[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.
A.
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:
(1)
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.
(2)
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.
(3)
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."
(4)
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.
(5)
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.
B.
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:
A.
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.
B.
To administer oaths and affirmation, examine witnesses and receive
evidence.
C.
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.
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.
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.
