[HISTORY: Adopted by the City Council of the City of Camden 4-9-1987 by Ord. No. MC-2289 as Ch. 295 of the 1987 Code. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
NEW JERSEY STATE HOUSING CODE
That certain code approved by the State Department of Conservation and Economic Development and the State Department of Health and filed in the office of the Secretary of State on January 31, 1962, prescribing the standards to guide a municipality authorized, by the ordinance adopting said code, to enforce the same in determining the fitness of a building for human habitation or occupancy or use.
B. 
Whenever the following words, terms or phrases are used in the New Jersey State Housing Code, they shall have the meanings herein given:
ADMINISTRATIVE AUTHORITY
The Supervisor of Housing Inspection as head of the Bureau of Housing Inspection in the Department of Housing and Community Development.
[Amended 8-13-1981 by Ord. No. MC-1766]
BOARD OF HEALTH
The Department of Human Services.
[Amended 8-13-1981 by Ord. No. MC-1766]
MUNICIPALITY
The City of Camden.
C. 
Except as otherwise modified by the provisions of Subsection B of this section, the words, terms or phrases used in this chapter and defined in Section 2 of the New Jersey State Housing Code shall have the meanings given in said New Jersey State Housing Code.
A. 
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the New Jersey State Housing Code is hereby adopted and established as constituting the standards to be used in determining whether dwellings in the City are safe and sanitary and fit for human habitation, use or occupancy, save and except Sections 3 (in its entirety), 10.04 and 12.1 thereof, which sections are deleted therefrom and not adopted herein. A printed copy of said code, plainly marked so as to indicate the aforesaid deletions, was annexed to and incorporated by reference in the ordinance passed on October 25, 1962, adopting said code.
B. 
The New Jersey State Housing Code, except Section 3 (in its entirety), 10.04 and 12.1, specifically deleted therefrom and not adopted, is hereby incorporated in this chapter by reference and made a part hereof as fully as though it had been set forth at length herein.
C. 
In accordance with law, the required number of copies of said New Jersey State Housing Code, plainly marked so as to indicate the deletion of Sections 3 (in its entirety), 10.04 and 12.1, not adopted as aforesaid, have been placed on file in the office of the City Clerk and in the office of the Bureau of Housing Inspection in the Department of Housing and Community Development and shall remain on file in said offices for the use and examination of the public so long as this chapter shall remain in effect.
[Amended 8-13-1981 by Ord. No. MC-1766]
A. 
The Supervisor of Housing Inspection, as head of the Bureau of Housing Inspection in the Department of Housing and Community Development, shall be and is hereby designated as the "public officer" to exercise the powers prescribed by this chapter and to enforce the provisions thereof, subject to the supervision of the Director of the Department of Code Enforcement.
[Amended 8-13-1981 by Ord. No. MC-1766; 12-10-2019 by Ord. No. MC-5232]
B. 
He shall serve in such capacity without any additional salary.
[Amended 8-13-1981 by Ord. No. MC-1766]
After notice and hearing, the Supervisor of Housing Inspection may determine that a dwelling under consideration is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the City. Such conditions may, among other things, include the following:
A. 
Defects therein increasing the hazards of fire, accident or other calamities.
B. 
Lack of adequate ventilation, light or sanitary facilities.
C. 
Dilapidation, disrepair, structural defects or uncleanliness.
A. 
Whenever a petition is filed with the Bureau of Housing Inspection by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the City charging that a dwelling is unfit for human habitation as herein defined or whenever it appears to the Supervisor of Housing Inspection, on his own initiative, that any dwelling is unfit for human habitation as herein defined, the Supervisor of Housing Inspection shall make a preliminary investigation. If the investigation discloses a basis for such charges, he shall issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before the Supervisor of Housing Inspection or his designated agent, at a place therein fixed, not fewer than 10 days nor more than 30 days after the serving of said complaint. The notice shall state that the owner and parties in interest have 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 hearings before the Supervisor of Housing Inspection.
[Amended 8-13-1981 by Ord. No. MC-1766]
B. 
