[1979 Code § 27-1.1; Ord. No. 23-40 § 1]
It is hereby found and declared that there exists in the City, premises which are, or may become, unfit for human habitation or occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such premises or part thereof, unsafe or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the City and persons upon or having access to the premises. It is further found and declared that by reason of lack of maintenance and progressive deterioration, the condition of certain premises has the further effect of creating blighting conditions, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions as herein contained, deterioration may be prevented with neighborhood and property values thereby maintained. The desirability and amenities of premises and neighborhoods may be enhanced and the public health, safety and welfare protected and fostered.
[1979 Code § 27-1.2; Ord. No. 23-40 § 2]
The purpose of this Code is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of premises situated in the City, used or intended to be used or designed to be used, in whole or in part, for commercial, business, industrial or any other nonresidential occupancy; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make such premises fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners, occupants, operators or other parties in interest, and distinct and separate responsibilities and duties upon occupants; to prevent blighting conditions and deterioration of property values; to authorize and establish procedures for the inspection of such premises; to fix penalties for the violation of this Code; to provide for the right of access across adjoining premises to permit repairs; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use. This Code is hereby declared to be remedial and essential for the public interest and it is intended that this Code be liberally construed to effectuate the purpose as stated herein.
[1979 Code § 27-1.3a; Ord. No. 23-40 § 3]
Each and every building and the premises on which it is situated in the City, used or intended to be used or designed to be used, in whole or in part, for commercial, business, industrial or any other nonresidential occupancy shall comply with the provisions of this Code, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this Code, and regardless of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this Code. This Code establishes minimum standards for the initial and continued occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided herein. Where there is mix occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of this Code.
[1979 Code § 27-1.3c; Ord. No. 23-40 § 3]
After the date of enactment hereof, all licenses and permits relating to such buildings and premises which may be issued or renewed pursuant to any other ordinances of the City, may be issued or renewed only upon compliance with this Code as well as compliance with the ordinances under which such licenses and permits may be granted or renewed.
[1979 Code § 27-1.3c; Ord. No. 23-40 § 3]
Compliance with this Code shall not constitute a defense against the violation of any provisions of any other regulation of the City applicable to any building or premises, nor shall compliance with any provision of this Code relieve any owner, operator or occupant from complying with any such other provision, nor relieve any official of the City from enforcing any such other provision.
[1979 Code § 27-1.4a; Ord. No. 23-40 § 4]
Owners and operators shall have all the duties and responsibilities promulgated herein. No owner or operator shall be relieved from such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
[1979 Code § 27-1.4b; Ord. No. 23-40 § 4]
Occupants shall have all the duties and responsibilities as prescribed herein; and the occupant shall not be relieved of any such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator or both is or are also responsible therefor, and in violation thereof.
[Ord. No. 54-28]
It shall be unlawful for any person or entity to allow dumping, depositing or storage of snow, ice and construction debris, but not limited to snow, ice, gravel, fill, top soil, etc.
[1979 Code § 27-1.5a; Ord. No. 23-40 § 5; Ord. No. 23-63 § 1]
The provisions of this subsection shall constitute the standards to guide the Public Officer and his agents in determining the fitness of premises for human habitation, use and occupancy; and in determining whether premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values.
[1979 Code § 27-1.5b; Ord. No. 23-40 § 5; Ord. No. 23-63 § 1]
The words, terms or phrases listed below, for the purposes of this Code, are hereby defined and shall be interpreted as follows:
BATHROOM
Shall mean any enclosed space which contains one (1) or more of the following, i.e., bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.
BUILDING
Shall mean any building or structure, or part thereof whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
DETERIORATION
Shall mean the condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive wear.
DILAPIDATION
Shall mean falling out of repair or decayed.
EXPOSED TO PUBLIC VIEW
Shall mean any premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighborhood premises.
EXTERIOR OF THE PREMISES
Shall mean: (a) any part of the premises not occupied by any building thereon; (b) any open space on the outside of the building, up to and including sidewalk, curb and gutter; or (c) any part of the building which is exposed to the elements.
EXTERMINATION
Shall mean the control and elimination of insects, rodents and vermin by eliminating their harborage places; or by removing or making inaccessible material that may serve as their food; or by poisoning, spraying, fumigating, trapping or any other approved means of pest elimination.
GARBAGE
Shall mean the animal and vegetable and any other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.
INFESTATION
Shall man the presence, on or within a premises, of any insects, rodents or other pests.
