[Ord. #2/7/90 § 1; #028/00; Ord. #010/06]
The International Property Maintenance Code shall be and is
hereby adopted as the Existing Structures Code of the Town for the
control of buildings and structures as herein provided; and each and
all of the regulations, provisions, penalties, conditions and terms
of said International Property Maintenance Code are hereby referred
to, adopted, and made a part thereof.
[1]
Editor's Note: A copy of the International Property Maintenance
Code is on file in the office of the Town Clerk.
[Added 3-28-2022 by Ord.
No. 02-2022]
Notwithstanding any other provisions of the Revised General
Ordinances, the exterior of every structure or accessory structure,
including fences, roofs and gutters, shall be maintained in good repair,
and all surfaces thereof shall be kept painted, when necessary, for
the purpose of preservation and appearance. The same shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other conditions reflective of deterioration or inadequate
maintenance, to the end that the property itself may be preserved,
safety and fire hazards eliminated and the adjoining properties and
the neighborhood protected from blighting influences.
Any time any Town Official discovers the presence of vermin
in any dwelling with two or more apartments, regardless of whether
or not such dwelling(s) are occupired, and deems it to be a public
health nuisance, the entire house/building shall be exterminated to
prevent the spread from one apartment to the next or to neighboring
properties. Upon the discovering the presence of vermin, the property
owner will be issued a notice indicating the need for the property
owner to eradicate the vermin from the property.
[1]
Editor's Note: Former subsection 13-1.2, Additions, Insertions
and Charges, previously codified herein and containing portions of
Ord. 2/7/90 was repealed in its entirety by Ordinance No. 010/06.
[Ord. 8/17/88 § 3]
It shall be unlawful for any person to discard or dump along
any street, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture or private property, except by written
consent of the owner of the property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
[Ord. 8/17/88 § 4]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential except
in a fully enclosed structure or during days designated for the collection
of bulky items.
[Ord. No. 17-2017]
a.
Mattresses and box springs that are placed curbside for bulk collection
shall be completely wrapped in plastic or placed in disposable plastic
bags. Plastic wrapping or plastic bags must be sufficient to cover
all exposed areas of the mattress and box spring. The plastic wrapping
and/or disposable plastic bags are required to avoid, to the greatest
extent possible, Town employees from coming into contact with bedbugs
or bedbug-infested materials.
b.
Furniture, mattresses or box springs or other items placed curbside
for bulk collection that are not wrapped or infested with bedbugs,
may be refused pickup for bulk collection in the absolute discretion
of the Superintendent of the Department of Public Works or his designee.
[Ord. 8/17/88 § 6]
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
[Ord. 8/17/88 § 7]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots and residential lawns except in a fully enclosed
structure, any motor vehicle, trailer or semi-trailer, which is (a)
missing tires, wheels, engine or other parts essential to its operation
or (b) which displays extensive body damage or deterioration; or (c)
which does not display a current, valid State license; or (d) which
is wrecked, disassembled or partially disassembled.
[Ord. 8/17/88 § 5]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[Ord. 8/17/88 § 9]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after the completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of a construction site to furnish containers
adequate to accommodate all debris or trash at areas convenient to
construction areas and to maintain and empty the receptacles in such
a manner and with such a frequency as to prevent spillage of refuse.
[Ord. 8/17/88 § 10]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Ord. #002/06]
An application shall be filled out for a placement of a portable
on demand storage container if requested by a resident of the Town
of Guttenberg. Said container shall mean to include all on-site storage
containers utilized in the relocation of household furniture or other
items. Said container must be placed in an approved designated legal
parking spot in front of the applicant's residence. Said container
may not obstruct the roadway nor the sidewalk. All applications shall
be approved by the Code Enforcement Officer or his designee. A $75
fee will be charged for each container and the permit shall be for
three days.
[Ord. #02-14]
Refuse receptacles shall be stored only in areas designated
for storage between garbage collections. They shall be placed adjacent
to the curb in front of the premises, or other area designated for
collection no earlier than 6:00 p.m. on the day before collection
and shall be promptly returned to the storage area upon collection.