The complaint shall be served in the manner provided in § 450-9 hereof.
[Amended 8-13-1981 by Ord. No. MC-1766]
A. 
The Supervisor of Housing Inspection is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units and rooming units located within the City in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
B. 
For the purpose of making the inspections referred to in Subsection A of this section, the Supervisor of Housing Inspection or his designee is hereby authorized, subject to law, to enter, examine and survey, at all reasonable times, all dwellings, dwelling units and rooming units.
C. 
Subject to law, the owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Supervisor of Housing Inspection or his designee free access to such dwelling unit or rooming unit and its premises, at all reasonable times, for the purpose of such inspection, examination and survey.
[Added 10-17-2023 by Ord. No. MC-5468]
A. 
Findings.
(1) 
Lead poisoning poses a serious public health threat to children and adults in the City of Camden (N.J.S.A. 52:27D-437).
(2) 
According to the New Jersey Department of Health's Lead Screening Database, in the City of Camden, at least 3% of children tested, who are six years of age or younger, have a blood lead level greater than or equal to five ug/dL.; therefore all lead-based paint hazards must test through a dust wipe sampling.
(3) 
Even a small amount of lead can cause elevated blood lead levels resulting in serious and irreversible developmental damage, particularly in children under the age of six years.
(4) 
Exposure to lead hazards from deteriorated lead-based paint is a primary cause of elevated blood lead levels in humans.
(5) 
Structures built before 1978 are the most likely to contain lead-based paint hazards.
(6) 
Residential properties are more likely than are nonresidential properties to be a source of exposure to lead-based paint hazards by children.
(7) 
Children living in older, poorly maintained homes are disproportionately at risk for lead-based paint hazards.
(8) 
The exposure to lead-based paint hazards in the City of Camden is most common, and presents the most serious risk, to young children residing in rental housing built before 1978. Approximately 80% of lead poisoning cases in New Jersey are caused by exposure to lead-based paint in homes built before 1978, which affects our low-income families the most.
(9) 
It is essential to the overall public health of persons in the City of Camden, and particularly for children younger than six years of age, that they be protected from exposure to lead-based paint hazards.
B. 
Definitions. For the purposes of this section, the following words and terms shall have the meanings set forth below, in accordance with N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-1.1 et seq.:
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested, in accordance with a method approved by the United States Department of Housing and Urban Development (HUD) and as conducted pursuant to N.J.A.C. 5:28A-2.3.
DWELLING
A building containing a room or rooms, suite, apartment, unit, or space that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.
DWELLING UNIT
A unit within a building that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.
HOUSING INSPECTOR
The City of Camden Housing Inspector or designee, or any code enforcement inspector appointed by the City of Camden pursuant to N.J.S.A. 40:48-2.3 et seq., or any other statutory authorization to perform inspections of any building.
INTERIM CONTROLS
A set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs, or the term as it is defined pursuant to 42 U.S.C. § 4851b and the regulations adopted pursuant thereto.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based paint hazards, in accordance with the standards established by the Commissioner of the New Jersey Department of Community Affairs.
LEAD ABATEMENT CONTRACTOR
A firm certified by the New Jersey Department of Community Affairs to perform remediation through lead abatement or interim control work pursuant to N.J.A.C. 5:17.
LEAD ABATEMENT WORKER
An individual certified by the New Jersey Department of Health to perform lead abatement or interim control work pursuant to N.J.A.C. 8:62.
LEAD EVALUATION CONTRACTOR
A person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-5.1. This includes the ability to perform dust wipe sampling.
LEAD FREE
A dwelling that has been certified to have no lead-based paint or has undergone lead abatement, in accordance with N.J.A.C. 5-17.
LEAD INSPECTOR/RISK ASSESSOR
An individual certified by the New Jersey Department of Health to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling.
LEAD SAFE
A dwelling which has been found to have no outstanding lead-based paint hazards. It does not mean that the dwelling has been certified to be lead free.
