A 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 City of North Wildwood. Such conditions
shall be deemed to 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;
uncleanliness; or the failure to comply with the requirements of the
building code or the certificate of occupancy.
Complaints or orders issued by a public officer pursuant to
this chapter shall be served upon persons either personally or by
registered mail or by certified mail, return receipt requested, 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 the official newspaper
as designated by resolution of the governing body. A copy of such
complaint or order shall be posted in a conspicuous place on premises
affected by the complaint or order. 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 building is located.
Any person aggrieved by an order issued by a 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. As provided by the provisions of
N.J.S.A. 40:48-2.8, the remedy herein provided shall be exclusive,
and no person affected by an order of a 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.