[Ord. 12/19/66, S12-101]
Two published building codes regulating the design, construction,
alteration and demolition and moving of all buildings and structures,
one being known as the "BOCA Abridged Building Code", Third Edition
1960 and the other known as the "BOCA Basic Building Code," Fourth
Edition, 1965, together with the accumulative supplement to the BOCA
Abridged Building Code Third Edition, 1960, all of which are as published
by Building Officials Conference of America, Inc., are hereby adopted
by reference to regulate such activities in the borough. A copy of
each of the codes is annexed hereto and made part hereof without inclusion
of the text thereof herein. The copies of the codes have been placed
on file for the use and examination of the public.
[Ord. 12/19/66, S12-102]
This section and the codes referred to herein shall be known
as and may be cited as the "Building Code of the Borough of Sussex".
The "BOCA Abridged Building Code" shall be known and may be cited
as the ABC Code and the "BOCA Basic Building Code" shall be known
and cited as the basic code.
[Ord. 12/19/66, S12-103]
All buildings and structures hereafter erected, altered, repaired,
moved or demolished that are used or designed to be used for the purposes
herein defined shall comply in full with the requirements of the ABC,
including: one and two family and multi-family dwellings which are
not more than three stories nor more than 40 feet in height; private
garages and other buildings accessory to dwellings not more than one
and one-half stories nor more than 15 feet in height; and business
assembly, institutional and municipal buildings which are not more
than three stories nor more than 40 feet in height, other than buildings
for high hazard uses unless specifically provided for in this code.
[Ord. 12/19/66, S12-104]
All buildings and structures which involve the use of structural steel and reinforced concrete framing; heavy timber construction; roof trusses with spans more than 25 feet not including trussed roof rafters; and all other buildings and structures not specified in subsection 12-1.3 shall conform to all applicable requirements of the basic code; except that the incidental use of steel beams, girders, columns and hangers and reinforced concrete slabs and wall shall be permitted under the provisions of the ABC.
[Ord. 12/19/66, S12-105]
Building permits shall be obtained as provided in the ABC code
and the basic code. If any building or structure is not structurally
complete within one year from the date of the issuance of the permit,
the permit is automatically revoked, provided that the building inspector
may, in his discretion, extend the date for completion for a period
not to exceed 60 days, provided a good and sufficient reason for the
extension is advanced in writing. After a permit for such extension
thereof has expired, by lapse of time, a new permit shall be obtained
and a condition of the new permit shall be the filing of a performance
bond in sufficient amount to cover completion of the building or structure
involved. If any structure or part thereof remains uncompleted after
a permit expires and in such a condition that it increases fire, safety
or health hazards, such condition of the structure shall constitute
a violation thereof. If any such building is vacant with unguarded
openings, it shall be deemed to constitute a fire hazard and to be
unsafe within the provisions of the ABC code and the basic code.
[Ord. 03-2001, SII]
No fence shall be erected within the borough without a permit.
Applications for fence permits shall be made in writing to the building
inspector of the Borough of Sussex and shall include the following
information:
a.
Name and address of owner, and address of premises where the fence
is to be erected (if different).
b.
A description and specification of the fence, including size, height,
dimensions, materials, gate detail (including locking or latching
mechanisms) and percentage of opening in fence.
c.
A survey with a sketch or plan of the fence including setback lines
and location of gate(s).
d.
Fences constructed within two feet of a property line shall be placed
in accordance with stakes set by a surveyor, unless this provision
is waived by the building inspector.
[Ord. 12/19/66, S12-106; Ord. 7/19/74; Ord. 02-92; Ord. 18-92, SSI, II; Ord. 016-94, SI; Ord. 022-94, SI; Ord. 2003-01, S1; Ord. 2010-12, SI; Ord.
No. 2015-12]
a.
The provisions of the basic code relating to certificates of use
and occupancy (section 121.0) shall apply to all buildings or structures
covered by either of the codes. No building, structure or improvements
thereof shall be used or occupied until a certificate of occupancy
is issued therefor. Such certificate shall be issued only after a
final inspection by the board of health and the zoning officer and
with the approval of both. Final inspections shall be made only upon
the request of the owner or his agent.
b.
In addition, a certificate of occupancy shall be obtained prior to
the occupancy of any existing residential or nonresidential land or
building or part thereof by a new owner or tenant, even if there is
no change in the use of the land or the building or part thereof.
Such certificates of occupancy shall be granted or denied within 15
days from the date written application therefor has been received
by the zoning officer. Unless a certificate is granted within such
a period, it shall be deemed to be denied.
c.
1.
In addition, a certificate of occupancy shall be obtained on an annual
basis for each and every rental unit in any residential rental property,
even if there is no change in occupancy of such unit of dwelling space
subject to and in accordance with the following:
[Amended 6-21-2022 by Ord. No. 2022-08]
(a)
As a condition for issuance of a certificate of occupancy per this subparagraph with respect to any dwelling unit located in the C-1 Central Business District, the C-2 Redevelopment Area District and/or the C-3 General Commercial District, the property on which the dwelling unit is located must be in compliance with subsection 19-17.2a of the Borough Code unless (i) a certificate confirming that the deviation from the requirements of subsection 19-17.2a is a preexisting, nonconforming use issued in accordance with subsection 19-5.7 of the Borough Code; or (ii) the deviation from the requirements of subsection 19-17.2a is permitted by variance approval granted by the Borough Planning/Zoning Board and is in compliance with the conditions and terms of such variance approval. The applicant for the certificate of occupancy must submit a depiction showing the location of the parking spaces in relation to the dwelling structure and the road(s) abutting the property (if applicable).
(b)
There shall be an annual registration fee of $50 per year for
each rental unit of dwelling space, which fee shall be a prerequisite
to the issuance of a certificate of occupancy for each rental unit
of dwelling space. In the event there are discrepancies found in the
original inspections that require the Zoning Officer to return to
the property for a third or subsequent time, there will be an additional
fee of $35 for each such occurrence.
(c)
Upon payment of the registration fee, the Zoning Officer shall
conduct periodic inspections, not more than once a year, of the rental
unit(s) for compliance with the current Code provisions.
(d)
A certificate of occupancy shall be granted or denied within
15 days from the date of the annual inspection by the Zoning Officer.
Unless a certificate of occupancy is granted within the stated time
period, it shall be deemed a denial.
(e)
The provisions of this paragraph c1 do not apply to owner-occupied
units.
