A.
It is hereby found by the Mayor and Council of the Borough of Seaside
Park and hereby declared that there exist in the Borough of Seaside
Park 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 the Borough, and
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.
This chapter is hereby adopted to give the designated public officer
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. 40:48-2.3 et seq.
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purposes of this
chapter unless a different meaning clearly appears from the context:
Any property determined to be abandoned pursuant to N.J.S.A.
55:19-78 et seq. and this chapter.
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.
The title holder; any agent of the title holder having authority
to act with respect to a vacant property; any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51, and any amendments or supplements
thereto; or any other entity determined by the Borough of Seaside
Park to have authority with respect to the property.
[Amended 9-24-2020 by Ord. No. 2020-12]
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The Construction Official or Code Enforcement Official of
the Borough of Seaside Park.
Any building or structure to be used as a residence or commercial
or industrial facility which is not legally occupied or at which substantially
all lawful construction operations or residential occupancy has ceased,
and which is in such condition that it cannot be legally reoccupied
without repair or rehabilitation, including but not limited to any
property that constitutes abandoned property pursuant to N.J.S.A.
55: 19-80 et seq.; provided, however, that any property where all
building systems are in working order, where the building and grounds
are maintained in good order, or where the building is in habitable
condition, and where the building is being actively marketed by its
owner for sale or rental, shall not be deemed a vacant property.
[Added 9-24-2020 by Ord. No. 2020-12]
The Construction Official and Code Enforcement Official of the
Borough of Seaside Park are hereby appointed as the public officers
pursuant to N.J.S.A. 40:48-2.5, and are further authorized to regulate
and administer unfit buildings and abandoned properties consistent
with this chapter and N.J.S.A. 40:48-2.3 et seq., 55:19-54 et seq.,
and 55:19-78 et seq.
A.
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 or her or her 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.
B.
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the municipality charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the public officer (on his or her or her
own motion) that any building is unfit for human habitation or occupancy
or use, the public officer shall, if his or her 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
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the public officer (or his or her
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 public officer.
C.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he or she shall state in writing his or her 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:
(1)
Requiring the repair, alteration or improvement of the 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 the said building vacated and closed within the time set forth
in the order; and
(2)
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 the said building within a reasonable time, as specified
in the said order of removal.
D.
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 public officer 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 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."
E.
If the owner fails to comply with an order to remove or demolish
the building, the public officer 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.
F.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other 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.
G.
Nothing in this section shall be construed to impair or limit in
any way the power of the municipality 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. or any rules or
regulations adopted thereunder.
The following costs shall become a municipal lien against the
real property upon which such cost was incurred:
A.
The cost of the filing of legal papers, expert witness fees, search
fees and advertising charges incurred in the course of any proceeding
taken under this chapter determined in favor of the municipality;
and
B.
The cost of such repairs, alterations or improvements or of 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. If the building is removed
or demolished by the public officer, he or she shall sell the materials
of such building. There shall be credited against the cost of the
removal or demolition thereof, including the clearance 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 a copy thereof shall be forthwith forwarded to the owner by registered
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 the court
to the persons found to be entitled thereto by final 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.
The public officer may determine that a building is unfit for
human habitation or occupancy or use if he or she 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 such municipality. 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;
uncleanliness; failure to comply with the requirements of the Building
Code[1] or the certificate of occupancy. Such ordinance may provide
additional standards to guide the public officer, or his or her or
her agents, in determining the fitness of a building for human habitation
or occupancy or use.
Complaints or orders issued by a public officer pursuant to
this chapter shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is 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 municipality or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
municipality in which the buildings are located. A copy of such complaint
or order shall be posted in a conspicuous place on 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 recording officer
of the county in which the building is located.
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
powers in addition to others herein granted:
A.
To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation
or occupancy or use;
B.
To administer oaths, 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 or she deems necessary to carry out the purposes of the ordinances;
and
E.
To delegate any of his or her or her functions and powers under this
chapter to such officers and agents as he or she may designate.
