This chapter shall be known as the "Housing and Property Maintenance
Code of the Borough of South Bound Brook, State of New Jersey."
The intent of this code is to protect the public health, safety
and welfare in all existing structures, residential and nonresidential,
and on all existing premises by:
a. Establishing minimum maintenance standards for all structures and
premises for basic equipment and facilities for light, ventilation,
space heating and sanitation; for safety from fire; for space, use
and location; and for safe and sanitary maintenance of all structures
and premises now in existence;
b. Fixing the responsibilities of owners, operators, agents and occupants
of all structures, and;
c. Providing for administration, enforcement and penalties.
This code shall be construed liberally and justly to insure
public health, safety and welfare insofar as they are affected by
the maintenance of structures and premises.
The provisions of this code shall not be construed to prevent
the enforcement of other ordinances or regulations which prescribe
standards other than are provided herein.
Any repairs or alterations to a structure, or changes of the
use therein, which may be caused directly or indirectly by the enforcement
of this code shall be done in accordance with the procedures and provisions
of the New Jersey State Uniform Construction Code.
The provisions of this code shall not be deemed to abolish or
impair existing remedies of the Borough or its officers or agencies
relating to the removal or demolition of any buildings which are deemed
to be dangerous, unsafe or unsanitary.
At the discretion of the Code Official, no notices, orders or
hearings to abate are required prior to the issuance of a summons
when the following violations have occurred:
a. Not providing sufficient heat of minimum temperature of 68 degrees
F. during the hours from 6:00 a.m. till 11:00 p.m. or 65 degrees F.
during the hours from 11:00 p.m. till 6:00 a.m. in any building or
dwelling unit.
b. The illegal use of any use of any building or dwelling unit.
c. The conversion of a building or dwelling unit without proper application.
d. The ownership of a building or a dwelling unit that has been illegally
converted.
e. Inadequate exit way facilities.
f. Overcrowding of any structure or dwelling unit in violation of this
section.
g. Or any violation that the Code Official deems a hazard to public
safety or welfare.
If any section, subsection, paragraph, sentence, clause or phrase
of this code shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this code
which shall continue in full force and effect, and to this end the
provisions of this code are hereby declared to be serviceable.
This code shall not affect violations of any other ordinance,
code or regulation existing prior to the effective date hereof, and
any such violations shall be governed and shall continue to be punishable
to the fullest extent of the law under the provisions of those ordinances,
codes, or regulations in effect at the time the violation was committed.
As provided in Section
16-1, this code establishes minimum requirements for the initial and continued occupancy and use of all structures and premises and does not replace or modify requirements otherwise established by ordinance which may be additional or more stringent for the construction, repair, alteration or use of structures, equipment or facilities.
The Code Official, officer or employee who acts in good faith
and without malice in the discharge of their duties of enforcement
of this code is relieved of all personal liability for any damage
that may accrue to persons or property as a result of such acts or
alleged failure to act. Further, the official shall not be held for
any costs in any action, suit or proceeding that may be instituted
against the official in the enforcement of this code. In any of these
actions, the official or employee shall be defended or represented
by the Borough's attorney-at-law until the final termination of the
proceedings.
An official record shall be kept of all business and activities
of the department specified in the provisions of this code, and all
such records shall be open to public inspection at all appropriate
times and under reasonable regulations established by the Code Official
to maintain the integrity and security of such records.
The Code Official shall enforce all the provisions of this code
relative to the maintenance of structures and premises, except as
may otherwise be specifically provided for by other regulations.
The Code Official shall issue all necessary notices and orders
to abate illegal or unsafe conditions to insure compliance with the
code requirements for the safety, health and general welfare of the
public.
To safeguard the safety, health and welfare of the public, the
Code Official is authorized to enter any structure or premises at
any reasonable time for the purpose of making inspections and performing
duties under this code, subject to constitutional restrictions.
If any owner, occupant or other person in charge of a structure
subject to the provisions of this code refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to any
part of the structure or premises where inspection authorized by this
code is sought, the Code Official may seek in a court of competent
jurisdiction, an administrative search warrant.