2.
Furthermore, a certificate of occupancy shall be obtained on an annual
basis for each and every unit of dwelling space in any "hotel," "motel,"
"board house," and/or "rooming house", which fee shall be a prerequisite
to the issuance of a certificate of occupancy for each such unit of
dwelling space. Upon payment of the registration fee, periodic inspections,
not more than once a year, shall be conducted by the zoning officer
for compliance with the current code provisions. A certificate of
occupancy shall be granted or denied within 15 days from the date
of the annual inspection by the zoning officer. Unless a certificate
of occupancy is granted within the stated time period, it shall be
deemed a denial.
d.
The use or occupancy of any building, structure or improvement thereof
before the issuance of a certificate of occupancy shall be a violation
of this section.
e.
Violations and Penalties. Any person, entity, firm, partnership,
or corporation who shall violate any of the provisions of this subsection
or shall fail to comply with the provisions of this subsection shall,
upon conviction in a court of competent jurisdiction, be subject to
a fine of not more than $500 or to imprisonment of not more than 30
days, or both. Each day that a violation of this subsection exists
and continues shall be deemed a separate and distinct violation of
the subsection.
[Ord. 12/19/66, S12-107]
Sections 104.31, 104.5, 105.61 through 105.68 of the ABC are
deleted. Sections 123.3, 128.1 through 128.6 of the basic code are
hereby deleted.
[Ord. 12/19/66, S12-108]
Before receiving a building permit or other permit provided
for in the codes, the owner or his agent shall pay the fees specified
in Table I. In applying the provisions hereof, the physical value
of the work shall be determined by the building inspector on the basis
of current costs and as provided in section 106.5 of the ABC.
[Ord. 87-15; Ord. 013-94]
b.
Surcharge Fee:
1.
Collection and payment. The construction enforcement department shall
collect, in addition to the fees specified, a surcharge fee of $0.0006
per cubic foot of volume of new construction, as determined in accordance
with paragraph c hereof. All such surcharge fees shall be remitted
to the bureau of housing inspection, department of community affairs.
c.
Definitions. For purpose of determining permit fees, the following
definitions and computation rules shall apply:
1.
Volume computation shall be determined as follows:
(a)
Structures with basements. The volume of the structure shall
include all enclosed dormers, porches, penthouses and other enclosed
portions of the structure, including attached garages or garages constructed
underneath such structure, extending from the basement or cellar floor
to the mean height of a pitched roof, or the average height to the
top of the roof beams of a flat roof.
(b)
Structures without basements. For structures without basements
or cellar, the volume shall be based on the height measured to a level
located one-fifth the distance from the first floor level to the bottom
of the footings, but not to exceed two and one-half feet below the
first floor level.
(c)
Open sheds. For open sheds and other structures of a similar
character, whether attached or detached, the volume shall be measured
within the perimeter of the roof for a height from the grade line
to the mean roof level.
(d)
Swimming pools. The fee shall be $10 per $1,000 of the cost
of the swimming pool and installation thereof. Minimum fee shall be
$20. Building fee for in-ground pools shall be $50; for above-ground
pools $25.
2.
Estimated costs shall be based upon, if available, cost data to be
provided by the architect or engineer of record, a recognized estimating
firm, or by the constructor whose cost data shall be submitted to
the construction enforcement department, with the permit application,
whose determination of estimated costs shall be final.
d.
General. All fees paid under the above fee schedule shall be nonrefundable.
e.
Reports. The construction officer shall, with the advice of the subcode
officers, prepare and submit to the mayor and council, biannually,
a report recommending alterations of and changes to the above fee
schedule, based on the operating expenses of the construction enforcement
department and any other expenses of the Borough of Sussex fairly
attributable to the enforcement of the uniform construction code.
It shall be unlawful for any person to erect, use, occupy, demolish
or move any building or structure in violation of any provision of
this section or the codes referred to herein or to cause or permit
any such violation to be committed.
[Ord. 002-94, SSI-III]
a.
Temporary Certificate of Occupancy for Nonresidential and Residential Uses for 90 Days. In the event an applicant for any nonresidential or residential use is unable to fully comply with all of the requirements for a permanent certificate of occupancy as outlined in Sussex Borough subsection 12-1.6 due to weather conditions or other forces beyond his/her control, he may apply for a temporary certificate of occupancy. For the purpose of administering this subsection, a nonresidential use is defined as the use of any equipment or machinery (other than construction machinery not considered part of the building), or the storage of product, merchandise, raw material or other personal property; or the use of a structure other than by those engaged in its construction.
1.
Applications for a temporary certificate of occupancy shall be made
on a form provided by the construction official. Applications shall
be made 14 days prior to the desired issuance date of the certificate.
Each application shall be accompanied by a fee as stated in subsection
24-1.2g.
2.
After receipt of an application of a temporary certificate of occupancy, the construction official shall make an inspection of the building and site in question. If the construction official finds that the applicant is unable to comply with all the requirements for a permanent certificate of occupancy for reasons as outlined in subsection 12-1.6, he may issue a temporary certificate of occupancy for a period of 90 days provided all of the following requirements are met:
(a)
The building is substantially completed, fully enclosed to all
natural elements, and in all respects ready to accommodate the proposed
use.
(b)
As required by the season, heating or ventilating systems are
in working order.
(c)
The building shall have sanitary facilities installed and usable
and approved by the health officer.
(d)
All combustion equipment and fire protection systems shall have
preliminary approval of the board of fire commissioners.
(e)
The electrical installation has been inspected and approved
by the appropriate agency.
3.
The construction official shall have the authority to extend the
temporary certificate of occupancy for a period of 30 days upon the
receipt of an application for renewal and payment of an additional
fee as stated in subsection 24-1.2g. This application and the action
taken shall be as permitted and regulated in paragraphs a1 and 2 above.
4.
In no case shall the construction official issue a temporary certificate
of occupancy for a period to exceed 90 days nor shall a temporary
certificate of occupancy be extended for a period longer than nine
months from the date of original issuance.
b.
Posting of Completion Bond or All Cash Bond as a Condition of Granting
a Temporary Certificate of Occupancy for Longer than 90 Days.
1.
In such event that a temporary certificate of occupancy may be required
for a period of 90 days or more as regulated in paragraph a, in addition
to the requirements of paragraphs a1 and 2, the construction official
will estimate the cost of completing all conditions of site plan approval.
