[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 8-20-62 as Ord. 584. Section 59-3 added at time of adoption
of Code. Amended 8-5-68 by Ord No. 658. Amended in its entirety 4-18-94
by Ord. No. 1167. Further amendments
noted where applicable.]
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.
A.
The Health Officer of the Borough of Somerville is hereby appointed
and designated as the Public Officer who shall exercise the powers
described by this chapter.
B.
Any building or buildings, or parts thereof, which have come into
a state of disrepair through neglect, lack of maintenance or use,
fire, accident or other calamities, or through any other act rendering
the building or buildings, structures or parts thereof, in a state
of disrepair to the extent that the building is unfit for human habitation
or occupancy or use, shall be deemed inimical to the welfare of the
residents of the municipality wherein it is located, and the Public
Officer may exercise his powers to repair, demolish, or cause the
repairing or demolition of the building or buildings, or structures
or parts 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.
A.
The Public Officer may determine that a building is unfit for human
habitation or occupancy or use if it is determined that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such buildings, the occupants of neighboring
buildings or other residents of the borough. Such conditions may include
the following, without limiting the generality of the foregoing:
(1)
Defects therein increasing the hazards of fire, accident or other
calamities.
(2)
Lack of adequate ventilation, light or sanitary facilities.
(3)
Dilapidation.
(4)
Disrepair and structural defects.
(5)
Uncleanliness.
(6)
Failure to comply with the requirements of the Building Code or the
certificate of occupancy.
(7)
Damage by fire, flood or any other cause which would render a building
unfit or injurious to the health or safety of the occupants of such
buildings or structures.
B.
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 judgement in summary
proceedings for the demolition thereof.
C.
The Public Officer, in reaching such determination, shall be guided
by, among other things, the standards set by the Building Code, Zoning
Ordinance and Health Ordinances of the borough and by the pertinent
requirements of Titles 26 and 40 of the New Jersey Revised Statutes.
D.
In the determination of unfit buildings and structures, the Public
Officer shall consult with the Zoning Officer, Construction Official,
Fire Inspector, Fire Official, Borough Engineer or such other officers
and employees of the Borough as he deem necessary and appropriate.
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.
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 proceedings 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 and any costs incurred
for the relocation of the occupants of said buildings and structures
shall be a lien against the real property upon which such costs were
incurred. The detailed statement of the aforesaid costs shall be filed
with the custodian of the records of tax liens, and a copy of the
detailed statement shall be forthwith forwarded to the owner by registered
mail. If the building is removed or demolished by the Public Officer,
he shall sell the materials of such building and shall credit the
proceeds of such sale against the cost of the removal or demolition,
and any 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, provided, however, that nothing in
this section shall be construed to impair or limit in any way the
power of the borough 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 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 amount or the accuracy of the costs set forth in the municipal
lien certificate.
B.
In addition to assessing the costs set forth in Subsection A above as a municipal lien against the premises, the borough may enforce the payment of such assessment and costs, together with interest as a debt of the owner of the premises and may authorize the institution of an action at law for the collection thereof.
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.