Refuse receptacles shall not be stored on sidewalks or areas in front
of any buildings or houses between collection days.
[Ord. No. 13-2015; Ord. No. 09-2016]
[Amended in entirety 6-29-2022 by Ord. No. 08-2022. Prior history includes:
Ord. No. 2014-15; Ord. No. 23-2017; Ord. No. 14-20.]
[Amended 6-29-2022 by Ord. No. 08-2022]
It is the purpose and intent of the Mayor and Council of the
Town of Guttenberg to establish a process to address the deterioration,
crime and decline in value of Town neighborhoods caused by properties
with defaulted mortgages subject to foreclosure action or foreclosed
upon, and vacant properties located within the Town of Guttenberg,
and to identify, regulate, limit and reduce the number of these properties
located within the Town. It is the Mayor and Council of the Town of
Guttenberg's further intent to establish a registration requirement
as a mechanism to protect neighborhoods from the negative impact and
conditions that occur as a result of vacancy, lack of adequate maintenance
and security and will provide a method to expeditiously identify a
contact person for each property responsible for this protection.
It is not the intent of this section to determine the rights
and liabilities of persons under agreements to which the Town is not
a party. This section shall not be construed to alter the terms of
any lease or other agreement between a landlord and a tenant or others
relating to property that is the subject of this section; provided
that no provision of any lease or other agreement shall be construed
to excuse compliance with this section. Additionally, a violation
of this section shall not in and of itself create a negligence per
se standard or otherwise expand existing liability in tort for either
a landlord or a tenant.
[Amended 6-29-2022 by Ord. No. 08-2022]
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning.
Means a property that is accessible through a comprised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Shall mean 12 months from the date of the first action that
requires registration, as determined by the Town, or its designee,
and every subsequent 12 months. The date of the initial registration
may be different than the date of the first action that required registration.
Means to include, but not be limited to, the Town's
Zoning Ordinance, the Town's Property Maintenance Ordinance,
Solid Waste Ordinance, Residential and Commercial Recycling Ordinance,
and the State and Town Building and Fire Codes.
Means:
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Town
Codes; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lacks
maintenance as required by the applicable codes.
Means any Law Enforcement Officer, Building Official, Zoning
Official, Code Enforcement Officer, Fire Inspector, Building Inspector,
or other person authorized by the Town to enforce the applicable code(s).
Means the presence or finding of at least two of the following
conditions concerning the real property: any condition that on its
own, or combined with other conditions present, would lead a reasonable
person to believe that the property is vacant. Such conditions may
include, but are not limited to: overgrown and/or dead vegetation;
past due utility notices and/or disconnected utilities; accumulation
of trash junk or debris; abandoned vehicles auto parts or materials;
the absence of furnishings and/or personal items consistent with habitation
or occupancy; the presence of an unsanitary, stagnant swimming pool;
the accumulation of newspapers, circulars, flyers and/or mail, or
statements by neighbors, passers-by, delivery agents or government
agents; or the presence of boards over doors, windows or other openings
in violation of applicable code.
Shall mean the legal process by which a mortgagee, or other
lien holder, terminates a property owner's equitable right of
redemption to obtain legal and equitable title to the real property
pledged as security for a debt or the real property subject to the
lien. This definition shall include, but is not limited to, a complaint
and summons filed with respect to foreclosure on a mortgage, a lis
pendens filed against it by the lender holding a mortgage on the property,
a deed-in-lieu of foreclosure, sale to the mortgagee or lien holder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The process
is not concluded until the property obtained by the mortgagee, lien
holder, or their designee, by certificate of title, or any other means,
is sold to a non-related bona fide purchaser in an arm's length
transaction to satisfy the debt or lien.
Means the creditor, including but not limited to, trustees;
mortgage servicing companies; lenders in a mortgage agreement; any
agent, servant, or employee of the creditor; any successor in interest;
any other person or entity with the legal right to foreclose on the
real property; or any assignee of the creditor's rights, interests
or obligations under the mortgage agreement, excluding governmental
entities.
Means any person, firm, corporation or other legal entity
who, individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this section.
