[Added 2-15-2017 by Ord.
No. MC 3599]
Whenever used in this article, the terms listed below shall
be defined as follows unless a different meaning clearly appears from
the context:
The Casino Reinvestment Development Authority established
under Section 5 of L. 1984, c. 218 (N.J.S.A. 5:12-153).
Any building, structure or part thereof, whether used for
human habitation or not. The term includes any structures ancillary
to a building.
Any casino licensed under the Casino Control Act, L. 1977,
c. 110 (N.J.S.A. 5:12-1 et seq.).
The Council of the Township of Irvington.
The holder or holders of title in fee simple.
Any individuals, associations or corporations who have interests
of record in a building and any who are in possession of it.
A.
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 that any
building is unfit for human habitation or occupancy or use, the Construction
Official shall, if a preliminary investigation supports these charges,
serve upon the owner and parties in interest a complaint stating the
charges and a notice that a hearing will be held before the Construction
Official (or a designated agent) at a place therein fixed not less
than seven nor more than 30 days after service of the complaint. The
complaint shall also provide that the owner and parties in interest
may file an answer and appear in person, or otherwise, to 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.
B.
If after notice and hearing the Construction Official determines
that the building is unfit for habitation or occupancy or use, the
Construction Official shall state, in writing, findings of fact in
support of such determination and shall serve upon the owner and parties
in interest an order as follows:
(1)
The order shall require the owner to repair, alter or improve the
building within a reasonable time set forth in the order or at the
option of the owner vacate and close the building within the time
specified in the order.
(2)
If the building is in a condition dangerous to the health and safety
of persons on or near it and the owner fails to repair, alter or improve
the building within the time specified, the order shall require the
owner to remove or demolish the building within a reasonable time
specified in the order.
(3)
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 order shall specify that the Construction Official may post 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."
(4)
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official may cause the building to
be removed or demolished or may contract for its removal or demolition
after advertisement for, and receipt of, bids therefor.
(5)
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 article determined in favor of the
municipality; and
(b)
The cost of 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 shall be a municipal lien against
the real property upon which the cost was incurred. If the building
is removed or demolished by the Construction Official, he or she shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition, 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 costs and the amount due shall be filed with the
Tax Collector or other custodian of records of tax liens and a copy
shall be forthwith forwarded to the owner by registered mail. If the
total of the credits exceeds the costs, the balance shall be deposited
in the Superior Court by the Construction Official, shall be secured
in a manner directed by the court and disbursed according to the order
of the court to the persons entitled thereto. 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 or accuracy of the costs set forth in the
municipal lien certificate.
C.
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 its demolition (Superior Court - OTSC).
D.
Nothing in this section shall be construed to limit in any way the
power of the municipality 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, L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.)
or any rules or regulations adopted thereunder.
E.
Any building or buildings, or parts thereof, which have come into
a state of disrepair through neglect, lack of maintenance or use,
fire, accident or other calamities or through any other act rendering
the building or buildings, or parts thereof, in a state of disrepair
to the extent that the building is unfit for human habitation or occupancy
or use, shall be deemed inimical to the welfare of the residents of
the municipality wherein it is located, and a Construction Official
appointed pursuant to the provisions of L. 1942, c. 112 (N.J.S.A.
40:48-2.3 et seq.) may exercise his or her powers to repair or demolish
the building or buildings, or parts thereof, pursuant to the provisions
of Section 5 of L. 1992, c. 89 [N.J.S.A. 40:48-2.5(b)].
A.
Pursuant to L. 1992, c. 89 [N.J.S.A. 40:48-2.5(b)] the Township of
Irvington, to finance the costs of accomplishing the purpose of this
article, shall have the power to accept gifts or grants from private
or public agencies or to accept donations from or enter into loan
agreements with any casino licensee or the authority under any legal
terms and conditions, including agreements which obligate such municipality
to repay any such loan over a period not in excess of one year, which
the Construction Official determines will be beneficial to the purposes
of L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.). If the Construction
Official accepts or borrows any funds from any casino licensee or
the authority for which the casino licensee seeks authorization for
an investment tax credit in accordance with Section 3 of L. 1984,
c. 218 (N.J.S.A. 5:12-144.1), the authority is authorized to approve
an investment tax credit in accordance with the provisions of Section
3 of L. 1984, c. 218 (N.J.S.A. 5:12-144.1) and the authority's
rules.
B.
All funds received pursuant to Subsection A of this section shall be placed in a separate municipal fund designated as the "Emergency Demolition Fund" to be used solely for demolition related activities. The Construction Official shall have the sole discretion in determining which funds will be accepted and the time and manner of all expenditures necessary to carry out the purposes of this article, except that the Construction Official shall not accept or use any funds provided by a casino licensee or the authority for the purpose of demolishing any structure owned by a casino licensee. All payments made pursuant to this section shall be made under the direction of the Construction Official.
The Construction Official may determine that a building is unfit
for human habitation or occupancy or use by finding that conditions
exist in the building which are dangerous to the occupants of the
building, the occupants of neighboring buildings or other residents
or such municipality. Conditions may include the following: defects
increasing the hazards of fire, accident or other calamities; lack
of adequate ventilation, light or sanitary facilities; dilapidation;
disrepair, structural defects; uncleanliness; failure to comply with
the requirements of the building code or the certificate of occupancy.
Complaints or orders issued by a Construction Official shall
be served upon persons either personally or by registered mail, but
if the whereabouts of such persons is unknown and cannot be ascertained
by the Construction Official in the exercise of reasonable diligence,
and the Construction Official 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 municipality, or, in the absence of such newspaper, in one
printed and published in the county and circulating in the municipality
in which the buildings are located. A copy of any complaint or order
shall be posted in a conspicuous place on premises affected by the
complaint or order. A copy of such complaint or order shall be duly
recorded or lodged for record with the county recording officer of
the county in which the building is located.
Any person aggrieved by an order issued by a Construction Official
may, within 30 days after the posting and service of such order, bring
an action for injunctive relief to restrain the Construction Official
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 Construction Official shall be entitled
to recover any damages for action taken pursuant thereto, or because
of noncompliance by any person with any order of the Construction
Official.
