[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 5-6-2002 by Ord. No. 492.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Occupancy permits — See Ch. 82.
Uniform construction codes — See Ch. 88.
Garbage, rubbish and refuse — See Ch. 131.
Land use — See Ch. 150.
[1]
Editor's Note: This ordinance also repealed former Ch. 181,
adopted 9-2-1997 by Ord. No. 446.
[Added 10-10-2023 by Ord. No. 736]
Council of the Borough of Buena finds that there exists in the
Borough buildings which are unfit for human habitation or occupancy,
or use, due to dilapidation, defects increasing the hazards of fire,
accidents or other calamities, lack of ventilation, light or sanitation
facilities, or due to other conditions rendering such building or
buildings, or part thereof, unsafe or insanitary, or dangerous or
detrimental to the health or safety or otherwise inimical to the welfare
of the residents of the Borough.
[1]
Editor's Note: Former § 181-1, Standards adopted
by reference, was repealed 5-28-2013 by Ord. No. 609.
[Added 5-28-2013 by Ord. No. 609; amended 9-12-2016 by Ord. No. 642; 7-16-2018 by Ord. No. 662]
A certain document, three copies of which are on file in the office of the Clerk of the Borough of Buena, being marked and designated as the "International Property Maintenance Code, 2018 Edition," and as subsequently amended, as published by the International Code Council, be and is hereby adopted as the property maintenance code of the Borough of Buena in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the Office of the Clerk of the Borough of Buena are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 181-1.2.
[Added 5-28-2013 by Ord. No. 609; amended 9-12-2016 by Ord. No. 642; 7-16-2018 by Ord. No. 662]
The following sections of the International Property Maintenance
Code, 2018 Edition, and as subsequently amended, are hereby amended
and revised in the following respects:
A.
Section 101.1. Insert: "Borough of Buena."
B.
Section 102.3. Insert: "Nothing in this Code shall be construed to
cancel, modify, set aside any provision of any ordinance or code except
to the extent of a conflict herewith."
C.
Section 103.5. Insert: $50 to $1,000 or as outlined in all Borough
ordinances and regulations."
D.
Section 106.3. Insert: "For purposes of costs of use of equipment,
the Borough adopts the FEMA Schedule of Equipment Rates 44 CFR § 206.228.
Rates for equipment not listed will be charged according to actual
costs. Additional costs for personnel and soft costs will be in addition
hereto."
E.
Section 111 shall be deleted in its entirety.
F.
Section 112.4. Insert: "not less than $250 or more than $1,000."
G.
Section 302.4. Insert: "eight inches in height."
H.
Section 304.14. Insert: "from May 1 to October 1."
I.
Section 602.3. Insert: "from October 1 to May 1."
J.
Section 602.4. Insert: "from October 1 to May 1."
[Added 5-28-2013 by Ord. No. 609; amended 9-12-2016 by Ord. No. 642;; 7-16-2018 by Ord. No. 662]
All ordinances or parts of ordinances inconsistent with this
amending article are hereby repealed to the extent of their inconsistencies
only.
[Added 5-28-2013 by Ord. No. 609; amended 9-12-2016 by Ord. No. 642]
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough Council of the Borough of Buena hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Further, nothing in this chapter or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 181-1.3 of this chapter nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Nothing in this chapter shall be construed to abrogate or impair the power of the Borough of Buena or any officer or department to enforce any provisions of its ordinances or regulations nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.
[Added 10-10-2023 by Ord. No. 736]
The President of Borough Council and the members of Buildings,
Grounds, and Improvements Committee of the Council are hereby appointed
as the public officer to exercise all powers granted to the public
officer under the provisions of this chapter, or P.L. 1942, c. 112
(N.J.S.A. 40:48-2.3 et seq.). Notwithstanding the foregoing, any two
or more members of the Committee or the President of Borough Council
and any one or more members of the Committee shall have the authority,
on a case by case basis, to exercise the powers granted to the public
officer by this chapter or P.L. 1942, c. 112, provided that the number
of persons exercising the powers of the public officer does not exceed
three for any single hearing conducted by, or decision made by, the
public officer. The persons exercising the power of the public officer
shall be determined, on a case by case basis, by those persons eligible
under this section to otherwise exercise the powers of the public
officer.
[1]
Editor's Note: Former § 181-2, Amendments to International
Property Maintenance Code, was repealed 5-28-2013 by Ord. No. 609.
[Added 10-10-2023 by Ord. No. 736]
For the purpose of this chapter, the public officer may determine
that a dwelling, structure or building is unfit for human habitation,
use or occupancy, if the public officer finds that conditions exist
in such dwelling, structure or building which are dangerous or injurious
to the health or safety of the occupants of such dwelling, structure
or building, the occupants of neighboring dwellings, structures or
buildings, or other residents of the Borough of Buena. 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 other
sanitary facilities; dilapidation; disrepair; structural defects;
or uncleanliness; and failure to comply with the requirements of the
building code or the certificate of occupancy.
