[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 8-23-1966 by Ord. No. 621. Amendments noted where
applicable.]
A.Â
It is hereby found and declared that the existence or occupancy of
any building or buildings, or parts thereof, in the Borough of Westwood
which are so old, dilapidated or have become so out of repair as to
be dangerous, unsafe, insanitary or otherwise unfit for human habitation
or occupancy or use is inimical to the welfare and dangerous and injurious
to the health and safety of the inhabitants of the Borough of Westwood.
B.Â
A public necessity exists for the repair, closing or demolition of
such building or buildings or parts thereof.
C.Â
Pursuant to the provisions of N.J.S.A. 40:48-2.3 et seq., the Governing
Body has adopted a resolution finding that there exists such building
or buildings or parts thereof as described in N.J.S.A. 40:48-2.3 et
seq.
D.Â
Pursuant to the aforesaid statutes, it is the desire of the Governing
Body of the Borough of Westwood to adopt an ordinance for the repair,
closing or demolition of such building or buildings, all as provided
for and within the purview of N.J.S.A. 40:48-2.3 et seq.
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purposes hereof,
unless a different meaning clearly appears from the context:
Any building or structure or part thereof for the use for
human habitation or otherwise, and includes any outhouses, and appurtenances
belonging thereto or usually enjoyed therewith.
The Mayor and Council of the Borough of Westwood.
The holder or holders of title in fee simple.
All individuals, associations and corporations who have interests
of record in any building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the Borough of Westwood relating to health,
fire, building regulations or other activities concerning buildings
in the Borough of Westwood.
The Building Inspector, who shall be charged with the enforcement
of this chapter.
A.Â
Whenever
a petition is filed with the Building Inspector by a public authority
or by at least five residents of the municipality charging that any
building is unfit for human habitation or occupancy or use, or whenever
it appears to the Building Inspector (on his own motion) that any
building is unfit for human habitation or occupancy or use, due to
dilapidation, disrepair, structural defects which may increase the
hazards of fire, accident or other calamities, or there is a lack
of adequate ventilation, light or sanitary facilities, or due to neglect,
lack of maintenance or use, fire, accident or other calamities, or
due to other conditions rendering such building or buildings unsafe
or insanitary and dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents, the Building
Inspector shall, if his preliminary investigation discloses a basis
for such charges, issue and cause to be served upon the owner of,
and the parties in interest in, such building a complaint stating
the charges in that respect and containing a notice that a hearing
will be held before the Building Inspector (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, and 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 place
and time fixed in the complaint.[1]
B.Â
The rules
of evidence prevailing in the courts of the State of New Jersey shall
not be considered as controlling in such hearings before the Building
Inspector.
A.Â
The Building Inspector 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 and the occupants of neighboring
buildings or other residents of the Borough of Westwood. Such conditions
may include, without limiting the generality of those conditions described
under N.J.S.A. 40:48-2.3 et seq., defects increasing the hazards of
fire, accidents or other calamities, lack of adequate ventilation,
light or sanitary facilities, dilapidation, disrepair, structural
defects, or uncleanliness. And without in any way limiting the standards
and conditions set forth in this section and without in any way requiring
that any one or all of the conditions hereinafter set forth be found
in order to declare a building unfit for human habitation, occupancy
or use, the following are additional standards to guide the Building
Inspector or his agent in determining the fitness of a building for
human habitation or occupancy or use, to wit:
(1)Â
Condition
of structure. The condition of the structure is such as to make it
unsafe or insanitary through the presence of serious safety hazards
resulting from the need for major repairs to the roof, walls, ceiling,
floors, or stairs or through the presence of serious health hazards
resulting from continuous dampness or exposure brought about by neglect
or dilapidation.
(2)Â
Water
supply: lack of potable running water within each dwelling or lack
of hot water facilities available to each dwelling.
(3)Â
Sewerage
system: no connection between plumbing fixtures and an adequate sewerage
disposal system.
(4)Â
Toilet
facilities: no flush toilet fit for use in each building.
(5)Â
Bath
facilities: no bathtub or shower fit for use in each dwelling.
(6)Â
Kitchen
facilities: lack of permanent, safe and reasonably efficient kitchen
facilities within each dwelling unit, including a sink with running
water and provisions for a cooking stove.
(7)Â
Lighting
facilities: building inadequately wired for electricity.
(8)Â
Heating
facilities: heating facilities inadequate or unsafe.
(9)Â
Light
and ventilation: living room, bedroom or kitchen with no windows,
or with windows opening on an airshaft, or toilet or bathroom without
adequate ventilation.