MIXED OCCUPANCY
Shall mean any building containing one (1) or more dwelling units, rooming units or hotel or motel accommodations and also having a portion thereof devoted to nonresidential uses.
NUISANCE
Shall mean:
a. 
Any public nuisance known at public law or in law or equity jurisprudence, or as provided by the statutes of the State of New Jersey, or the ordinances of the City.
b. 
Any inadequately protected well, shaft, basement, excavation, abandoned or non-driveable motor vehicle or equipment, structurally unsound fence or building, lumber, trash, debris or vegetation such as poison ivy, oak or sumac, or other condition which is or may be detrimental to the safety or health of persons.
c. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
d. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
e. 
Fire hazards.
OCCUPANCY UNIT
Shall mean any room or group of rooms or part thereof forming a single usable unit (used or intended to be used, or designed to be used, for nonresidential purposes) and located within a building used or intended to be used or designed to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.
OCCUPANT
Shall mean any person or persons, including the owner, in actual possession of, and using an entire building or an occupancy unit in a building.
OPERATOR
Shall mean any person who has charge, care or control of a premises, or part thereof, whether with or without the knowledge and consent of the owner.
OWNER
Shall mean the holder or holders of the title to premises in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possessions thereof.
PERSON
Shall be given the same meaning as defined in New Jersey Statutes Annotated 1:1-2.
PREMISES
Shall mean a lot, plot or parcel of land and any buildings up to and including sidewalks, curb and gutter and any buildings located thereon.
PUBLIC OFFICER
Shall mean the person or persons who are authorized by this section to exercise powers prescribed by this Code.
REFUSE
Shall mean all putrescible and non-putrescible solid wastes (except body wastes) including but not limited to: garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Shall mean and include all combustible and noncombustible waste material, except garbage.
STRUCTURE
Shall mean an assembly of materials forming construction including, but not limited to, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.
TRANSLUCENT
Shall mean the property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.
WATER CLOSET COMPARTMENT
Shall mean an enclosure containing a single water closet.
WEATHERING
Shall mean deterioration, decay or damage caused by exposure to the elements.
WINDOW
Shall mean an opening in the wall or roof of a building for the admission of light which opening may be closed to the elements by casements or sashes containing glass or other transparent material.
WINDOW DISPLAY AREA
Shall mean that area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.
[1979 Code § 27-16; Ord. No. 23-40 § 6; Ord. No. 26-69 § 1; Ord. No. 27-10 § 1; New]
a. 
The premises shall be kept free of litter (including without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass) which shall include the regular daily sweeping of the sidewalks adjoining such premises and the disposal of same in accordance with the provisions of municipal ordinances governing same. Under no circumstances shall any such refuse or litter be swept into the street or curb area, or any other similar place. The premises shall further be kept free of all nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons, having access to the premises, and free of unsanitary conditions; and any of the foregoing shall be promptly removed and abated: the word "hazards" shall include, but is not limited to the following:
1. 
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.
2. 
Natural Growth. Dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. Weeds and grass shall not be allowed to exceed five (5) inches in height.
3. 
Overhanging. Loose, overhanging and projecting objects and accumulations of ice and snow which by reason of location above ground level constitute dangers to persons in the vicinity thereof.
4. 
Ground Surface and Unsanitary Conditions. Holes, excavations, breaks, projections, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas, and other parts of the exterior of the premise which are accessible to and use by persons having access to such premises.
5. 
Recurring Accumulation of Storm Water. Adequate run-off drains shall be provided and maintained. Storm water shall be deposited underground to curb or as approved by the City Engineering Department.
6. 
Sources of Infestation.
7. 
Foundation Walls. Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
8. 
Chimneys and Flue and Vent Attachments Thereto. Chimneys and flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed and constructed. Chimneys, flues, gas vents and other draft producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke tight and capable of withstanding the action of flue gases.
9. 
Exterior Porches, Landings, Balconies, Stairs and Fire Escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with bannisters or railings properly designed and maintained structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.
10. 
Abandoned or Otherwise Inoperable Motor Vehicles.
b. 
Any private public parking lot of over twenty-five (25) parking spaces shall be provided with litter baskets of a type to be approved by the public officer. Such litter baskets shall be adequately affixed to the ground. There shall be one (1) such litter basket for each twenty-five (25) parking spaces. Such litter baskets shall be emptied daily and shall be kept in a good state of repair.
c. 
For the purposes of this section, the Police Department shall enjoy concurrent jurisdiction and shall be empowered to issue summonses for any and all violations hereof.