[1]
Editor's Note: Former § 181-3, Determination that
dwelling is unfit for human habitation, was repealed 5-28-2013 by
Ord. No. 609.
[Amended 9-13-2021 by Ord. No. 702; 10-10-2023 by Ord. No. 736]
Whenever a petition is filed with the public officer by a public
authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the Borough charging that any building is unfit for human habitation
or occupancy or use, as herein defined, or whenever it appears to
the public officer that any building is unfit for human habitation
or occupancy or use, as herein defined, the public officer shall,
if their 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 their designated agent, at a place therein fixed not less
than seven days nor more than 30 days after the serving of said complaint;
that the owners 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; and
that the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the public officer.
[Amended 9-13-2021 by Ord. No. 702]
If, after such notice and hearing, the Code Enforcement Officer
determines that the building under consideration is unfit for human
habitation or occupancy or use as herein defined, 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:
A.
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 to have
said building vacated and closed within the time set forth in the
order;
B.
If the building is in such 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, that the owner remove or demolish said building within
a reasonable time as specified in said order of removal;
C.
That, 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 Code Enforcement Officer may cause such building to
be repaired, altered or improved or to be vacated and closed and that
the Code Enforcement Officer may cause to be posted on the main entrance
of any building so closed a placard with the following words: "Condemned
as unfit for human occupancy or use; the use or occupation of this
building is prohibited and unlawful";
D.
That, if the owner fails to comply with an order to remove or demolish the building, the Code Enforcement 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. Furthermore, in the event that the owner fails to comply with the Code Enforcement Officer's order within the time specified, such failure shall be considered a violation of this chapter, subjecting the owner to the penalties set forth in § 181-9 of this chapter. Each day that the Code Enforcement Officer's order is not complied with shall be considered a separate offense, subjecting the owner to penalties for each day of noncompliance; and
E.
That the amount 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 chapter determined in favor
of the municipality and the cost of such repairs, alterations or improvements
or 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 Code Enforcement 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 the custodian
of the records of tax liens, and a copy thereof shall be forthwith
forwarded to the owner by certified mail. If the total of the credits
exceeds the costs, the balance remaining shall be deposited in the
Superior Court by the Code Enforcement 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,
however, 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.
[Added 10-10-2023 by Ord. No. 736]
Complaints or orders issued by the public officer pursuant to
this chapter shall be served upon persons either personally or by
certified mail, but if the whereabouts of such persons are unknown
and the same cannot be ascertained by the public officer, or their
designee, in the exercise of reasonable diligence, and the public
officer, or their designee, 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 each week for three successive
weeks in a newspaper circulating in the Borough of Buena. A copy of
such complaint or order shall be posted in a conspicuous place on
the premises affected by the complaint or order, and a copy of such
complaint or order shall be duly recorded or lodged for record with
the county recording officer.
[1]
Editor's Note: Former § 181-6, Service of complaints
or orders, was repealed 5-28-2013 by Ord. No. 609.
[Added 10-10-2023 by Ord. No. 736]
The public officer is authorized to exercise such powers as
may be necessary or convenient to carry out and effectuate the purposes
and provisions of this chapter, and the enabling legislation, 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 deems necessary to carry out the purposes of this chapter; and
e) to delegate any of his functions and powers under the ordinance
to such officers and agents as he may designate. Any action taken
using revenues derived from the local property tax shall be taken
only after advertisement for, and receipt of, bids therefor, pursuant
to the provisions of the "Local Public Contracts Law," P.L. 1971,
c. 198 (N.J.S.A. 40A:11-1 et seq.), unless the action is necessary
to prevent imminent danger to life, limb or property.
[1]
Editor's Note: Former § 181-7, Powers and duties
of Code Enforcement Officer, was repealed 5-28-2013 by Ord. No. 609.
No person shall occupy as owner/occupant or rent to another
for occupancy any dwelling or dwelling unit, for the purpose of living
therein, which does not conform to the provisions of the International
Property Maintenance Code, established hereby as the standard to be
used in determining whether a dwelling is safe, sanitary and fit for
human habitation.
In addition to the fines and penalties in § 181-9 of this chapter, in case of any unlawful acts, the Code official shall institute an appropriate action or proceeding at law for the purpose of ordering that person:
A.
To restrain, correct or remove the violation or refrain from any
further execution of work;
B.
To restrain or correct the erection, installation, maintenance, repair
or alteration of such structure;
C.
To require the removal of work in violation; or
D.
To prevent the occupancy of the structure that is not in compliance
with the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair
the power of the municipality or any officer or department to enforce
any provisions of its ordinances or regulations. The powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred upon the city by any other law or ordinance.