B.Â
The generality
of the conditions rendering a building unfit for human habitation
or occupancy or use, as specified in this section, shall not be deemed
in anywise limited by the foregoing specifications or conditions.
Any building or buildings, or parts thereof, which have been
damaged to such an extent that nothing remains but the walls, or parts
of the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the Borough of Westwood, and the
Borough may exercise its police powers to repair, demolish or cause
the repairing or demolishing of the building or buildings, or parts
thereof, pursuant to N.J.S.A. 40:48-2.3 et seq. and the procedures
set forth therein.
A.Â
When, after such notice and hearing, the Building Inspector 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 the parties in interest, an order requiring
the repair, alteration, or improvement of the said building to be
made by the owner, within a reasonable time, which shall in no event
exceed 90 days from the order, which time shall be set forth in the
order, or, at the option of the owner, to vacate or have the said
building vacated and closed within the time set forth in the order.[1]
B.Â
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 the said building within the
time specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time, to be specified
in the said order.
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 Inspector may cause such building to be repaired,
altered or improved or to be vacated and closed. The Building Inspector
shall 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 occupancy of this building
is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish
the building, the Building Inspector may cause such building to be
removed or demolished or may contract for the removal or demolition
thereof after advertisement and after receipt of bids therefor.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the public officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
The amount of the cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, when done by the
Building Inspector, shall be a municipal lien against the real property
upon which such cost was incurred. If the building is removed or demolished
by the Building Inspector, he shall sell the materials of such building
and shall credit the proceeds of such sale against the cost of removal
or demolition, and any balance remaining shall be deposited in the
Superior Court of New Jersey, Chancery Division, by the Building Inspector,
shall be secured in such manner as may be directed by such Court,
and shall be disbursed by such Court to the persons found to be entitled
thereto by final order or decree 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.
[Amended 8-19-2003 by Ord. No. 03-12]
Complaints or orders issued by the Building Inspector pursuant
to this chapter shall be served upon any person or corporation either
by personal delivery, or by leaving the complaint or order at the
addressee's office or dwelling with a person 14 years of age
or older, or by certified mail, return receipt requested, to the person's
last known address. However, if the document is returned as refused
or unclaimed, with no indication of a change of address, the service
may be made by ordinary mail to the same address or, if upon the owner
of a corporation, by serving the document to the Secretary of State,
who shall be deemed the corporation's agent for service of process.
Any person affected by an order issued by the Building Inspector
may petition the Chancery Division, Superior Court, for relief in
accordance with Chapter 112, P.L. 1942, N.J.S.A. 40:48-2.3 et seq.
The remedies herein provided shall be exclusive remedies, and
no person affected by an order of the Building Inspector shall be
entitled to recover any damage for action taken pursuant to any order
of the Building Inspector or because of the noncompliance by such
person with any order of the Building Inspector.
In addition to the powers herein granted to the Building Inspector,
he shall also have the following powers:
A.Â
To investigate the building conditions in the Borough of Westwood
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.Â
To administer oaths and affirmations, examine witnesses and receive
evidence.
C.Â
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.
D.Â
To appoint and fix the duties of such officers, agents or employees
as the Governing Body deems necessary to aid the Building Inspector
in carrying out the purposes of this chapter.
E.Â
Pursuant to resolution by the Governing Body, to delegate any of
the functions and powers of the Building Inspector under this chapter
to such officers and agents as may be designated in such resolution.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the court or of any department to enforce any provisions
of its charter or its ordinances or regulations, nor to prevent or
punish violations thereof; and the powers conferred by this chapter
shall be in addition and supplemental to the powers conferred by any
other law or ordinance.
For the enforcement of the provisions of this chapter, the Building
Inspector of the Borough of Westwood is hereby designated as the public
officer and shall be paid such additional compensation, in addition
to his salary as Building Inspector, as the Mayor and Council, in
its discretion, shall deem necessary and appropriate.
Every building which shall have been damaged by fire or, for
any other reason, is so dangerous by reason of bad construction or
condition of walls, floors, or otherwise shall be held to be unsafe,
and the Building Inspector, besides proceeding as hereinabove provided,
shall also fix a notice of the dangerous character of the structure
in a conspicuous place on the exterior of the building.
Any person convicted of a violation of any of the provisions hereof by unlawfully removing any notice affixed to any building or refusing to vacate any building, structure or premises, or part thereof, when lawfully ordered to vacate the same shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Borough of Westwood.
The imposition of the fine or imprisonment for a violation of
this chapter shall not be construed as in any manner affecting the
enforcement of the other provisions hereof.
