[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale as Ch. 47 of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 88.
Certificates of compliance — See Ch. 97.
Uniform construction codes — See Ch. 103.
Fire prevention — See Ch. 135.
Property maintenance — See Ch. 197.
Tax abatement for home improvements — See Ch. 233, Art. I.
Vacant/abandoned properties — See Ch. 245.
Public health nuisances — See Ch. 273.
[Amended 12-12-2010 by Ord. No. 2010:12]
The Mayor, Administrator and Borough Code Officials are designated
as the public officers to exercise the powers prescribed by this Ordinance.
For the purpose of this chapter, the Camden County Health Department
may determine that a dwelling is unfit for human habitation if it
finds that conditions exist in such dwelling which are dangerous or
injurious to the health or safety of the occupants of such dwelling,
the occupants of neighboring dwellings or other residents of the Borough
of Somerdale. Such conditions may include the following, without limiting
the generality of the foregoing:
Pursuant to the provisions of P.L. 1946, c. 21, N.J.S.A. 40:49-5.1,
the New Jersey State Uniform Construction Code Act, N.J.S.A. 52:27D-119
et seq., is hereby accepted, adopted and established as a standard
to be used as a guide in determining the fitness of a building for
human habitation, occupancy or use. A copy of the New Jersey State
Uniform Construction Code Act is annexed to this chapter, and three
copies of the same have been placed on file in the office of the Clerk
of the Borough of Somerdale and are available to all persons desiring
to use and examine the same.
[Amended 12-28-2011 by Ord. No. 2010:12]
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
of 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 any 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; 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 that the rules of evidence prevailing
in courts shall not be controlling in hearings before the public officer.
[Amended 12-12-2010 Ord. No. 2010:12]
That 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 hereof and parties in interest an order:
A.
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
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 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 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 public officer may cause such building to be repaired,
altered or improved, or to be vacated and closed; that 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 of 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 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 therefore.
E.
That 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 act determined in favor of the municipality;
and
(2)
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 pubic officer, 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 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 exceed such
costs, the balance remaining shall be deposited in the Superior Court
by the pubic 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.
(3)
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 building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
(4)
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 chapter intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act, (N.J.S.A. 52:27D-119 et seq.) or any rules
or regulations adopted thereunder.
[Amended 9-12-1990 by Ord. No. 90:09]
[Amended 9-12-1990 by Ord. No. 90:09]
Complaints or orders issued by the Board of Health of the Borough
of Somerdale or the Camden County Health Department pursuant to this
chapter 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 said Board of Health of the Borough of Somerdale
or the Camden County Health Department in the exercise of reasonable
diligence, and said Board of Health of the Borough of Somerdale or
the Camden County Health, Department 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 County of Camden. 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 the county in which the dwelling is located.
The Mayor, Administrator and Borough Code Officials are designated
as the public officers to exercise the powers prescribed by this Ordinance:
A.
Investigate the dwelling conditions in the Borough of Somerdale in
order to determine which dwellings therein are unfit for human habitation.
B.
Administer oaths and affirmations, examine witnesses and receive
evidence.
C.
Enter upon the premises for the purpose of making examination, provided
that such entries shall be made in such a manner as to cause the least
possible inconvenience to the persons in possession.
D.
Appoint and fix the duties of such officers, agents and employees
as it deems necessary to carry out the purposes of this chapter.
E.
Delegate any of its functions and powers under this chapter to such
officers and agents as it may designate.
Nothing in this chapter shall be construed to abrogate or impair
the power of the Borough of Somerdale or any officer or department
to enforce any other provisions or any other 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 municipality by any other law or ordinance.
[Amended 9-12-1990 by Ord. No. 90:09]
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 New Jersey
State Uniform Construction 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 remedies already provided above, the enforcing
authorities may file an appropriate complaint in the Municipal Court
of the Borough of Somerdale.
