[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,
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.
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.