Borough of Palmyra, NJ Buildings, Unsafe or Unfit

[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 11-13-2012 by Ord. No. 2012-36.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 95.

Fire prevention — See Ch. 121.

Housing standards — See Ch. 142.

Land development — See Ch. 158.

Property maintenance — See Ch. 203.

Public health nuisances — See Ch. 288.

Rodent control — See Ch. 295.

[1]

Editor's Note: This ordinance also repealed former Ch. 86, Buildings, Unsafe or Unfit, which consisted of Art. I, Unsafe Buildings or Structures, adopted 4-25-1935 as Ch. 88 of the 1971 Code, and Art. II, Unfit Dwellings, adopted 11-12-1954 as Ch. 87 of the 1971 Code.

§ 86-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING

Any building, or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.

OWNER

The holder or holders of the title in fee simple.

PARTIES IN INTEREST

All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.

PUBLIC AUTHORITY

The Construction Official, Fire Chief, Chief of Police or Code Enforcement Officer of the Borough

PUBLIC OFFICER

The Borough Engineer.

§ 86-2 Declaration of public necessity.

It has been found and declared that there exists in Palmyra building or buildings, or parts thereof, which are unfit for human habitation or occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities such as fire or floods, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such building or buildings, or part thereof, unsafe, or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of Palmyra. It is therefore necessary to exercise the police powers of Palmyra to repair, close or demolish, or cause or require the repairing, closing or demolition of such building or buildings, or part thereof, in the manner provided, pursuant to the statute applicable thereto.

§ 86-3 Designation of public officer.

The Borough Engineer is hereby designated and appointed as the public officer to exercise the powers prescribed by this chapter.

§ 86-4 Complaint; notice of hearing; answer and defense.

Whenever a petition is filed with the public officer by a public authority or by at least five residents of Palmyra charging that a building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer that any building is unfit for human habitation or occupancy or use, the public officer shall make a preliminary investigation. If the investigation discloses a basis for such charges, he shall issue and cause to be served, upon the owner and parties in interest of such building, a complaint stating the charges in that respect. The complaint shall also contain 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. The notice shall state that the owner and parties in interest have 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 the courts shall not be controlling in hearings before the public officer. The complaint shall be served in the manner provided in § 86-7 hereof.

§ 86-5 Determination of unfit building; standards.

After notice and hearing, the public officer may determine that the building under consideration 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 Palmyra. Such conditions may, among other things, include the following:

Defects therein increasing the hazards of fire, accident, or other calamities.

Lack of adequate ventilation, toilet facilities and running water, light or sanitary facilities.

Dilapidation, disrepair, structural defects or uncleanliness.

§ 86-6 Written findings of fact; orders for repair or demolition.

If, after the 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. He shall then issue and cause to be served, upon the owner thereof and parties in interest, an order. The order shall require the repair, alteration or improvement of said building to be made by the owner, within a reasonable time, which time shall be set forth in the order, and it shall give the option to the owner to vacate or have said building vacated and closed within the time set forth in the order.

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 said building within the time specified in the order described in Subsection A hereof, then the owner shall be required by a further order to remove or demolish said building within a reasonable time as specified in said order of removal.

The orders referred to in Subsections A and B of this section shall be served upon the owner and parties in interest in the manner provided in § 86-7 hereof.

Fire damage or flood damage causing dilapidation, disrepair or structural defects.

§ 86-7 Service of complaints, notices and orders.

Complaints, notices and orders issued by the public officer pursuant to this chapter shall be served upon persons either personally or by registered or certified mail. 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 he shall make an affidavit to that effect, then the serving of such complaint, notice or order upon such persons may be made by publishing the same once in a newspaper printed and published in Palmyra or, in the absence of such newspaper, in one printed and published in the county and circulating in Palmyra. A copy of such complaint, notice or order shall be posted in a conspicuous place on the premises affected by the complaint, notice or order. A copy of such complaint, notice or order shall be duly recorded with the office of the Clerk of Burlington County.

§ 86-8 Failure to comply with orders.

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. The public officer may cause to be posted on the main entrance to any building so closed a placard with the following words, "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."

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 he may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.

§ 86-9 Lien for costs; sale of materials; disposition of proceeds.

The amount of the cost of filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter determined in favor of Palmyra; and such repairs, alterations or improvements, or vacating and closing, or removal or demolition, as the case may be, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the public officer, he shall sell the materials of such building. The proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site. If there are no such credits, or if the total sum of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed as a lien certificate with the Palmyra Tax Assessor and Collector and a copy thereof shall be sent forthwith to the owner by registered or certified mail.

If the total of the credits exceeds such costs, the balance remaining shall be deposited by the public officer in the Superior Court of New Jersey and shall be secured in such manner as may be directed by such court. The proceeds shall be disbursed according to the order or judgment of such court to the persons found entitled thereto by final order or judgment of the 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 of New Jersey to contest the reasonableness of the amount or the accuracy of the costs set forth in the lien certificate.

§ 86-10 Additional powers of public officer.

The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers, in addition to others herein granted:

To investigate building conditions in Palmyra in order to determine which buildings therein are unfit for human habitation or occupancy or use.

To administer oaths and affirmations; examine witnesses and receive evidence.

To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.

To delegate any of his functions and powers under this chapter to such assistants and other employees as he may require in the performance of his duties.

§ 86-11 Statutory remedies available.

Any person aggrieved by an order issued by the public officer under this chapter shall be entitled to the remedies prescribed by N.J.S.A. 40:48-2.8

§ 86-12 Effect on other provisions; nuisance removal; demolition.

This chapter shall not be construed to impair or limit in any way the power of Palmyra to define and declare public 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 and regulations adopted thereunder.

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.

§ 86-13 Supplemental nature of chapter.

Nothing in this chapter shall be construed to abrogate or impair the powers of any department of Palmyra to enforce any provisions of its charter or its ordinances or regulations, or to prevent or punish violations thereof; and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any law or ordinance.

§ 86-14 Violations and penalties.

Any person or entity violating the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment in the Burlington County Jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court Judge.