[1979 Code § 27-1.7; Ord. No. 23-40 § 7]
The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards of the neighborhood or such higher standards as may be adopted by the City, and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values including the following:
a. 
Landscaping. Where exposed to public view, the landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.
b. 
Signs and Billboards. All permanent signs and billboards exposed to public view permitted by the zoning regulations and regulated by the building code or other regulations or as a lawful nonconforming use shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with the supporting members, be removed forthwith or put into a state of good repair. All non operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
c. 
Windows and Window Display Areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened by drapes, venetian blinds or other means of making the windows translucent. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
d. 
Repair and Painting of Exterior of Buildings. All store fronts and the exterior of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard or nuisance.
e. 
Awnings and Marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall be so maintained as to not constitute a nuisance or safety hazard. In the event any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event any such awning or marquee is made of cloth, plastic, or of similar materials, the materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.
f. 
Scaffolding. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period of six (6) months after erection or placement thereof without permission of the public officer.
g. 
Fences. Barbed wire fences may only be used for the purpose of protecting the area enclosed, and in the event of use of such fencing, the lowest point of the barbed wiring thereof must be at least six (6) feet from the ground level.
In the event any fence is broken down or becomes so deteriorated as to be classified as dilapidated, then and in that event the failure to comply with a directive to repair or replace such fence shall be considered as a violation of this section.
Where by reason of the maintenance of property or the use thereof, the same becomes unaesthetically acceptable, then and in that event and in the discretion of the Public Officer he shall have the authority to order the premises to be fenced for the purpose of screening the area from public view.
[1979 Code § 27-1.8; Ord. No. 2 3-40 § 8]
The exterior of every building shall be maintained in good repair and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance. All exterior surfaces thereof shall be maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the building itself may be preserved, safety and fire hazards eliminated, and adjoining properties and the neighborhood protected from blighting influences.
[1979 Code § 27-1.9; Ord. No. 23-40 § 9]
a. 
Floors shall be maintained in a structurally sound condition capable of safely bearing imposed loads and shall be maintained at all times in a condition as to be free of hazards.
b. 
Bathroom and water closet compartment floors shall be surfaced with water resistant material and shall be kept in a dry, clean and sanitary condition at all times.
c. 
All portions of any structure shall be kept structurally sound, free from deterioration and capable of safely bearing imposed loads.
d. 
In buildings containing not more than four (4) occupancy units, it shall be the responsibility of each of the occupants and, in buildings containing more than four (4) occupancy units, it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish until removal thereof and to provide for the periodic removal of all garbage and rubbish from the premises in accordance with the regulations and ordinances of the City.
e. 
Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
1. 
Such garbage is stored in watertight receptacles of metal or other material approved by the public officer with tight fitting covers;
2. 
Such rubbish is stored in watertight receptacles of metal or other material approved by the public officer and provided with tight fitting covers;
3. 
Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition;
4. 
Such areas, if located outside of a building, and visible from any public walk, street or public parking area, are shielded by a method approved by the Public Officer and constructed in compliance with the applicable provisions of the building code of the City;
5. 
Such other area is of fireproof construction.
f. 
Rubbish and garbage shall be placed or kept on the property within the building located thereon or not nearer to the street line than the building line or nearer to the street line than the face of the building, whichever distance from the street line is the greater, except during any "clean-up week" proclaimed by the City Council.
g. 
Inflammable or combustible liquids or other materials shall not be stored on the premises unless they are of a type approved for storage by regulation of the Fire Department and then only in such quantities and in such fireproof storage containers as may be prescribed by applicable Fire Department regulations.
h. 
Every occupant of a single occupancy unit in a building comprising a single occupancy unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and each occupant of an occupancy unit in any building which has more than one (1) occupancy unit shall be responsible for such extermination whenever his occupancy unit is the only one infested. Notwithstanding the foregoing provision, whenever infestation is caused by failure of the owner or operator to maintain any such building in a reasonably pest-proof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two (2) or more of the occupancy units in any building or in the common parts of any building containing two (2) or more occupancy units, extermination thereof shall be the responsibility of the owner and operator.
[1979 Code § 27-1.10; Ord. No. 23-40 § 10]
a. 
Every building shall be provided with electric service where required, in accordance with the standards of the State Uniform Construction Code.
b. 
Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.
c. 
Maximum fuse sizes as specified by the State Uniform Construction Code, shall be posted conspicuously on the inside cover of all fuse boxes and no fuse shall be installed therein in excess of the state maximum. Owners and operators shall not be held responsible for violation in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants other than the owner.
