[HISTORY: Adopted by the Council of the Borough of Milford
by Ord. No. 289-84. Amendments noted where applicable.]
The Construction Code Official is hereby designated to exercise
the powers and enforce the provisions hereof, and he shall be hereinafter
referred to as the "public officer."
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 own motion) that
any building is unfit for human habitation or occupancy or use, the
public officer 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 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 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, and the rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
A.
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 shall state, in writing, his 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 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 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 shall be required to remove or demolish
said building within a reasonable time as specified in the order of
removal.
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."
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 and receipt of bids therefor.
The amount of the cost of the filing of legal papers, legal
fees, 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 such cost of such repairs, alterations
or improvements, 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
shall be a municipal lien against the real property upon which such
cost was incurred.
Complaints or orders issued by the public officer pursuant to
this chapter shall be served upon persons either personally or by
registered 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 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 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 Recording Officer
of the county in which the building is located.