The applicants shall post a completion bond for the amount determined
by the construction official with the municipal clerk. If the bond
is other than all cash, a $500 cash escrow will be deposited with
the municipal clerk which shall be forfeited and used to defray the
cost of collecting the completion bond if the applicant fails to comply
with all of the site plan requirements within the time limits set
forth on the temporary certificate of occupancy issued under this
section. A certificate of occupancy requiring the posting of a bond
as set forth in this section shall not be issued without the approval
of the construction official and confirmation with the municipal clerk
that the posting requirements are met.
2.
The requirements of posting a completion bond or all cash bond may
be waived for residential use applications upon a reasonable determination
by the construction code official, following a site inspection and
review and consideration of all factors and circumstances.
c.
Records and Fees. It shall be the duty of the construction official
to keep a record of all applications for temporary certificates of
occupancy and of all such permits and certificates issued, with a
notation of all special conditions involved. He shall file and safely
keep copies of all plans and specifications submitted with the applications,
and the same shall form a part of the records of this office and shall
be available to all officials of the borough. Copies of the temporary
certificates of occupancy shall be furnished upon request to any person
having a proprietary or leasehold interest in the structure of land
effected. A fee of $5 shall be charged for each original certificate
and $1 for each copy thereof.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance No. 5/18/70.
[Ord. 10-91, S1]
The Property Maintenance Board of the Borough of Sussex, its
agents, designees, inspectors, and retained professionals be and they
are hereby designated as the officials, acting singularly or in concert
with others, to exercise the powers prescribed by the within section.
[Ord. 10-91, S2]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1 et seq.) the "New Jersey State Housing Code (1980 Revision)" as approved by the Department of Community Affairs and filed in the Secretary of State's Office is hereby accepted, adopted and established as amended and supplemented, as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the "New Jersey State Housing Code (1980 Revision)", is annexed to this section and three copies of the same have been placed on file in the office of the borough clerk and are available to all persons desiring to use and examine the same.
[Ord. 10-91, S3; amended 7-16-2019 by Ord. No. 2019-06]
a.
The Property Maintenance Board of the Borough of Sussex, its agents,
designees, inspectors, and retained professionals, acting singularly
or in concert with others, are hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rooming units, and premises located within the Borough of Sussex in
order that they may perform their duty of safe-guarding the health
and safety of the occupants of dwellings and of the general public.
b.
Whenever necessary 1. to make an inspection to enforce any of the
provisions of this Code; or 2. for the purpose of making such repairs
or alterations as are necessary to effect compliance with the provisions
of this Code or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this Code, the Property
Maintenance Board of the Borough of Sussex, its agents, designees,
inspectors, and retained professionals, may enter such dwellings,
dwelling units, rooming units, and premises located within the Borough
of Sussex, at all reasonable times to inspect the same or to perform
any duty imposed upon the Property Maintenance Board by this Code,
provided that if such premises be occupied, the authorized representative
of the Property Maintenance Board shall first present proper credentials
and demand entry; and if such premises be unoccupied, he or she shall
first make a reasonable effort to locate the owner or other persons
having charge or control of the premises and demand entry.
c.
No owner or occupant or any other persons having charge, care or
control of any premises shall fail or neglect, after proper request
is made as herein provided, to promptly permit entry therein by the
authorized representative of the Property Maintenance Board 1. for
the purpose of inspection and examination pursuant to this Code; or
2. for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this Code or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this Code. If the owner or occupant denies entry,
the authorized representative of the Property Maintenance Board shall
obtain a proper warrant or other remedy provided by law to secure
entry.
[Ord. 10-91, S4]
Whenever the Property Maintenance Board of the Borough of Sussex,
its agents, designees, inspectors, and retainer professionals, acting
singularly or in concert with others, determines that there are reasonable
grounds to believe that there has been a violation of any provisions
of this section, or of any rule or regulation adopted pursuant thereto,
he shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall (a)
be put in writing; (b) include a statement of the reasons why it is
being issued; (c) allow a reasonable time for the performance of any
act it requires; and (d) be served upon the owner or his agent or
the occupant, as the case may require; provided that such notice shall
be deemed to be properly served upon such owner or agent, or upon
such occupant, if a copy thereof is served upon him personally; or
if a copy thereof is sent by certified mail to his last known address;
or if a copy thereof is posted in a conspicuous place in or about
the dwelling affected by the notice; or if he is served with such
notice by any other method authorized or required under the laws of
this state. Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
section and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the property maintenance board provided
such person shall file in the office of the secretary of the property
maintenance board or in the office of the borough clerk a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefor within ten days after the day the notice was
served. Upon receipt of such petition the property maintenance board
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced not later than ten days
after the day on which the petition was filed; provided that upon
application of the petitioner the property maintenance board may postpone
the date of the hearing for a reasonable time beyond such ten day
period, if in his judgment the petitioner has submitted a good and
sufficient reason for such postponement. After such hearing the property
maintenance board shall sustain, modify, or withdraw the notice, depending
upon its findings as to whether the provisions of this section and
of the rules and regulations adopted pursuant thereto have been complied
with. If the property maintenance board sustains or modifies such
notice, it shall be deemed to be an order. Any notice served pursuant
to this section shall automatically become an order if a written petition
for a hearing is not filed in the office of the property maintenance
board within ten days after such notice is served. The proceedings
at such hearing, including the findings and decision of the property
maintenance board, shall be summarized, reduced to writing, and entered
as a matter of public record in the office of the property maintenance
board. Such record shall also include a copy of every notice or order
issued in connection with the matter. Any person aggrieved by the
decision of the property maintenance board may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this state. Whenever the property maintenance board, its agents, designees,
inspectors, or retained professionals, acting singularly or in concert
with each other, finds that an emergency exists which requires immediate
action to protect the public health, or safety, he may, without notice
of hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as he deems necessary to meet
the emergency. Notwithstanding the other provisions of this ordinance,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately, but upon petition
to the property maintenance board shall be afforded a hearing as soon
as possible. After such hearing, depending upon his findings as to
whether the provisions of this section and of the rules and regulations
adopted pursuant thereto have been complied with, the property maintenance
board shall continue such order in effect, or modify it, or revoke
it.
[Ord. 10-91, S5]
The property maintenance board is hereby authorized and empowered
to make and adopt such written rules and regulations as it may deem
necessary for the proper enforcement of the provisions of this section,
provided, however, that such rules and regulations shall not be in
conflict with the provisions of this section, nor in anywise alter,
amend, or supersede any of the provisions thereof. The property maintenance
board shall file a certified copy of all rules and regulations which
it may adopt in its office and in the office of the Clerk of the Borough
of Sussex.