Means any residential or commercial land and/or buildings,
leasehold improvements and anything affixed to the land, or portion
thereof identified by a property parcel identification number, located
in the Town limits.
Means:
Any real property located in the Town, whether vacant or occupied,
which a summons and complaint for foreclosure action has been filed
by a mortgagee or Trustee, has been the subject of a foreclosure action
by a mortgagee or trustee and a judgment has been entered, or has
been the subject of a foreclosure sale where the title was transferred
to the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure/sale.
|
The designation of a "foreclosure" property as "registrable"
shall remain in place until such time as the property is sold to a
non-related bona fide purchaser in an arm's length transaction
or the foreclosure action has been dismissed.
|
Any property that is vacant for more than 30 days or any cancellation
of utility service, whichever occurs first.
Means any improved or unimproved lot and any parcel of land
in the Town or any real property that contains any building or structure
that is not lawfully occupied or inhabited by human beings as evidenced
by the conditions set forth in the definition of "evidence of vacancy"
above which is without lawful tenant, or lawful occupant or without
a certificate of occupancy. "Vacant property" does not mean property
that is temporarily unoccupied while the residents are away on vacation,
personal matters or business, or is not intended by the owner to be
left vacant, so long as the period does not exceed 30 days. This definition
includes but is not limited to any platted or unplatted parcel of
land, classified by the municipal assessors as class 1 and described
as vacant land on the most recent tax assessor's list, but does
not apply to any residential lot(s) that adjoins improved residential
lots under common ownership, that is or are maintained and/or habitually
utilized by the occupants of the adjoining improved residential lot(s),
as if it/they were part of the adjoining improved lot(s) under common
ownership.
[Amended 6-29-2022 by Ord. No. 08-2022]
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Town above and beyond any other
State or Town provisions for same.
[Amended 6-29-2022 by Ord. No. 08-2022]
Pursuant to the provisions of this section, the Town or its
designee, shall establish a registry cataloging each registrable property
within the Town, containing the information required by this section.
[Amended 6-29-2022 by Ord. No. 08-2022]
a.
Any mortgagee who holds a mortgage on real property located within
the Town shall perform an inspection of the property to determine
vacancy or occupancy, immediately upon filing a summons and complaint
in an action to foreclose on a mortgage on real property in the Town.
b.
The mortgagee shall, within 10 days of the inspection, register the
property with the Code Enforcement Department, or its designee, on
forms or other manner as directed, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
c.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, mailing
address, and e-mail address for the mortgagee/trustee, and the mortgage
servicer, and the name and twenty-four-hour contact phone number of
the local property management company responsible for the security
and maintenance of the property who has the authority to make decisions
concerning the abatement of nuisance conditions at the property, as
well as any expenditure in connection therewith.
Each individual property on the registry that has been registered
for six months or more prior to the effective date shall have 30 days
to renew the registration and pay the non-refundable $500 annual registration
fee. Properties registered less than six months prior to the effective
date shall renew the registration upon expiration and every 12 months
thereafter and shall pay the non-refundable $500 annual registration
fee. Mortgagees who have existing registrable property on the effective
date of this section have 30 calendar days from the effective date
to register the property with the Code Enforcement Department, or
its designee, on forms or other manner as directed, and indicate whether
the property is vacant or occupied. A separate registration is required
for each property, whether it is vacant or occupied.
Editor's Note: See history at Subsection 13-8.5 for adoption and amendment dates.
d.
If the mortgage on a registrable property is sold or transferred,
the new mortgagee is subject to all the terms of this section. Any
previous unpaid registration fees are the responsibility of the new
mortgagee or trustee and are due and payable with their initial registration.
Except if it is determined that the transferee is exempt from paying
fees then the previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees and fines, regardless of who the
mortgagee was at the time when registration was required, including
but not limited to unregistered periods during the foreclosure process.
The provisions of this section are cumulative with and in addition
to other available remedies. Moreover, the Code Enforcement Department
is authorized and empowered to refer the previous mortgagee's
non-payment of previous fees and fines to a court of competent jurisdiction
for disposition.
e.