Every occupant of a structure or premise shall give the owner
or operator thereof, or his agent or employee, access to any part
of the structure or the premises at reasonable times for the purpose
of making such inspection, maintenance, repairs or alterations as
are necessary to comply with the provisions of this code.
The Code Official or authorized representative shall disclose
proper credentials of their respective office for the purpose of inspecting
any and all buildings and premises in the performance of their duties
under this code.
Inspection of premises, the issuance of notices and orders and
enforcement thereof shall be the responsibility of the Code Official
so charged by the Borough. Whenever, in the opinion of a Code Official
initiating an inspection under this code, it is deemed necessary or
desirable to have inspections by any other department, the Official
shall make reasonable effort to arrange for the coordination of such
inspections so as to minimize the number of visits by inspectors,
and to confer with the other departments for the purpose of eliminating
conflicting orders before any are issued. A department shall not,
however, delay the issuance of any emergency orders which it determines
must be issued.
The Code Official shall have the power as may be necessary in
the interest of public safety, health and general welfare, to adopt
and promulgate rules and regulations to interpret and implement the
provisions of this code to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions;
but such rules shall not have the effect of waiving working stresses
or fire protection requirements specifically provided in this code
or of violating accepted engineering practice involving public safety.
At least annually, the Code Official shall submit to the Mayor
and Council a written statement of operations in the form and content
as shall be prescribed by such authority.
When a structure or a part thereof is found by the Code Official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, is overcrowded or is found unlawful, it may be condemned pursuant to the provisions of Section
16-7 of this code and may be placarded and vacated. It shall not be reoccupied without the approval of the Code Official. Unsafe equipment shall be placarded and placed out of service.
a. An unsafe structure is one in which all or a part thereof is found
to be dangerous to life, health, property; the safety of the public
or its occupants because it is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
it is likely to partially or completely collapse.
b. Unsafe equipment includes any boiler, heating equipment, elevator,
moving stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is
of such disrepair or condition that it is found to be hazardous to
life, health, property or safety of the public or occupants of the
premises or structure. Unsafe equipment may contribute to the finding
that the structure is unsafe or unfit for human occupancy or use.
c. A structure is unfit for human occupancy or use whenever the Code
Official finds that it is unsafe, unlawful or because of the degree
in which it lacks maintenance or is unsanitary, vermin or rodent infested,
contains filth and contamination or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this code or because its location constitutes a hazard to its occupants
or to the public.
d. An unlawful structure is one found in whole or in part to be occupied
by more persons than permitted under this code, or was erected, altered
or occupied contrary to law.
If the structure or part thereof is vacant or unfit for human
habitation, occupancy or use and is not in danger of structural collapse,
the Code Official may post a placard of condemnation on the premises
and may order the structure closed up so it will not be an attractive
nuisance to youngsters. Upon failure of the owner to close up the
premises within the time specified in the order, the Code Official
shall cause it to be closed through any public agency or by contract
or arrangement by private persons and the cost thereof shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
Whenever the Code Official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, or whenever the official has condemned any structure or equipment under the provisions of Section
16-6, he shall give notice to the owner or person or persons responsible therefore in the manner prescribed below. If the Official has condemned the property, or part thereof, the Official shall give notice to the owner and to the occupants of intent to placard and to vacate the property or to order equipment out of service.
Such notice prescribed in subsection
16-7.1 shall:
b. Include a description of real estate sufficient for identification.
c. Include a statement of the reason or reasons why it is being issued.
d. Include a correction order allowing reasonable time for repairs and
improvements required to bring the dwelling unit or structure into
compliance with the provisions of this code.
The notice shall be deemed to be properly served upon such owner
if a copy thereof is delivered to the owner personally, or by leaving
the notice at his usual place of abode in the presence of someone
in the family of suitable age and discretion who shall be informed
of the contents thereof, or by certified or registered mail addressed
to the owner at his last known address with return receipt requested,
or if the certified or registered letter is returned with receipt
showing that it has not been delivered, by posting a copy thereof
in a conspicuous place in or about the structure affected by such
notice, and publishing such notice in a local newspaper of general
circulation at least once a week for three consecutive weeks.
When a condemnation order is served on an occupant other than
the owner or person responsible for such compliance, a reasonable
time to vacate the property after noncompliance shall be stated. The
owners or persons responsible for compliance must vacate at the time
set for correction of the defects if there is failure of compliance.
