The Construction Official is hereby designated as the public
officer authorized to exercise the powers prescribed by these regulations
and N.J.S.A. 40:48-2.3 et seq. The Borough Attorney is hereby designated
as the public officer authorized to prepare the complaint, notice
of hearing and other pleadings. The governing body of the Borough
is hereby designated as the public officer authorized to conduct the
hearings.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
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.
DAMAGED STRUCTURE
Any building or structure, or part thereof, which has been
damaged to such an extent that nothing remains but the walls, or parts
of the walls, and other supports, shall, regardless of the safety
and sturdiness of the remaining walls, or parts thereof, be deemed
inimical to the welfare of the Borough and shall be repaired or demolished
in accordance with the provisions of this article.
DANGEROUS STRUCTURE
Any building or structure, or part thereof, which is dangerous
to human life or the public welfare or which constitutes a fire hazard
shall be removed or demolished in accordance with the provisions of
this article.
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 OFFICER
The officer, officers, board or body who is or are authorized
by these regulations to exercise the powers prescribed by these regulations
and by N.J.S.A. 40:48-2.3 et seq. Notwithstanding any other provisions
of law to the contrary, nothing shall prevent a municipality from
designating more than one public officer for different purposes as
provided by law.
REPRESENTATIVE
The individual registered with the Borough as the representative
of the property owner. If the property owner is an LLC or a corporation,
the registered agent, president or managing partner of same are also
representatives of the owner upon whom service may be made.
STRUCTURE
Any construction artificially built up or composed of parts
joined together in some definite manner. A building or edifice of
any kind.
UNFIT STRUCTURE
Any building or structure, or part thereof, which is unfit
for human habitation, occupancy or use due to the conditions set forth
herein shall be deemed inimical to the welfare of the residents of
the Borough and shall be closed, repaired or demolished in accordance
with the provisions of this article.
Standards for unfit structures. A public officer may determine
that a building is unfit for human habitation, occupancy or use if
he finds that conditions exist in the building which are dangerous
or injurious to the health or safety of the occupants of the building,
the occupants of neighboring buildings, or other residents of the
Borough. Such conditions shall include the following without limiting
the generality of the foregoing:
A.
Defects therein increasing the hazards of accident, fire or
other calamities;
C.
Disrepair or structural defects;
D.
Lack of adequate light, sanitary facilities or ventilation;
F.
Failure to comply with the Property Maintenance Code; or
G.
Failure to comply with the applicable health ordinances, rules
and regulations.
Whenever the Construction Official or his designee shall determine
that any building is a dangerous, damaged or unfit structure, he shall
file a report with the Borough Attorney which identifies the structure
and its condition. Upon receipt of the report, the Borough Attorney
shall prepare a complaint setting forth the location and condition
of the building and the remedy sought and a notice of hearing setting
forth the date, time and place of the hearing.
A. The complaint and notice of hearing shall be served upon the property
owner or the property owner's representative and all parties in interest.
Service shall be made personally or by regular and certified mail,
return receipt requested, by mailing the complaint and notice of hearing
to their last known addresses. Service on either the property owner
or the property owner's representative shall be sufficient service;
service on both shall not be required.
B. If the whereabouts of both the property owner and the property owner's
representative are unknown and cannot be ascertained in the exercise
of reasonable diligence, or if the whereabouts of a party in interest
cannot be ascertained in the exercise of reasonable diligence, then
service of the pleadings shall be made on such person as follows:
by publishing the complaint and notice of hearing once in the official
newspaper of the Borough; by posting the complaint and notice of hearing
in a conspicuous place on the building affected by the complaint;
and by recording the complaint and notice of hearing in the Camden
County Clerk's office.
In the event that the property owner and all parties in interest
fail to comply with the order of the governing body of the Borough,
the Construction Official may proceed without further notice to enforce
the provisions of the order by such means as is necessary to carry
out the purpose and intent of the resolution, including, but not limited
to, the closing of the structure, the repair of the structure, or
the demolition of the structure at the expense of the Borough.
A. The cost of closing, repairing or demolishing and removing the structure
shall constitute a municipal lien against the real property.
B. The cost of legal services, expert witness fees, search fees and
advertising expenses incurred in the course of any proceeding shall
constitute a municipal lien against the real property.
C. The public officer shall prepare a detailed statement of the costs
incurred, less any credits due, and file it with the Borough Clerk.
Thereafter, the governing body of the Borough shall adopt a resolution
certifying the total amount of the municipal lien. This resolution
shall be filed with the Tax Assessor and the Tax Collector, and a
copy of the resolution shall be mailed forthwith to the property owner
by regular mail and certified mail, return receipt requested.
D. The owner or any party in interest may, within 30 days of the filing
date of the municipal lien certificate, institute a summary proceeding
in the Superior Court, Law Division, to contest the accuracy or reasonableness
of the costs set forth in the municipal lien certificate.
Nothing in this article shall be interpreted 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 article intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act or any rules or regulations adopted thereunder.