As used in this chapter, the following words and phrases shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended:
GOVERNING BODY
The Mayor and Borough Council, or whenever action is taken
hereunder by resolution, such term shall mean the Borough Council.
OCCUPANT
Any person living, sleeping, cooking, eating, habituating,
occupying or having actual possession of a building, structure or
dwelling.
OPERATOR
Any person who has charge, care or control of a building
or structure, or part thereof.
OWNER
Any person who, alone or jointly or severally with others:
A.
Shall have legal title to any dwelling or structure, with or
without accompanying actual possession thereof; or
B.
Shall have charge, care or control of any structure or dwelling
as owner or agent of the owner or its executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner designated by him by
name and address shall be bound to comply with the provisions of this
chapter and the rules and regulations adopted pursuant thereto to
the same extent as if he/she were the owner. An owner who is a nonresident
shall indicate the person responsible for acceptance of notice or
orders, listing the name and address of such persons, partnership
or corporation and shall list such persons with the public officer.
PERSON
Any individual, firm, corporation, association, partnership
or other entity.
PUBLIC OFFICER
The officer, officers, party or body who is authorized by
this chapter or by any resolution adopted hereunder to exercise the
powers prescribed by such laws and by N.J.S.A. 40:48-2.3 to 40:48-2.12,
inclusive.
UNSAFE STRUCTURE
A.
Any building, structure or dwelling, or portion thereof, which
threatens the life, health, safety or property of the public or its
occupants by reason of inadequate maintenance, ventilation, light,
sanitary facilities, disrepair, uncleanliness, dilapidation, obsolescence,
fire hazard, disaster, damage or abandonment shall be deemed an "unsafe
structure." The conditions which may cause a structure to be classified
as an unsafe structure include, but are not limited to the following
conditions:
(1)
The walking surface of any aisle, passageway, stairway or other
means of exit is so warped, worn, loose, torn or otherwise unsafe
as not to provide a safe and adequate means of exit in case of fire
or panic;
(2)
Any portion, member or appurtenance of the building or structure
which has been damaged by fire, earthquake, wind, flood or by any
other cause to such an extent that it is likely to partially or completely
collapse, fail, detach or dislodge;
(3)
The building or structure, or any portion thereof, because of
dilapidation, deterioration or decay; faulty construction; the removal,
movement or instability of any portion of the ground necessary for
the purpose of supporting such building; the deterioration, decay
or inadequacy of its foundation; or any other cause is likely to partially
or completely collapse;
(4)
The building or structure has been so damaged by fire, wind,
earthquake or flood or has become so dilapidated or deteriorated as
to become an attractive nuisance to children or a harbor for transients,
vagrants, or criminals;
(5)
The building or structure is unsanitary, unfit for human habitation
or in such a condition that is likely to cause sickness or disease
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities
or other cause;
(6)
The building or structure creates a fire hazard by virtue of
its obsolescence, dilapidated condition, deterioration, damage, inadequate
ventilation, lack of sufficient fire-resistive construction, faulty
electric wiring, gas connections or heating apparatus, or other cause;
(7)
The building or structure constitutes a public nuisance as defined
by law;
(8)
Any portion of the building, including the foundation and slab
or grade, or structure remains on a site after the demolition or destruction
of the building or structure;
(9)
The exits of the building or means of exiting do not conform
with the applicable state codes or Borough ordinances regarding the
number of exits, their width or any other features which may cause
a hazard to the life or safety of the occupants or general public;
(10)
Defective or overloaded electrical systems, faulty or leaking
fuel piping systems, or deteriorated fuel combustion equipment or
combustion product vents;
(11)
The existing use or occupancy violates the fire, health or building
regulations or applicable state codes or Borough ordinances;
(12)
Structural components which cannot withstand 100% of the vertical
design loads specified by the applicable state codes or Borough ordinances;
provided, however, if a structure complies with the vertical load
carrying capacity requirements that were in effect when the building
was built, the building shall not be considered structurally unsafe
because of failure to comply with current requirements. In lieu of
engineering analysis, the load carrying capacity for flexural floor
or roof members may be demonstrated by a load test, provided the amount
of load or procedure used are first approved by the Borough's
Engineer or Construction Code Official; and
B.
