[HISTORY: Adopted by the Mayor and Council of the Borough
of Wood-Ridge 8-15-1994 by Ord. No. 94-21 (Ch. 116 of the 1986
Code). Amendments noted where applicable.]
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purposes of this
chapter, unless a different meaning clearly appears from the context:
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
The Council.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who or which
have an interest of record in a building and any who or which are
in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire, building regulations or to other
activities concerning buildings in the municipality.
The officer, officers, board or body who or which is or are
authorized by this chapter to exercise the powers prescribed by this
chapter and N.J.S.A. 40:48-2.3 et seq.[1]
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.
A.
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.
B.
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
said order of removal.
C.
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 for and receipt of bids therefor.
A.
The cost of the filing of legal papers, expert witness fees, search
fees and advertising charges incurred in the course of any proceeding
taken under this chapter shall be determined in favor of the municipality.
B.
Such 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 public officer,
he shall sell the materials of such building, and there shall be credited
against the cost of the removal or demolition thereof, including the
clearance and, if necessary, leveling of the site, 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 cost 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 forthwith be forwarded
to the owner by registered mail. If the total of the credits exceed
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. 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.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the public officer may, after taking such measures as may be necessary
to make such buildings temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
Nothing in this chapter 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, nor is anything in this chapter intended to limit the authority
of the enforcing agency or Construction Code Official under the State
Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119
et seq.) or any rules or regulations adopted thereunder.
A.
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 the Borough.
B.
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;
and uncleanliness.
Complaints or orders issued by a public officer pursuant hereto
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 Borough or, in the absence of such newspaper, in
one printed and published in the county and circulating in the Borough.
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 for record with the
Bergen County Recording Officer.
Any person aggrieved by an order issued by the public officer
under this chapter may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
public officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the public officer
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the public officer.
The public officer may 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 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 examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
Nothing in this chapter shall be construed to abrogate or impair
the powers of any department of the Borough to enforce any provisions
of the Borough's ordinances or regulations or to prevent or punish
violations thereof, and the powers conferred by this chapter shall
be in addition and supplemental to the powers conferred by any other
law.