If the servicing rights for a mortgage on a registrable property
are sold or transferred, the registration must be updated to include
all the new servicer information within 10 days of the servicing transfer.
f.
If the mortgagee owner of a foreclosed real property sells or transfers
the property to a non-arm's length related person or entity,
the transferee is subject to all the terms of this section and within
five days of the transfer register the property. Any previous unpaid
registration fees are the responsibility of the new Registrable property
owner and are due and payable with their initial registration. Except
if it is determined that the transferee is exempt from paying fees
then the previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees and fines, regardless of who the
mortgagee was at the time when registration was required, including
but not limited to unregistered periods during the foreclosure process.
The provisions of this section are cumulative with and in addition
to other available remedies. Moreover, the Code Enforcement Department
is authorized and empowered to refer the previous mortgagee's
non-payment of previous fees and fines to a court of competent jurisdiction
for disposition.
g.
As long as the property is registrable it shall be inspected by the
mortgagee, or designee, monthly. If an inspection shows a change in
the property's occupancy status the mortgagee shall, within 10
days of that inspection, update the occupancy status of the property
registration.
h.
A non-refundable registration fee of $500 shall accompany each registration
pursuant to this section.
i.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the annual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
j.
All registration fees must be paid directly from the mortgagee, trustee,
servicer, or owner. Third party registration fees are not allowed
without the consent of the Town and/or its authorized designee.
k.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they are registrable.
l.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
m.
Failure of the mortgagee to properly register or to modify the registration
information from time to time to reflect a change of circumstances
as required by this section is a violation of the section and shall
be subject to enforcement and any resulting monetary penalties and/or
property liens.
n.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the Town may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the work performed to benefit the property
and bring it into compliance.
o.
Properties subject to this section shall be in accordance with the
applicable code(s) of the Town.
p.
Registration of foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits and inspections
required by applicable code or State Statutes. Acquisition of required
licenses permits, and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. Mortgagee and/or owner is expected to update the
status of the property in the event of a mortgagee managed rental.
[Amended 6-29-2022 by Ord. No. 08-2022]
a.
Any owner of vacant property located within the Town shall within
10 days after the property becomes vacant, register the real property
with the Town registry.
b.
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, e-mail
address, and telephone number of the owner, and if applicable, the
name and telephone number of the property manager and said person's
address, e-mail address, and telephone number.
c.
At the time of initial registration each registrant shall pay a non-refundable
semi-annual registration fee of $500 for each vacant property. Subsequent
non-refundable semi-annual renewal registrations of vacant properties
and fees in the amount of $500 are due within 10 days of the expiration
of the previous registration. Said fees shall be used to offset the
costs of: (1) registration and registration enforcement, (2) code
enforcement and mitigation related to vacant properties, and (3) for
any related purposes as may be adopted in the policy set forth in
this section. Said fees shall be deposited to a special account in
the Town's department dedicated to the cost of implementation
and enforcement of this section and fulfilling the purpose and intent
of this section.
d.
If the property is sold or transferred, the new owner is subject
to all the terms of this section. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
e.
If the vacant property is not registered, or either the registration
fee or the annual registration fee is not paid within 30 days of when
the registration or annual registration is required pursuant to this
section, a late fee shall be equivalent to 10% of the semi-annual
registration fee shall be charged for every 30 day period, or portion
thereof, the property is not registered and shall be due and payable
with the registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
f.
Properties subject to this section shall remain subject to the semi-annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
g.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this ordinance
is a violation of this section and shall be subject to enforcement
by any of the enforcement means available to the Town.
h.
If any property is in violation of this section, the Town may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the outstanding obligation and any additional
cost incurred to the property into compliance.
i.
Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.
[Amended 6-29-2022 by Ord. No. 08-2022]
a.
Registration Violation. The penalty to a mortgagee and/or owner who
is out of state and has filed a summons and complaint in an action
to foreclose a Guttenberg residential property, but not appointed
an in-state representative or agent pursuant to this section, shall
be subject to a fine of $2,500 for each day of the violation.
b.
