[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 5-27-69 by Ord. No. 180. Amendments noted where applicable.
The Health Officer of the Borough of Avon-by-the-Sea is hereby designated as the officer to exercise the powers prescribed by this chapter, and he shall serve in such capacity without any additional salary.
For the purpose of this chapter, the Health Officer may determine that a building is unfit for human habitation 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 the Borough of Avon-by-the-Sea. 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; or uncleanliness.
[Amended 8-27-1979 by Ord. No. 7-1979]
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49- 5.1), the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, and that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, particularly the 1976 edition and amendments thereto, are hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. Copies of the New Jersey State Housing Code and the Fire Prevention Code are annexed to this chapter and three (3) copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
Whenever a petition is filed with the Health Officer by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least five (5) residents of the municipality charging that any building is unfit for human habitation as herein defined, or whenever it appears to the Health Officer, on his own motion, that any building is unfit for human habitation, as herein defined, he 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 Health 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 time and place fixed in the complaints, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Health Officer.
If, after such notice and hearing, the Health Officer determines that the building under consideration is unfit for human habitation, occupancy or use, as herein defined, he shall state in writing his findings of fact and shall serve 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 to have said building vacated and closed within the time set forth in the order.
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 if the owner fails to repair, alter or improve the said building within the time specified in the order that the owner remove or demolish the said building within a reasonable time as specified in the said order of removal.
That, 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 Health Officer may cause such building to be repaired, altered or improved or to be vacated and closed and that the Health 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 occupancy of this building is prohibited and unlawful."
That, if the owner fails to comply with an order to remove or demolish the building, the Health 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.
That 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 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 contracts 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 Health 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 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 exceed such costs, the balance remaining shall be deposited in the Superior Court by the Health 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; provided, however, that nothing in this section 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. 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 municipal lien certificate.
Complaints or orders issued by the Health Officer pursuant to this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by said Health Officer in the exercise of reasonable diligence, and the said Health 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 a newspaper printed and published in the Borough of Avon-by-the-Sea. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.
The Health Officer is hereby authorized and empowered 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, in addition to others herein granted:
To investigate the building conditions in the Borough of Avon-by-the-Sea in order to determine which buildings are unfit for human habitation and occupancy or use.
To administer oaths and affirmation, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.
To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
Any person aggrieved by an order issued by the Health Officer under this chapter may, within sixty (60) days after the posting and service of such order, bring an action for injunctive relief to restrain the Health Officer from carrying out the provisions of the order and for any other appropriate relief. The remedy herein provided shall be exclusive, and no person affected by an order of the Health 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 Health Officer.
[Amended 4-22-02 by Ord. No. 5-2002]
In addition to the action stated in § 82-5 above, complaint may be made to the Municipal Court, and any person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Section 1-15, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be separate and distinct offenses.
Nothing in this chapter shall be construed to abrogate or impair the power of the Borough or any officer or department to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.