[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach 9-9-1998 by Ord.
No. 98-10-524. Amendments noted where applicable.]
It is hereby found and declared that the existence or occupation
of any building, buildings, walls, structures, or parts thereof in
the Borough of Pine Beach which are so old, dilapidated or have become
so out of repair as to be dangerous, unsafe, unsanitary, or which
constitute a nuisance or which are otherwise unfit for human habitation
or occupancy is inimical to the welfare of the residents of Pine Beach
and dangerous and injurious to the health and safety of the people
of Pine Beach, and that a public necessity exists for the repair,
closing or demolition of such building or buildings, walls, structures,
or parts thereof.
The words "governing body," "public authority," "public officer,"
"owner," "parties in interest," "building(s)," "walls," or "structures,"
whenever used or referred to in this chapter shall have the meanings
and be defined as set forth in N.J.S.A. 40:48-2.4.
No owner or parties in interest shall continue the existence, use or occupancy of any building, buildings, walls, structures, or parts thereof, in violation of the findings and declarations of Section
128-1, and power is hereby conferred upon the office or officers hereinafter designated to exercise the police powers of the Borough of Pine Beach to repair, close or demolish, or cause to require the repair, closing or demolition of such building, buildings, walls, structures, or parts thereof, in the manner hereinafter provided.
The public officer hereby designated and appointed to exercise the powers prescribed by this chapter shall be the Zoning Officer, which position was established by Chapter
22 of the Code of the Borough of Pine Beach.
Whenever a petition shall be filed with the public officer by
a public authority or by at least five residents of the municipality,
charging that any building, or parts thereof is unfit for human habitation,
or whenever it appears to the public officer that any building, or
parts thereof 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 courts of law or equity shall not be controlling in hearings before
the public officer or his designated agent.
If, after such notice and hearing the public officer determines
that the building, buildings, walls, structures or parts thereof under
consideration are 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 owners
thereof and parties in interest an order:
A. Requiring the repair, alteration or improvement of said building,
buildings, walls, structures or parts thereof, 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
B. If the building, buildings, walls, structures or parts thereof are
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 said building, buildings, walls, structures, or parts
thereof, within the time specified in the order, then the owner shall
be required to remove or demolish said building, buildings, walls,
structures or parts thereof within a reasonable time as specified
in said order of removal.
A. If the owner fails to comply with an order to alter, repair or improve
the building, buildings, walls, structures or parts thereof or, at
the option of the owner, to vacate and close the building or buildings,
the public officer may cause such building, buildings, walls, structures
or parts thereof, to be repaired, altered or improved or to be vacated
and closed; thereupon, 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; the use or occupation
of this building is prohibited and unlawful."
B. If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
buildings, walls, structures or parts thereof, the public officer
may, after taking such measures as may be necessary to make such building,
buildings, walls, structures or parts thereof temporarily safe, seek
a judgment and summary proceedings for the demolition thereof.
If the owner fails to comply with an order to remove or demolish
the building, buildings, walls, structures or parts thereof, the public
officer may cause such building, buildings, walls, structures or parts
thereof to be removed or demolished or may contract for the removal
or demolition thereof after advertisement for the receipt of bids
therefor.
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 proceedings taken under this chapter determined in favor
of the municipality, 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, buildings, walls, structures or parts thereof, or from
any contract for removal or demolition thereof, shall be a municipal
lien against the real property upon which such costs were incurred.
If the building, buildings, walls, structures or any parts thereof
are removed or demolished by the public officer, he shall sell the
materials of such building, buildings, walls, structures or parts
thereof. 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, buildings, wall, structures or parts 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 public officer 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 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 the court; 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 abatement by summary proceedings or
otherwise. 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.
The public officer may determine that a building, buildings,
walls, structures, or parts thereof are unfit for human habitation
or occupancy or use if he finds that conditions exist in such building,
buildings, walls, structures or parts thereof which are dangerous
or injurious to the health or safety of the occupants of such building,
buildings, walls, structures or parts thereof, the occupants of neighboring
building, buildings, walls, structures or parts thereof, or other
residents of such municipality; 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 failure
to comply with the requirements of the building code or the certificate
of occupancy.
Complaints or orders issued by the public officer pursuant to
this chapter shall be served upon persons either personally or by
registered mail, 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 or his 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
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 buildings are located.
A copy of such complaint or order shall be duly recorded or lodged
for record with the County Clerk of Ocean County.
The public officer is hereby authorized to exercise such powers
as shall 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 building conditions in the municipality in order
to determine which building, buildings, walls, structures or parts
thereof 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 provisions of this chapter.
E. To delegate any of his functions and powers under this chapter 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, unless the action is necessary to prevent imminent danger
to life, limb or property.
Nothing in this chapter shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause the removal or abatement, by summary proceedings or otherwise,
nor is anything in this chapter intended to limit the authority of
the enforcing agency or Zoning Officer under the "State Uniform Construction
Code Act," (N.J.S.A. 52:27D-119, et seq.) or any rules or regulations
adopted thereunder.
Any person aggrieved by any order issued by a public officer
under this chapter 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 action or otherwise. The remedy herein provided shall
be exclusive and no person affected by an order of the 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.