[1979 Code § 27-1.11a; Ord. No. 23-40 § 11]
Upon discovery by an occupant of any condition on the premises which constitutes a violation of this Code, the occupant shall report the same to the Public Officer responsible for enforcement of this Code.
[1979 Code § 27-1.11b; Ord. No. 23-40 § 11]
All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe, or which would prevent the owner or operator from performing any duty required hereunder.
[1979 Code § 27-1.12a; Ord. No. 23-40 § 12; New]
The Public Officer shall be synonymous with the Zoning Officer of the City of Linden.
[1979 Code § 27-1.12b; Ord. No. 23-40 § 12]
All premises within the City covered by this Code shall be subject to inspection by the Public Officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the person in possession. The owner, operator and persons occupying the same shall give the Public Officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alteration or corrections as are necessary to effect compliance with the provisions of this Code or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this Code.
[1979 Code § 27-1.12c; Ord. No. 23-40 § 12]
For the purposes of this Code, the Public Officer may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or to other residents of the City. Such conditions may include the following (without limiting the generality of the foregoing): including the hazards of fire; accident or other calamities; dilapidation and deterioration.
[1979 Code § 27-1.12d; Ord. No. 23-40 § 12]
Whenever a petition is filed with the Public Officer by a public authority (as defined in New Jersey Statutes Annotated 40:48-2.4) or by at least five (5) residents of the City 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 the complaint; and 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 of the State of New Jersey shall not be controlling in hearings before the Public Officer.
[1979 Code § 27-1.12e; Ord. No. 23-40 § 12]
If, after the notice and hearing provided for in subsection 12-10.4, the Public Officer determines that the building under consideration is unfit for human habitation or 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:
a. 
The repair, alteration or improvement of the building to be made by the owner within a reasonable time, which time shall be set forth in the order at the option of the owner to vacate or to have the building vacated and closed within the time set forth in the order.
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 the building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in the order of removal.
[1979 Code § 27-1.12f; Ord. No. 23-40 § 12]
If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, 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; and 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."
[1979 Code § 27-1.12g; Ord. No. 23-40 § 12]
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.
[1979 Code § 27-1.12h; Ord. No. 23-40 § 12]
The amount of:
a. 
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 Code determined in favor of the City.
b. 
The cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, undertaken pursuant to Section 12-10 and subsection 12-10.7 hereof, 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 (herein called the municipal lien certificate) of the aforesaid costs and the amount so due, shall be filed by the Public Officer with the Municipal Tax Assessor of the City and a copy thereof shall be forthwith forwarded by the Public Officer to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited with the Clerk of 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 of judgment of the court to the persons found to be entitled thereto by final order of judgment of such court; provided, however, that nothing contained in this Code shall be construed to limit or impair in any way the power of the City to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within sixty (60) days from the date of the filing of the municipal 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 municipal lien certificate.
[1979 Code § 27-1.12i; Ord. No. 23-40 § 12]
a. 
Who May Apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this Code without having a right of access to the premises through or across adjoining premises not owned by him or under his control, and where right to access has been refused, such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the Police Officer, setting forth the facts and applying for a certificate of necessity, the Public Officer shall serve written notice of the hearing on the application upon the applicant for such certificate and upon the owner or person empowered to grant such access. The notice of hearing shall state the matters to be considered at the hearing and shall be served in the manner prescribed for the service of complaints and orders by New Jersey Statutes Annotated 40:48.2.7, except that the Public Officer shall not be required to record or lodge a copy of such notice with the County Recording Officer of the County of Union. At least ten (10) days notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Public Officer in the exercise of reasonable diligence, at least thirty (30) days notice thereof shall be given, calculated from the date of the first newspaper publication thereof.
b. 
Hearing. On the day fixed for hearing, the Public Officer shall provide opportunity for the owner or person empowered to grant such access to state why such access should not be granted.
c. 
Issuance of Certificate Conditions. If the Public Officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this Code, then the Public Officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the Public Officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set forth for the bond shall take into consideration the extent, nature and duration of the repair and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. The bond, if required, shall be filed with the Public Officer.
d. 
Refusal to Comply with Certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this Code, and in addition, to the penalties provided hereunder, the Public Officer may upon affidavit, setting forth the facts, apply to the Judge of the City of Linden, or the Superior Court of New Jersey, for a warrant authorizing access and, if the Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a warrant permitting access.