Code Violation. A mortgagee and/or owner subject to this section
shall be fined $1,500 for each day commencing on the 31st day after
receiving notice of a violation of the requirement to care, maintain,
and or provide proper security upkeep, issued by the Construction
Code Official or other authorized agent for the Town pursuant to this
section.
[Ord. No. 13-2015; Ord. No. 09-2016]
All sidewalks, steps, driveways, and similar paved areas for
public use shall be kept in good repair, and deteriorated, uprooted,
cracked or dilapidated sidewalks shall be repaired by the property
owner. In the case where the owner or his contractor replaces a portion
of the sidewalk staying in conformance with the International Property
Maintenance Code or a driveway apron, then such construction shall
conform to the specifications prepared by Guttenberg Building Department.
[Ord. No. 13-2015; Ord. No. 09-2016]
a.
No person shall do any of the following acts upon any sidewalk or
street within the Town of Guttenberg without the written approval
of the Guttenberg Building Department:
1.
Cut, trim, break, climb with spikes, disturb the roots of, spray
with any chemical, remove or otherwise injure any living tree or shrub
or injure, misuse or remove any structure or device placed to support
or protect such tree or shrub.
2.
Plant any tree or shrub.
3.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or shrub or to any guard about such tree or shrub.
4.
Close or obstruct any open space provided about the base of a tree
or shrub to permit the access of air, water fertilizer to the roots
of such tree or shrub.
5.
Place any building material within six feet of a tree or shrub.
b.
The Guttenberg Building Department shall give written approval to
an owner of a Guttenberg property to trim or remove any tree or shrub
on his or her property when that owner can prove to the Guttenberg
Construction Official that said tree or shrub is dead or no longer
viable and/or causing damage to the property of the Guttenberg owner.
[Ord. 8/17/88 § 13; Ord. No. 29-11; Ord. No.
13-2015; Ord. No. 09-2016]
[Added 3-28-2022 by Ord.
No. 02-2022]
There exists in the Town buildings which are unfit for human
habitation, occupancy or use due to dilapidation defects, which increase
the hazards of fire, accidents or other calamities; lack of ventilation,
light or sanitation facilities; or other conditions rendering such
building or buildings, or parts thereof unsafe, unsanitary, dangerous
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of the Town.
[Added 3-28-2022 by Ord.
No. 02-2022]
The following terms whenever used or referred to in this section
shall have the following respective meanings for the purpose of this
section, unless a different meaning clearly appears from the context:
Any building or structure or part thereof whether used for
human habitation or otherwise and including any outhouses, sheds and
appurtenances belonging thereto or usually adjoined therewith, whether
or not such building or structure is occupied or vacant.
The complete destruction of any building or structure or
part thereof, including all foundation walls, and the removal from
the premises of all parts and materials of such building or structure
not falling within the definition of "clean fill" as defined in the
Basic Property Maintenance Code.
The holder or holders of title in fee simple.
All individuals, associations or corporations who have interest
of record in a building and any person who is in actual possession
thereof.
[Added 3-28-2022 by Ord.
No. 02-2022]
The Construction Official of the Town is hereby designated as
the officer to exercise the powers prescribed by this section, and
(s)he shall serve in such capacity for the Town without any additional
salary.
[Added 3-28-2022 by Ord.
No. 02-2022]
For the purpose of this section, the Construction Official may
determine that a building is unfit for human habitation if (s)he finds
that conditions exist in such building which are dangerous to or injurious
to the health or safety of the occupants of such building, the occupants
of neighboring buildings or other residents of the Town. Such conditions
may include the following, without limiting the generality of the
foregoing:
[Added 3-28-2022 by Ord.
No. 02-2022]
The demolition of any building or structure or part thereof,
including all foundation walls, shall require, but not be limited
to, the following:
a.
Demonstration of proper licensing to Building Department Construction
Code Official and obtaining proper permit for demolition.
b.
Compliance with the requirements set forth in the Uniform Construction
Code and requirements of the Guttenberg Building Department.
c.
All footings, foundation walls, beams and underground or basement
structures shall be removed.
d.
