Whenever used in this article, the terms listed below shall
be defined as follows unless a different meaning clearly appears from
the context:
AUTHORITY
The Casino Reinvestment Development Authority established
under Section 5 of L. 1984, c. 218 (N.J.S.A. 5:12-153).
BUILDING
Any building, structure or part thereof, whether used for
human habitation or not. The term includes any structures ancillary
to a building.
CASINO LICENSEE
Any casino licensed under the Casino Control Act, L. 1977,
c. 110 (N.J.S.A. 5:12-1 et seq.).
OWNER
The holder or holders of title in fee simple.
PARTIES IN INTEREST
Any individuals, associations or corporations who have interests
of record in a building and any who are in possession of it.
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.