[Amended 8-28-07 by Ord. No. 2007-32]
The Director of Office of Inspections of the Town of Secaucus
is hereby designated as the officer charged with the enforcement of
this code, and is hereinafter referred to as the "Enforcement Officer."
In the event of a vacancy in the office of Building Inspector, or
in his absence, the Town Council shall designate an acting Enforcement
Officer. All members of the Police Department and authorized inspectors
of the Fire Department, Building Department and Board of Health of
the Town of Secaucus are hereby designated as assistant enforcement
officers for purposes of the enforcement of this code.
Whenever the Enforcement Officer or any assistant enforcement
officer determines that there are reasonable grounds to believe that
there has been a violation of any provision of this chapter, he shall
give notice of such alleged violation to the person or persons responsible
therefor as hereinafter provided. Such notice shall:
A.
Be in writing.
B.
Include a statement of the reasons why it is being issued.
C.
Be served upon the owner or occupant of the premises or the agent
of either of them, provided that such notice shall be deemed to be
properly served if a copy thereof is served upon such person personally,
or sent by certified or registered mail to his last known address;
or posted in a conspicuous place in or about the premises affected
by the notice.
Such notice shall also state that unless, within 10 days from
service of the notice, a written request is made for a hearing before
the Enforcement Officer, or his designee, said notice shall, at the
expiration of such ten-day period, be deemed an order to cease and
desist from, and to abate, the described violation, and such notice
shall prescribe a reasonable time within which such person shall be
required to cease and desist from and abate such violation. The notice
may also contain an outline of remedial action which, if taken, will
effect compliance with the provision of this chapter.
If a hearing is requested pursuant to Section 104-17, hereof, it shall be commenced not later than 10 days after request therefor is made, provided that for good cause the Enforcement Officer may postpone such hearing for a reasonable time. If, after hearing, the Enforcement Officer or his designee, finds that no violation exists, he shall withdraw the notice. If he finds that a violation does exist he shall enter and issue an order requiring the abatement of same within a prescribed reasonable time. The proceedings at such hearing, including the findings and decision of the Enforcement Officer or his designee, shall be summarized, reduced to writing and entered in a matter of public record in the office of the Enforcement Officer.
At any hearing held before the Enforcement Officer pursuant
to the provisions of this code, the Enforcement Officer or his designee,
shall be vested with all the powers provided by law to issue subpoenas
to compel the attendance of witnesses and parties in interest and
to require the production of books, records and other documents which
may be pertinent to matters to be determined by the Enforcement Officer,
or his designee.
Whenever the Enforcement Officer finds that an emergency exists
which required immediate attention to protect the public health or
safety, he may without notice or hearing issue an order reciting the
existence of such an emergency and requiring that such action be taken
as he deems necessary to meet the emergency. Notwithstanding any other
provisions of this chapter, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately,
but upon petition to the Enforcement Officer shall be afforded a hearing
as soon as possible. After such hearing, the Enforcement Officer shall
continue such order in effect, or modify or withdraw it.
A.
Whenever a petition is filed with the Enforcement Officer by a public
authority or by at least five residents of the Town of Secaucus charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the Enforcement Officer (on his own motion)
that any building is unfit for human habitation or occupancy or use,
the Enforcement 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 Enforcement Officer (or his designated agent) at
a place therein fixed not less than seven days nor more than 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 place
and time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the Enforcement
Officer, or his designee.
B.
If, after such notice and hearing, the Enforcement Officer, or his
designee, 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:
(1)
Requiring the repair, alteration or improvement of the 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 have the said building vacated and closed within the time set forth
in the order; and
(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 the
owner fails to repair, alter or improve the said building within the
time specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said order of removal.
C.
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 Enforcement Officer may cause such building to be repaired, altered
or improved, or to be vacated and closed; that the Enforcement 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 of occupation of this building
is prohibited and unlawful."
D.
If the owner fails to comply with an order to remove or demolish
the building, the Enforcement 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, unless
emergent circumstances exist, under which circumstances an emergency
contract may be entered into in compliance with applicable law.
[Added 12-27-94 by Ord. No. 94-42]
The amount of:
A.
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 act determined in favor of the municipality, and
B.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or
C.
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 contract for removal or demolition thereof,
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shall be a municipal lien against the real property upon which
such cost was incurred. If the building is removed or demolished by
the Enforcement Officer, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
thereof, including the clearance and, if necessary, leveling of the
site, 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 Enforcement 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. Any owner or party in interest may, within 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 accuracy of the costs set forth in the municipal lien
certificate.
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If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the Enforcement Officer may, after taking such measures as may be
necessary to make such building temporarily safe, seek a judgment
in summary proceedings for the demolition thereof.
Notwithstanding the provisions of Section 104-17 hereof, the Enforcement Officer may, at his election, prosecute violators of any section of this code, involving public health or public safety, without notice, by the filing of a complaint with the Clerk of the Municipal Court of the Town of Secaucus.
Any person who shall violate any of the provisions of this chapter
or any other promulgated hereunder shall, upon conviction, be punished
by a fine not to exceed $2,500 or by imprisonment in the county jail
for a period not to exceed 90 days, or by both such fine and imprisonment.
Each violation of any of the provisions of this chapter and each day
that such violation shall continue shall be deemed to be a separate
and distinct offense.
