For the purposes of this chapter, the following words shall
have the meanings indicated:
BUILDING OFFICIAL
The Director of the Department of Building Inspections and
Code Enforcement of the City of Orange and his designees.
PARTIES IN INTEREST
All persons or entities other than the record owner which
hold recorded instruments affecting the property in question.
The powers prescribed herein are exercisable by the Building
Official, except as may be modified hereunder.
Whenever a petition is filed with the Building Official by at
least five (5) residents of the City of Orange or by any officer or
official of the City of Orange charging that any building is unfit
for human habitation, occupancy or use or whenever it appears to the
Building Official (on his own motion) that any building is unfit for
human habitation or occupancy or use, the Building Official 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 building a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the Building
Official or his designated agent at a place therein fixed not less
than seven (7) nor more than thirty (30) days after the serving of
said complaint. The owners and/or 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 the rules of evidence prevailing in the courts of this
state shall not be controlling in such hearings before the Building
Official.
If after such notice and hearing the Building Official determines that the building under consideration is unfit for human habitation or occupancy or use in accordance with §
156-80, of Chapter
156, Property Maintenance, he shall set forth written findings of fact in support of such determination and shall issue and cause to be served upon the owners thereof and/or parties in interest an order:
A. Requiring 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 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 in or near the premises and the owner fails
to alter, repair or improve said building with the time specified
in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in the order of
removal.
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 Building Official may cause such building to be repaired,
altered or improved or to be vacated and closed, and the Building
Official 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."
If the owner fails to comply with an order to remove or demolish
the building, the Building Official 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.
The amount of the cost of the filing of legal papers, expert
witness fees, search fees and advertising charges incurred in the
course of any proceeding taken under this chapter determined in favor
of the city and the 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 Building
Official, he shall sell the materials from said building. The proceeds
of any sale of such materials or any sum derived from any contract
for the removal or demolition shall be reduced by the cost of removal
or demolition, including the clearance, and, if necessary, the leveling
of the site. If the sum total of such costs exceeds the sum total
of such credits, a statement in detail of the amount of such costs
and the amount due shall be filed with the Municipal Tax Assessor,
and a copy shall forthwith be forwarded to the owner by registered
mail. If the total of credits exceeds the total of costs, the balance
remaining shall be deposited in the Superior Court by the Building
Official, shall be secured in such manner as directed by the Court
and shall be disbursed as ordered by the Court. Any owner or party
in interest may, within thirty (30) days from 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 lien certificate.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Building Official may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
Complaints or orders issued by the Building Official under this
chapter shall be served either personally or by registered mail, but
if the whereabouts of such persons is unknown, despite reasonable
diligence, and the Building Official makes an affidavit to that effect
and files same with the City Clerk, 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 City of Orange. A copy
of such complaint or order shall be duly recorded or lodged for record
with the Essex County Clerk or Register, whoever may be entrusted
with the recording of same.
Any person aggrieved by an order issued by the Building Official
under this chapter may, within thirty (30) days after the posting
and service of such order, bring an action for injunctive relief to
restrain the Building Official from carrying out the provisions of
the order and for other appropriate relief. The Court may proceed
in summary fashion or otherwise.
The Building Official may from time to time grant reasonable
adjournments of hearings and extensions of time limitations set forth
in his orders.
This chapter, being necessary for the welfare of the city and
its inhabitants, shall be liberally construed to effectuate the purpose
thereof.
[Added 5-6-2003 by Ord.
No. 13-2003]
A. Inspections. The Director of Planning and Development or his/her
authorized agent, upon reasonable belief that violations exist, is
hereby authorized and directed to make inspections to determine the
condition of dwelling units, rooming units and premises located within
the city in order that he may perform his duty of safeguarding the
health and safety of the occupants of dwelling and of the general
public. Such inspections shall be made at all reasonable times and
the owner or occupant of such dwelling unit shall give such inspector
full access to the premises in order that he may conduct such inspection.
B. Conversions to rooming houses prohibited. No dwelling unit or house
may be altered, converted or enlarged, wholly or in part for the purpose
of creating a rooming house or other multi-family non-permitted use.
Rooming houses shall be defined as those houses or homes where individual
rooms or parts of a dwelling are rented out to individuals or families
without the requisite permission being granted by the appropriate
agency.
C. Any owner who illegally converts a property to create the above type
premises shall be ordered to convert the premises back to its intended
use within fourteen (14) days of receiving notice of such a violation.
Only a one (1) time emergency extension for no longer than seven (7)
days may be granted by the Director.
The notice must be given to the owner or person responsible
for the building's maintenance and must be in writing. The notice
must specify the violation. The owner shall be responsible for the
immediate emergent relocation of all persons affected by the violation.
