Whenever a petition is filed with the Public Officer by a public authority or by at least five (5) residents of the City of Orange charging that any building is unfit for human habitation or occupancy or use whenever it appears to the Public Officer, on his own motion, that any building is unfit for human habitation, occupancy or use, 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 building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer at his office in Orange City Hall on a date therein fixed, which shall be not less than ten (10) nor more than thirty (30) days after service of the complaint and notice.
In making a determination of whether a building is unfit for human habitation or use, the Public Officer shall determine whether, by reason of violations of this code existing in the building or on the premises, the continued occupancy of the building will 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 (1) or more essential utilities, including public sewer, water supply or electricity.
F.
Where the premises were not designed or constructed for human habitation, whether by reason of the same, occupancy constitutes an unnecessary hazard to safety or health.
The owner and parties in interest may file a written answer with the Public Officer to the complaint prior to the date of the hearing or may appear in person or otherwise and give testimony at the hearing. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer.
If, after such notice and hearing, the Public Officer determines that the building under consideration is unfit for human habitation, 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 requiring the repair, alteration or improvement of the building to be made by the owner, within a reasonable time as specified in the order, or, at the option of the owner, to vacate or have the building vacated and closed within the time set forth in the order, and all doors to the exterior shall be locked and first story or basement and cellar windows barred or boarded to prevent entry. The order may also prohibit occupants from paying, and the owner and operator from receiving, rent or other compensation for use and occupancy from and after the date on which such building or premises is ordered vacated or demolished. 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 building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order.
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; that 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." If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, 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 thereof. Where the owner, operator, occupant or any party in interest fails to comply with any order hereunder or removes any notice posted pursuant hereto or any lock or bar without the permission of the Public Officer, he shall be deemed in violation of this code and subject to the penalties provided herein. Upon failure to comply with any such order, the premises shall constitute a public nuisance, and the Public Officer may take such further action under the criminal or civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate the nuisance.
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 section 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 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 Director of Finance, and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer, 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 person found to be entitled thereto by final order or judgment of such court. Any owner or party in interest may, within sixty (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 lien certificate.
Where the Public Officer 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 § 156-83 above, pending the institution of proceedings under this Article.
[Amended 4-16-74 by Ord. No. 29-74]
Complaints or orders issued by the Public Officer pursuant to this Article shall be served upon persons either personally or by certified 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 (2) successive weeks in one (1) of the officially designated newspapers. In addition, a copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order and duly recorded or lodged for record with the Essex County Register.
Any person aggrieved by an order issued by the Public Officer under this Article may, within sixty (60) days after the posting and service of such order, bring an action for injunctive relief to restrain the Public Officer from carrying out the provisions of the order and for any other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant thereto or because of noncompliance by any person with any order of the Public Officer.