[HISTORY: Adopted by the Common Council of the City of Corbin
City 9-11-1972 by Ord. No. 45-1972. Amendments noted where applicable.]
The City of Corbin City hereby declares and finds that there
exists in the municipality a building or buildings or parts thereof
which are unfit for human habitation or occupancy or use due to dilapidation,
defects increasing the hazards of fire, accident or other calamities,
lack of ventilation, light or sanitary facilities, or due to other
conditions rendering such building or buildings or part thereof unsafe
or insanitary or dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents of the municipality;
and the City of Corbin City desires to exercise the powers set forth
in N.J.S.A. 40:48-2.3 et seq. and the several supplements and amendments
thereto.
[Amended 10-8-1979 by Ord. No. 11-79; 6-14-1999 by Ord. No. 3-1999]
The Zoning and Code Enforcement Officer, or other public official
appointed, from time to time, by resolution of the Council, is hereby
designated as the Public Officer to exercise the powers prescribed
by this chapter.
A.Â
Whenever a petition is filed with the public officer 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 public officer (on his own motion) that any building is unfit for human habitation or occupancy or use, or otherwise unfit as defined by § 35-4, the public officer 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 buildings a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent) at a place therein fixed not less than 10 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 public officer.
B.Â
If after such notice and hearing, the public officer determines that
the building, buildings or parts thereof are 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.
(1)Â
Requiring the repair, alteration or improvement of said building,
buildings or part thereof 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 the said building vacated and closed
within the time set forth in the order; and
(2)Â
If the building, buildings or parts thereof are 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
the said building, buildings or parts thereof within the time specified
in the order, then the owner shall be required to remove or demolish
the said building, buildings or parts thereof within a reasonable
time as specified in said order of removal.
C.Â
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 public officer may cause such building to be repaired, altered
or improved or to be vacated and closed, the public officer 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 occupancy of this building is prohibited
and unlawful." It shall be unlawful for any person to own, have, keep,
maintain, or live in any building on which there has been posted a
placard as herein provided for, or to remove or cause the removal
or cause the removal of any such posted placard.
D.Â
If the owner fails to comply with an order to remove or demolish
the building, the public officer may cause such building, buildings
or parts thereof to be removed or demolished or may contract for the
removal or demolition thereof after advertisement for and receipt
of bids therefor.
E.Â
The amount of the cost of filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this chapter determined in favor of the
municipality, and such cost of repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amount of 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 was incurred.
If the building is removed or demolished by the public officer, he
shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition thereof 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 total sum of such costs exceeds the total of such
credits, a detailed statement of the aforesaid costs and the amount
so due shall be filed with the Municipal Tax Assessor or other custodian
of the records of tax liens and a copy thereof shall be forwarded
to the owner by registered mail. If the total credits exceed such
costs, the balance remaining shall be deposited in the Superior Court
by the public officer, 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; provided, however, that nothing in
this section shall be construed to impair or 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. Any
owner or party in interest may, within 60 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 accuracy
of the costs set forth in the municipal lien certificate.
A.Â
The said public officer may determine that a building, buildings
or parts thereof are unfit for human habitation or occupancy or use
if he finds that conditions exist in such building, buildings or parts
thereof which are dangerous or injurious to the health or safety of
the occupants of such building, buildings or parts thereof, the occupants
of neighboring buildings or other residents of the City of Corbin
City. Without limiting the generality of the foregoing, such conditions
may include the following: defects therein increasing the hazards
of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair, structural
defects; uncleanliness.
B.Â
It shall be unlawful for any person to have, keep, use or maintain
a building that is unfit for human habitation, occupancy or use or
which is dangerous or injurious to the health or safety of the occupants
of said building or other occupants of neighboring buildings or other
residents or people of or in the City of Corbin City as specified
in this section.
Complaints or orders issued by the public officer pursuant to
the provisions of this chapter shall be served upon persons either
personally or by registered mail, but if such persons' whereabouts
is unknown and the same cannot be ascertained by the public officer
in the exercise of reasonable diligence, and the public officer shall
make an affidavit to that effect, then the serving of such complaints
or orders upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper circulated in the
City of Corbin City. A copy of such complaint or order shall be posted
in a conspicuous place on the premises affected by the complaint or
order. A copy of such complaint or order shall be duly recorded or
lodged for record with the Clerk of Atlantic County.
The said public officer is hereby authorized to exercise such
powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following
powers in addition to the other powers herein:
A.Â
To investigate the building conditions in the City of Corbin City
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.Â
To administer oaths, affirmations, examine witnesses and receive
evidence.
C.Â
To enter upon premises for the purpose of making examinations; provided
that such entries shall be made in such manner as to cause the least
inconvenience to the persons in possession.
D.Â
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.Â
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Any repair, alteration, improvement, removal or demolition as
above provided, may be performed by the municipality, through its
proper officials or employees, or the municipality may contract with
any person to render such service on behalf of the municipality, under
its control and direction and pursuant to specifications showing in
detail the service to be rendered and to rules and regulations adopted
by the governing body for the same and upon ample security for proper
performance being given to the municipality. The procedure to be followed
in adopting any such contract shall be in accordance with N.J.S.A.
40:48-5. The municipality may recover the cost thereof from the said
owner by action at law, which action shall be in addition to any other
remedy provided for by this chapter and shall not make void any lien
upon real estate provided for by this chapter nor prevent the imposition
of any penalty imposed for violation of this chapter or any ordinance
of this municipality.
Nothing in this chapter shall be construed to abrogate or impair
the powers of any officer of the City of Corbin City to enforce any
provisions of its chapter or other statute or its ordinances or regulations,
nor to prevent or punish violations thereof; and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred by any other ordinance of the City of Corbin City.
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purposes of this
chapter unless a different meaning clearly appears from the context:
Any building or structure or part thereof, whether used for
human habitation or otherwise, and included any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
The Common Council of the City of Corbin City charged with
governing the municipality.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the City of Corbin City,
County of Atlantic or State of New Jersey relating to health, fire,
building regulations or to other activities concerning buildings in
the City of Corbin City.
The officer or officers who are authorized by this chapter
to exercise the powers prescribed by this chapter.
Any person violating any of the provisions of this chapter declared to be unlawful shall, upon conviction in the Municipal Court, be subject to the penalties as provided in Chapter 103 of these ordinances.
