[HISTORY: Adopted by the Council of the City of Perth Amboy 5-21-1991 as Ord. No. 547-91. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the public health, safety
and welfare by regulating the occupancy and use of buildings and structures
and by establishing minimum standards.
B.
Any vacant building or structure or part thereof, whether used for
human habitation or otherwise, including any appurtenances thereto,
which is unfit for occupancy or use may be repaired or demolished
as hereinafter provided.
The following terms, whenever used or referred to in this chapter,
shall have the following meanings:
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire or building regulations or to other
activities concerning buildings in the City of Perth Amboy.
The official designated by this chapter to exercise the powers
described herein and by N.J.S.A. 40:48-2.3 et seq.
A structure is unfit for human habitation whenever the public officer finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by Chapter 335, Property Maintenance, of the City Code or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
[Added 6-7-1995 by Ord.
No. 771-95]
Includes any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is
in such disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or occupants of the
premises or structure.
[Added 6-7-1995 by Ord.
No. 771-95]
An unsafe structure is one that is found to be dangerous
to the life, health, property or safety of the public or the occupants
of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
partial or complete collapse is likely.
[Added 6-7-1995 by Ord.
No. 771-95]
[Amended 6-7-1995 by Ord.
No. 771-95]
The Director of Code Enforcement is hereby designated as the
public officer to exercise the powers and duties prescribed by this
chapter.
[Amended 9-13-00 by Ord. No. 1057-2000]
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 whenever
it appears to the public officer on his own motion that any building
is unfit for human habitation, occupancy or use or that the continuing
of any condition constitutes a nuisance in the meaning of this chapter
presents a condition harmful to the health and safety of the occupants
of said building and the general public of the municipality, the public
officer after an on-site hearing shall order a structure vacated and
secured if after an inspection and review of the facts the building
is determined to be an immediate hazard to the health, safety, and
welfare of anyone near or about it. Otherwise, if there is no emergency
situation but there is a basis for such charge the public authority
shall issue and cause to be served upon the owner of and parties in
interest in such building a complaint stating the charges 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 seven
(7) 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. If the owner
of the building cannot be located or contacted within three (3) days
of the public officer concluding his investigation, the public officer
shall obtain quotes for all the work necessary to make said building
fit for human habitation and may contract the necessary repairs. These
repairs shall be paid by the funds within the budget line item designated
securing of buildings.
If, after such notice and hearing, 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
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
or, 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 said building within 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
said order of removal.
[Amended 9-1-1992 by Ord.
No. 628-92]
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. 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 any orders to remove or demolish the building, the public officer may cause such building to be removed or demolished or may contract for the same after advertisement for and receipt of bids therefor. If the public officer causes such building to be removed or demolished or if the public officer contracts for the same after advertisement and receipt of bids therefor, such removal or demolition shall also include the closure of any and all underground storage tank systems pursuant to the applicable provisions of N.J.S.A. 58:10A-22 et seq., any and all applicable rules and regulations promulgated by authority thereof and the applicable provisions of N.J.A.C. 7:14B-9.1 et seq. The cost associated with the closure of any aforesaid underground storage tank systems shall be considered a cost of vacating and closing or removal or demolition under § 175-7 herein.
A.
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 chapter determined in favor of the
municipality, 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.
B.
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, including the
clearance and, if necessary, leveling of the site, 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 Municipal Tax Assessor or other custodian
of the records of tax liens 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 manner
as may be directed by such Court and shall be disbursed according
to the order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of such Court.
C.
An owner or party in interest may, within thirty (30) 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 municipal lien certificate.
A.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the public officer 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.
B.
Nothing in this chapter shall be construed to impair or limit in
any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this chapter intended to limit the authority
of the enforcing agency or construction official under the State Uniform
Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any rules or
regulations adopted thereunder.
Complaints or orders issued by the public officer shall be served
personally or by registered 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, the public officer shall
make an affidavit to that effect and then serve such complaint or
order by publishing the same once in a newspaper printed and published
in the City of Perth Amboy or, in the absence of such newspaper, in
one printed and published in the county and circulating in the City
of Perth Amboy. 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 recording officer of the county.
[Amended 6-7-1995 by Ord.
No. 771-95]
The public officer may determine that a building is an unsafe structure, has unsafe equipment and/or is unfit for human habitation, occupancy or use, as defined in this chapter, if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of such municipality as defined in this chapter. In addition to the foregoing provisions of this section and without limiting or restricting the same, the public officer may rely upon the standard(s) specified in Chapter 335, Property Maintenance, of the City Code, or any other ordinances now or hereafter adopted in the City of Perth Amboy in determining the fitness of any building for human habitation or other occupancy or use.
The public officer designated in this chapter is hereby authorized
to 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
or occupancy or use.
B.
To administer oaths, affirmations, examine witnesses and receive
evidence.
C.
To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
[Amended 2-12-2014 by Ord. No. 1712-2014]
Any and all persons who shall violate any of the provisions
of this chapter or who fail to comply with any order made hereunder
and who shall interfere with or hinder the public officer or any other
duly appointed officer, agent or employee in the execution and fulfillment
of his duties under this chapter shall, upon conviction, be punished
by a fine not less than one hundred dollars ($100) and not more than
two thousand dollars ($2,000) or by imprisonment in the county jail
for a period not to exceed ninety (90) days, or by both such fine
and imprisonment, and each violation of any of the provisions of this
chapter and each day there is a violation thereof shall be deemed
and taken to be a separate and distinct offense.
If the city chooses to impose a fine in an amount greater than
one thousand two hundred fifty dollars ($1,250) upon an owner for
violations of housing or zoning codes, it shall provide a 30-day period
in which the owner shall be afforded an opportunity to cure or abate
the condition and shall be afforded an opportunity for a hearing before
a court of competent jurisdiction for an independent determination
concerning the violation. Subsequent to the expiration of the 30-day
period, a fine greater than one thousand two hundred fifty dollars
($1,250) may be imposed if a court has not determined otherwise, or,
upon reinspection of the property, it is determined that the abatement
has not been substantially completed.
