[G.O. No. 1018, § 1]
The following terms, whenever used or referred to in this article,
shall have the meanings respectively ascribed to them in this section:
Any building or structure or part thereof, whether used for
human habitation or otherwise, including any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
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 Town government relating to health,
fire or building regulations, or to other activities concerning buildings
in the Town.
The officers who are authorized by this article to exercise
the powers prescribed by this article.
[G.O. No. 1018, § 2]
The housing code committee, created pursuant to Section 12A-2, consisting of the health officer, who shall be chairman of such committee, the fire inspector of the Fire Department and the building official, is hereby designated and appointed as the public officer to exercise the powers prescribed by this article. A majority vote shall be necessary for all actions taken by such committee.
[G.O. No. 1018, § 3]
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the Town charging that
a building is unfit for human habitation or occupancy or use or whenever
it appears to the public officer on its own motion that any building
is unfit for human habitation or occupancy or use, the public officer
shall, if its 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 public officer (or its designated agent), at a place therein fixed,
not less than 10 days nor more than 30 days after the serving of such
complaint. The owner and parties in interest shall have the right
to file an answer to such complaint and to appear in person or otherwise,
and give testimony at the place and time fixed in the complaint. Such
answer must be filed at or before the time fixed for such hearing.
The rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the public officer.
[G.O. No. 1018, § 4]
If, after such notice and hearing, the public officer determines
that the dwelling under construction is unfit for human habitation,
as herein defined, 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 requiring:
(a)
The repair, alteration or improvement of such 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
such 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 such building within the time specified
in the order, that the owner remove or demolish such building within
a reasonable time as specified in such 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 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 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 public officer 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.
[G.O. No. 1018, § 5]
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 article determined in favor
of the Town, 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 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 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 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, that nothing
in this section shall be construed to impair or limit in any way the
power of the Town to define and declare nuisances and to cause their
removal or abatement, by summary proceedings or otherwise.
[G.O. No. 1018, § 6]
Any person affected by an order issued by the public officer
shall be entitled to the remedies and procedure prescribed by the
act entitled. "An act authorizing municipalities to adopt ordinances
relating to the repair, closing and demolition of dwellings unfit
for human habitation; and providing for the remedies and procedure
in connection with action taken under such ordinances," being Chapter
112 of the Laws of 1942, codified as Section 40:48-2.3 et seq. of
the Revised Statutes of New Jersey.
[G.O. No. 1018, § 7]
Complaints or orders issued by the public officer pursuant to
this article 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 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 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 Town
or, in the absence of such newspaper, in one printed and published
in the county and circulating in the Town. 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 recorded in the county register's office.
[G.O. No. 1018, § 8]
The public officer shall, in addition to the powers granted
by this article, have the power to investigate the dwelling conditions
in the Town in order to determine which dwellings are unfit for human
habitation and which are a hazard of fire, accident or other calamity;
to administer oaths or affirmations, examine witnesses and receive
evidence and 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 possible inconvenience to the persons in possession thereof.
[G.O. No. 1018, § 9]
The Town Council shall appoint and fix the duties of such officers,
agents and employees as it deems necessary to assist the public officer
to carry out the purposes of this article, and with the consent of
the public officer, delegate any of its functions and powers under
this article to such officers, agents and employees as may be designated.
[G.O. No. 1018, § 10]
The public officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings, or other residents of the Town. 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 or structural defects; uncleanliness.
[G.O. No. 1018, § 11]
Nothing in this article shall be construed to abrogate or impair
the powers of any department of the Town to enforce any provisions
of its Charter or its ordinances or regulations or to prevent or punish
violations thereof.
[G.O. No. 1018, § 12]
Any person who shall violate an order of the public officer, after duly made and promulgated pursuant to this article, or who shall interfere with the public officer or any other person authorized to exercise the powers of the public officer, shall, upon conviction in the Municipal Court be punished as provided in Section 1-5. Such action in and penalties imposed by the Municipal Court may be in addition to any other action or proceedings provided in this article. Each day that a violation is permitted to exist shall constitute a separate offense.
