[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim 4-27-1937 by Ord. No. 110 (Ch. 38 of the 1973 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Certificate of continued occupancy — See Ch. 121.
Uniform construction codes — See Ch. 127.
Fire insurance claims — See Ch. 177.
Fire prevention — See Ch. 183.
Housing standards — See Ch. 222.
Property maintenance — See Ch. 310.
Vacant properties — See Ch. 406.
Zoning — See Ch. 525.
It shall be unlawful to construct or maintain in the Borough of Mount Ephraim, County of Camden and State of New Jersey, any building or a part of any building, sagging wall or other structure that from any cause may now be or which at any time hereafter may become dangerous to life or health or which may tend to extend a conflagration.
Any such building or part of building, sagging wall or other structure, within the provisions of § 116-1 of this chapter, shall be taken down and removed or made safe and secure in accordance with the provisions of this chapter.
A. 
Upon the filing of a complaint by any person, firm or corporation with the Borough Clerk, addressed to the Borough Commissioners of the Borough of Mount Ephraim, that any building or any part of any building, or any sagging wall or other structure, maintained or being constructed in the Borough of Mount Ephraim, is unsafe or dangerous, or that any such structure by reason of its condition might tend to extend a conflagration, the said Borough Clerk shall cause such complaint to be entered on his minutes. Every such complaint shall set forth:
(1) 
The name and address of every person, firm or corporation interested as owner, lessee or otherwise, including a mortgagee or mortgagees, known to the complainant as having any interest in said structure.
(2) 
A description of the property affected, sufficiently definite to identify the same.
(3) 
The particulars in which said structure is alleged to be unsafe or dangerous.
(4) 
The length of time, if the same can be given, during which said structure has been maintained in such unsafe and dangerous condition.
(5) 
A request that the Board of Commissioners of the Borough of Mount Ephraim take appropriate action to have such structure repaired or removed and the premises on which the same is located made safe and free from danger.
(6) 
A request for a hearing to be had before the said Board of Commissioners on such complaint.
B. 
Each and every complaint, as herein provided for, shall be signed by complainant and the facts set forth therein shall be verified by the oath of the person or persons so complaining.
A. 
Upon the filing of such complaint, the Borough Clerk shall immediately notify the Building Inspector of the Borough of Mount Ephraim and said Building Inspector shall make a personal inspection of any such structure, and upon his being satisfied, after such inspection, that any such structure is so unsafe or dangerous or might tend to extend a conflagration, said Building Inspector shall report accordingly to the Borough Clerk.
B. 
Said Borough Clerk shall then serve or cause to be served upon every person, firm or corporation known to him to have any interest in the premises a notice requesting all parties having any such interest to repair or remove said structure or to make the premises on which it is maintained or being constructed safe and free from danger in a reasonable time (which shall be not less than 30 days) from the date of service of such notice.
C. 
Such notice shall contain a description of the property affected, sufficiently definite to identify the same, and shall notify all persons interested in such property that the Board of Commissioners of the Borough of Mount Ephraim is contemplating its removal or destruction and that unless the same shall have been made safe and free from danger within the time specified in said notice, the Borough of Mount Ephraim will proceed with such repair or destruction, causing the same to be proceeded with pursuant to the authority of Chapter 87, P.L. 1932, and the amendments thereof and supplements thereto.
D. 
Said notice shall further specify that on a certain date, to be named in said notice (which date shall be not less than 30 days after the service of the notice), the Borough Clerk will present said matter to the Borough Commissioners of the Borough of Mount Ephraim, at which time evidence will be received by the Board of Commissioners with respect to said property, and at the conclusion of such hearing, if the Borough Commissioners shall determine that said structure is in any manner unsafe or dangerous or might tend to extend a conflagration, a formal determination to that effect shall be made by the said Borough Commissioners, and, following such determination, that the Borough Commissioners will proceed with the removal or destruction, causing the same to be proceeded with pursuant to the authority of Chapter 87, P.L. 1932, and the amendments thereof and supplements thereto.