[Ord. 10-91, S6]
No person shall occupy as owner occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the "New Jersey
State Housing Code (1980 Revision)", established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[Ord. 10-91, S7; Ord. 2004-10, S1]
a.
For any and every violation of the provisions of this chapter, the
borough shall serve a notice of abatement upon the owner, contractor
or other person or entity interested as general agent, architect,
building contractor, owner, tenant or any other person or entity who
commits, takes part in or assists in any violation of this chapter,
or who maintains any structure or premises in which any violation
of this chapter still exists. The notice of abatement shall be served
by certified mail, return receipt requested or personal service. Any
and every such violation shall be abated within five days after receipt
of the written notice. Any person or entity violating any provision
of this chapter shall, upon conviction before a court of competent
jurisdiction, be subject to a fine of not more than $1,250, or imprisonment
in the county jail for a period not to exceed 90 days, or both at
the discretion of the court or judicial officer.
b.
Each and every day that such violation continues after receipt of
the notice of abatement shall be considered a separate and specific
violation of this chapter.
c.
In addition to the costs, fines and penalties authorized herein,
any person or entity who violates a provision of this chapter shall
reimburse the Borough of Sussex for all costs incurred for investigation,
inspections and prosecution of violations of this chapter, including
the costs of litigation and reasonable attorney's fees. All cost and
fees awarded pursuant to this section to the Borough of Sussex shall
constitute an assessment and lien against the subject real property
and shall accrue interest as provided by law.
[Ord. 12-92, S1]
The members of the Property Maintenance Board of the Borough
of Sussex, its agents, designees, inspectors, and retained professionals
be and they are hereby designated as the officials, acting singularly
or in concert with others, to issue summonses to the person, persons,
corporations, partnerships, and/or other entities responsible for
any alleged violation of the Property Maintenance Code of the Borough
of Sussex, which is "The BOCA National Property Maintenance Code,
Third Edition, 1990", as published by the Building Officials and Code
Administrators International, Inc., and any subsequent amendments
to the BOCA National Property Maintenance Code, and, furthermore,
to issue summonses to any person, persons, corporations, partnerships,
and/or other entities with respect to the abandonment of vehicles
left on properties within the Borough of Sussex, which summonses shall
be heard before a court of competent jurisdiction.
[Ord. 12/20/76; Ord. 4/4/77]
There is hereby established in the Borough of Sussex a State
Uniform Construction Code enforcing agency to be known as the Borough
of Sussex Construction Code Agency, consisting of a construction official,
building subcode official, plumbing subcode official, electrical subcode
official, fire protection subcode official, and such other subcode
officials for such additional subcodes as the Commissioner of the
Department of Community Affairs, State of New Jersey, shall hereafter
adopt as part of the State Uniform Construction Code. The construction
official shall be the chief administrator of the enforcing agency.
[Ord. 12/20/76; Ord. 4/4/77]
Each official position created in subsection 12-3.1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C 217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C 217 and N.J.A.C. 5:23 to hold each such position.
[Ord. 12/20/76; Ord. 4/4/77]
The public shall have the right to do business with the Borough
of Sussex Construction Code Agency at the borough hall or at such
offices regularly maintained by the construction official or on site
inspection agencies as contracted by the borough.
[Ord. 12/20/76; Ord. 4/4/77]
All appeals from decisions of the construction code officials
or subcode officials shall be to the Sussex County Construction Board
of Appeals, and shall be made pursuant to the rules of said board
and the applicable state statutes.
[Ord. 12/20/76; Ord. 4/4/77]
The mayor and common council shall contract with any approved,
on-site inspection agencies as are necessary to serve the needs of
the borough and comply with the intent and spirit of the State Uniform
Construction Code Law.
[Ord. 12/20/76; Ord. 4/4/77]
All on site inspection agencies shall be appointed annually
by resolution of the mayor and common council on or before January
31 of each year.
[Ord. 12/20/76; Ord. 4/4/77]
[Ord. 12/20/76; Ord. 4/4/77; Ord. 013-94]
The building subcode fee for new construction shall be as set forth in subsection 24-1.2.
[Ord. 12/20/76; Ord. 4/4/77]
The fee for renovation, alteration and repair shall be as presently constituted in subsection 12-1.9 of the Revised Ordinances of the Borough of Sussex.
[Ord. 12/20/76; Ord. 4/4/77]
In order to provide for the training, certification, and technical
support programs required by the Uniform Construction Code Act and
The Regulations, the enforcing agency shall collect in addition to
the fees specified above, a surcharge fee of $.0006 per cubic foot
of volume of new construction. Said surcharge fee shall be remitted
to the Bureau of Housing Inspection, Department of Community Affairs,
on a quarterly basis for the fiscal quarters ending September 30,
December 31, March 31, and June 30, and not later than one month next
succeeding the end of the quarter for which it is due. In the fiscal
year in which The Regulations first become effective, said fee shall
be collected and remitted for the third and fourth quarters only.
The enforcing agency shall report annually at the end of each
fiscal year to the Bureau of Housing Inspection, and not later than
July 31, the total amount of the surcharge fee collected in the fiscal
year. In the fiscal year in which The Regulations first become effective,
said report shall be for the third and fourth quarters only.
[Ord. 12/20/76; Ord. 4/4/77]
The construction code official shall prepare and submit to the
Department of Community Affairs, or other body, all reports as required
by law.
The construction code official shall, with the advice of subcode
officials, prepare and submit, to the mayor and common council, an
annual report recommending a fee schedule based on the expenses of
the agency. Said report shall be submitted prior to January 1 of each
year.
[Ord. 12/20/76; Ord. 4/4/77]
This ordinance shall be construed liberally to comply with and
effectuate the intent of the State Uniform Construction Code.
Prior ordinance history includes portions of ordinances 4/3/78,
90-08, 07-91, 12-92, 19-92, 008-94, 99-01, 06-2002, 2004-8 and 2008-27.
