[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 9-4-1984 (Ch. 54 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 120.
Fire prevention — See Ch. 156.
A. 
It is hereby found by the Mayor and Council of the Borough of Swedesboro and hereby declared that there exist in the Borough of Swedesboro buildings, parts of buildings, mobile home parks or other facilities which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use and are inimical to the welfare and dangerous and injurious to the health and safety of the people of this Borough and that a public necessity exists for the repair, closing or demolition of such building or buildings, mobile home parks or other facilities or part or parts thereof.
B. 
Therefore, this chapter is hereby adopted to give this Borough the power, pursuant to N.J.S.A. 40:48-2.5 et seq., to exercise the Borough's police power to repair, close or demolish or cause or require the repairing, closing or demolition of such buildings, mobile home parks or other facilities, or part or parts thereof, or to abate any nuisance or correct any condition in accordance with the terms of N.J.S.A. 40:48-2.12f, g, h, i, j, k and l.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
When a petition is filed with the Construction Code Official by the Mayor and Council or by at least five residents of the municipality charging that any building, as defined by N.J.S.A. 40:48-2.4, is unfit for human habitation, occupancy or use, or whenever it appears to the Construction Code Official, on his own motion with notice to the Mayor and Council, that any such building is unfit for human habitation or occupancy or use, the Construction Code Official 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 buildings, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Construction Code Official, 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. 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. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Construction Code Official.
B. 
If, after such notice of hearing, the public officer determines that the building under construction is unfit for human habitation or use, he shall state, in writing, his findings of fact in support of such determination and shall issue or cause to be served upon the owner thereof or the parties in interest an order:
(1) 
Requiring the repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order, or at the option of the owner to vacate or have said building vacated and closed within the times set forth in the order.
(2) 
That 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 said building within a reasonable time as specified in said order of removal.
C. 
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 Construction Code Official may cause such building to be repaired, altered or improved, or to be vacated and closed. The Construction Code Official 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, occupancy or use; the use or occupation of this building is prohibited and unlawful."
D. 
If the owner fails to comply with an order to remove or demolish the building, the Construction Code Official may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
E. 
If the owner fails to comply with an order to repair, alter or improve and the owner elects not to comply with the order or to vacate or cause to be vacated the said premises, the Construction Code Official may proceed with the §§ 105-9 and 105-10 set forth below.
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.
A. 
The Mayor and Council may, by resolution, appoint a custodian of any such building, structure or premises on behalf of the municipality, who may be either an officer of the municipality or any other person specially designated to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of all municipal ordinances and state laws applicable thereto.
B. 
If the custodian is some person other than a full-time employee of the Borough of Swedesboro, he shall be paid an hourly rate equal to those Borough employees paid by the Annual Salary Ordinance receiving the highest hourly rate. The costs and expenses of said custodian shall be collectible by the municipality from the owner or lessor of the premises as provided in this chapter.
C. 
In the event that any owner of a building or structure or premises in the municipality shall violate the provisions of this chapter, or fail to abate a condition harmful to the health and safety of the occupants of the premises and the general public in the municipality after notice and opportunity to do so, the Construction Code Official may, by and with the approval of the Mayor and Council of the Borough of Swedesboro, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property for the purpose of collecting the rents and income from such property and expend the same for purpose of abating said conditions. Said rents and income so collected by the receiver shall also be available for the payment of such costs and expenses of the receivership, as may be adjudged by the court, and for the payment to the municipality of any fines or penalties which may have been imposed on the owner for violations of this chapter and which have not been paid by the person liable therefor. Such receiver shall not be required to give bond and shall be appointed only for said purpose.
D. 
Upon his appointment, the receiver, by and with the approval of the governing body of the Borough of Swedesboro in all cases where the property in question is encumbered by a first mortgage, shall appoint such first mortgagee, if such mortgagee is a proper person and is willing to accept such appointment, as the receiver's agent to collect the rents and income from such real property and manage the same, and in all other cases the receiver, by and with the approval of the Mayor and Council of the Borough of Swedesboro, may designate the person in charge or management of such real property or such other competent person as the receiver's agent to collect the rents and income from such real property and manage the same, which mortgagee or other person shall account promptly to the receiver for the rents and income so collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for such rents and income or in the management of such real property, the receiver shall apply to the court for the removal of such designated mortgagee or other person, upon notice in writing to him, and the court, upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid.
E. 
In any such receivership, no fees shall be allowed the receiver, or his counsel, for actions as such receiver or counsel.