Upon the adoption of a resolution by the governing body finding
that building conditions are such that a building is so old, dilapidated,
or has become so out of repair to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation, or occupancy, or use, is
inimical to the welfare, and dangerous and injurious to the health
and safety of people, and that a public necessity exists for the repair,
closing or demolition of such building or buildings, or part thereof,
the Construction Official of the Borough is designated or appointed
to exercise the powers prescribed hereinafter.
Whenever a petition is filed with the Construction Official
by a public authority or by at least five residents of the municipality
charging that any building is unfit for human habitation or occupancy
or use, or whenever it appears to the Construction Official (on his
own motion) that any building is unfit for human habitation or occupancy
or use, the Construction Official shall, if his 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 Official (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; 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 Official.
If, after such notice and hearing, the Construction 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 the 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 with a reasonable time as specified in the
said order of removal.
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 Official may cause such building to be
repaired, altered or improved, or to be vacated and closed; and the
Construction 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."
If the owner fails to comply with an order to remove or demolish
the building, the Construction 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.
The amount of: a) 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 act determined in
favor of the municipality; and b) the 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 Official, 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 exceed
the total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Borough 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 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.
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 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.