[Adopted 3-27-2014 by Ord. No. 4-2014]
The Somers Point Construction Official and Code Enforcement Officer is hereby designated as the public officer to exercise the powers prescribed by this article of Chapter 169.
For the purposes of this article of Chapter 169, the public officer may determine that a building or structure is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are or may become dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the City of Somers Point. Such conditions may include the following, without limiting the generality of the foregoing:
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.
D.
Conditions otherwise deemed by the public official to be inimical
to the welfare of the residents of the City of Somers Point.
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.
A hearing will be held before the public officer (or his designated
agent) at a place therein fixed not less than seven calendar days
nor more than 30 calendar days after the serving of said complaint;
B.
That 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; and
C.
That the rules of evidence prevailing in the courts shall not be
controlling in hearings before the public officer.
A.
Issuance of order. 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:
(1)
Requiring the repair, alteration or improvement of the 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 the said building vacated and closed within the time set forth
in the order; and
(2)
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 said building within the
time specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the order of removal.
B.
Posting of notice on building or structure. 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 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."
C.
Authority to demolish building or structure in the event of noncompliance.
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 make contract for the removal or demolition thereof
after advertisement for and receipt of bids thereof.
D.
Recovery of costs and lien on property. The total amount of the cost
of filing of legal papers, expert witness' fees, search fees and advertising
charges incurred in the course of any proceeding taken under this
chapter determined in favor of the municipality and such cost of such
repairs, alterations or improvements, where 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 costs were 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, including the cost of clearing and, if necessary,
leveling of the site, the proceeds of any sale of any 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 amounts so due shall be filed with
the Somers Point 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, return receipt requested. 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 dispersed according
to the 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 any actual and immediate danger to life is imposed by the
threatened collapse of a fire-damaged or structurally unsafe building,
the public officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
Nothing in this article shall be construed to impair or limit
in any way the power of the City to define and declare nuisances to
cause the removal or abatement by summary proceedings or otherwise,
nor is anything in this chapter intended to limit the authority of
the Construction Code Official under the State Uniform Construction
Code Act (N.J.S.A. 52:27D-119 et seq.), the BOCA International Property
Maintenance Code, or any rules or regulations adopted under either
such code.
A.
Complaints or orders issued by the public officer pursuant to this
chapter shall be served upon the owner or owners resident in the City
of Somers Point in person or by leaving the same at his or her usual
place of residence with a member of his family above the age of 14
years or by sending same to the owner by registered mail, return receipt
requested. The public officer or his designee shall prepare and file
an affidavit of service confirming the date, time and person upon
whom served if made by personal service.
B.
In case any such owner shall not reside in the City of Somers Point,
notice may be served upon him or her personally or by registered mail
to his or her last known post office address or it may be served upon
the occupant of the property or upon the agent of the owner in charge
thereof.
C.
Service of notices may be made upon the said owner, lessor and agent,
as being sufficient notice to the owner or lessor, and for the service
of any such notice by posting it upon the premises in a conspicuous
place where the owner or lessor has failed to register his premises
with the municipal clerk as required by the registration ordinance
and designate an agent in respect to the premises, residing in the
municipality or where such an agent has been designated but cannot
be found at the address given in the registration.
D.
In case the whereabouts of such persons is unknown and the same cannot
be ascertained by said public officer in the exercise of reasonable
diligence, 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 the newspaper printed and published
in the County of Atlantic and circulated in the City. 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 of Atlantic County.
E.
Notice to infant owners or owners of unsound mind shall be served
upon their guardians. Where lands are held in trusts, service shall
be made upon the trustee. Where lands are held by two or more joint
tenants, tenants in common or tenants by the entirety, service upon
one of such owners shall be sufficient and shall be deemed taken as
notice to all.
Any person aggrieved by an order issued by the public officer
under this article may, within 30 calendar 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 the 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 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,
in addition to others herein granted:
A.
To investigate the conditions of buildings in the City of Somers
Point in order to determine which buildings 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 examination, provided
that such entry shall be made in such manner as to cause as minimal
inconvenience as is practicable under the circumstances to the persons
in possession.
D.
To appoint and fix the duties of such officers, agents and employees
that he deems necessary to carry out the purposes of this article.
E.
To delegate any of his functions and powers under this article to
such officer and agents as he may designate.
Nothing in this article shall be construed to abrogate or impair
the power of the City or of any officer or department to enforce any
provisions of other chapter or chapters its ordinances, code or regulations,
nor to prevent or punish violations thereof, and powers conferred
by this article in this chapter shall be in addition and supplemental
to the powers conferred upon the City by any other law or ordinance.
In the event that any building or structure is removed or demolished
pursuant to this article of this chapter because it is found to be
dangerous to human life or the public welfare or because it constitutes
a fire hazard, the City Council, in addition to assessing the cost
of such removal or demolition as a municipal lien against the premises,
may force the payment of such assessment, together with interest,
as a debt of the owner of the premises and may also institute an action
at law for the collection thereof.
No exemption from inspection pursuant to the provisions of Section
3 of P.L. 1967, c. 76 (N.J.S.A. 55:13A-3) shall prevent any municipality
from adopting an ordinance to provide for the inspection of buildings
to assure the health, safety and public welfare of the municipality
and its residents. Under that authority the provisions of this article
shall apply to hotels and multiple dwelling structures within the
City of Somers Point.
Under the authority granted pursuant to N.J.S.A. 40:48-2.12g,
upon receipt of a written recommendation from the Construction Official
and Code Enforcement Officer of the City of Somers Point to the City
Administrator and the City Clerk regarding any building determined
by the Construction Official and Code Enforcement Officer to meet
the criteria of this article, the governing body may by resolution
setting forth the reasons and supporting facts, appoint a custodian
of any such building or structure on behalf of the municipality, who
may be either an officer of the municipality or any other person specially
designated to enter into and take charge of the premises and supervise
abatement of the nuisance, the correction of the defective condition,
or the maintenance of the premises in a proper condition so as to
conform to the requirements of municipal ordinances and state laws
applicable thereto. In any such case, the compensation of the custodian
shall be based upon the hourly rate, including overheads, set forth
in the then current salary ordinance of the City of Somers Point or
shall be based upon the receipt of the lowest responsible proposal
if the custodian is not an officer of the City; and the costs and
expenses shall be collectible as provided in this article.
