[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 70-2 (Ch. VII, Sec. 7-2, of the 1974 Revised General Ordinances)]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the
"New Jersey State Housing Code" as approved by the Departments of
Health and Conservation and Economic Development and filed in the
Secretary of State's office is hereby adopted, and established as
a standard to be used as a guide in determining the fitness of a building
for human habitation or occupancy or use. A copy of the "New Jersey
State Housing Code" is annexed and made a part of this section without
the text being included herein.
Three copies of the same have been placed on file in the office
of the City Clerk and are available to all persons desiring to use
and examine the same.
[Amended by Ord. No. 79-15]
A Municipal Housing Officer, appointed by the City Council annually, shall administer and enforce the provisions of this article. In addition, the Housing Officer shall be responsible for the issuance of certificates of occupancy in accordance with § 380-72D of the Code of the City of Estell Manor, and such other duties as may, from time to time, be designated by resolution of the City Council.
The designated officer may determine that a building is unfit
for human habitation, occupancy or use if he finds that conditions
exist in the building which are dangerous or injurious to the health
and safety of the occupants of the building, the occupants of neighboring
buildings or other residents of the City. These 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Whenever a petition is filed with the Housing 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 Housing Officer (on his own motion)
that any building is unfit for human habitation or occupancy or use,
the Housing 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 Housing 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. 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. The rules of evidence prevailing in the
courts shall not be controlling in hearings before the Housing Officer.
If, after such notice and hearing, the designated official determines
that the building under consideration is unfit for human habitation,
occupancy or use, as herein defined, he shall state in writing his
findings of fact in support of the 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 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 to 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, that the owner remove or demolish the building within
a reasonable time as specified in the 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 designated official may cause such building to be repaired, altered
or improved, or to be vacated and closed. The designated official
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, occupancy or use, or occupancy or use; the use or occupation
of this building is prohibited and unlawful."
D.
If the owner fails to comply with an order to remove or demolish
the building, the designated official may cause the building to be
removed or demolished or may contract for the removal or demolition
thereof after advertisement for, and receipt of bids therefor.
E.
The amount of:
(1)
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 section shall be determined in favor of the City.
(2)
The cost of 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 designated official, he shall sell
the materials of such building. 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 costs and the amount so due shall be filed
with the City 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 designated official, 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 designated official 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 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, nor
is anything in this act intended to limit the authority of the enforcing
agency or construction 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Complaints or orders issued by the designated official pursuant
to this article shall be served upon persons either personally or
by registered mail, but if the whereabouts of the persons is unknown
and the same cannot be ascertained by the designated official in the
exercise of reasonable diligence, and the designated official shall
make an affidavit to that effect, then the serving of the complaint
or order upon such persons may be made by publishing the same once
in a newspaper printed and published in the County of Atlantic. A
copy of the complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order, and a copy of
the complaint or order shall be duly recorded or lodged for record
with the county recording officer of the county in which the building
is located.
No person shall occupy as owner or occupant or rent to another
for occupancy any building or building unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standards to be used
in determining whether a building is safe, sanitary and fit for human
habitation.
Notwithstanding anything to the contrary contained herein, designated
officials shall obtain the consent of the City Council by its resolution
before undertaking repairs or removal of any property hereunder.
[Adopted 12-2-2009 by Ord. No. 08-2009 (Ch. VII, Sec. 7-6,
of the 1974 Revised General Ordinances)]
Temporary housing is permitted in the City of Estell Manor based
upon a permit issued by the Zoning Officer if the Zoning Officer finds
that the owner/occupant of a single-family dwelling has been displaced
as a result of the residence becoming uninhabitable due to damage
caused by fire, natural disaster or other catastrophic event.
Any applicant for a temporary housing permit must, in addition
to meeting the criteria above, demonstrate the following:
A.
Prove that all current property taxes are paid.
B.
In the event that the temporary housing is based upon an uninhabitable
residence due to fire, natural disaster, or other catastrophic event,
that the applicant for the temporary use permit was the resident of
the property at the time that it became uninhabitable;
C.
The temporary use dwelling must be a minimum of 480 square feet and
be in compliance with all current building codes and health regulations
in effect at the time of the application for the temporary use permit.
A.
The Zoning Officer shall issue a temporary housing permit for a period
of six months, which term can be extended for an additional six months
(total 12 months) based upon a written justification for the additional
six months being presented to the Zoning Officer.
B.
Any renewals or extension beyond a twelve-month period of time can
only be approved by the Planning Board of the City of Estell Manor
in the form of a use variance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any property owner who violates the provisions contained herein, including an act of establishing a temporary housing facility without complying with the provisions of § 234-10 above, shall be subject to being cited for a violation of this article, which summons and violation notice shall be presented to the Estell Manor Municipal Court, and which penalty shall be as provided in Chapter 1, General Provisions, Article II, General Penalty.
