[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 10-6-1953 by Ord. No. 356; readopted 8-1-1967 by Ord. No. 476 (Ch. 127 of the 1975 Code). Amendments noted where applicable.]
Any building, wall or structure which is or may become dangerous to life or health or might tend to extend a conflagration shall be taken down, destroyed and removed or made safe and secure, and the cost thereof may be assessed as a municipal lien against the lot, tract or parcel of land or premises upon which the unsafe and dangerous structure stands or stood.
[Amended 9-20-2010 by Ord. No. 1439-2010; 3-20-2017 by Ord. No. 1541-2017]
Immediately upon the receipt of a report from either the Chief of Police and/or Police Director, Fire Chief, Health Officer, Sanitary Inspector, Construction Official, or Borough Engineer of the Borough of Edgewater that a building, wall or structure, or any part thereof, is or may become dangerous to life or health or might tend to extend a conflagration, the Borough Engineer shall report the same at the next meeting of the Mayor and Council, and a copy of his report shall be included in the minutes of that meeting. He shall also forthwith cause to be served upon the owner, executor, administrator, agent, lessee or any other person who may have a vested or contingent interest in such structure or premises a written notice containing a description of such structure or premises and a statement of the particulars in which such structure or premises are deemed to be dangerous to life or health, or might tend to extend a conflagration, together with an order requiring such structure or premises to be made safe and secure or removed and destroyed. Such notice shall require the person or persons thus served immediately to certify to the Borough Engineer his or their acceptance or rejection of such order.
If the person or persons served with a notice and order as herein specified shall immediately certify his or their assent to the securing or removal and destruction of such unsafe or dangerous structure and premises, he or they shall be allowed 48 hours from the time of serving of such notice and order within which to commence an abatement of the unsafe and dangerous conditions. Such person or persons shall employ sufficient labor and assistance to secure or remove and destroy such unsafe or dangerous conditions as expeditiously as the Borough Engineer considers it reasonable to require.
Upon the refusal or neglect of the person or persons served with the notice and order as provided in §§ 147-2 and 147-3 to comply with any of the requirements thereof, a further written notice shall be served upon him or them that a survey of the premises named in such notice will be made at a time and place therein named. Such survey shall be made by three competent persons, of whom one shall be the Borough Engineer, another shall be a licensed architect appointed by the Borough Engineer and the third shall be a practical builder with at least five years' experience, who shall also be appointed by the Borough Engineer. The owner or any other person interested in such premises shall have the right to designate some one person to represent him in making such a survey.
[Amended 9-3-1975 by Ord. No. 581-75]
The notice provided for in this chapter shall also set forth that if the premises referred to therein are reported by such surveyors to be dangerous to life or health, or likely to become so, or might tend to extend a conflagration, their report will be placed before the Mayor and Council of the Borough of Edgewater, and that a hearing upon the allegations and statements contained therein will be held before said Mayor and Council, at the time and place stated in said notice, to determine whether the unsafe or dangerous structure or premises shall be repaired and secured, or taken down, removed and destroyed, and that the report of such survey shall constitute the issue to be placed before the Mayor and Council of the Borough of Edgewater.
After the hearing by the Mayor and Council on the report of the surveyors and the answer of the owner, the Mayor and Council may condemn any building, wall or structure as dangerous to life or health, or likely to become so, or might tend to extend a conflagration, and order the Borough Engineer to remove or destroy such structure and complete the work by the municipality. The Borough Engineer shall keep a true and accurate account of the cost thereof and make a report as required by law.
[Amended 9-3-1975 by Ord. No. 581-75]
The notices herein provided for shall, in addition to the provisions of this chapter, also conform to the statutes of New Jersey in such case made and provided, and shall also be served in the manner provided by N.J.S.A. 40:48-1, paragraph 15.
[Amended 9-3-1975 by Ord. No. 581-75[1]]
Whenever any building or part thereof in the opinion of the Borough Engineer of Construction Official is dangerous to life or health, or is so unfit for human habitation that it cannot be remedied by repairs or otherwise except by the destruction of such building or portion thereof, the Borough Engineer or Construction Official may issue an order to vacate such building. Any person or persons refusing to obey any order issued by the Borough Engineer or Construction Official pursuant to the provisions of this section shall, upon conviction, be subject to the penalty provided in Chapter 1, Article II, General Penalty.
[Added 12-15-1970 by Ord. No. 525-70]
A.
Where any violation or condition existing on the premises is of such a nature as to constitute an immediate or serious threat to health or safety unless abated without delay, the Construction Official and/or the Borough Engineer may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed 48 hours, and upon failure to do so, the Construction Official may abate the condition immediately thereafter. It shall not be necessary under such circumstances to first give any notice to the owner, occupant or operator of the premises, nor shall it be necessary for the Construction Official and/or the Borough Engineer to advertise for or receive bids for such emergency repair or demolition. The cost of such repair or demolition shall become a municipal lien against the real property upon which such cost was incurred.[1]
