The Chairman of the Committee of Public Safety be and he is
hereby designated as the public officer to exercise powers prescribed
by this chapter and by N.J.S.A. 40:48-2.3 et seq.
The public officer may determine that a building is unfit for
human habitation, occupancy or use if he finds that such conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such buildings, the occupants of neighboring
buildings or other residents of such municipality. 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; and uncleanliness.
The public officer may exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions
of this chapter, including the following powers in addition to others
herein granted:
A. To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation,
occupancy or use.
B. To administer oaths, affirmations, examine witnesses and receive
evidence.
C. To enter upon premises for the purpose of making examinations.
D. To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this chapter. The officer, agent and employee to whom the powers and functions of the public officer have been delegated are hereby authorized to exercise the powers contained in §
16-3 A, B and C.
E. To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Complaints or orders issued by said public officer shall be
served upon persons either personally or by registered mail or if
the whereabouts of such person is unknown and the same cannot be ascertained,
then the serving of such complaint or order upon such persons may
be made by publishing the same once a week for two (2) successive
weeks in a newspaper printed and published in the county and circulating
in the borough. 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 duly recorded or
lodged for record with the County Clerk.
Whenever a petition is filed with the public officer by a public
authority, or by at least five (5) residents of the municipality,
charging that any building is unfit for human habitation or occupancy
or use or whenever it appears to the public officer, on his own motion,
that any building is unfit for human habitation or 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 (or his designated agent) at
a place therein fixed not less than ten (10) days nor more than thirty
(30) days after the 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 place and time fixed in the complaint; and that the rules of
evidence prevailing in the courts shall not be controlling in hearings
before the public officer.
In the event that any provision or provisions of this chapter,
as applied to any persons or circumstances, is held to be invalid,
the remaining provisions of the ordinance and the application of such
provisions to persons or circumstances other than those to which it
is held invalid shall not be affected thereby.
The following terms whenever used or referred to in this chapter
shall have the following respective meanings for the purposes of this
chapter, unless a different meaning clearly appears from the context:
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
GOVERNING BODY
The Council of the Borough of Merchantville charged with
governing the municipality.
OWNER
The holder of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Merchantville,
County of Camden, State of New Jersey, relating to health, fire or
building regulations or to other activities concerning dwellings in
the Borough of Merchantville.
PUBLIC OFFICER
The officer or officers who are authorized by this chapter
to exercise the powers prescribed by this chapter.
Ordinance No. 236 and Ordinance No. 300 are hereby repealed,
and this chapter shall take effect upon due passage and publication
according to law.