LEAD-BASED HAZARD CONTROL METHODS
Interim controls, as defined above.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead in excess of 1.0 milligram per centimeter squared or in excess of 0.5% by weight, or such other level, as may be established by federal law.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present on surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
The certificate issued in accordance with N.J.A.C. 5:17, which states that there is no lead-based paint, or that the dwelling has undergone lead abatement, in accordance with N.J.A.C. 5:17.
LEAD-SAFE CERTIFICATION
The certification issued in accordance with N.J.A.C. 5:28-2.4, which confirms that a periodic lead-based paint inspection was performed and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance.
MULTIPLE DWELLING
Any building or structure and any land appurtenant thereto, and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other. "Multiple dwelling" also means any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied, or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. "Multiple dwelling" does not include those buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
MULTIPLE DWELLING
Any building or structure and land appurtenant thereto, and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other. "Multiple dwelling" also means any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied, or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. "Multiple dwelling" does not include those buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
PERIODIC LEAD-BASED PAINT INSPECTION
Pursuant to N.J.A.C. 5:28A-2.1, the initial inspection of all applicable dwelling units for the purpose of identifying lead-based paint hazards in the dwelling units, at the earlier of two years from the effective date of P.L. 2021, c. 182, July 22, 2022, or tenant turnover and thereafter every three years or upon tenant turnover, whichever is earlier.
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at the earlier of two years from the effective date of P.L. 2021, c. 182, July 22, 2022, or tenant turnover and, thereafter, the earlier of three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based paint hazards in dwellings subject to this section.
REMEDIATION
Interim controls or lead abatement work undertaken in conformance with this section to address lead-based paint hazards.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit or the time at which a new tenant enters a vacant dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3.
C. 
Inspections for lead-based paint.
(1) 
Inspections authorized. A City official, primarily the City's Housing Inspector or the City's retained lead evaluation contractor or a certified lead evaluation contractor hired by the rental dwelling owner shall be authorized and empowered to inspect all single-family, two-family or multiple dwelling rental units in the City of Camden for lead-based paint hazards (N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-1.1).
(2) 
In accordance with N.J.S.A. 52:27D-437.16(c), certain single-family, two-family or multiple dwelling rental units shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(a) 
Was constructed during or after 1978;
(b) 
Is a single-family or two-family seasonal rental dwelling unit that is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals;
(c) 
Has been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17;
(d) 
Is a multiple dwelling that was constructed prior to 1978 and has been registered with the NJ Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has either:
[1] 
No outstanding lead-based paint violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.); or
[2] 
A current certificate of inspection issued by the NJ Department of Community Affairs, Bureau of Housing Inspection; or
[3] 
An open inspection with no violations for lead-based paint hazard;
(e) 
Has a valid lead-safe certification issued pursuant N.J.A.C. 5:28A-2.4. Lead-safe certifications are valid for two years from the date of issuance.
(3) 
Timing of inspection.
(a) 
The initial inspection of all single-family, two-family and multiple dwelling rental units subject to this section shall take place upon tenant turnover or no later than July 22, 2024, whichever is earlier.
(b) 
After the initial inspection, all such rental dwelling units shall be inspected for lead-based paint hazards each time there is tenant turnover, or at least once every three years, whichever is earlier. However, if the landlord has a valid lead-safe certification, under N.J.A.C. 5:28A-2.4, the dwelling unit will not need to be inspected.
(c) 
Each subsequent periodic lead-based paint inspection shall be counted from the most recent inspection which resulted in a valid lead-safe certification.
(4) 
Every inspection for which the landlord, tenant, owner or agent has failed to provide access for the inspection shall be deemed a failed inspection.
(5) 
Cancelation of inspection. Scheduled inspections or reinspections may be canceled by the Department of Code Enforcement, if the completed application and fees have not been received by the City at least 24 hours prior to the scheduled inspection, or on the last working day prior to the scheduled inspection. If the owner, landlord and/or agent cancels the inspection at the last minute, a no-show fee will be imposed.
