Whereas, there exists in this City many and numerous vacant
lots which present a threat to the health, safety and welfare of the
residents of the City due to the fact that they serve as dumping grounds
for garbage, debris, glass and other harmful substances.
Whereas, the lots are a source of danger to juveniles in the
area, a constant breeding ground for rodents and filled with objects
that endanger the safety of children who might wander onto them.
Whereas, there is urgent need for immediate action by the appropriate
authorized agencies for the elimination and reduction of such danger
with respect to the vacant lots whenever the same shall be brought
to their attention.
[R.O. 1966 C.S. § 14:13-1; Ord.
6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
The Director of the Department of Health and Community Wellness,
or such subordinate officials as may be designated to act in his/her
behalf, be and are hereby empowered to enter and to inspect each and
every vacant lot in this City which has been vacant for a period of
more than 30 days or any lot which becomes vacant as a result of demolition.
[R.O. 1966 C.S. 14:13-2; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
When any lot has been vacant for a period of 30 or more days
or becomes vacant as a result of demolition and the Director or his/her
designee certifies that the same constitutes a danger and a threat
to the health, welfare or safety of persons in the area, a complaint
shall be served upon the owner or parties in interest. The complaint
shall contain (a) description of premises, (b) notice that a hearing
will be held before the Director of the Department of Health and Community
Wellness or his/her designated agent at a time fixed not less than
10 days after serving the complaint. The notice shall state that the
parties in interest may file an answer no less than three days prior
to the scheduled hearing and may appear in person.
[R.O. 1966 C.S. 14:13-3; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
After notice and hearing, the Director of the Department of
Health and Community Wellness or his/her designee shall determine
if a vacant lot under consideration constitutes a danger and a threat
to the health, welfare or safety of persons in the area.
[R.O. 1966 C.S. § 14:13-4; Ord.
6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
a. If such positive determination is made the Director of the Department
of Health and Community Wellness or his/her designee shall within
15 days after the hearing state in writing his/her findings and support
his/her determination and within the 15 days issue and serve on all
parties in interest an order to protect and secure the lot against
intrusion, garbage dumping, unlawful entry or unlawful use or use
inimical to the public health, safety and/or welfare within 30 days
in the following manner:
1. The owner or owners shall have removed therefrom all filth, ashes,
rubbish, refuse, junk, slop, wood, paper or other materials which
are or may constitute a hazard to health or cause of accidents from
the lot.
2. The owner or owners shall protect the lot by constructing a fence
around the property. Specifications for the fence are:
(b)
Fencing material must be of galvanized metal.
(c)
Minimum two inch outside diameter galvanized pipe for all line
posts.
(d)
Minimum 2 1/2 inch, outside diameter for all terminal posts,
gates, ends, and corner posts.
(e)
All terminal posts must be set in concrete footings, at a minimum
of 30 inches in the ground.
(f)
All line posts must be driven minimum of 30 inches into the
ground.
(g)
Fencing material must be of minimum number nine gauge galvanized
wire with a two inch mesh; and
(h)
Coil spring minimum number seven gauge wire to provide proper
tension.
In no case should barbed wire, wood or similar materials dangerous
to children be used.
3. It shall be the continuing responsibility of the owner or owners
to so maintain the fence and protect the property as herein above
set forth so long as the same shall remain vacant.
[R.O. 1966 C.S. § 14:13-5; Ord.
6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
All complaints, notices, and orders issued by the Director of
the Department of Health and Community Wellness shall be served either
personally or by registered mail or if reasonable diligence is required
by (a) publishing the same once each week for two successive weeks
in a newspaper printed and distributed in the City, (b) posting the
notice on the premises in question.
[R.O. 1966 C.S. § 14:13-6; Ord.
6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
Upon the failure of the owner or owners to protect the lot within the period specified in Section
16:12-4, immediate notice shall be given by the Director of the Department of Health and Community Wellness to the Director of Engineering and upon receipt of such notice the Director of Engineering shall forthwith protect the property as hereinabove set forth.
[R.O. 1966 C.S. § 14:13-7]
The costs thereof shall be certified by the Director of Engineering
to the Department of Law for collection thereof from the owner or
owners in whatever manner allowable under the law, or in the alternative,
the cost thereof shall constitute a lien upon the property upon the
filing of a notice of lien with the Essex County registrar of deeds
and mortgages.