[Ord. 2011-14]
It is hereby found and determined that there exists in the Borough
of Sussex structures used for residential and nonresidential use which
are or may become in the future substandard with respect to structure,
equipment or maintenance. It is further found that conditions of the
above-described property, including but not limited to structural
deterioration, lack of maintenance and appearance of the exterior
of premises, infestation, lack of essential heating, plumbing, storage
or refrigeration equipment, lack of maintenance or upkeep of essential
utilities and facilities, existence of fire hazards, inadequate provisions
for light and air, unsanitary conditions, constitute a menace to health,
safety, welfare and reasonable comfort of the citizens and inhabitants
of the Borough of Sussex. The borough council of the Borough of Sussex
further finds and declares that, by reason of lack of maintenance
and the existence of progressive deterioration, certain properties
have the further effect and/or the further potential effect of creating
blighted conditions that, if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate,
in time, the expenditure of public funds to correct and eliminate
the same and that, by reason of timely regulation and restrictions
as herein contained, the growth of depressed areas, slums and blight
may be prevented. It is further found that such prevention will maintain
neighborhood and property values, as well as the desirability and
amenities of residential and nonresidential uses; and it is further
found that such prevention will protect and foster the public health,
safety and welfare.
[Ord. 2011-14]
The purposes of this property maintenance code are as follows:
a.
To protect the public health, safety and welfare of the citizens
of Sussex by establishing minimum standards governing the maintenance,
appearance, conditions and occupancy of property.
b.
To authorize and establish procedures for the enforcement of this
Code.
c.
To fix certain responsibilities and duties upon owners and operators
and establish distinct and separate responsibilities and duties upon
occupants; to authorize and establish procedures for the inspection
of residential and nonresidential premises.
d.
To fix penalties for the violations of this Code.
[Ord. 2011-14]
Nothing in this section shall be construed to abrogate or impair
the powers of the Borough of Sussex to enforce any provisions of its
ordinances or regulations or prevent or punish violations thereof,
and the power conferred by this section shall be in addition to and
supplemental to the powers conferred by any other law or ordinance.
[Ord. No. 2011-14]
a.
All structures and premises in the Borough of Sussex shall be kept
free of all the following conditions:
1.
Broken glass, excessive brush, weeds, stumps and roots, obnoxious
growth, filth, garbage, trash, refuse, rubbish and debris.
2.
Dead and dying trees, limbs or other natural growths which by reason
of rotting, deteriorating conditions, storm damage or weathering constitute
a hazard to persons or utility in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions. Naturally wooded
areas are exempt from this section which pertains to the vicinity
of a residence.
3.
Loose and overhanging objects and accumulations of ice and snow which,
by reason of location above ground level, constitute a danger of falling
on persons in the vicinity thereof.
4.
Holes, excavations, breaks, projections, obstructions, icy conditions,
and other safety hazards related to walks, driveways, parking lots,
parking areas and other parts of the premises which are accessible
to and used by persons on the premises. All such holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate safety hazards or unsanitary
conditions.
5.
Sources of infestation or potential infestation by rodents, mosquitoes,
flies and other harmful vermin.
6.
Runoff drains shall be maintained to eliminate any recurrent or excessive
accumulations of storm water.
7.
Retaining walls shall comply with all applicable codes and maintained
to be free of rotting or deteriorated wood and/or broken or crumbling
masonry or stone.
b.
The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair, and all surfaces thereof
shall be kept painted and finished where necessary for purposes of
preservation and appearance. The same shall be maintained free of
broken glass, loose shingles, crumbling stone or brick, excessive
peeling of paint or other conditions reflecting weathering, deterioration
or inadequate maintenance, to the end that the property itself may
be preserved, safety and fire hazards eliminated and adjoining properties
in the neighborhood protected from blighting influences. All accessory
structures must have functional doors and windows where necessary.
c.
Natural vegetation, landscaping, lawns, hedges and bushes shall not
be allowed to become overgrown and unsightly where exposed to public
view. The length of lawn grass shall not exceed nine inches at any
time.
d.
There shall not be stored or used at a location visible from the
sidewalks, streets or other public areas equipment and materials relating
to commercial or industrial uses unless permitted under the zoning
ordinance for the premises. All tarps used to cover such firewood
or stored trailers, boats, etc., shall be blue, dark green, brown,
black or camouflage tarpaulin or canvas.
e.
All parts of the premises shall be kept in a clean and sanitary condition,
free of nuisances and free from health, safety and fire hazards.
[Ord. No. 2011-14]
a.
Where a violation of this section or the regulations hereunder is
found to exist, a written notice from the code enforcement officer
or county health officer shall be served upon the owner responsible
for correcting such condition. The notice shall contain the following:
1.
A description of the property sufficient for identification;
2.
An identification of the conditions constituting the violation;
3.
The necessary corrective action;
4.
A time period not to exceed ten days after service of the notice
upon the owner to correct or abate the violation;
5.
A statement that the notice shall become an order of the code enforcement
officer in ten days after service; and
6.
A statement of the penalty for violation of the notice.
b.
The notice may be served personally or by certified mail at the last
known address of the owner alleged to be in violation. Where it is
ascertained that the owner does not reside on the premises and the
last known address cannot be ascertained, the notice may be posted
on the outside front entrance of the affected building. Service upon
any owner may also be achieved by service of any notice upon a member
of the family of the owner, provided that such family member is 16
years of age or older and resides with such owner.
c.
After ten days from the date of service of the notice, the notice
shall constitute a final order. If the violation is not corrected
or abated at the time the notice constitutes a final order, the code
enforcement officer shall issue a summons to the owner to appear in
municipal court for violation of the final order, pursuant to N.J.S.A.
2B:12-17a.
d.
The code enforcement officer or health inspector may extend the time
for correction and abatement of any violation of this section for
an additional period of time not to exceed 30 days, except where major
capital improvements or renovations are involved, in which case, the
time for completion may be extended for such period of time as the
code enforcement officer may deem reasonably adequate.
e.
In the event that the owner of the property does not respond to violation
notices, fails to abate the subject of the violation notice, or can
not be located after diligent inquiry and effort, the borough may
take reasonable steps up to and including demolition of real property
to abate or minimize the violations for the health, safety and welfare
of the surrounding properties. In the case of failing to maintain
a lawn constituting a violation, the Borough may, at its sole discretion,
cut the grass or hire a contractor to cut the grass. The owner shall
be charged $100 per hour for grass cutting and the Borough shall record
the charges as a lien against the property. The borough may from time
to time by resolution adopt a fee schedule to establish the cost charged
to the owner for other measures of abatement. The borough is also
enabled to hire contractors to accomplish abatement or demolition
and lien the cost for the charges against the property.
f.