(6) 
Option for inspection by the owner's certified lead evaluation contractor. A dwelling unit owner or landlord may opt, instead, to directly hire a licensed lead evaluation contractor who is certified to conduct periodic lead-based paint inspections to satisfy the requirements of this section, N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq. The owner will provide the City with a copy of the lead-safe certificate and, pursuant to N.J.A.C. 5:28-2.2, pay a $20 fee which will be deposited in the New Jersey Lead Hazard Control Assistance Fund.
(7) 
Notwithstanding the option specified in Subsection C(6), the City retains the authority to conduct inspections or investigations of landlords or owners that directly hire lead evaluation contractors to ensure that periodic lead-based paint hazard inspections are being performed in accordance with this chapter, where:
(a) 
The owner previously opted to hire a lead evaluation contractor to perform the periodic lead-based paint inspection and failed to have the inspection completed; or
(b) 
The City determines there is a conflict of interest between the owner and their lead-evaluation contractor of choice.
(8) 
If no lead-based paint hazards are identified, then the dwelling will be certified as lead-safe on a form prescribed by the New Jersey Department of Community Affairs and supply a copy of the lead-safe certification to the landlord, owner and/or agent of the dwelling. If lead-based paint hazards are identified, the City will follow the procedures specified below in Subsection F, which is entitled "Remediation."
(9) 
If a lead-based paint hazard is identified in an inspection of one of the rental dwelling units in a building consisting of two- or three-dwelling units, then in accordance with N.J.S.A.52:27D-437.16g(3), the remaining dwelling units shall be inspected, unless those units have been certified to be free of lead-based paint.
(10) 
The lead-safe certification shall be valid for two years from the date of issuance, unless during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor, or a local health department or public agency conducts an independent inspection or risk assessment and determines that there is a lead-based paint hazard, in which case the certification shall become invalid.
(11) 
Whenever any dwelling unit is scheduled for a tenant turnover, the then-current landlord, owner and/or agent shall provide written notice to the Department of Code Enforcement, no later than 15 calendar days prior to the scheduled date of tenant turnover, that an inspection is needed and pay all applicable and required inspection fees.
D. 
Fees for inspection.
(1) 
The fee for a dust wipe sampling inspection shall be based on the City's actual cost and may vary based on the square footage and number of bedrooms in a rental unit.
(2) 
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit shall be assessed for the purpose of the Lead Hazard Control Assistance Act,[1] unless the owner demonstrates that the New Jersey Department of Community Affairs has already assessed the additional inspection fee of $20. The fees collected pursuant to this subsection shall be deposited into New Jersey's Lead Hazard Control Assistance Fund, established pursuant to N.J.S.A. 52:27D-437.4.
[1]
Editor’s Note: See N.J.S.A. 52:27d-437.1 et seq.
(3) 
In a common-interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the homeowners' association is the owner of the unit.
E. 
Use of dust wiping or visual assessment method.
(1) 
At the time of enactment of P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.16), the New Jersey Department of Community Affairs identified the City of Camden as a municipality in which at least 3% of children tested, six years of age or younger, have blood lead level greater than or equal to five ug/dL according to the central lead screening database maintained by the New Jersey Department of Health pursuant to Section 5 of P.L. 1995, c. 328 (N.J.S.A. 26:2-137.6), then the City of Camden shall inspect for lead-based paint hazards through dust wipe sampling.
(2) 
If, in the future, the New Jersey Department of Community Affairs designates the City of Camden as a municipality in which less than 3% of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, then inspection required by this section shall be performed through a visual assessment.
F. 
Remediation.
(1) 
If lead-based paint hazards are identified, the Department of Code Enforcement, or lead evaluation contractor, shall notify the New Jersey Department of Community Affairs, Division of Local Government Services, who will review the findings in accordance with Section 8 of the "Lead Hazard Control Assistance Act," P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.8).
(2) 
The owner, landlord, and/or agent of the dwelling shall remediate the lead-based paint hazard using lead abatement or interim controls. The owner shall choose the appropriate remediation mechanism.
(3) 
Interim controls shall be performed in accordance with the requirements of HUD at 42 U.S.C. § 4851b and detailed within HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
(4) 
Abatement work shall be performed in accordance with the requirements of the Lead Hazard Evaluation and Abatement Regulations, N.J.A.C. 5:17.
