[HISTORY: Adopted by the Township Committee of the Township
of Buena Vista 8-10-1992 by Ord. No. 243-1992 (Ch. 40 of the 1993
Code). Amendments noted where applicable.]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Township of Buena
Vista ("Township") which are so old or dilapidated or have become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use, are inimical to the
welfare, and dangerous and injurious to the health and safety, of
the residents of the Township and that a public necessity exists for
the repair, closing or demolition of such building or buildings or
part thereof. It is hereby found that there may exist in the Township
a building or buildings which are unfit for human habitation, occupancy
or use due to dilapidation, defects increasing the hazards of fire,
accidents or other calamities, lack of ventilation, light or sanitation
facilities or due to other conditions rendering such building or buildings
or part thereof unsafe or unsanitary or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Township, and as to which the Township has the power, pursuant
to N.J.S.A. 40:48-2.3 et seq., to exercise its police powers to repair,
close or demolish or cause or require the repairing, closing or demolition
of such buildings or part thereof in the manner herein provided.
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 Township, and the Township 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 procedure set forth herein.
The following, whenever used or referred to in this chapter,
unless a different meaning clearly appears from the context, shall
mean:
The Casino Reinvestment Development Authority established
pursuant to Section 5 of P.L.1984, c. 218 (N.J.S.A. 5:12-153).[1]
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith, except farm outbuildings.
Any casino licensed pursuant to the provisions of the Casino
Control Act, P.L.1977, c. 110 (N.J.S.A. 5:12-1 et seq.).[2]
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any officer who is in charge of any department or branch
of the government of the Township relating to health, fire, building
regulations or to other activities concerning buildings in the Township.
The officer, officers, board or body that is or are appointed
by the Township Committee pursuant to this chapter to exercise the
powers prescribed herein.
The Township Committee shall appoint a public officer for the
purpose of exercising the powers prescribed in this chapter. The public
officer shall serve a three-year term.
For the purpose of this chapter, the public officer, pursuant
to N.J.S.A. 40:48-2.6, may determine that a building or dwelling is
unsafe or unfit for human habitation or use if the public officer
finds that conditions exist in such building or dwelling which are
dangerous or injurious to the health or safety of the occupants of
such building or dwelling, the occupants of neighboring buildings
or dwellings or other residents of the Township; such conditions shall
be deemed to include the following (without limiting the generality
of the foregoing): 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; failure to comply with the requirements of the
Building Code or the certificate of occupancy.
Pursuant to N.J.S.A. 40:49-5.1 et seq., the New Jersey State
Housing Code approved by the Department of Community Affairs (N.J.A.C.
5:28-1.1), the State Uniform Construction Code Act (N.J.S.A. 52:27D-119
et seq.) and the State Uniform Fire Safety Act (N.J.S.A. 52:27D-192
et seq.) and any rules or regulations adopted thereunder are hereby
accepted, adopted and established as standards to be used as guides
in determining the fitness of a building for human habitation, occupancy
or use. A copy of these codes are made a part of this chapter, and
three copies thereof have been placed on file in the office of the
Township Clerk and will remain on file there for the use and examination
of the public.
Whenever a petition is filed with the public officer by a public
authority, or by at least five residents of the Township, charging
that any building or dwelling is unfit for human habitation, occupancy
or use, or whenever it appears to the public officer on his or her
own motion that any building or dwelling is unfit for human habitation,
occupancy or use or that any building or dwelling is dangerous or
unsafe, the public officer shall, if his or her 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 or dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the public officer, or designated
agent, at a place therein fixed not less than seven days nor more
than 30 days after the service of said complaint, that 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 and that the rules of
evidence prevailing in the courts shall not be controlling in the
hearing before the public officer.
A.
If, after such notice and hearing, the public officer determines
that the building or dwelling under consideration is unfit for human
habitation, occupancy or use or is dangerous or unsafe, the public
officer shall state, in writing, his or 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 an order requiring the repair,
alteration or improvement of said building or dwelling 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 the
said building or dwelling vacated and closed within the time set forth
in the order.
B.
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 said building within the time specified
in the order, then the owner may be required to remove or demolish
said building or dwelling 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 owner, to vacate and close the building or dwelling,
the public officer, by and with the approval of the Township Committee,
may cause such building to be repaired, altered or improved or to
be vacated and closed; the public officer may cause to be posted,
on the main entrance of any building or dwelling so closed, a placard
with the following words: "This building or dwelling is unfit for
human habitation, occupancy or use; the use or occupation of this
building or dwelling is prohibited and unlawful."
D.
If the owner fails to comply with an order to remove or demolish
the building or dwelling, the public officer, by and with the approval
of the Township Committee, may cause such building or dwelling 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,
the public officer, by and with the consent of the Township Committee,
may appoint a custodian of such building or dwelling on behalf of
the Township who may be either an official of the Township 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 this chapter
and state laws applicable thereto; compensation of the custodian,
which shall be part of the expenses provided for below, shall be at
a rate to be established by ordinance of the Township Committee.[1]
F.
If the owner violates this chapter or fails to abate a condition
harmful to the health and safety of the occupants of the building
or dwelling and the general public in the Township after notice and
opportunity so to do, the public officer may, by and with the approval
of the Township Committee, bring an action in the Superior Court to
be appointed receiver ex officio of the rents and income.[2]
G.
