[1]
Editor's Note: The preamble to ordinance 6 S+FBB of 9-3-1980 reads as follows:
Whereas, the Legislature of the State of New Jersey enacted N.J.S.A. 40:48-1, which enables municipalities to adopt ordinances relating to the repair, closing and demolition of buildings unfit for human habitation or occupancy or use, and providing for the remedies and procedure in connection with actions taken under such ordinances; and
Whereas, the Governing Body of the City of Newark, adopted an ordinance on January 4, 1961, R.O. 15:9-1 et seq. (Recodified as R.O. 18:11-1.1 et seq.), to address the problem of unfit buildings and structures within the City of Newark; and
Whereas, on March 21, 1979 the New Jersey State Legislature amended and revised N.J.S.A. 40:48-1 by giving municipalities greater authority to address the problems of unfit buildings and structures within the municipality; and
Whereas, the Municipal Council of the City of Newark is desirous of incorporating these recent amendments into its present ordinance. R.O. 15:9-1 et seq. (R.O. 18:11-1.1 et seq.).
[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.