(5) 
Any relocation of tenants required pursuant to a remediation shall be undertaken in accordance with applicable law.
(6) 
Upon conclusion of the remediation, the following procedure shall be followed:
(a) 
If the owner utilized interim controls for remediation, the Housing Inspector, or lead evaluation contractor, shall conduct an additional inspection within 60 days of the initial inspection by using dust wipe sampling. If the inspection shows that the lead-based paint hazard no longer exists, a lead-safe certification will be issued and the certification shall be valid for a period of two years from the date of issuance; and
(b) 
If the owner utilized lead abatement for remediation, and a lead abatement certificate has been issued in accordance with N.J.A.C. 5:17, then the lead-free certificate issued at the final clearance inspection shall exempt the dwelling from future periodic lead-based paint inspections.
G. 
Violations.
(1) 
Pursuant to N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-4.1, the Housing Inspector is authorized to conduct investigations and issue penalties in order to ensure a rental dwelling's landlord's, owner's or agent's compliance with this section.
(2) 
The owner of the dwelling shall first be given a period of 30 calendar days to cure any violation by conducting the required inspection or initiating any required remediation efforts.
(3) 
If the owner of the dwelling has not cured the violation within that time period, they shall be subject to a penalty, not to exceed $1,000 per week, until the required inspection has been conducted or the remediation efforts have been initiated.
(4) 
Remediation efforts shall be considered to be initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.
(5) 
Owners who fail to maintain valid lead-safe certificates are prohibited from renewing their annual rental licenses.
H. 
Owner responsibility for record-keeping. The landlord, owner and/or agent shall:
(1) 
Provide to the tenant and the City of Camden evidence of a valid lead-safe certification obtained pursuant to this section at the time of tenant turnover and affix a copy of such certification as an exhibit to the tenant's lease.
(2) 
Provide evidence of a valid lead-safe certification obtained pursuant to this section, as well as evidence of the most recent tenant turnover, at the time of any cyclical inspection performed pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
(3) 
Maintain a record of lead-safe certification, which shall include the name or names of a dwelling unit's tenants, if inspection was conducted during the period of tenancy.
(4) 
Inform the City of Camden of all tenant turnover activity to ensure that any required inspection may be scheduled.
(5) 
Provide a copy of this section, and any lead-safe certifications issued pursuant thereto, along with the accompanying guidance document, "Lead-Based Paint in Rental Dwellings," to any prospective owners of the dwelling during a real estate transaction, settlement, or closing.
I. 
Municipal oversight and recordkeeping responsibility.
(1) 
Pursuant to N.J.A.C. 5:28A-2.1(d), the Department of Code Enforcement shall exercise appropriate oversight of a landlord or owner who chooses to hire a lead evaluation contractor to perform the periodic lead-based paint inspection.
(2) 
Pursuant to N.J.A.C. 5:28A-3.2, the Department of Code Enforcement shall maintain a record of all dwellings subject to this section, which shall include up-to-date information on inspection schedules, inspections results, and tenant turnover.
(3) 
The Department of Code Enforcement shall maintain a record of all lead-safe certifications issued pursuant to N.J.A.C. 5:28A-2.4.
(a) 
If a lead evaluation contractor performs inspections for the City, the lead evaluation contractor shall provide a copy of the lead-safe certification to the City.
(b) 
When the owner hires a lead evaluation contractor to perform the inspections, the lead evaluation contractor shall provide a copy of the lead-safe certification to the City.
(4) 
The Department of Code Enforcement shall maintain a record of all lead-free certifications that have been issued pursuant to N.J.A.C. 5:17.
Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
A. 
If, after the notice and hearing, the Supervisor of Housing Inspection determines that the dwelling under consideration is unfit for human habitation, as herein defined, he shall state, in writing, his findings of fact in support of such determination. He shall then issue and cause to be served upon the owner thereof and parties in interest an order. The order shall require the repair, alteration or improvement of said dwelling to be made by the owner within a reasonable time, which time shall be set forth in the order, and it shall give the option to the owner to vacate or have said dwelling vacated and closed within the time set forth in the order.
