[HISTORY: Adopted by the Mayor and Council of the Borough
of Demarest 8-23-2010 by Ord. No.
980. Amendments noted where applicable.]
A.
It is hereby found by the Mayor and Council of the Borough of Demarest
and hereby declared that there exist in the Borough buildings, parts
of buildings, or other facilities which are so old, dilapidated or
have become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation, occupancy or use and are
inimical to the welfare and dangerous and injurious to the health
and safety of the people of the Borough, and a public necessity exists
for the repair, closing or demolition of such building or buildings,
or other facilities or part or parts thereof.
B.
This chapter is hereby adopted to give the designated public officer
authority to exercise the Borough's police power to repair, close
or demolish or cause or require the repairing, closing or demolition
of such buildings, or other facilities, or part or parts thereof,
or to abate any nuisance or correct any condition in accordance with
the terms of N.J.S.A. 40:48-2.3 et seq.
The following terms whenever used or referred to in this chapter
shall have the following respective meanings for the purposes of this
chapter, unless a different meaning clearly appears from the context:
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.
The holder or holders of title to property in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Demarest,
County of Bergen or State of New Jersey relating to health, fire,
building regulations or to other activities concerning buildings in
the Borough of Demarest.
The Construction Official of the Borough of Demarest.
The Construction Official of the Borough of Demarest is hereby
appointed as the public officer pursuant to N.J.S.A. 40:48-2.5, and
shall exercise the powers prescribed by this chapter and consistent
with N.J.S.A. 40:48-2.3 et seq.
For the purpose of this chapter, the public officer may determine
that any building, buildings or parts thereof has become unfit for
human habitation or occupancy or use if he or she finds that conditions
exist in such building which are or may become dangerous or injurious
to the health and safety of the occupants of such building, the occupants
of neighboring buildings or other residents of the Borough of Demarest.
Such conditions may include the following, without limiting the generality
of the foregoing:
A.
Dilapidation;
B.
Defects therein increasing the hazards of fire, accident or other
calamities;
C.
Lack of adequate ventilation, light or sanitary facilities;
D.
Any other conditions rendering such building or buildings, or parts
thereof, 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 Demarest.
A petition charging that a building or buildings, or parts thereof,
are unfit for human habitation or occupancy or use may be filed with
the public officer by either a public authority or by at least five
residents of the Borough, or brought by the public officer on his
or her own motion. The public officer shall conduct a preliminary
investigation and, if he or she determines there is a basis for such
charges, shall 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.
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;
B.
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;
C.
That the rules of evidence prevailing in the courts shall not be
controlling in hearings before the public officer.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, as herein defined, he or she shall state in writing
his or her 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 requiring that:
A.
The repair, removal, alteration, improvement or demolition of the
said building 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 the 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 the said building within the
time specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said order of removal.
A.
The owner shall promptly comply with all orders issued by the public
officer.
B.
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 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."
C.
If the owner fails to comply with an order to remove or demolish
the building after not less than 30 days after issuance of such order,
the public officer 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.
A.
The amount of 1) 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 chapter determined in favor of the
Borough, and 2) such cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, 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 costs were incurred.
B.
If the building is removed or demolished by the public officer, he
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 public officer, 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.
C.
The Borough may also enforce the payment of any costs incurred under
this chapter, together with interest, as a debt of the owner of the
premises and may authorize the institution of action at law for the
collection thereof, pursuant to N.J.S.A. 40:48-1.1. The Superior Court
of New Jersey, Bergen County, shall have jurisdiction of any such
action.
Complaints or orders issued by the public officer pursuant to
this chapter shall be served upon persons either personally or by
certified mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by said public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the County of Bergen and circulated in the Borough.
A copy of such complaint or order shall be posted in a conspicuous
place on premises affected by the complaint or order, and a copy of
such complaint or order shall be duly recorded or logged for record
with the County Recording Officer of Bergen County.
In addition to any other powers granted to the public officer
by this chapter, the public officer shall have the right to exercise
any additional powers as may be necessary or convenient to carry out
and effectuate the purposes of this chapter, specifically including
the following:
A.
To investigate the conditions of buildings in the Borough of Demarest
in order to determine which buildings 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 examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
F.
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.
G.
Any action taken using revenues derived from the local property tax
shall be taken only after advertisement for, and receipt of, bids
therefor, pursuant to the provisions of the Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq., unless the action is necessary to
prevent imminent danger to life, limb or property.
Pursuant to N.J.S.A. 40:48-2.8, any person aggrieved by an order
issued by a public officer under this chapter may, within 30 days
after the posting and service of such order, bring an action for injunctive
relief to restrain the public officer from carrying out the provisions
of the order and for any other appropriate relief. The court may proceed
in the action in a summary manner or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action
taken pursuant thereto or because of noncompliance by any person with
any order of the public officer.
As soon as reasonably practicable, the governing body of the
Borough of Demarest shall prepare an estimate of the annual expenses
or costs to provide the equipment, personnel and supplies necessary
for periodic examinations and investigations of the buildings in the
Borough for the purpose of determining the fitness of such buildings
for human habitation or occupancy or use, and for the enforcement
and administration of this chapter. The Borough is authorized to make
such appropriations from its revenues as may be necessary for this
purpose and to accept and apply grants or donations to assist in carrying
out the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the courts or of any Borough department to enforce any
provisions of its charter or its ordinances or regulations, nor to
prevent or punish violations thereof, or to impair or limit in any
way the power of the Borough to define and declare 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 or
regulations adopted thereunder. This chapter is in addition and supplemental
to the powers conferred by any other law.