Nothing in this section shall be construed to place any limitations
upon the Borough Council in establishing additional standards to guide
the public officer in determining the fitness of a building for human
habitation or occupancy or use. Such additional standards may be established
whenever circumstances seem to require the same by resolution of the
Borough Council duly adopted under the provisions of this chapter.
Whenever the designated public officer or the Fire Official
of the Borough finds and determines that there exists in the Borough
any buildings which are unfit for human habitation or occupancy or
use due to conditions as set forth in the preceding section or due
to other conditions rendering such building or part thereof unsafe,
unsanitary, dangerous, injurious or detrimental to the health or safety
or otherwise inimical to the welfare of the occupants or the residents
of the Borough, the Borough shall proceed to exercise its police powers
to repair, secure, close or demolish or to cause or require the repairing,
closing or demolition of such building or part thereof in the manner
provided in this chapter.
The owner and parties in interest shall be given the right to
file an answer to the complaint provided for in the preceding section
and to appear in person or otherwise and give testimony at the time
and place fixed in the complaint. The rules of evidence prevailing
in the courts shall not be controlled in hearings before the public
officer.
A permit to demolish a building or structure listed on the State
or Borough's Historical Landmark Registry shall be delayed in
issuance for a period of 30 days, during which time notice of the
application shall be provided to the State or Borough's Landmark
Commission for review. A permit to demolish shall be issued at the
conclusion of said 30 days if recommended by the Public Officer or
desired by the applicant. The building shall be secured and/or closed
during the thirty-day review period.
The amount of the costs of the filing of any legal papers, expert
witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this chapter determined
in favor of the Borough, and the cost of any repairs, securing, alterations
or improvements or vacating and closing or removal or demolition,
if any, or the amount of the balance remaining after deduction of
the sum, if any, realized from the sale of materials derived from
such building or from any contract removal or demolition thereof,
shall be a Borough lien against the real property upon which such
cost was incurred. A detailed statement of the aforesaid cost 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. All matters
relating to the cost of repairs, alterations or improvements or vacating
and closing or removal or demolition, if any, shall be controlled
by the provisions of N.J.S.A. 40:48-2.5.
In cases where it reasonably appears that there is an immediate danger to the life or safety of any person or adjoining property or becomes vacant and is in such condition that no residential, commercial or authorized use could be made of same, the public officer shall cause the immediate securing, repair or demolition of such structure or dwelling; the cost of such emergency securing, repair or demolition shall be a lien and collected in the same manner as provided in §
65-8 hereof.
Whenever necessary to make an inspection to enforce any of the
provisions of this chapter, or whenever the public officer, or his/her
authorized representatives, has reasonable cause to believe that there
exists in any building or upon any premises any condition or code
violation which makes such building or premises unsafe, dangerous
or hazardous, the public officer, or his/her authorized representatives,
may enter such building or premises at all reasonable times to inspect
the same in regard to such condition or conditions, provided that
if such building or premises be occupied, he/she shall first present
proper credentials and request entry. If such entry is refused, the
public officer, or his/her authorized representatives, shall seek
an appropriate order from a court of competent jurisdiction.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine not to exceed $1,000 or by imprisonment in the county jail
for a period not to exceed six months or by community service, or
by a combination of such fine, imprisonment and/or community service.
Each violation of any of the provisions of this chapter and each day
the same is violated shall be deemed and taken to be a separate and
distinct offense.
The provisions of this chapter are severable. If any provision
of this chapter or the application thereof to any person or circumstances
is held to be invalid, such invalidity shall not affect other provisions
or applications of this chapter which can be given effect without
the invalid provision or application.
All ordinances and parts of ordinances inconsistent with the
provisions of this chapter are hereby repealed.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.