[Amended 8-13-1981 by Ord. No. MC-1766]
B. 
If the dwelling 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 dwelling within the time specified in the order described in Subsection A hereof, then the owner shall be required by a further order to remove or demolish said dwelling within a reasonable time, as specified in said order of removal.
C. 
The orders referred to in Subsections A and B of this section shall be served upon the owner and parties in interest in the manner provided in § 450-9 hereof.
[Amended 8-13-1981 by Ord. No. MC-1766]
Complaints, notices and orders issued by the Supervisor of Housing Inspection pursuant to this chapter shall be served upon persons either personally or by registered or certified mail. If the whereabouts of such persons is unknown and the same cannot be ascertained by the Supervisor of Housing Inspection in the exercise of reasonable diligence, and he shall make an affidavit to that effect, then the serving of such complaint, notice or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper which complies with the requirements of state and local laws for the publication of legal advertising for the City. A copy of such complaint, notice or order shall be posted in a conspicuous place on the premises affected by the complaint, notice or order. A copy of such complaint, notice or order shall be duly recorded or lodged for record with the Register of Camden County.
[Amended 8-13-1981 by Ord. No. MC-1766]
A. 
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 dwelling, the Supervisor of Housing Inspection may cause such dwelling to be repaired, altered or improved or to be vacated and closed. The Supervisor of Housing Inspection may cause to be posted on the main entrance to any dwelling so closed a placard with the following words: "This dwelling is unfit for human habitation or occupancy or use; the use or occupation of this dwelling is prohibited and unlawful."
B. 
If the owner fails to comply with an order to remove or demolish the dwelling, the Supervisor of Housing Inspection may cause such dwelling to be removed or demolished or he may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
A. 
The amount of the cost of filing legal papers, expert witnesses' fees, search fees and advertising charges in the course of any proceeding taken under this chapter determined in favor of the City and such repairs, alterations or improvements or vacating and closing or removal or demolition, as the case may be, shall be a municipal lien against the real property upon which such cost was incurred.
B. 
If the dwelling is removed or demolished by the Supervisor of Housing Inspection, he shall sell the materials of such dwelling. The proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the dwelling shall be credited against the cost of the removal or demolition thereof. If there are no such credits or if the total sum of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed as a lien certificate with the City Tax Assessor or other custodian of the records of the liens, and a copy thereof shall be sent forthwith to the owner by registered mail.
[Amended 8-13-1981 by Ord. No. MC-1766]
C. 
If the total of the credits exceeds such costs, the balance remaining shall be deposited by the Supervisor of Housing Inspection in the Superior Court of New Jersey and shall be secured in such manner as may be directed by such Court. The proceeds shall be disbursed according to the order or judgment of such Court to the persons found entitled thereto by final order or judgment of the Court. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court of New Jersey to contest the reasonableness of the amount or the accuracy of the costs set forth in the lien certificate.
[Amended 8-13-1981 by Ord. No. MC-1766]
[Amended 8-13-1981 by Ord. No. MC-1766]
The Supervisor of Housing Inspection 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 dwelling conditions in the City in order to determine which dwellings therein are unfit for human habitation.
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 purpose of this chapter.
E. 
To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
[1]
Editor's Note: For related provisions, see Ch. 7, Administration of Government, § 7-61, Bureau of Housing Inspection.
Nothing in this chapter shall be construed to abrogate or impair the powers of the City or of any officer or any department of the City to enforce any provisions of its Charter or other state law or other ordinances or regulations nor to prevent or punish violations thereof. The powers conferred by this chapter and the provisions thereof shall be in addition and supplemental to the provisions of any other chapter of this Code or other ordinances of the City.
Nothing in this chapter shall be construed to impair or limit, in any way, the power of the City to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
[Amended 4-9-1987 by Ord. No. MC-2289; 10-12-2006 by Ord. No. MC-4234]
Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-15.