The amount of the cost of the 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
Township and the cost of repairs, alterations or improvements or vacating
and closing or removal or demolitions, 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 dwelling
or from any contract for removal or demolition thereof, including
the clearance and, if necessary, leveling of the site, shall be a
municipal lien against the real property upon which such costs were
incurred. If the building or dwelling is removed or demolished by
order of the public officer, he or she shall sell the materials of
such building or dwelling. There shall be credited against the cost
of the removal or demolition thereof the proceeds of any sale of such
materials or any such 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 Township Tax Assessor and the Township Tax Collector, and
a copy thereof shall be forthwith forwarded to the owner by registered
or certified mail. If the total of the credits exceeds sum costs,
the balance remaining shall be deposited in the Superior Court by
the public officer and shall be disbursed according to the order of
judgment of the Court to the persons found to be entitled thereto
by final order of 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 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.
Any building or buildings, or parts thereof, which have come
into a state of disrepair through neglect, lack of maintenance or
use, fire, accident or other calamities, or through any other act
rendering the building or buildings, or parts thereof, in a state
of disrepair, to the extent that the building is unfit for human habitation
or occupancy or use, shall be deemed inimical to the welfare of the
residents of the municipality wherein it is located, and a public
officer appointed pursuant to the provisions of N.J.S.A. 40:48-2.3
et seq. may exercise his powers to repair, demolish, or cause the
repairing or demolition of the building or buildings, or parts thereof,
pursuant to the provisions of N.J.S.A. 40:48–2.5b.
A.
Notwithstanding
any law to the contrary, in any municipality where the governing body
has appointed a public officer pursuant to the provisions of N.J.S.A.
40:48–2.3 et seq., the public officer, to finance the costs
of accomplishing the purpose of this act, shall have the power to
accept gifts or grants from private or public agencies, or to accept
donations from or enter into loan agreements with any casino licensee
or the authority under any legal terms and conditions, including agreements
which obligate such municipality to repay any such loan over a period
in excess of one year, which the public officer determines will be
beneficial to the purposes of N.J.S.A. 40:48–2.3 et seq. In
the event that the public officer accepts or borrows any funds from
any casino licensee or the authority for which funds the casino licensee
seeks authorization for an investment tax credit in accordance with
N.J.S.A. 5:12–144.1, the authority is authorized to approve
an investment tax credit in accordance with the provisions of N.J.S.A.
5:12–144.1, and the authority's rules.
B.
All funds received pursuant to Subsection A of this section shall be placed in a separate municipal fund designated as the "Emergency Demolition Fund" to be used solely for demolition-related activities. The public officer shall have the sole discretion in determining which funds will be accepted and the time and manner of all expenditures necessary to carry out the purposes of this act; except that, the public officer shall not accept or use any funds provided by a casino licensee or the authority for the purpose of demolishing any structure owned by a casino licensee. All payments made pursuant to this section shall be made under the direction of the public officer.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building
or dwelling, the public officer, by and with the consent of the Township
Committee, may, after taking such measures as may be necessary to
make such building or dwelling temporarily safe, seek a judgment in
summary proceedings for the demolition thereof. Nothing herein shall
be construed to impair or limit in any way the power of the Township
to define and declare nuisances and to cause their removal or abatement
by summary proceedings or otherwise, nor is anything in this chapter
intended to limit the authority of the enforcing agency or Construction
Official under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119
et seq., the State Uniform Fire Safety Act, N.J.S.A. 52:27D-192 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
registered or certified mail, but if the whereabouts of such persons
are unknown and the same cannot be ascertained by the 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 Atlantic and
circulating in the Township. 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 shall be recorded or lodged for record with the
Clerk of Atlantic County.
Any person aggrieved by an order issued by the 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 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.
A.
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
powers in addition to others herein granted:
(1)
To
investigate the building or dwelling conditions in the Township in
order to determine which buildings or dwellings therein are unfit
for human habitation, occupancy or use.
(2)
To administer oaths and affirmations, examine witnesses and receive
evidence.
(3)
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.
(4)
To appoint and fix the duties of such officers, agents and employees
as the public officer deems necessary and to carry out the purposes
of this chapter.
(5)
To delegate any of the public officer's functions and powers
under this chapter to such officers and agents as he or she may designate
by and with the consent of the governing body.
B.
Any action
taken using revenues derived from the local property tax shall be
taken only after advertisement for, and receipt of, bids therefor,
pursuant to the provisions of the Local Public Contracts Law, N.J.S.A.
40A:11–1 et seq., unless the action is necessary to prevent
imminent danger to life, limb or property.[1]
The Township Committee shall prepare an estimate of the annual
expenses or costs to provide the equipment, personnel and supplies
necessary for periodic examinations and investigations of the buildings
or dwellings in the Township for the purpose of determining the fitness
of such buildings or dwellings for human habitation, occupancy or
use and the enforcement and administration of this chapter and shall
authorize such appropriation from its revenues as it may deem necessary
for this purpose and may accept and apply grants or donations to assist
it in carrying out the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the courts or any department of the Township to enforce
any provisions of its charter, ordinances, Code 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.
Any person, firm or corporation violating any of the provisions of this chapter shall punishable as provided in Chapter 1, General Provisions, § 1-15. Each violation of any of the provisions of this chapter and each day the same shall continue to be violated shall constitute a separate, distinct offense.
