[HISTORY: 1968 Code Chapter 54A §§ 54A-1 —
54A-10 as established by Ord. Nos. 1213 and
1229 and amended through 12-28-2015. Amendments
noted where applicable.]
Unless otherwise provided by statute, the following terms, whenever
used in this ordinance, shall have the following respective meanings
for the purposes of this ordinance unless a different meaning clearly
appears from the context:
"Abandoned property," as defined in N.J.S.A. 55:19-81 and
N.J.S.A. 40:48-2.3.
Any building, or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outbuildings,
and appurtenances belonging thereto or usually enjoyed therewith.
The Board of Commissioners of the Borough of Wildwood Crest.
The holder or holders of title in fee simple.
All individuals, associations, corporations or other entities
who have interest of record in a building and any who are an actual
possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, County
or State relating to health, fire, building regulations, or to other
activities concerning buildings in the municipality.
The Borough of Wildwood Crest Construction Official, Fire
Official.
"Unfit for Human Habitation or Occupancy," as defined in
N.J.S.A. 40:48-2.3 and N.J.S.A. 55:19-78.
A.
Pursuant to and in accordance with the provisions N.J.S.A. 40:48-2.5,
whenever a petition is filed with a public officer, as defined herein,
by a public authority, as defined herein, or by at least five residents
of the Borough of Wildwood Crest 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 (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 public officer.
B.
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:
(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 public officer may cause such building to be repaired, altered
or improved, or to be vacated and closed. The public 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 or 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 public 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.
E.
The amount of:
(1)
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
(2)
Such 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.
F.
If the building is removed or demolished by a public 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 or by certified mail, return
receipt requested. If the total of the credits exceeds such costs,
the 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. 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.
G.
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 judgment in summary
proceedings for the demolition thereof.
H.
Nothing in this ordinance shall be construed to impair or limit in
any way the power of the Governing Body to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this ordinance intended to limit the
authority of the enforcing agency or construction official under the
"State Uniform Construction Code Act," N.J.S.A. 52:27D-119, et seq.,
or any rules or regulations adopted thereunder.
A public officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough of Wildwood Crest. Such
conditions shall be deemed to include the following (without limiting
the generality of the foregoing): defects therein increasing the hazards
of fire, accident, or other calamities; lack of adequate ventilation,
light, or sanitary facilities; dilapidation; disrepair, structural
defects; uncleanliness; or the failure to comply with the requirements
of the Building Code, Fire Code or the requirements of a certificate
of occupancy.
Complaints or orders issued by a public officer pursuant to
this ordinance shall be served upon persons either personally or by
registered mail or by certified mail, return receipt requested, 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 the official newspaper
as designated by resolution of the Governing Body. A copy of such
complaint or order shall be posted in a conspicuous place on premises
affected by the complaint or order. 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 building is located.
Any person aggrieved by an order issued by a public officer
under this ordinance may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
public officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. As provided by the provisions of
N.J.S.A. 40:48-2.8, the remedy herein provided shall be exclusive,
and no person affected by an order of a public officer shall be entitled
to recover any damages for action taken pursuant thereto, or because
of noncompliance by any person with any order of the public officer.
As permitted by N.J.S.A. 40:48-2.9, a public officer shall be
authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this ordinance,
including the following powers in addition to others herein granted:
(a) to investigate the building conditions in the Borough of Wildwood
Crest in order to determine which buildings therein are unfit for
human habitation or occupancy or use; (b) to administer oaths, 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 this ordinance; and (e) to delegate any of his
functions and powers under the ordinance to such officers and agents
as he may designate.
Any action taken using revenues derived from the local property
tax shall be taken only after advertisement for, and receipt of, bids
therefor, pursuant to the provisions of the "Local Public Contracts
Law," N.J.S.A. 40A:11-1, et seq., unless the action is necessary to
prevent imminent danger to life, limb or property.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor
filing the summons and complaint in an action to foreclose a lien
on residential property that is vacant and abandoned, without regard
to whether the filing of the summons and complaint is made before
or after the determination that the property is vacant and abandoned,
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the vacant and abandoned residential property.
This obligation applies without regard to whether the determination
that the property is vacant and abandoned is made by a public officer,
as defined herein, pursuant to the provisions of N.J.S.A. 2A:50-73
or otherwise. If the creditor is located out of state, the creditor
shall be responsible for appointing an in-state representative or
agent to act for the foreclosing creditor.
If a public officer, or any other local official responsible
for administration of any property maintenance or public nuisance
code, determines that the creditor has failed to provide for the care,
maintenance, security, and upkeep of the exterior of a vacant and
abandoned property, as required by this ordinance, then the public
officer, or other authorized municipal official shall issue a notice
to the creditor that has filed the summons and complaint in the foreclosure
action. The notice shall require the person or entity being notified
to correct the violation within 30 days of receipt of the notice,
or within 10 days of receipt of the notice if the violation presents
an imminent threat to public health and safety. The issuance of a
notice pursuant to this section shall constitute proof that a property
is "vacant and abandoned" for the purposes of N.J.S.A. 2A:50-73.
[New]
An out of State creditor shall include the full name and contact
information of the in-State representative or agent in the notice
required to be provided pursuant to N.J.S.A. 46:10B-51(a)(1). An out-of-state
creditor subject to this ordinance found by the Municipal Court of
the Borough of Wildwood Crest, or by any other court of competent
jurisdiction, to be in violation of the requirement to appoint an
in-state representative or agent pursuant to this ordinance shall
be subject to a fine of $2,000 for each day of the violation. Any
fines imposed on a creditor for the failure to appoint an in-state
representative or agent shall commence on the day after the ten-day
period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice
to the Municipal Clerk that a summons and complaint in an action to
foreclose on a mortgage has been served.
A creditor subject to this ordinance found by the Municipal
Court of the Borough of Wildwood Crest, or by any other court of competent
jurisdiction, to be in violation of the requirement to correct a care,
maintenance, security, or upkeep violation cited in a notice issued
pursuant to this ordinance shall be subject to a fine of $1,500 for
each day of the violation. Any fines imposed pursuant to this paragraph
shall commence 31 days following receipt of the notice, except if
the violation presents an imminent risk to public health and safety,
in which case any fines shall commence 11 days following receipt of
the notice. As required by N.J.S.A. 40:48-2.12s, no less than 20%
of any money collected pursuant to this section shall be utilized
by the Borough of Wildwood Crest for Municipal Code enforcement purposes.
