Pursuant to N.J.S.A. 40A:14-54.1, the Chief of the Salem Fire Department or other superior officer who is charged with the duty of supervising or directing operations at the scene of any fire shall be the sole authority within fire lines established by said Fire Chief or other superior fire officer, at the scene of such fire with respect to all firefighting operations relating to the protection of lives and property endangered by such fire, and within said fire lines such authority shall supersede that of any municipal police authority. The authority hereby invested in the Chief or other superior officer shall terminate at such time as he shall declare the fire out.
A.
Subsequent to the termination of jurisdiction of the Chief of the Fire Department as set forth in § 86-15, or in other situations where no fire was involved, the Construction Code Official shall have the authority set forth in N.J.A.C. 5:23-2.32(b) when, in the opinion of the Construction Code Official, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, to:
(1)
Order and require the occupants to vacate and/or refrain from re-entering the premises forthwith.
(2)
Cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein has been instituted. Such work may include such demolition as may be necessary in order to eliminate any actual and immediate danger to human life; provided, however, that any demolition work shall not commence until at least 24 hours following service of notice of the pending demolition upon the owner, unless such service is not possible because the identity or the address of the owner cannot be determined from public records. Upon expiration of the twenty-four-hour period, demolition may proceed unless stayed by order of the Superior Court.
(3)
When necessary for the public safety, the Construction Official may temporarily close sidewalks, streets, buildings and structures and places adjacent to such unsafe structure, and prohibit the same from being used.
(4)
For the purpose of this section, the Construction Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
B.
Costs incurred in the performance of emergency work shall be paid from the treasury of the City on certificate of the Construction Official; and the City Attorney shall institute appropriate action against the owner of the premises for the recovery of such costs.
C.
An emergency order issued by the Construction Official pursuant to this subsection shall be appealable only to a court of competent jurisdiction.
D.
Service of notices and orders pursuant to this section shall be upon the owner or upon any agent or person in control of the building. Service may be made by personal delivery or by leaving a copy at the dwelling house or usual place of abode of such person, with a competent member of his household of the age of 14 years or older then residing therein, or by any other method or upon any other person approved pursuant to Rules 4:4-4 and 4:4-5 of the New Jersey Supreme Court, or which is otherwise consistent with due process.