Clean fill as defined by state statute shall be utilized to bring
the lot to grade to maintain it in conformity to established street
grades at curb level.
e.
Vacant lots shall be maintained free from accumulation of rubbish
and all other unsafe or hazardous conditions which endanger the life
health or safety of the public.
f.
Any sidewalks or curbing damaged by such demolition work shall be
repaired or replaced in conformity with existing sidewalks and curbing.
g.
A fence shall be erected around any lot vacant for over 30 days.
h.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the basic Revised
General Ordinances of the Town, the Uniform Construction Code and
all other building codes adopted by the State of New Jersey and the
Town, are established as standards to be used as a guide in determining
the fitness of a building for human habitation, occupancy or use.
[Added 3-28-2022 by Ord.
No. 02-2022]
Whenever a petition is filed with the Construction Official
by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at
least five residents of the Town charging that any building is unfit
for human habitation, as herein defined, or whenever it shall appear
to the Construction Official, on his/her own motion, that any building
is unfit for human habitation, as herein defined, (s)he shall, if
his/her preliminary investigation discloses a basis for such charge,
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.
A hearing shall be held before the Construction Code Official, or
his/her designated agent, at a place therein fixed not less than 10
days nor more than 30 days after the serving of such complaint.
b.
The owner and parties 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 time and place fixed in the complaints.
c.
The rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the Construction Code Official.
[Added 3-28-2022 by Ord.
No. 02-2022]
If, after such notice and hearing, the Construction Code Official
determines that the building under consideration is unfit for human
habitation, as herein defined, (s)he shall state, in writing, his/her
findings of fact upon the owner thereof and parties interest in an
order requiring:
a.
That the repair, alteration or improvement of the building shall
be made by the owner, within a reasonable time, which time shall be
set forth in the order to vacate or to have such building vacated
and closed within the time set forth in the order.
b.
That the owner remove or demolish the building within a reasonable
time as specified in the order of removal 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 building within the time specified in the order.
c.
That, if the owner fails to comply with an order to repair, demolish
alter, improve or to vacate and close the building, the Construction
Official may cause such building to be repaired, demolished altered
or improved, or to be vacated and closed. A placard with the following
words may be caused to be posted on the main entrance of any building
so closed by the Construction Official: "This building is unfit for
human habitation or occupancy or use. The use or occupation of this
building is prohibited and unlawful."
d.
That, if the owner fails to comply with an order to remove or demolish
the building, the Construction Official may cause such building to
be removed or demolished or may contract for the removal or demolition
thereof after advertisement for and receipt of a bid therefor.
e.
That 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 proceeding taken under this section, determined
in favor of the Town and the cost of such repairs, alterations or
improvements or vacating and closing, or removal or demolition, if
any, or 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
Construction Official, (s)he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
thereof 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 totals 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 credit exceeds such costs, the balance remaining shall
be deposited in the Superior Court by the Construction Official and
shall be secured in such manner as may be directed by the 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 that nothing in this section shall be construed
to impair or limit in any way the power of the Town 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
60 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.
[Added 3-28-2022 by Ord.
No. 02-2022]
A complaint or order issued by the Construction Official pursuant
to this section shall be served upon persons as set forth in the Uniform
Construction Code.
[Added 3-28-2022 by Ord.
No. 02-2022]
The Construction Official is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including
the following, in addition to others herein granted:
a.
To investigate the building conditions in the Town in order to determine
which buildings therein are unfit for human habitation.
b.
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
c.
To delegate any of his/her functions and powers under this section
to such officers and agents as (s)he may designate.
[Added 3-28-2022 by Ord.
No. 02-2022]
Nothing in this section shall be construed to abrogate or impair
the power of the Town, or any officer or department, to enforce any
provisions of its charter or its ordinances or regulations, nor to
prevent or punish violations thereof. The powers conferred by this
section shall be in addition and supplemental to the powers conferred
upon the Town by any other law or ordinance. Whenever a provision
of this section is found to be in conflict with a provision of a zoning,
building, fire, health or other law or ordinance, or regulation adopted
pursuant thereto, the provision or requirement which is more restrictive
or which establishes the highest standard shall apply.
