[1]
Editor’s Note: Former § 281-19, Determination of
buildings unfit for human habitation or occupancy, was repealed 6-5-2019
by Ord. No. 19-05.
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 as follows:
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 to have said building vacated and closed within the times
set forth in the order; or where there has been cessation of normal
construction of any structure for a period of more than two years,
to raze and remove such structure.
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.
Any person aggrieved by an order issued by a
public officer under this article 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.
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." 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 therefore.
The amount of the cost of the filing of legal
papers, expert witnesses' fees, search fees and advertising charges,
and any other costs 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 sate 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. The public officer
shall certify the cost thereof to the governing body which shall examine
the certificate and, if found correct, shall cause the cost as shown
thereon to be charged against said lands. The amount so charged shall
forthwith become a lien upon such lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as taxes, and
shall be collected and enforced by the same officers and in the same
manner as taxes. 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
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 registered mail. If the
total of the credits exceeds 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; provided, however, that nothing in this section shall
be construed to impair or limit in any way the power of the municipality
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 60 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.
Complaints or orders issued by a public officer
pursuant to this chapter shall be served upon persons, either personally
or by regular and certified 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
each week for two successive weeks 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.
The public officer shall exercise such powers
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 municipality
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, and
provided that any entrance without the permission of the occupant
shall be consistent with the laws and Constitution of the State of
New Jersey and of the United States.
D.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of the
ordinances.
E.
To delegate any of his functions and powers under
the ordinance to such officers and agents as he may designate.
The public officer may, subject to approval
by the governing body, by ordinances amending this chapter, adopt
written rules and regulations as he may deem necessary for the proper
enforcement of the provisions of this chapter; provided, however,
that such rules and regulations shall not be in conflict with the
provisions of this chapter nor in any way alter, amend or supersede
any of the provisions thereof. The public officer shall file a certified
copy of all rules and regulations which he may adopt in his office
to the Director Public Safety of the Borough of Runnemede. Such rules
and regulations shall be ineffective until adoption by the governing
body of the Borough of Runnemede by ordinance.
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 Runnemede.
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.
The governing body of the Borough of Runnemede
may, by resolution, abate a nuisance, correct a defect or put the
premises in a condition so as to comply with the requirements of any
municipal ordinance or state law applicable thereto, at the cost of
the owner or lessor, and expend municipal funds for such purpose and
charge the same against the premises, and the amount thereof, as determined
by the governing body of the municipality, shall be a lien against
the premises and collectible as provided in this chapter.
Whenever the public officer finds that an emergency
exists which requires immediate action to protect the public health
or safety, he may, without notice or hearing, issue an order requiring
that such action be taken as he determine necessary and apply the
statutes and other provisions of this chapter to meet the emergency;
and such order shall be effective immediately; and any person at whom
such order is directed should comply immediately, but, upon petition
to the public officer, shall be afforded a hearing as soon as possible.
The provisions of this chapter to charge the costs and making them
assessable as taxes shall apply to such emergencies.
