The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings, unless a different meaning
clearly appears from the context:
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
[Amended 7-10-2000 by Ord. No. 2000-5]
The Housing Official and/or Burlington County Health Department,
as defined in this chapter, is hereby designated to exercise the powers
prescribed by this chapter. The Board of Commissioners shall act as
the investigating and reviewing agency and the public officer relative
to the provisions of this chapter and the State Housing Code, as more
specifically explained herein.
Nothing in this chapter shall be construed to impair or limit
in any way the power of the City of Bordentown 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 Board of Commissioners may determine that a building is
unfit for human habitation or occupancy or use if it 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 City of Bordentown. 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; uncleanliness;
or any violation of the State Uniform Construction Code Act or any
rules or regulations adopted thereunder or any violation of any other
statute or ordinance pertaining to standards for the fitness of a
building for human habitation or occupancy or use or any rules or
regulations adopted thereunder.
Complaints or orders issued by the Board of Commissioners 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 Board of Commissioners in
the exercise of reasonable diligence, and the Board of Commissioners
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 the 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 in which the building
is located.
Any person aggrieved by an order issued by a 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 Board of Commissioners is hereby authorized 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
powers in addition to the others granted herein:
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 and 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 person in possession.
D. To appoint and fix the duties of such officers, agents and employees
as the Board of Commissioners deem necessary to carry out the purposes
of this chapter.
E. To delegate any of the Board of Commissioners' functions and
powers under this chapter to such officers and agents as the Board
may designate.
Nothing in this chapter shall be construed to abrogate or impair
the powers of any department of the City of Bordentown to enforce
any provision of its ordinances or regulations, nor to prevent or
punish violations thereof. The powers conferred by this chapter shall
be in addition and supplemental to the powers conferred by any other
law or ordinance.