[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.
