[R.O. 1966 C.S. § 15:9-1; Ord.
6 S+FK, 10-7-1987; Ord. 6PSF-F, 6-15-2016]
a. The Director of the Department of Engineering is hereby given the
authority to exercise the powers prescribed by this chapter, and is
hereinafter referred to in this chapter as the Public Officer.
b. The Public Officer may determine any building or dwelling unfit for
human habitation or occupancy or use, by reason of its being so infested
with disease, or by reason of its being in a condition dangerous to
health or life, or to be likely to cause sickness among the occupants,
or by reason of its being so decayed, unsanitary, unsafe or vermin-infested,
that it creates a serious hazard to the health or safety of the occupants
or the public, or by reason of lack of safe illumination, ventilation
or sanitation facilities adequate to protect the health or safety
of the occupants or the public, or to be likely to increase the risk
of fire, dilapidation, destruction, accidents, or other calamities.
Now, therefore, be it ordained by the Municipal Council of the
City of Newark, New Jersey, that:
Section 1. That Title 18, Section
18:11-1 entitled "Buildings Unfit for Human Habitation" of the Revised General Ordinances of the City of Newark, New Jersey, be and the same is hereby amended to read in its entirety as follows:
[R.O. 1966 C.S. § 15:9-2]
a. That whenever a petition is filed with the Public Officer by a public
authority or by at least five residents of the City of Newark charging
that any building is unfit for human habitation or occupancy or use
whenever it appears to the Public Officer (on his/her own motion)
that any building is unfit for human habitation or occupancy or use,
the Public Officer shall if his/her 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/her designated agent) at
a place therein fixed not less than seven days nor more than 30 days
after the serving of the complaint; that the owner and parties in
interest shall be given the right to file and 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. That 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/she shall state in writing his/her 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 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 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 building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
c. That, 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; that 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. That, 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. That the amount of:
1. 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 section determined in favor of the City
of Newark, and
2. 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/she 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 Municipal 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 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.
[R.O. 1966 C.S. § 15:9-3]
a. 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.
b. Nothing in this chapter shall be construed to impair or limit in
any way the power of the City of Newark to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this section intended to limit the authority
of the enforcing agency or construction official under the "State
Uniform Construction Code Act," P.L. 1975, c.217 (C.52:27D-119 et
seq.) or any rules or regulations adopted thereunder.
[R.O. 1966 C.S. § 15:9-4]
When the Public Officer finds that a building or dwelling is
unfit for human habitation within the meaning of this Housing Code
and notice thereof has been given to the owner and occupant as above
provided, no person shall thereafter, unless pursuant to a stay by
a court of competent jurisdiction, receive rentals, offer for rent,
or occupy or permit the occupancy of the building or dwelling for
human habitation until the Public Officer has found that the condition
causing the premises to be unfit for human habitation has been abated
or removed and that the premises are again fit for human habitation.
Upon the abatement or correction of the condition, the owner or occupant
may make written request to the Public Officer for a further inspection
and hearing. If the Public Officer shall find the conditions corrected
or abated he/she shall cause the removal of the signs prohibiting
occupancy and shall advise all interested persons that occupancy may
be resumed.
[R.O. 1966 C.S. § 15:9-5]
Complaints or orders issued by the Public Officer pursuant to
this chapter shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Public Officer in the exercise
of reasonable diligence, and the Public Officer 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 City of Newark, or, in the absence of such newspaper,
in one printed and published in the County and circulating in the
City of Newark. A copy of such complaint or order shall be posted
in a conspicuous place on 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 Recording Officer of the County in which
the building is located.
[R.O. 1966 C.S. § 15:9-6]
Any person aggrieved by an order issued by a Public Officer
under this chapter may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive and no person affected by an order of the Public Officer
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the Public Officer.