E. 
Said hearing shall be held and conducted by the Borough Commissioners at the Borough Hall, Mount Ephraim, New Jersey, or at such other place as may be designated in the notice served by the Borough Clerk.
A. 
At the time and place fixed in said notice so to be served and filed by the Borough Clerk, a public hearing shall be accorded to every person, firm or corporation so served. Any such hearing may be adjourned by the Borough Commissioners from time to time as the occasion may require. At such hearing the Building Inspector shall submit such evidence as he deems necessary and proper in relation to the complaint, and every person, firm or corporation to be served with such notice shall be privileged to present any proof or evidence deemed desirable by them.
B. 
At the conclusion of such hearing the Board of Commissioners shall then determine the fact as to whether any such alleged structure is unsafe or dangerous or might tend to extend a conflagration, and, if so, in what particular, and may make an order requiring the same to be either repaired or made secure, or taken down or removed, as said Board of Commissioners deems advisable under the evidence.
C. 
If any person, firm or corporation, so served with notice to appear at any such hearing, shall fail to appear, then after due proof of such service of said notice being made, the Borough Commissioners may proceed in the absence of any such person, firm or corporation and hear the proofs submitted by the Building Inspector in support of such complaint, and, at the conclusion of said hearing, shall make such order as they may deem proper in relation thereto.
D. 
Said Borough Commissioners, if they deem it advisable pursuant to the authority of the act hereinabove referred to, may make an order for the removal or destruction of any such property or structure to be undertaken and completed by the Borough of Mount Ephraim or the duly authorized officials or employees thereof.
A. 
The notice referred to in this chapter may be served pursuant to the terms of the act hereinabove referred to, by the Borough Clerk of the Borough of Mount Ephraim, upon the owner or owners of any such property resident in said Borough, either in person or by leaving the same at their usual place of residence with a member of their family above the age of 14 years; in case any such owner shall not reside in the Borough, such notice may be served upon him personally or mailed to his 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; in case the owner of any such property is unknown or service cannot for any reason be made as above directed, said notice shall be published at least once, not less than 30 days before the date fixed for the hearing before the Borough Commissioners of the Borough of Mount Ephraim, in a newspaper circulating in said Borough. In any such advertisement, notice to the owner or owners of several different parcels of land may be inserted. Any such notice directed to an infant owner or to an owner or owners of unsound mind may be served upon their respective guardians. If any such property or structure is located on lands which are held in trust, service of such notice shall be made upon the trustee. Where the lands upon which any such structure or property is located are held by two or more joint tenants or tenants in common or tenants by the entirety, the service or such notice upon one of such owners shall be sufficient and shall be deemed and taken as notice to all such owners.
B. 
Proof of service of such notices shall be filed by the Borough Clerk within 10 days after the making of such service with the Commissioner of Revenue and Finance having charge of the record of tax liens in the Borough of Mount Ephraim; failure to file said proof of service, however, shall not invalidate the proceedings if service has actually been made as herein provided.
When in any such proceedings the Borough Commissioners shall have determined that the removal or destruction of any such structure or property shall be undertaken and completed by the Borough of Mount Ephraim, an accurate account of the cost and expense thereof shall be kept, and a true statement under oath or affirmation shall be filed by the officer or employee of such municipality in charge of such removal or destruction with the Borough Clerk. The Borough Clerk shall present the same to the Borough Commissioners at their next meeting. The said Borough Commissioners shall proceed to examine the same and, if the same is properly made, shall by resolution confirm it and direct that such report be filed with the Borough Clerk, who shall record the same in his records; said Borough Clerk shall proceed to file a certified copy of said record with the Commissioner of Revenue and Finance of the Borough of Mount Ephraim, who shall enter the same as a municipal lien against the premises so affected, due and payable immediately, and the same shall be collected by the said Commissioner in the same manner as other municipal liens are collected.
[Amended 1-2-1973[1]]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the penalty provisions contained in Chapter 305, Penalties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).