The Health Officer of the Borough of Roselle be and he is hereby
designated as the officer to exercise the powers prescribed by this
chapter, and he shall serve in such capacity without any additional
salary.
For the purpose of this chapter, the Health Officer of the Borough
of Roselle may determine that a dwelling is unfit for human habitation
if he finds that conditions exist in such dwelling which are dangerous
or injurious to the health or safety of the occupants of such dwelling,
the occupants of neighboring dwellings or other residents of the Borough
of Roselle. Such conditions may include the following, without limiting
the generality of the foregoing: defects therein increasing the hazards
of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair; structural
defects; or uncleanliness.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1),
the New Jersey Housing Code, as approved by the Departments of Health
and Conservation and Economic Development and filed in the Secretary
of State's office, is hereby accepted, adopted and established
as a standard to be used as a guide in determining the fitness of
a building for human habitation or occupancy or use. A copy of the
New Jersey State Housing Code is annexed to this chapter, and three copies of the same have been placed on file
in the office of the Clerk of the Board of Health and are available
to all persons desiring to use and examine the same.
Whenever a petition is filed with the Clerk of the Board of
Health by a public authority as defined in N.J.S.A. 40:48-2.4 or by
at least five residents of the municipality charging that any dwelling
is unfit for human habitation as herein defined, or whenever it appears
to the Health Officer of the Borough of Roselle, on his own motion,
that any dwelling is unfit for human habitation, as herein defined,
he 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 dwelling a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Board of Health or its designated agent at a place therein fixed
not less than 10 days nor more than 30 days after 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 time and place fixed in the
complaint; and that the rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the Board
of Health.
If, after such notice and hearing, the Board of Health determines
that the dwelling under consideration is unfit for human habitation,
as herein defined, it 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 requiring:
A. The repair, alteration or improvement of 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 to 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 the said building within the time
specified in the order, that the owner remove or demolish the said
building within a reasonable time as specified in the said order of
removal.
C. That, 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 Health Officer of the Borough of Roselle may cause such
building to be repaired, altered or improved, or to be vacated and
closed; that the Health 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 occupation of this building is prohibited and unlawful."
D. That, if the owner fails to comply with an order to remove or demolish
the building, the Board of Health 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.
E. That the amount of 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 chapter determined
in favor of the municipality, and such 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
Board of Health, it 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 sum total 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 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 Board of Health, shall be
secured in such a 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 the accuracy of the costs set forth in the municipal
lien certificate.
Complaints or orders issued by the Health Officer or the Borough
of Roselle pursuant to this chapter shall be served upon persons either
personally or by registered mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by said Health Officer
in the exercise of reasonable diligence and the said Health Officer
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
each week for two successive weeks in a newspaper printed and published
in the Borough of Roselle. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order, and 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 dwelling is located.
The Health Officer of the Borough of Roselle is hereby authorized
and empowered 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, in addition to others herein granted:
A. To investigate the dwelling conditions in the Borough of Roselle
in order to determine which dwellings therein are unfit for human
habitation.
B. To administer oaths and affirmations, examine witnesses and receive
evidence.
C. To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D. 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. To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair
the power of the Borough or any officer or department to enforce any
provisions of its Charter, 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
upon the Borough by any other law or ordinance.
[Added 10-16-1980]
Any person who shall knowingly and willfully violate or assist
in the violation of this chapter shall, upon conviction, be punished
by a fine of not more than $200 or be imprisoned for not more than
30 days, or both, for each offense. Each day that such violation continues
shall constitute a separate offense. The term "person" as used in
this section shall include the owner, occupant, mortgagee or vendee
in possession, the assignee of rents, the receiver, executor, trustee,
lessee, agent or any other person, firm or corporation directly or
indirectly in control of a building or part thereof.