In case
any building or structure is erected, constructed, altered, repaired,
converted, or maintained, or any building, structure or land is used
in violation of this property maintenance code or the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”), or any other
ordinance or regulation made by authority conferred by the MLUL, the
Borough or an interested party, in addition to other remedies, may
institute any appropriate action or proceedings at law or equity to
prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.
[Added 6-1-2021 by Ord. No. 2021-10]
[Ord. No. 2011-14]
A violation of this section by failure to comply with an order
entered by the code enforcement officer pursuant to the Property Maintenance
Ordinance shall be punishable by a fine not to exceed $250 for the
initial violation, not to exceed $500 for the second violation and
not to exceed $1,000 for the third violation committed hereunder.
Each violation of a different section of this code shall constitute
a separate and distinct violation independent of any other section.
Each day of noncompliance with any provision of this code, and any
subsequent violation, shall constitute a separate violation and shall
be subject to a summons without further notification. An owner shall
be considered "notified" of the violation for a period of two years
after the initial notification.
[Ord. No. 2016-11]
There is hereby established a Property Maintenance Advisory
Committee which shall consist of five members as follows:
a.
One member appointed by the Sussex Borough Board of Health,
b.
One member appointed by the Sussex Planning/Zoning Board,
c.
One member of the Borough Council appointed by the Mayor with the
advice and consent of the Council,
d.
Two members of the public appointed by the Mayor with the advice
and consent of the Council,
The term of membership of the Property Maintenance Advisory
Committee shall be annual.
[Ord. No. 2016-11]
The Property Maintenance Advisory Committee shall serve as an
advisory committee. Its purpose is to promote the quality of life
in the Borough through a more aesthetic appearance in the community,
to offer ideas and suggestions for the physical improvement of areas
and buildings in the Borough and to review specific concerns about
property maintenance. The Property Maintenance Advisory Committee
shall hear complaints and concerns from members of the public regarding
property maintenance issues; investigate such complaints and concerns
and make inquiries as the Board deems appropriate; gather information
pertaining to conditions of properties in the Borough; report problems
and concerns to and request action from the Code Enforcement Officer
and/or County Health Officer as the Board deems appropriate; and report
its findings and recommendations to the Governing Body.
[Ord. No. 2016-26]
As used in this section, the following terms shall have the
meanings indicated:
Is defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78, et seq., and means the following:
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), any property that has not been legally occupied for a period
of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property on a determination
by the Public Officer that:
The property is in need of rehabilitation in the reasonable
judgment of the Public Officer, and no rehabilitation has taken place
during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Public Officer pursuant to this
section;
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes (see N.J.S.A. 54:4-1 et seq.) as of the date of a determination by the Public Officer pursuant to this section; or
The property has been determined to be a nuisance by the Public
Officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
A property which contains both residential and non-residential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space, none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the Public Officer and the property meets the criteria of either paragraph a1 or a4 of the definition of "Abandoned Property" set forth in this subsection 12-5.1.
Shall mean a creditor who files a summons and complaint in
an action to foreclose.
Shall mean any condition that on its own or combined with
other conditions present would lead a reasonable person to believe
that the property is or has been vacant for three or more months.
Such evidence would include, but is not limited to, evidence of the
existence of two or more of the following conditions at a property:
overgrown or dead vegetation; accumulation of newspapers, circulars,
flyers or mail; past-due utility notices or disconnected utilities;
accumulation of trash, junk or debris; the absence of window coverings
such as curtains, blinds or shutters; the absence of furnishings or
personal items consistent with residential habitation; statements
by neighbors, delivery agents, or government employees that the property
is vacant or abandoned; infestation by insects, vermin, rats or other
pests; windows or entrances that are boarded up or closed off; multiple
window panes that are damaged, broken or unrepaired; doors that are
smashed, broken, unhinged or continuously unlocked; or any uncorrected
violation of a municipal building, housing or similar code during
the preceding year.
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, § 17,
as amended), or any other entity determined by the Borough of Sussex
to act with respect to the property.
Shall mean the person appointed as Public Officer in accordance with subsection 12-5.7.
Shall mean a building that was or is used or whose purpose is to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased for a period of at least three months; and/or commercial property that has not been legally occupied or at which substantially all lawful construction operations have ceased for a period of at least three months, and which exhibits evidence of vacancy such that a reasonable person would believe that the property is vacant. Alternatively, property which is "abandoned property" as defined in subsection 12-5.1 is vacant property. A property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Borough for any violation of municipal ordinance within such time as it is unoccupied and is being actively marketed by its owner for sale or rental shall not be deemed vacant.
[Ord. No. 2016-26]
a.
General Requirements.
1.
The owner of vacant property shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Borough of Sussex on forms provided by the Borough of Sussex for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, by no later than January 31st of each year, as long as the building remains vacant property and shall pay a registration or renewal fee as prescribed in subsection 12-5.2c for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
2.
Any owner of a building meeting the definition of "vacant property"
as of the effective date of this section shall file a registration
statement for that property on or before the 60th day following the
effective date of this section.[1]
[1]
Editor's Note: This section was adopted December 6, 2016 by
Ordinance No. 2016-26.
3.
The registration statement shall include the information required under subsection 12-5.2b hereof and any additional information which the Public Officer may reasonably require.
4.
The owner shall notify the Borough of Sussex within 30 days of any
change in the registration information by filing an amended registration
statement on a form provided by the Borough of Sussex for such purpose.
5.
The registration statement shall be deemed prima facie proof of the
statements therein for the purpose of any administrative enforcement
or court proceeding instituted by the Borough of Sussex against the
owner(s) of the vacant property.
b.
Registration Statement Requirements; Property Inspection.
1.
After filing a registration statement or a renewal of a registration
statement, the owner of vacant property shall provide access to the
Public Officer, if requested and following reasonable notice, during
the period covered by the initial registration or any subsequent renewal.
If an inspection of the interior of the property is deemed by the
Public Officer to be necessary due to complaints or other cause, the
fee for such inspection shall be the same as that for a continued
certificate of occupancy inspection as provided in the applicable
provisions of the Code of the Borough of Sussex.
2.
The registration statement shall include the name, street address,
and telephone number of a natural person 21 years of age or older,
designated by the owner or owners as the authorized agent for receiving
notices of code violations and for receiving process in any court
or administrative enforcement proceeding, on behalf of such owner
or owners in connection with the enforcement of any applicable code.
