[1980 Code § 121-110]
The Division Manager, on his own or upon the filing of a complaint by a resident charging that a building is unfit for human habitation or use, shall make an inspection of any building believed to be unfit for human habitation or use and shall make a preliminary finding, in accordance with the standards provided herein, as to whether or not the premises are unfit for human habitation or use, and if so, he shall, except where § 13-89 applies, thereupon serve a notice upon the owner, operator or occupant advising all such parties of the results of his inspection and the basis of his determination, The Division Manager, at his discretion may consult with the Fire Official, Construction Official or the Health Officer.
[1980 Code § 121-111]
In making a determination of whether a building is unfit for
human habitation or use, the Division Manager shall determine whether,
by reason of violations of this Code existing in the building or on
the premises, continued occupancy of the building will not endanger
and jeopardize the health and safety of the occupants or persons in
the vicinity of the premises, and to that end he may consider, among
other factors:
a.
Whether the premises are so structurally defective that there is
a risk of collapse or of loose materials falling and injuring persons
in and around the building.
b.
Whether, by reason of inadequate ventilation, there is a danger of
communicable diseases being contracted and spread in and among the
occupants or persons in the vicinity of the premises.
c.
Whether, by reason of infestation or defective condition of plumbing
or the lack of maintenance of halls, floors, walls or other parts
of the premises, conditions exist which are conducive to the contracting
and spreading of diseases.
d.
Whether, by reason of electrical wiring, conduits or equipment, heating
or cooking facilities or lack of proper means of egress, there is
a danger of fire or, in the case of fire, inadequate means of egress.
e.
Whether premises are deficient in one or more essential utilities,
including public sewer, water supply or electricity.
f.
Where premises were not designed or constructed for human habitation,
whether, by reason of the same, occupancy constitutes an unnecessary
hazard to safety or health.
[1980 Code § 121-112]
After meeting with the property owner and consultation with
the Construction Official, the Fire Official or Health Official, as
appropriate, the Division Manager shall make a determination as to
whether the building is unfit for human habitation or use, and thereupon
he shall make an order based on an evaluation of health and safety
factors in the use of the premises, as follows:
a.
That occupancy of all or part of the building be permitted for a
limited period of time, not to exceed 30 days, upon condition that
all violations recited in the order are corrected or abated within
that time, and if not corrected or abated, the premises be vacated
within 10 days thereafter; or
b.
That the building or any part thereof be vacated within a specified period not to exceed 30 days, be secured in compliance with § 13-14, and signs or notices that occupancy is prohibited be posted prominently at all entrances of the building, and that the order continue in effect until the conditions are abated and the order is revoked as provided herein. The order may prohibit occupants from paying, and the owner and operator from receiving, rent or other compensation for use and occupancy while it remains in effect; or
c.
That by reason of the complete state of disrepair and the disproportionate
investment required to restore the building to habitable condition
and the danger that the premises constitute, even while vacant, a
threat to the health or safety of persons on or near the premises,
the improvement of the building is impracticable and continuance of
the building vacant constitutes a danger to the health, safety and
well-being of the neighborhood, where upon the building is to be ordered
vacated and demolished within a period of time not to exceed 60 days.
The order shall be served personally or by registered mail. Simultaneously
notice shall also be served upon owners of all real property, as shown
on the current tax duplicate, located within 200 feet in all directions
of the property on which the proposed demolition is to take place.
Upon receipt of the order for demolition, the owner shall have 15
days to appeal the order of the Division Manager to the Mayor. Upon
appeal the Mayor shall review the evidence concerning the determination
of demolition and shall promptly either affirm the order or reverse
the decision of the Division Manager. This right of appeal to the
Mayor is provided in addition to the remedy provided by N.J.S.A. 40:48-2.8
for injunctive relief to the courts within 60 days of the receipt
of the order for demolition. If the owner chooses not to appeal the
order for demolition or if the order appealed from has been affirmed,
the owner may consent in writing after having the premises vacated
and where no emergency exists, to rehabilitate the building so that
it complies in all respects with this Code within six months of the
order for demolition. If required by the Division Manager, the owner
shall provide a performance bond guaranteeing that the work shall
be done. In the alternative, the owner may agree with the Division
Manager to put the premises up for sale on terms, conditions and limitations
which would provide a reasonable expectation of securing rehabilitation
of the building thereon within a reasonable period of time. If the
sale does not occur within the time specified, the Division Manager
may thereafter demolish the building without further notice or proceedings.
[1980 Code §§ 121-113, 98-121]
Where premises are ordered vacated, all doors to the exterior shall be locked and first-story or basement and cellar windows barred or boarded to prevent entry. Where an order is issued under § 13-86, it shall be served on all persons affected thereby pursuant to § 13-64b. When the conditions of the violations complained of are corrected, the owner or occupant affected thereby may request a reinspection, which shall be provided upon the payment of a reinspection fee as provided below. Based on the reinspection, the Division Manager shall issue a further order, which shall either revoke the previous order and permit occupancy or state such further conditions or time limits during which additional repairs or improvements are to be made before occupancy is again permitted, or order vacation and demolition as in § 13-86. Upon compliance with the conditions contained in any order, the Division Manager shall permit the signs to be removed and the premises made available again for occupancy.
a.
Reinspection fee upon notice of violation: $20.
[1980 Code § 121-114]
Where the owner, operator or occupant fails to comply with any order hereunder or to perform in accordance with any written commitment as provided herein, or removes any notice provided for herein or any lock or bar without the permission of the Division Manager, he shall be deemed in violation of this Code and subject to the penalties provided herein. In addition thereto, the Division Manager may take such steps as may be necessary to compel vacation and boarding up of any premises and may post signs prohibiting occupancy. Nothing herein shall be construed to permit the Division Manager to demolish any property except pursuant to an agreement under § 13-86. Upon failure to comply with any such order, the premises shall constitute a public nuisance and the Division Manager may take such further action under the criminal and civil laws of this State through any court of competent jurisdiction as may be necessary to remove or abate the nuisance.
[1980 Code § 121-115]
Where the Division Manager makes a preliminary finding that conditions on the premises constitute an immediate and substantial threat to the safety or health of occupants or persons in proximity to the premises, he may order and direct that the premises be vacated immediately and that signs or notice be posted prohibiting occupancy thereof and that the premises be locked and boarded up as provided in § 13-87.
