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
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.
The Borough Engineer is hereby designated and appointed as the
public officer to exercise the powers prescribed by this chapter.
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.
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:
A. Defects therein increasing the hazards of fire, accident, or other
calamities.
B. Lack of adequate ventilation, toilet facilities and running water,
light or sanitary facilities.
C. Dilapidation, disrepair, structural defects or uncleanliness.
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.
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:
A. To investigate building conditions in Palmyra in order to determine
which buildings therein are unfit for human habitation or occupancy
or use.
B. To administer oaths and affirmations; examine witnesses and receive
evidence.
C. 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.
D. 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.
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
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.
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.