Penalties for noncompliance of orders and notices shall be subject to the penalties set forth in subsection
16-10.2.
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of the dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been complied
with or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
After the condemnation notice required under the provisions
of this code has resulted in an order by virtue of failure to comply
within the given time, the Code Official may post on the premises
or structure or parts thereof, or on defective equipment, a placard
bearing the words: CONDEMNED AS UNFIT FOR HUMAN OCCUPANCY OR USE,
and a statement of the penalties provided for any occupancy or use
or for removing the placard. The owner or person or persons responsible
for the correction of violations shall remove themselves from the
property on failure to comply with the correction order in the time
specified, but other occupants shall be given a reasonable time thereafter
to vacate.
Any person who shall occupy a placarded premises or structure
or part thereof, or who shall use placarded equipment, and any owner
or any person responsible for the premises shall be liable for the
penalties provided by this code.
The Code Official shall remove the condemnation placard whenever
the defects upon which the condemnation and placarding action were
based have been eliminated. Any person who defaces or removes a condemnation
placard without the approval of the Code Official shall be subject
to the penalties provided by this code.
Whenever the Code Official finds that an emergency exists on any premises, or in any structure or part thereof, or on any defective equipment which requires immediate action to protect the public's health and safety or that of the occupants thereof, the Official may, with proper notice and service in accordance with the provisions of Section
16-7, issue an order reciting the existence of such an emergency and requiring the vacating of premises or such action taken as the Official deems necessary to meet such emergency. Notwithstanding other provisions of this code, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.
It shall be unlawful for any person, firm or corporation to
erect, construct, alter, extend, repair, remove, demolish, use or
occupy any structure or equipment regulated by this code, or cause
same to be done, contrary to or in conflict with or in violation of
any of the provisions of this code.
Any person, firm or corporation who shall violate any provision
of this code shall, upon conviction thereof, be subject to a fine
of not less than $100 nor more than $1,000 or imprisonment for a term
not to exceed 90 days, or both, at the discretion of the court. Each
day that a violation continues after due notice has been served, in
accordance with the terms and provisions hereof, shall be deemed a
separate offense.
In case any violation order is not promptly complied with, the Code Official may request the Borough's legal representative to institute an appropriate action or proceeding at law to exact the penalty provided in subsection
16-10.2 and in addition thereto, may ask the legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
a. To restrain or correct or remove the violation or refrain from any
further execution of work;
b. To restrain or correct the erection, installation or alteration of
such structure;
c. To prevent the occupation or use of the structure or part thereof
erected, constructed, installed or altered in violation of, or not
in compliance with, the provisions of this code; or in violation of
a plan or specifications under which an approval, permit or certificate
was issued or in violation of the Borough of South Bound Brooks' Land
Use Ordinance.
The Code Official may order the owner of the premises upon which
is located any structure or part thereof which in his judgment is
so old, dilapidated, fire damaged or has become so out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation,
occupancy or use and that would be unreasonable to repair, to raze
and remove such structure or part thereof; or if it can be made safe
by repairs, to repair and make safe and sanitary or to raze and remove
at the owner's option; or where there has been a cessation of normal
construction of any structure for a period of more than two years,
to raze and remove such structure or part thereof.
Whenever the Code Official determines that the cost of such
repairs would exceed 100% of the current value of such structure,
such repairs shall be presumed unreasonable and it shall be presumed
for the purpose of this section that such structure is a public nuisance
which may be ordered razed without option on the part of the owner
to repair.
The order shall specify a time in which the owner shall comply
therewith and specify repairs, if any. It shall be served on the owner
of record or the owner's agent where an agent is in charge of the
building and upon the holder of any encumbrance of record in the manner
provided for service of a summons by a court of record. If the owner
or holder of an encumbrance cannot be found, the order may be served
by posting it on the main entrance of the building and by publishing
it once in a newspaper authorized to provide service by publication.
Whenever the owner of a property fails to comply with a demolition
order within the time prescribed, the Code Official shall cause the
structure or part thereof to be razed and removed, either through
an available public agency or by contract or arrangement with private
persons, and the cost of such razing and removal shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.