there is imminent danger to life or property due to the potential for collapse or failure of a structure or other health or safety conditions representing an immediate hazard to the life or health of the occupants or to the health and safety of the public, the public officer is authorized and empowered to order and require the occupants to vacate the premises immediately. The public officer shall cause to be posted at each entrance to such structure a notice which reads as follows: "This structure is unsafe and its occupancy has been prohibited by the City of Millville." It shall be unlawful for any person to enter the structure except for the purpose of inspecting the structure, securing the structure, making the required repairs, removing the hazardous condition or demolishing the structure.
B. 
Emergency repairs. Whenever the public officer makes emergency repairs, the public officer shall employ the necessary labor and materials to perform the required work and stabilize the property as expeditiously as possible. Costs incurred in the performance of emergency work shall be paid by the municipality, and shall be recoverable from the property owner in accordance with the provisions set forth in § 11-6.
A. 
In the event that the property owner and all parties in interest fail to comply with the order of the hearing officer, the public officer may proceed without further notice to enforce the provisions of the order by such means as is necessary to carry out the purpose and intent of the order, including but not limited to the closing of the structure, the repair of the structure, or the demolition of the structure at the expense of the City.
B. 
The cost of closing, repairing or demolishing and removing the structure as well as the cost of legal services, expert witness fees, search fees and advertising expenses incurred in the course of any proceeding shall constitute a municipal lien against the real property or against any other asset of the owner as provided in N.J.S.A. 55:19-100. Any revenues realized by the City in the course of action, such as sale of building materials obtained in the course of demolition, shall constitute a credit against any such lien or judgment.
C. 
The public officer shall prepare a detailed statement of the costs incurred, less any credits due, and file it with the City Clerk. Thereafter, the governing body of the City shall adopt a resolution certifying the total amount of the municipal lien. This resolution shall be filed with the Tax Assessor and the Tax Collector, and a copy of the resolution shall be mailed forthwith to the property owner by regular mail and certified mail, return receipt requested.
D. 
The owner or any party in interest may, within 30 days of the filing date of the municipal lien certificate, institute a summary proceeding in the Superior Court, Law Division, to contest the accuracy or reasonableness of the costs set forth in the municipal lien certificate.
In the event a property subject to the provisions of this article is transferred by the property owner to another owner subsequent to the filing of a complaint and notice of hearing, the transferee shall be deemed to have assumed full responsibility for compliance with the pending matter, shall be bound to the terms of the original order for compliance and shall assume full liability for any failure to comply with any order issued under the provisions of this article. The transferor's failure to notify the transferee of the existence of any notice of violation and order for compliance issued pursuant to this chapter prior to the transfer shall not excuse transferee from complying with all of the terms and provisions of this chapter, including, without limitation, the obligation to comply with an order and to assume liability for any failure to comply with an order issued prior to such transfer.
Nothing in this article shall be interpreted to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor is anything in this article intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code Act or any rules or regulations adopted thereunder.