[HISTORY: Adopted by the Borough Council of the Borough of
Medford Lakes 7-22-2009 by Ord. No. 565.[1] Amendments noted where applicable.]
The Borough Construction Code Official is hereby designated
as the public officer to exercise the powers prescribed by this chapter.
For the purpose of this chapter, 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 or may
become 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 Medford Lakes. Such conditions may include
the following, without limiting the generality of the foregoing:
Pursuant to the provisions of Chapter 21, Public Law 1946 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code (1980 Revision), as approved by the Department of Community Affairs and filed in the Secretary of State's Office, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the New Jersey State Housing Code (1980 Revision) is annexed to this chapter, and three copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine same.
Whenever a petition is filed with the public officer or the
Borough Manager by a public authority, as defined in N.J.S.A. 40:48-2.4,
or by at least five residents of the Borough charging that any building
is unfit for human habitation or occupancy or use as herein defined,
or whenever it appears to the public officer, on his own motion, that
any building is unfit for human habitation or occupancy or use, as
herein defined, 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 building a complaint stating the
charges in that respect and containing a notice that:
A.
A hearing will be held before the public officer and the Borough
Manager 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.
B.
The owner and parties in interest, including any mortgagee, 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 complaints.
C.
The rules of evidence prevailing in courts of law or equity shall
not be controlling in the hearings.
A.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, as herein defined, he/she shall state in writing
his/her findings of fact in support of such determination and shall
issue and cause to be served upon the owner thereof and parties in
interest, including any mortgagee, an order requiring that the repair,
removal, alteration, improvement or demolition of the said building
be made by the owner within a reasonable time, which time shall be
set forth in the order.
B.
If the owner fails to act with due diligence and/or comply with an
order to repair, remove, alter, improve or demolish the building,
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."
C.
Not less than 30 days after issuance of the public officer's
order and after the property owner has been provided with an estimate
of the costs to be incurred, if the owner fails to comply with an
order to repair, remove, alter, improve or demolish the building,
the public officer may cause such building to be repaired, removed,
altered, improved or demolished or may contract for the repair, removal,
alteration, improvement or demolition thereof after advertisement
for and receipt of bids therefor on notice to the owner and any mortgagee,
which notice shall include an estimate of the costs to be incurred
in complying with said order.
D.
The amount of the cost of 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
municipality; and the actual 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 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. 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,
including the cost of clearing 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 said official shall
file a municipal lien certificate against the real property, 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 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 such Court.
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 or
the accuracy of the costs set forth in the municipal lien certificate.
E.
If any actual and immediate danger to life is imposed by the threatened
collapse of any fire-damaged or 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.
F.
Nothing in this section shall be construed to impair or limit in
any way the power of the Borough to define and declare nuisances to
cause their removal or abatement, by summary proceedings or otherwise,
nor is anything in this chapter intended to limit the authority of
the Construction Code Official under the State Uniform Construction
Code Act (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations
adopted thereunder.
Complaints or orders issued by the public officer 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 the same cannot be ascertained by said 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 in a newspaper printed
and published in the County of Burlington and circulated in the Borough.
A copy of such complaint or order shall be posted in a conspicuous
place on premises affected by the complaint or order, and a copy of
such complaint or order shall be duly recorded or lodged for record
with the County Recording Officer of Burlington County.
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 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.
The public officer is hereby 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 conditions of buildings in the Borough of Medford
Lakes in order to determine which buildings therein are unfit for
human habitation.
B.
To administer oaths and affirmations, examine witnesses and receive
evidence.
C.
To enter upon premises for the purpose of making examination, provided
that such entries shall be 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.
Nothing in this chapter shall be construed to abrogate or impair
the power of the Borough or any officer or 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
upon the Borough by any other law or ordinance.
In the event any building or structure is removed, repaired,
altered, improved or demolished pursuant to this chapter because it
is found to be dangerous to human life or the public welfare, the
Borough, in addition to assessing the cost of such removal, repair,
improvement, alteration or demolition as a municipal lien against
the premises, may enforce the payment of such assessment, together
with interest, as a debt of the owner of the premises and may authorize
the institution of an action at law for the collection thereof. The
Superior Court or the Burlington County District Court shall have
jurisdiction over any such action.
