N.J.S.A. 55:19-82 sets forth the criteria for determining a property
to be a nuisance. A public officer who determines a property to be
a nuisance pursuant to this statute shall follow the due process requirements
set forth in N.J.S.A. 40:48-2.3 et seq. which are also set forth in
detail in this article.
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.
N.J.S.A. 40:48-2.5 preserves the power of municipalities to define
and declare nuisances and to cause their abatement or removal 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. The right of summary action
to abate or remove public nuisances also exists at common law.
N.J.S.A. 40:48-2.12a provides, in relevant part, that a governing
body of a municipality may make, amend, repeal and enforce ordinances
to regulate buildings and structures and their use and occupation
to prevent and abate conditions therein harmful to the health and
safety of the occupants of said buildings and structures and the general
public in the municipality.
N.J.S.A. 40:48-2.12n acknowledges a growing problem with rental properties
in many municipalities in the state. The Legislature found and declared
that municipal residents have experienced disturbances, damage and
public expense resulting from carelessly granted and inadequately
supervised rentals to irresponsible tenants by inept or indifferent
landlords.
The governing body of the municipality finds and declares that there
are properties located within the community that constitute a nuisance
which require the abatement or removal of the nuisance by summary
proceedings.
Nuisance properties create a wide range of problems for a municipality
in which they are located. These properties foster criminal activity,
create public health problems and otherwise diminish the quality of
life for residents and business operators in those areas where the
nuisance properties are located.
Nuisance properties also diminish the property values of neighboring
properties, increase the risk of property damage through arson and
vandalism and discourage neighborhood stability and revitalization.
The continued presence of nuisance properties in the municipality
acts as a significant barrier to community revitalization and to the
regeneration of the urban centers.
The responsibility of a property owner to supervise his or her property
and monitor the activities of tenants to prevent it from becoming
a nuisance to others extends to properties which are in use. The failure
of an owner to comply with legitimate orders to abate or remove the
nuisance creates a presumption that the owner has abandoned his or
her responsibility to maintain the property free and clear of public
nuisances.
The responsibility of a property owner to maintain a property in
sound condition to prevent it from becoming a nuisance to others also
extends to properties which are not in use and in a state of deterioration
by neglect. The failure of an owner to comply with legitimate orders
to demolish, repair or otherwise stabilize his or her property creates
a presumption that the owner has abandoned his or her responsibility
to maintain the property free and clear of public nuisances.
It is the purpose and intent of these regulations to identify these
nuisance properties and provide for the timely abatement or removal
of the nuisance through summary proceedings.