The Construction Code Official for the Borough of Swedesboro
is hereby designated and appointed as the public officer authorized
to exercise the powers prescribed in this chapter.
All costs to the municipality (expert witness fees, search fees
and advertising charges, repairs, alterations or improvements or vacating
and closing or removal or demolition) shall become municipal liens
against the real property upon which the costs were incurred in accordance
with the provisions of N.J.S.A. 40:48-2.5f.
The Construction Code Official may determine that a building
is unfit for human habitation, 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 Swedesboro. Such conditions
may include but are not limited to 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.
Complaints or orders issued by the Construction Code Official
pursuant to this chapter shall be served upon persons either by registered
mail; or, if the whereabouts of such person is unknown and the same
cannot be ascertained by the Construction Code Official in the exercise
of reasonable diligence and the Construction Code Official 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 one time
in The Gloucester Times. A copy of said 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 Clerk of Gloucester County.
Any person aggrieved by an order issued by the Construction
Code Official under this chapter may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the Construction Code Official from carrying out the provisions
of the order, in accordance with the provisions of N.J.S.A. 40:48-2.8.
The remedy herein provided shall be exclusive, and no person affected
by an order of the Construction Code Official shall be entitled to
recover any damages for action taken pursuant thereto, or because
of noncompliance by any person with any order of the Construction
Code Official.
The Construction Code Official may exercise the following 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 those already granted under this chapter:
A. To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation,
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 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.
The Mayor and Council of the Borough of Swedesboro, by resolution,
may authorize the Construction Code Official to abate a nuisance,
correct a defect or put the premises in proper condition so as to
comply with the requirements of any Borough ordinance or state law
applicable thereto, at the cost of the owner or lessor, and expend
municipal funds for such purposes and charge the same against the
premises, and the amount thereof, as determined by the Mayor and Council
of the Borough of Swedesboro, shall be a lien against the premises.