[1979 Code § 27-1.12j; Ord. No. 23-40 § 12]
Complaints, orders and certificate of necessity issued by the Public Officer pursuant to this Code shall be served and recorded or lodged for record in the manner prescribed in New Jersey Statutes Annotated 40:48.2.7. The public officer in hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purposes and provisions of this Code, including but not limited to the following, in addition to others herein granted: (a) to administer oaths, affirmations, examine witnesses and receive evidence; and (b) to make and adopt such written rules and regulations as he may deem necessary and the City Council approves by resolution, for the proper enforcement of the provisions of this Code; provided, however, that such rules and regulations shall not be in conflict with the provisions of this Code, nor in anywise alter, amend, add to or supersede any of the provisions hereof. The Public Officer shall file a certified copy of all such rules and regulations in his office and in the office of the City Clerk.
[1979 Code § 27-1.12k; Ord. No. 23-40 § 12]
The public officer shall submit to the City Council each year, an annual report of his activities during the preceding calendar year, which report shall include such recommendations as he may have with reference to proposed amendments to this Code.
[1979 Code § 27-1.13; Ord. No. 23-40 § 13]
Notwithstanding anything contained in this chapter, the provisions thereof shall not apply to any land located in an industrial zone and existing in its natural state.
[1979 Code § 27-1.14; Ord. No. 23-40 § 14]
The service of orders for the correction of violations of this Code shall be made upon the owner, occupant or other persons responsible for the conditions, either by delivering a copy of same to such person, or by delivering the same to and leaving it with any person in charge of the premises, or by sending it by mail to the owner, occupant, operator or other parties in interest.
[Ord. No. 61-58]
a. 
Before any real property for any use may be transferred, it shall be necessary for the owner to procure a Municipal Continued Certificate of Occupancy from the zoning official or designated representative. This certificate shall not be issued unless the real property conforms to all requirements of the National, State, County and Local Codes and of this chapter. The fee for the Municipal Continued Certificate of Occupancy is set in accordance with paragraph c of this subsection.
b. 
Commercial Municipal Continued Certificate of Occupancy.
1. 
It shall be unlawful for any owner to use or permit the use of any real property or part thereof, hereafter erected, altered, converted or enlarged, wholly or in part, until a Municipal Continued Certificate of Occupancy, applied for at the time of application for a real property permit, shall have been issued by the Zoning Official or his designee. Such Certificate shall show that such real property, or part of a real property, and the proposed use thereof, conforms to the requirements of this subsection. It shall be the duty of the Zoning Official or his designee to issue a Municipal Continued Certificate of Occupancy only when he is satisfied that the real property, or part of a real property, and the proposed use thereof so conform.
2. 
Should the Zoning Official or his designee decline to issue a Municipal Continued Certificate of Occupancy, his reasons for doing so shall be so stated on one (1) copy of the application and that copy returned to the applicant.
3. 
Upon written request from an owner or tenant, the Zoning Official or his designee shall issue a Municipal Continued Certificate of Occupancy for any real property or use of land existing at the time of enactment of this subsection certifying, after inspection, the extent and kind of use made of the real property and whether such use conforms to the provisions of this subsection. Such certificate shall be issued without charge within six (6) months of the enactment of this subsection for any nonconforming use of real property.
4. 
The Zoning Official or his designee may issue a temporary Municipal Continued Certificate of Occupancy, for a use of land or a real property which is related to the development of a permitted use of property. Such permits may be issued for a period of six (6) months and no more than one (1) six (6) month extension may be granted.
c. 
Fees.
1. 
Mixed Use Commercial Real properties: $300.00
2. 
Light and Heavy Industrial Real properties 0-25,000 sq. ft.: $750.00
1. 
25,000-50,000 sq. ft.: $1000.00
2. 
50,000 sq. ft. or greater: $1500.00
3. 
Temporary Municipal Continued Certificate of Occupancy for commercial uses: $150.00
4. 
Temporary Municipal Continued Certificate of Occupancy for industrial uses: $500.00
d. 
Penalties for Violations.
Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of the provisions of this subsection or any order, decision or determination by the Board of Adjustment or the Planning Board, shall be deemed guilty and upon conviction thereof, shall for each and every violation and for each and every day such violation continues, be subject to a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
[1979 Code § 27-1.15; Ord. No. 23-40 § 15; New]
Any person who shall violate any of the provisions of this Code shall, upon conviction, be fined one thousand ($1,000.00) dollars fined per week if violation is allowed to go unabated, or be punished by a fine not to exceed five hundred ($500.00) dollars or by imprisonment in the County jail for a period of not to exceed ninety (90) days or both such fine and imprisonment in the discretion of the Judge of the Municipal Court.