If the violation is not corrected, a summons shall be issued.
D. Violation and penalty. Any violation adjudicated in violation of
the above sections shall subject the owner to a fine of one thousand
dollars ($1,000.) per day for every day the violation continues to
exist.
[Added 5-4-2004 by Ord.
No. 13-2004]
A. An abandoned property is hereby defined as one that has not been
legally occupied for a period of six (6) months and meets one (1)
of the following criteria:
(1) The property is in need of rehabilitation and has not been rehabilitated
during the unoccupied period,
(2) Construction has been initiated on the property in the past, but
not for the six (6) month period,
(3) The property has been in tax arrearage for at least one (1) installment
period, or
(4) The property has been determined to be a nuisance by the public officer
(nuisance includes a finding that the property is unfit for human
habitation and/or is determined to be a fire hazard or potential health
and safety hazard).
B. The procedures for municipal acquisition of the abandoned property
shall be that which is set forth in Assembly Bill substitute for 2543.
This shall include the filing of a complaint in the Superior Court
of New Jersey with a certification by the public officer that the
property is abandoned. Thirty (30) days notice must be provided to
the owner prior to the filing of a complaint.
C. The owner may defend against the complaint by submitting a plan for
the rehabilitation and reuse of the property and by posting a bond
equal to one hundred twenty-five percent (125%) of the amount determined
by the public officer (Director of Planning and Development or his
designee) to represent the project cost of rehabilitation. The plan
requires a financial feasibility analysis, a budget and timetable
for rehabilitation of the property and documentation of qualifications
of those who will perform the rehabilitation.
D. The Court shall approve the plan if the plan is realistic and likely
to result in the expeditious rehabilitation and reuse of the property
and, correspondingly, the Court shall disapprove of the plan if unrealistic.
If the Court approves the owner's plan, it may appoint the public
officer to act as monitor of the owner's compliance. If the owner
fails to carry out any step in the approved plan, the public officer
shall notify the Court, which may order to bond forfeit, grant the
municipality possession of the property, and authorize the municipality
to use the proceeds of the bond for rehabilitation of the property.
E. The owner shall provide quarterly reports to the municipality and
the Court on the owner's progress toward rehabilitation and reuse
of the property.
F. If an owner fails to successfully defend against a complaint, a mortgage
holder or lien holder may seek to be designated in possession for
the property by submitting a plan and posting a bond meeting the same
conditions described above. If no mortgage holder or lien holder meets
these conditions, the municipality shall submit a plan which shall
designate an entity that shall implement the plan. This entity may
be the municipality or a qualified rehabilitation entity, organized
or authorized to do business under New Jersey law, which shall have
as one of its purposes the construction or rehabilitation or residential
or nonresidential buildings, the provision of affordable housing and
the restoration of abandoned property, among others.
G. If the municipality is granted possession of a property under this
section, the municipality shall be deemed to have an ownership interest
in the property for the purpose of filing plans with public agencies
and any state program of grants or loans. Where the municipality borrows
funds for the express purpose of rehabilitating the property, the
court may authorize the municipality to grant a lien or security interest
with priority over all other liens or mortgages other than municipal
liens.
H. With the granting of possession by the Court to a municipality of
a property determined to be abandoned, the owner shall continue to
be responsible for all taxes or other municipal liens and charges,
or mortgages or liens to any party, incurred on the property, whether
those taxes, charges or liens are incurred before or after the granting
of possession; nor shall the owner be relieved of any operating or
maintenance expense associated with the property. Similarly, although
the municipality is required to maintain, safeguard, and maintain
insurance on the property, the owner shall not be relieved of any
civil or criminal liability or any duty imposed by reason of acts
or omissions of the owner relating to the property.
I. The municipality is authorized to seek Court approval to assign its
rights to another entity, which may be granted under the circumstances
enumerated in this section.
J. An owner may petition for reinstatement of the owner's control
and possession of the property. The petition's requirements and
conditions shall be determined by the Court for reinstating the owner's
rights.
K. If the municipality sells the property, this section sets forth the
order of distribution of the proceeds of such a sale. This section
authorizes the public officer, with the approval of the Court, to
place a lien on the property to cover any costs of the municipality
incurred prior to the granting by the Court of an order of possession
which may include costs incurred to stabilize or secure the property.
L. This section authorizes municipalities to hold special tax sales
with respect to those properties eligible for tax sale under R.S.
54:5-19 which are also on an abandoned property list and sets forth
procedures governing those special tax sales. In the case of any eminent
domain proceeding carried out under section 37 of P.L. 1966, c. 62
(C. 55:19-56), this section establishes the parameters for establishing
fair market value.