It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the borough which
are so old, dilapidated or have become so out-of-repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy
or use are inimical to the welfare and dangerous and injurious to
the health and safety of the people of the borough and that a public
necessity exists for the repair, closing or demolition of such building
or buildings or part thereof.
The Public Officer 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 other herein granted:
A. To investigate the building conditions in the borough in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
B. To administer oaths and 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 the ordinances.
E. To delegate any of his functions and powers to such officers and
agents as he may designate.
Whenever a petition is filed with the Public Officer by a public
authority or by at least five (5) residents of the borough 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, at a place therein fixed, not less
than seven (7) days nor more than thirty (30) days after the serving
of the complaint, that the owner and parties in interest shall be
given the right to file an answer to the complaint and 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 the hearings before the Public Officer.
Complaints or orders issued by the Public 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 the Public Officer in the exercise
of reasonable diligence and the Public 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 in a newspaper printed
and published in the borough or, in the absence of such newspaper,
in one printed and published in the County and circulating in the
borough in which the buildings are located. 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 Clerk of the County
of Somerset.
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 owner to make the repair, alteration or improvement of the building
within a reasonable time, which time shall be set forth in the order,
or at the option of the owner, to vacate or have the building vacated
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 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 the building within a reasonable time as specified in
the order of removal.
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, and the Public Officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This buildings 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 an order to remove or demolish
the building, the Public Officer may cause such building to be removed
or demolished.
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 power conferred by this
chapter shall be in addition and supplemental to the powers conferred
upon the borough by any other law or ordinance.