[1985 Code § 110-1.1]
The New Jersey State Housing Code, as contained in N.J.S.A.
40:49-5.1, is hereby adopted and established by reference as to the
Board of Health Housing Code in the Borough of Ringwood. The New Jersey
State Housing Code is adopted as fully as if the same were fully and
completely set forth herein.
[1985 Code § 110-1.2]
Three copies of the New Jersey State Housing Code shall be placed
on file and maintained in the office of the Borough Clerk and shall
be available to all persons desiring to use and examine the same.
[1985 Code § 110-1.3]
The Health Officer of the Borough is hereby designated as the
officer to exercise the powers prescribed by this chapter, and the
Health Officer shall serve in such capacity without any additional
salary. For the purpose of this section, the Health Officer may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in the dwelling which are dangerous or injurious to the health
or safety of the occupants of such dwelling, the occupants of neighboring
dwellings or other residents of the Borough. Such conditions may include
the following but shall not be limited to, defects therein increasing
the hazards of fire, accident, or other calamities; lack of adequate
ventilation, light, or sanitary facilities; dilapidation; disrepair;
structural defects or uncleanliness.
[1985 Code § 110-1.4]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey
State Housing Code, as approved by the Departments of Health and Conservation
and Economic Development and filed in the Secretary of State's
office, is hereby accepted, adopted and established as a standard
to be used as a guide in determining the fitness of a building for
human habitation or occupancy or use.
[1985 Code § 110-1.5]
Whenever a petition is filed with the Health Officer by a public
authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the Borough, charging that any dwelling is unfit for human habitation
as herein defined or whenever it appears to the Health Officer, on
his own motion, that any dwelling is unfit for human habitation, as
herein defined, he shall, in his preliminary investigation disclose
a basis for such charges, issue and cause to be served upon the owner
and any parties in interest in such dwelling, a complaint stating
the charges in that respect and containing a notice that a hearing
will be held before the Health Officer, or his designated agent, at
a place therein fixed not less than 10 days nor more than 30 days
after the serving of such complaint. The owner and any 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 time
and place fixed in the complaints. The rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Health Officer.
[1985 Code § 110-1.6]
If after such notice and hearing, the Health Officer determines
that the dwelling under consideration is unfit for human habitation,
as herein defined, 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:
a.
The repair,
alteration or improvement of the 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 to have the building vacated
and closed within the time set forth in the order.
b.
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, the owner shall remove or demolish the building within
a reasonable time as specified in the 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
Health Officer may cause such building to be repaired, altered or
improved, or to be vacated and closed and 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 or occupation of this buildings is prohibited and unlawful."
d.
If the
owner fails to comply with an order to remove or demolish the building,
the Health 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.
[1985 Code § 110-1.7]
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 section determined in favor of the Borough,
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.
b.
If the building is removed or demolished by the Health Officer, he
shall sell the materials of such building. The proceeds of any sale
of such materials, or any sum derived from any contract for the removal
or demolition of the building shall be credited against the cost of
the removal or demolition thereof. 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 Borough 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 exceeds
such costs, the balance remaining, shall be deposited in the Superior
Court by the Health Officer, 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 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 60 days from the date of 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.
[1985 Code § 110-1.8]
Complaints or orders issued by the Health Officer pursuant to
this section shall be served upon persons either personally or by
registered mail. If the whereabouts of such persons is unknown and
cannot be ascertained by the Health Officer in the exercise of reasonable
diligence, and the Health Officer makes an affidavit to that effect,
then the serving of such complaint or order upon such persons may
be made by publishing the complaint once each week for two successive
weeks in a newspaper printed and published in the Borough. A copy
of such complaint or order shall be posed in a conspicuous place on
the premises affected by the complaint or order, and a copy of such
complaint or order shall be duly recorded or lodged for record with
the county recording officer of the county in which the dwelling is
located.
The Health Officer 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 article, including the following
in addition to orders therein granted:
a.
To investigate
the dwelling conditions in the Borough in order to determine which
dwellings therein are unfit for human habitation.
b.
To administer
oaths, affirmations, examine witnesses and receive evidence.
c.
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.
d.
To appoint
and fix the duties of such officers, agents and employees as he deems
necessary to carry out the purposes of this article.
e.
To delegate
any of his functions and powers under this article to such officers
and agents as he may designate.
[1985 Code § 110-1.9]
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 powers conferred by
this article shall be in addition and supplemental to the powers conferred
upon the Borough by any other law or ordinance.
