[Adopted 10-14-2016 by Ord. No. 2015-16]
A. 
N.J.S.A. 40:48-1(15) authorizes the governing body of every municipality to make, amend, repeal and enforce ordinances to provide for the removal or destruction of any building, wall or structure which is or may become dangerous to life or health, or might tend to extend a conflagration; and to assess the cost thereof as a municipal lien against the premises.
B. 
N.J.S.A. 40:48-1.1 provides, in relevant part, that a municipality may enforce the payment of an assessment for demolition costs, together with interest, as a debt of the owner of the premises and may authorize the institution of an action at law for the collection thereof.
C. 
N.J.S.A. 40:48-2 provides, in relevant part, that a municipality may make, amend, repeal and enforce ordinances to protect the public health, safety and welfare. This statute is an express delegation of police power to a municipality.
D. 
N.J.S.A. 40:48-2.3 provides, in relevant part, that a municipality is authorized to exercise police power relating to the repair, closing and demolition of buildings unfit for human habitation or occupancy or use.
E. 
N.J.S.A. 40:48-2.3a provides, in relevant part, that a municipality is authorized to exercise police power to repair or demolish a building or part of a building that has been damaged to such an extent that nothing remains but the walls and other supports, even though the remaining walls or parts thereof are themselves safe and sturdy and not a danger to health or safety.
F. 
N.J.S.A. 40:48-2.5 preserves the power of municipalities to define and declare nuisances and to cause their removal and abatement by summary proceedings in accordance with the due process requirements set forth in N.J.S.A. 40:48-2.3 through 40:48-2.12.
A. 
The governing body of the municipality finds and declares that there are dangerous, damaged and unfit structures within the community that constitute a nuisance which require abatement or removal by summary proceedings.
B. 
These nuisance properties adversely affect the public health, safety and welfare in a variety of ways, including the following:
(1) 
They represent an attractive nuisance to children who can be injured or killed when playing in them;
(2) 
They are a haven for criminal activities which increase crime in the neighborhood where these structures exist;
(3) 
They adversely affect the quality of life of the residents living in the neighborhood where they exist and undermine property values of other structures in the neighborhood; and
(4) 
They represent a fire hazard.
C. 
It is the purpose and intent of these regulations to identify these structures and provide for the timely demolition or rehabilitation of these structures through summary proceedings.
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;
B. 
Dilapidation;
C. 
Disrepair or structural defects;
D. 
Lack of adequate light, sanitary facilities or ventilation;
E. 
Uncleanliness;
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.
A. 
The Construction Official or his designee shall testify at the hearing in connection with the complaint that was issued. The property owner and any party in interest shall have the right to appear at the hearing and testify, produce witnesses, and be represented by an attorney.
B. 
If after the hearing the governing body of the Borough determines that the building in question is a dangerous, damaged or unfit structure, the governing body shall adopt a resolution stating its findings and entering an order as follows:
(1) 
The governing body may require the immediate closing of an unfit structure; or
(2) 
The governing body may require the repair of the structure within a reasonable time, which time shall be set forth in the order; or
(3) 
The governing body may require the demolition of the structure if it is not economically feasible to repair the structure.
C. 
A copy of the order shall be served on the property owner and all parties in interest personally or by regular and certified mail, return receipt requested, by mailing it to their last known addresses.
D. 
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 any party in interest is unknown and cannot be ascertained in the exercise of reasonable diligence, then service of the order shall be made on such person as follows: by publishing the order once in the official newspaper of the Borough; by posting the order in a conspicuous place on the building affected by the order; and by recording the order 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.
A. 
When a complaint and notice of hearing have been served on the property owner in accordance with the provisions set forth in this article, the property owner is prohibited from transferring the property until the final disposition of the legal proceedings and compliance with any order issued by the governing body of the Borough.
B. 
When a copy of the complaint and notice of hearing or order has been duly recorded in the Camden County Clerk's Office, this filing shall have the same force and effect as a notice of lis pendens.
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.