The designated agent must have a contact number that will be available
24 hours per day on an emergency basis. The statement shall also include
the name of the person responsible for maintaining and securing the
property, if different from the designated agent.
3.
An owner who is a natural person and who meets the requirements of subsection 12-5.2b2 as to availability of a contact number on a 24-hour emergency basis may designate himself or herself as agent.
4.
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court or administrative enforcement proceeding brought to enforce code provisions concerning the registered property by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purpose of this section until the owner notifies the Borough of Sussex of a change of the authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from the requirements of subsection 12-5.2.
[Ord. No. 2016-26]
The owner of a building that has become vacant or abandoned
property, and any person maintaining, operating or collecting rent
for any such building that has become vacant or abandoned, shall,
immediately:
a.
Post a sign affixed to the inside of the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to subsection 12-5.2b hereof), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches; and
b.
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Borough of Sussex and maintain the sign required by subsection 12-5.3a hereof until the building is legally occupied or demolished or until repair or rehabilitation of the building is complete; and
c.
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Borough of Sussex; and
d.
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough of Sussex for the
delivery of circulars and advertisements to the property; and
e.
Make provision for winterizing the property by the cessation of water
service to the property and the draining of water lines, other than
buildings with a fire sprinkler system, and
f.
Make provision for the cessation of electric or gas utility services
to the property, other than buildings with a fire sprinkler system,
and
g.
Make provision for the regular maintenance of the exterior of the
property.
[Ord. No. 2016-26]
Anyone who violates a provision of subsection 12-5.2 or subsection 12-5.3 shall be subject to a fine of not less than $500 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. In addition, each failure to file a registration statement on time or to provide correct information on the registration statement shall constitute a violation. Fines assessed under this subsection 12-5.4 shall be recoverable from the owner and be a lien on the property.
[Ord. No. 2016-26]
a.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, a creditor filing
a summons and complaint in an action to foreclose shall be responsible
for the care, maintenance, security and upkeep of the exterior of
the vacant and abandoned residential property. This obligation applies
whether the determination that the property is vacant and abandoned
is made in accordance with this or any other section of the Code of
the Borough of Sussex, with N.J.S.A. 2A:50-73, or with any other applicable
law.
b.
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.
c.
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 to the municipal clerk pursuant to N.J.S.A.
46:10B-51(a)(1).
d.
An out-of-state creditor found by the Municipal Court or other court of competent jurisdiction to be in violation of subsection 12-5.5b or c shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the 10 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 has been served.
e.
A Public Officer appointed pursuant to N.J.S.A. 40:48-2.3 et seq., or the Public Officer appointed per subsection 12-5.7 shall be authorized to issue a notice to the creditor if the Public Officer determines that the creditor has violated subsection 12-5.5 by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. The notice shall require the person or entity 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 this notice shall constitute proof that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
f.
A creditor found by the Municipal Court or other court of competent jurisdiction to be in violation of the requirement to care for, maintain, secure or upkeep a property as cited in a notice issued pursuant to subsection 12-5.5e shall be subject to a fine of $1,500 for each day of the violation commencing 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.
[Ord. No. 2016-26]
The Borough of Sussex shall retain the option and authority
to exercise such powers granted to municipalities by the State of
New Jersey for the rehabilitation of abandoned property. Such powers
are set forth, inter alia, in the "Abandoned Properties Rehabilitation
Act" (N.J.S.A. 55:19-78, et seq.) and in applicable portions of the
"New Jersey Urban Development Corporation Act" (N.J.S.A. 55- 19-1,
et seq.). These statutory powers are collectively referred to herein
as the "enabling statutes."
[Ord. No. 2016-26]
The Public Officer, as defined in N.J.S.A. 55:19-80, who is responsible for executing the provisions of Section 12-5 hereof and for the rehabilitation of abandoned property, shall be designated by resolution of the Borough Council.
[Ord. No. 2016-26]
The Public Officer shall designate a property as an "abandoned
property" if said property meets the criteria set forth in N.J.S.A.
55:19-81 (abandoned property criteria) and/or N.J.S.A. 55:19-82 (nuisance
property criteria). The Public Officer's designation is limited by
the provisions of N.J.S.A. 55:19-83.
[Ord. No. 2016-26]
The Public Officer shall establish an Abandoned Property List
pursuant to N.J.S.A. 55:19-55. An interested party, as that term is
defined in N.J.S.A. 55:19-105a, may request that the Public Officer
include a property on the Abandoned Property List, pursuant to N.J.S.A.
55:19-105.
[Ord. No. 2016-26]
The owner of a property on the Abandoned Property List has such
rights designated to said owner by the enabling statutes. Such powers
include but are not limited to: (a) Challenging the inclusion of a
property on the Abandoned Property List, pursuant to N.J.S.A. 55:19-55e;
(b) Seeking removal from said list, pursuant to N.J.S.A. 55:19-57
and 55:19-103; and (c) Petitioning for reinstatement of control and
possession, pursuant to N.J.S.A. 55:19-92, et seq.
[Ord. No. 2016-26]
The Borough of Sussex has and retains such powers and rights
regarding abandoned properties as set forth in the enabling statutes.
Such powers include but are not limited to: (a) Sale of tax lien,
pursuant to N.J.S.A. 55:19-56; (b) Special tax sales, pursuant to
N.J.S.A. 55:19-101; (c) Foreclosing the right to redemption, pursuant
to N.J.S.A. 55:19-58; (d) Recourse directly against property owner,
pursuant to N.J.S.A. 55:19-100; (e) Possession and control of property,
pursuant to N.J.S.A. 55:19-84 to 55:19-92, et seq.; (f) Rehabilitation
and reuse of property, while in possession and control, pursuant to
N.J.S.A. 55:19-90; (g) Borrowing money and making applications for
rehabilitation of property, while in possession and control, pursuant
to N.J.S.A. 55:19-91; (h) Sale of property, pursuant to N.J.S.A. 55:19-96;
(i) Purchase of property, pursuant to N.J.S.A. 55:19-96; (j) Recover
rehabilitation costs by lien on property, pursuant to N.J.S.A. 55:19-98;
(k) Clearance, development, redevelopment or repair of property through
power of eminent domain, pursuant to N.J.S.A. 55:19-56, 55:19-102.
[Ord. No. 2016-26]
Electric and natural gas utilities retain such rights to abandoned
properties as set forth in N.J.S.A. 55:19-106 and 107.
