It is hereby designated that the Construction Code Officer of
the Borough of Dunellen shall be the public officer who shall exercise
the powers prescribed herein.
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the municipality 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. The complaint shall contain 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. 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. The rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
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, which may
direct the following:
A. 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
B. 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.
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."
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.
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.
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.
Nothing in this chapter shall be construed to impair or limit
in any way the power of the Borough of Dunellen to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise, nor is anything in this act intended to limit the authority
of the enforcing agency or construction official under the "State
Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119
et seq.) or any rules or regulations adopted thereunder.
Where consistent with the context in which used in this chapter,
words importing the singular shall include the plural; words importing
the plural shall include the singular; and words importing one gender
shall include all genders.