[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-12-1991 by Ord. No. 1,032 as Ch. 114 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 213.
Property maintenance — See Ch. 352 and Ch. 367.
Public health nuisances — See Ch. 358.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
DWELLING
Any building or structure or part thereof used and occupied for human habitation or intended to be so used, whether abandoned or not, and any other structure, whether used and occupied for commercial, storage or any other purpose or intended to be so used, whether abandoned or not, and includes any outhouses and appurtenances thereto or usually enjoyed therewith.
GOVERNING BODY
The Council of the Borough.
OWNER
The holder of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a dwelling and any who are in possession thereof.
PUBLIC OFFICER
The officer authorized under this article to exercise the powers set forth in this article.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Department of Community Affairs and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in the Borough of Lincoln Park are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this article, and three copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Whenever the proper officials of the Borough designated in this article find that there exists in the Borough a dwelling unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accident or other calamities; lack of ventilation, light or sanitary facilities; or due to other conditions rendering such dwelling unsafe or unsanitary or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Borough, the officials shall exercise the power vested under this article and under the law of the state to repair, close or demolish the dwelling in the manner set forth in this article.
[Amended 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
The Municipal Administrator or the Construction Official acting in his behalf is hereby designated and appointed as the public officer to exercise the powers set forth in this article. The Mayor may, from time to time, designate any other person or persons to act in the place of the Municipal Administrator as public officer.
The public officer may determine that a building is unfit for human habitation or 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 such municipality. Such conditions may 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; or uncleanliness.
The public officer or other official designated under this article may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article, including but not limited to the following powers, in addition to the others granted in this article:
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 and affirmations, examine witnesses and receive evidence.
C. 
To enter upon premises for the purpose of making examination, provided that such entry is 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 article.
E. 
To delegate any of his functions and powers under this article to such officers and agents as he may designate.
[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019; 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
Whenever a petition is filed with the public officer by the Construction Official, Registered Environmental Health Specialist (REHS) or any other officer in charge of any department of the municipality relating to health, fire, building regulations or activities concerning dwellings in the Borough, or by at least five residents of the Borough, charging that any dwelling in the Borough is unfit for human habitation or is inimical to the welfare and dangerous to the health and safety of the residents of the Borough, the public officer shall, if a preliminary investigation discloses a basis for such charge, issue and cause to be served upon the owner of and the parties of interest in such dwelling, with a copy to the Mayor and Council, a complaint, stating the charges in that respect and containing a notice that a public hearing will be held before the public officer or his designated agent at a place set forth in the notice and at a time that shall not be less than seven days nor more than 30 days after the serving of the 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 time and place fixed in the complaint. The public officer shall not be bound by the rules of evidence prevailing in courts of law or equity.
A. 
After such notice and hearing, if 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 the 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 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 the building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal.
Complaints or orders issued by the public officer pursuant to this article 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. 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 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."[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
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.
The collection 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 article determined in favor of the municipality and such costs 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. If the building is removed or demolished by the public officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof 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, provided that 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. 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Every tenement house, dwelling and building and every part thereof shall be kept clean and free from any accumulation of dirt, filth, garbage, rubbish or other objectionable matter in or about the same or in any yard, passage area or alley connected with or belonging to the same. The owner, tenant or lessee of any tenement house, dwelling and building or part thereof shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies and drains of the house or part of the house of which he is the owner, tenant or lessee.
B. 
Every building and its appurtenant premises shall, at all times, be kept clear and free from accumulation of dirt, filth, garbage or other detrimental matter affecting health.
The keeping of any tenement house or other house or building or any part thereof in such a state of uncleanliness or overcrowding of persons in any dwelling in such manner as to be dangerous to the health of persons dwelling therein is hereby prohibited and declared a nuisance.
All places of mercantile and factory-type businesses shall be equipped with proper and adequate toilet facilities, such as toilet and washbasin, with adequate water supply. Where more than five employees of different sex are employed, separate bathroom facilities shall be installed for each sex.
All buildings hereafter erected or constructed in the Borough and all buildings hereafter converted or to be converted, in whole or in part, shall conform to the following requirements:
A. 
The basement or cellar of any building shall be constructed as to be reasonably dry and adequately ventilated, and the foundation wall and floor shall be rodent proof.
B. 
In every dwelling unit containing two or more rooms, there shall be running water and at least one sink connected to an approved sewage disposal system. There shall also be therein at least one washbasin, one water closet and one bathtub or shower stall, all of which shall have a sufficient supply of hot and cold water and be of a type approved by the Department of Health.
C. 
Water closets, urinals, bathtubs and shower baths must be located in rooms separated from habitable rooms by floor-to-ceiling partitions and doors. Any rooms containing a water closet or urinal must have at least 10 square feet of floor area and at least 100 cubic feet of air space for each water closet and each urinal and must be directly ventilated to outer air by means of a window or ventilation duct. Sufficient ventilation facilities shall be provided in such rooms to ensure at least four complete changes of air per hour.
D. 
Every toilet room shall be lighted, either by natural or artificial light, so that all portions of the room shall be completely lighted at all times during occupancy.
The owner, lessee, tenant or occupant of every building or structure, with the right or ability of either to remedy or prevent the same, shall not cause any matter or thing to be done in or about any such building or structure dangerous or prejudicial to health.
[Amended 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
The provisions of this article shall be subject to enforcement by the Construction or Building Subcode Official, Zoning Officer, Registered Environmental Health Specialist (REHS), Health Officer or any other public official charged with the duty of enforcement.