[Adopted as Ch. 12 of the 1968 Revised Ordinances (Ch. 100
of the 1986 Code)]
A resolution has been adopted finding that there exist in the
Borough of Penns Grove dwellings which are unfit for human habitation
due to dilapidation, defects increasing the hazards of fire, accidents
or other calamities, lack of ventilation, light or sanitary facilities
or due to other conditions rendering such dwellings unsafe or unsanitary
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Borough of Penns Grove.
[Amended 9-2-2008 by Ord.
No. 2008-13]
The Construction Code Official is hereby appointed by the Borough
Council to exercise the powers prescribed by this article.
[Amended 6-17-1986 by Ord. No. 86-5; 9-2-2008 by Ord. No. 2008-13]
Whenever a petition is filed with the Construction Code Official
by a public authority or by at least five residents of the Borough
of Penns Grove charging that any building is unfit for human habitation
or occupancy or use or whenever it appears to the Construction Code
Official (on his/her own motion) that any building is unfit for human
habitation or occupancy or use, the Construction Code Official shall,
if his/her preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner of and parties in interest
in such building a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the Construction
Code Official (or his/her designated agent) at a place therein fixed
not less than seven days nor more than 30 days after the serving of
said complaint; that the owner and parties in interest shall be given
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 Construction Code
Official.
[Amended 6-20-1989 by Ord. No. 89-12; 9-2-2008 by Ord. No. 2008-13]
If, after such notice and hearing, the Construction Code Official
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 and shall issue and cause
to be served upon the owner thereof and parties in interest an order:
A.
Requiring 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, or, at the option of the owner, to vacate
or have said building vacated and closed within the time set forth
in the order; and
B.
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, then the owner shall be required to remove
or demolish said building within a reasonable time as specified in
said order of removal.
[Amended 9-2-2008 by Ord.
No. 2008-13]
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 Construction Code Official may cause such building to
be repaired, altered or improved, or to be vacated and closed. The
Construction Code Official may cause to be posted on the main entrance
of 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."
[Amended 9-2-2008 by Ord.
No. 2008-13]
If the owner fails to comply with an order to remove or demolish
the building, the Construction Code Official may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement for, and receipt of, bids therefor.
[Amended 6-17-1986 by Ord. No. 86-5; 9-2-2008 by Ord. No. 2008-13]
A.
The amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this article determined in favor of the
municipality, and such cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amount of the balance thereof remaining after deduction of the sum,
if any, realized from the sale of materials derived from such building
or from any contract for removal or demolition thereof, shall be a
municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished by the Construction
Code Official, he/she shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, the
proceeds of any sale of such materials or any sum derived from any
contract for the removal or demolition of the building. If there are
no such credits or if the sum total of such costs exceeds the total
of such credits, a detailed statement of the aforesaid costs and the
amount so due shall be filed with the Municipal Tax Assessor or other
custodian of the records of tax liens and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceed such costs, the balance remaining shall be deposited
in the Superior Court by the Construction Code Official, shall be
secured in such manner as may be directed by such Court, and shall
be disbursed according to the order or judgment of the Court to the
persons found to be entitled thereto by final order or judgment of
such 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 to contest the reasonableness of the
amount or the accuracy of the costs set forth in the municipal lien
certificate.
B.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Construction Code Official 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.
C.
Nothing in this article shall be construed to impair or limit in
any way the power of the Borough of Penns Grove to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise, nor is anything in this article intended to limit the
authority of the enforcing agency or Construction Code Official under
the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A.
52:27D-119 et seq.), or any rules or regulations adopted thereunder.
[Amended 7-5-2017 by Ord.
No. 2017-5]
The Construction Code Official may determine that a dwelling
is unfit for human habitation if he finds that conditions exist in
such dwelling which are dangerous or injurious to the health or safety
of the occupants of such dwelling, the occupants of neighboring dwellings
or the residents of the Borough. Such conditions may 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; or uncleanliness.
Process and procedure for the administration of this article
shall be governed by N.J.S.A. 40:48-2.3 through 40:48-2.12 and any
amendments that may be made thereto.
[Amended 9-2-2008 by Ord.
No. 2008-13]
The Construction Code Official shall have the right to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this article, including the following
powers in addition to the others herein granted:
A.
To investigate the dwelling conditions in the Borough in order to
determine which dwellings therein are unfit for human habitation.
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.
