[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach 5-13-1944 by Ord.
No. 52. Amendments noted where applicable.]
No owner or party in interest of any dwelling which is or may
become dangerous to human life or safety or dangerous to health or
adjacent property or which would be likely to extend a conflagration
shall permit the same to remain in this municipality.
The Mayor and Council of the Borough of Pine Beach, in the County
of Ocean and State of New Jersey, is hereby designated and appointed
to exercise the powers prescribed by this chapter.
Whenever a petition shall be filed with the Mayor or Borough
Clerk by a public authority or by at least five residents of the municipality,
charging that any dwelling is unfit for human habitation, or whenever
it appears to the Mayor and Council that any dwelling is unfit for
human habitation, the Mayor and Council shall, if the preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and 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 Mayor and Council at a place
therein fixed not less than 10 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 courts of law or equity shall not be controlling in hearings before
the Mayor and Council.
If after such notice and hearing the Mayor and Council determine
that the dwelling under consideration is unfit for human habitation,
they shall state, in writing, their 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:
A.
If the repair, alteration or improvement of said dwelling can be
made at a reasonable cost in relation to the value of the dwelling,
requiring the owner to the extent and within the time specified in
the order to repair, alter or improve said dwelling to render it fit
for human habitation or, at the option of the owner, to vacate or
close the dwelling as a human habitation; or
B.
If the repair, alteration or improvement of said dwelling cannot
be made at a reasonable cost in relation to the value of the dwelling,
requiring the owner within the time specified in the order to remove
or demolish such dwelling.
A.
If the owner fails to comply with an order to alter, repair or improve
or, at the option of the owner, to vacate and close the dwelling,
the Mayor and Council may cause such dwelling to be repaired, altered
or improved or to be vacated and closed. The Mayor and Council may
cause to be posted on the main entrance of any dwelling so closed
a placard with the following words: "This building is unfit for human
habitation: the use or occupation of this building is prohibited and
unlawful."
B.
If the owner or other interested person fails to comply with an order
to remove or demolish the dwelling, the Mayor and Council may cause
such dwelling to be removed or demolished.
The amount of such cost of such repairs, alterations or improvements
or vacating and closing or removal or demolition shall be a municipal
lien against the real property upon which such cost was incurred.
If the dwelling is removed or demolished by the Mayor and Council,
they shall sell the materials of such dwelling and shall credit the
proceeds of such sale against the cost of the removal or demolition,
and any balance remaining shall be deposited with Borough Treasurer
by the Mayor and Council and shall be disbursed by such Treasurer
to the persons found to be entitled thereto; provided, however, that
nothing in this section shall be construed to impair or limit in any
way the power of the municipality to define and declare nuisances
and to cause their removal or repair by summary proceedings or otherwise.
The Mayor and Council may determine that a dwelling is unfit
for human habitation if they find that conditions exist in such 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 such municipality. Such conditions may 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 or structural defects; uncleanliness.
Complaints or orders issued by the Mayor and Council pursuant
to this chapter shall be served upon persons either personally or
by registered mail, but if the whereabouts of such persons are unknown
and the same cannot be ascertained by the Mayor in the exercise of
reasonable diligence and the Mayor and Council or their legal agent
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
each week for two consecutive weeks in a newspaper printed and published
in the municipality or, in the absence of such newspaper, in one printed
and published in the county and circulating in the municipality in
which the dwellings are located. A copy of such complaint or order
shall be posted in a conspicuous place in the place 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 Clerk of Ocean
County.
The Mayor and Council are hereby authorized to exercise such
powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following
powers in addition to others herein granted:
A.
To investigate the dwelling conditions in the municipality in order
to determine which dwellings therein are unfit for human habitation.
B.
To administer oaths and 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 they deem necessary to carry out the provisions of the chapter.
The owners or tenants of lands lying within the limits of this
municipality, where it shall be necessary and expedient for the preservation
of the public health, safety, general welfare or to eliminate a fire
hazard, are hereby required to remove from such lands brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris within 10 days after notice to remove the same.
If the owner or tenant shall refuse or neglect to remove the
same in the manner and in the time provided above, the Mayor shall
direct or provide for the removal of the same.
In all cases where brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris are moved
from any lands under any such ordinance by or under the direction
of the Mayor and Council, they shall certify the cost thereof to the
governing body, which shall examine the certificate and, if found
correct, shall cause the costs as shown thereon to be charged against
said lands. The amount so charged shall forthwith become a lien upon
such lands and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such lands, the same to
bear interest at the rate as taxed, and which shall be collected and
enforced by the same officers and in the same manner as taxes.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building or structure or part thereof now or formerly
used and occupied for human habitation or intended to be so used,
and includes any outhouses and appurtenances belonging thereto or
usually enjoyed therewith.
The holder of the title in fee simple.
All individuals, associations or corporations which have
interests of record in a dwelling and any that are in possession thereof.