[Ord. No. 2016-26]
Nothing in Section 12-5 is intended to nor shall be read to conflict or prevent the Borough of Sussex from taking action regarding buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the Code of the Borough of Sussex and/or the Uniform Construction Code. Further, any action taken under any such code provision shall not relieve an owner from his, her or its obligations under Section 12-5.
[Ord. No. 2016-26]
All references in Section 12-5 to statutes include all amendments thereto. References to particular sections of enabling statutes are for ease of reference but may not be exhaustive and are not meant to be exclusive of other applicable statutory provisions contained in enabling statutes or elsewhere in New Jersey statutes.
[Added 3-2-2021 by Ord. No. 2021-01]
This section is passed pursuant to the Unfit Buildings Statute
and may be known and cited as the “Unfit Buildings Ordinance”
and may be referred to herein as "this section" or “this Unfit
Buildings Ordinance.”
[1]
Editor's Note: Former Section 12-6, Repair, Closing or Demolition
of Unfit Buildings, previously codified herein and containing portions
of Ordinance Nos. 2002-05 and 2004-09, was repealed in its entirety
by Ordinance No. 2011-14.
[Added 3-2-2021 by Ord.
No. 2021-01]
The following terms whenever used or referred to in this Unfit
Buildings Ordinance shall have the following respective meanings for
the purposes hereof, unless a different meaning clearly appears from
the context:
Any building, or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses, and
appurtenances belonging thereto or usually enjoyed therewith.
Holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and/or any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Sussex,
County of Sussex or State of New Jersey relating to health, fire,
building regulations, or to other activities concerning buildings
in the Borough.
The construction official, or any other person or persons
designated as the public officer pursuant to the provisions of this
Unfit Buildings Ordinance.
N.J.S.A. 40:48-2.3 et seq., as amended, modified or supplemented
from time to time, along with its successor(s) and all rules and regulations
adopted thereunder.
[Added 3-2-2021 by Ord.
No. 2021-01]
It is hereby found and declared that the existence or occupation
of any buildings in the Borough of Sussex which are so old, dilapidated
or have become so out of repair as to be dangerous, unsafe, insanitary
or otherwise unfit for human habitation, or occupancy, or use, are
inimical to the welfare and dangerous and injurious to the health
and safety of the people of this Borough, and that a public necessity
exists for the repair, closing or demolition of such buildings. Whenever
the Borough finds any buildings in the Borough which are unfit for
human habitation or occupancy, or use, due to dilapidation, defects
increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitation facilities, or due to other conditions
rendering such buildings unsafe or insanitary, or dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the
residents of the Borough, the Borough will exercise its police powers
to repair, close or demolish, or cause or require the repairing, closing
or demolition of such buildings in the manner herein provided.
[Added 3-2-2021 by Ord.
No. 2021-01]
The construction official is hereby designated and appointed
as the public officer to exercise the powers prescribed by this Unfit
Buildings Ordinance. The Borough Council may, by resolution at its
discretion, transfer the duties and functions of the public officer
to some other Borough officer, employee or agent who is qualified
to carry out the responsibilities set forth in this Unfit Buildings
Ordinance.
[Added 3-2-2021 by Ord.
No. 2021-01]
a.
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the Borough 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.
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.
[Added 3-2-2021 by Ord.
No. 2021-01]
The 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 or the Borough; such conditions shall
be deemed to include the following (without limiting the generality
of the foregoing):
a.
Defects therein increasing the hazards of fire, accident, or other
calamities;
b.
Lack of adequate ventilation, light, or sanitary facilities;
c.
Dilapidation; disrepair, structural defects;
d.
Uncleanliness; failure to comply with the requirements of the building
code or the certificate of occupancy.
[Added 3-2-2021 by Ord.
No. 2021-01]
The amount of (x) 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 Unfit Buildings Ordinance
(including, for the avoidance of doubt, any proceeding taken under
the Unfit Buildings Statute) determined in favor of the Borough, and
(y) 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. If the
building is removed or demolished by the 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 Borough 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. If the total of the credits exceed 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.
[Added 3-2-2021 by Ord.
No. 2021-01]
Complaints and orders issued under this Unfit Buildings Ordinance
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 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 Borough, or, in the absence of such newspaper, in
one printed and published in the county and circulating in the Borough.
A copy of such complaint or order shall be posted in a conspicuous
place on the 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 Clerk of Sussex County.
[Added 3-2-2021 by Ord.
No. 2021-01]
The public officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this Unfit Buildings Ordinance (including,
for the avoidance of doubt, the purposes and provisions of the Unfit
Buildings Statute), including the following powers in addition to
others herein granted:
a.
To investigate the building conditions in the Borough 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 Unfit Buildings
Ordinance and/or the Unfit Buildings Statute; and
e.
To delegate any of his functions and powers under this Unfit Buildings
Ordinance and/or the Unfit Buildings Statute to such officers and
agents as he may designate.
[Added 3-2-2021 by Ord.
No. 2021-01]
Nothing in this Unfit Buildings Ordinance shall be construed
to impair or limit in any way the power of the Borough to define and
declare nuisances and to cause their removal or abatement, by summary
proceedings or otherwise, nor is anything in this Unfit Buildings
Ordinance intended to limit the authority of the enforcing agency
or construction official under the State Uniform Construction Code,
N.J.S.A. 52:27D-119 et seq., or any rules or regulations adopted thereunder.
[Added 3-2-2021 by Ord.
No. 2021-01]
a.
Any person convicted of a violation of any of the provisions of this
Unfit Buildings Ordinance by unlawfully removing any notice affixed
to any building or by refusing to vacate any building when lawfully
ordered to vacate same shall, upon conviction, be punishable by a
fine not exceeding $1,000 or imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof.
b.
The imposition of the fine or imprisonment for a violation of this
Unfit Buildings Ordinance shall not be construed as in any manner
affecting the enforcement of the other provisions of this Unfit Buildings
Ordinance.
[Added 3-2-2021 by Ord.
No. 2021-01]
If any provision of this Unfit Buildings Ordinance, or the application
thereof to any person or circumstances, is held invalid, the remainder
of this Unfit Buildings Ordinance and the application of such provision
to persons or circumstances, other than those to which it is held
invalid, shall not be affected thereby.
[Added 3-2-2021 by Ord.
No. 2021-01]
This Unfit Buildings Ordinance shall take effect immediately
upon its final passage and publication as required by law.
