[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.]
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
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.
The Council of the Borough.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
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.
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.
The Municipal Administrator or the Construction Code 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.
Whenever a petition is filed with the public officer by the
Building Inspector, 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.
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]
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.
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.
Where more than two persons occupy any dwelling unit, food shall
not be prepared or cooked in any room used for sleeping purposes.
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.
The provisions of this article shall be subject to enforcement
by the Construction Code or Building Subcode Official, Zoning Officer,
Registered Environmental Health Specialist (REHS), Health Officer
or any other public official charged with the duty of enforcement.
