[1]
Editor's Note: The preamble to the source ordinance (June
19, 1968) for this section reads as follows:
Whereas, it has been found and declared that there exist in
the City of Newark multiple dwellings which are, or may become vacant
and abandoned due to dilapidation and defects, increasing the hazards
of fire, accidents or other calamities rendering such premises unsafe,
dangerous or detrimental to the health and safety or otherwise inimical
to the welfare of the residents of the City of Newark; and
Whereas, such vacant and abandoned buildings creates blighting
conditions and slum areas; and
Whereas, such conditions should be curtailed and removed for
neighborhood enhancement and protection and fostering the public health,
safety and welfare.
[Ord. 6 S+FC, 12-16-1992 § 1]
As used in this chapter:
Shall mean any condition known at public law or in equity
or as provided by the Statutes of New Jersey (N.J.S.A. 40:55C-3).
Shall mean all buildings or structure where any or all of
the following occurred:
Constant vandalism requiring the property to be secured repeatedly;
Owner failed to secure and protect the building and the City
of Newark required to do same to protect the health and welfare of
the community;
The property attracts squatters, trespassers and/or other persons
engaged in illegal activity;
The property is subject to fires or defects increasing the hazards
of fire, accidents or other calamities; or
The property is a public nuisance as defined at law or in equity as provided by the statutes of the State of New Jersey or Section 18:12-2.
[Ord. 6 S+FC, 12-16-1992 § 1; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Engineering of the City of
Newark is hereby designated as a Public Officer to exercise the powers
prescribed in this chapter. He/she may appoint or designate such other
public officials or employees of the City to perform such duties as
may be necessary for the enforcement of this section including the
making of inspections and holding hearings.
[Ord. 6 S+FC, 12-16-1992 § 1]
For the purpose of this chapter, the Public Officer may determine
that a building or the surrounding property or vacant land, as herein
described, is injurious to the health and safety of the occupants
thereof, or of neighboring buildings of other residents of the City;
such conditions may include, but without limiting the generality of
the foregoing, dilapidation, disrepair, uncleanliness; or conditions
deleterious to the well-being of the general public with reference
to property not properly maintained as required by the Housing Code
of the City of Newark.
[Ord. 6 S+FC, 12-16-1992 § 1]
Whenever a petition is filed with the Public Officer by a public
authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the City or it appears to the Public Officer on his/her own motion
that any building is in a state of dilapidation, or disrepair, the
Public Officer shall, if his/her preliminary investigation discloses
the above, issue and cause to be served upon the owner of the premises
in question a complaint stating the charges and the basis therefor
and containing a notice that a hearing will be held. The owner shall
have a right to file an answer and appear in person or by counsel
and give testimony concerning the charges. The rules of evidence of
the State of New Jersey shall not be controlling in hearings before
the Public Officer.
[R.O. 1966 C.S. § 15:12-1; Ord.
6 S+FK, 9-20-1989; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Health and Community Wellness,
or the Director of the Department of Public Safety or the Director
of the Public Safety or the Director of the Department of Engineering
or such other subordinate official as each may designate to act in
his/her behalf in each department or division of the department be
and are hereby empowered to enter into and upon and to inspect each
and every industrial, residential or other type structure in this
City which is or has been vacant or unoccupied for a period of more
than five days.
[R.O. 1966 C.S. § 15:12-2; Ord.
6 S+FK, 9-20-1989 § 1; Ord. 6 S+FC, 12-16-1992 § 2, 3; Ord. 6 S+FE, 11-17-1997 § 1; Ord.
6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
Complaints, orders or certifications issued by the City pursuant
to this chapter shall be served upon owner or owners either personally
or by registered and regular mail simultaneously, but if the whereabouts
of such persons is unknown and the same cannot be ascertained by the
City official in the exercise of reasonable diligence, and the City
official shall make an affidavit to that effect, then the serving
of such complaint, order or certification upon such owner or owners
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 Essex County and circulating in the
City of Newark. A copy of such complaint, order or certification shall
be posted in a conspicuous place on premises affected by the complaint
order or certification. A copy of such complaint, order or certification
along with proof of service or proof of publication shall be duly
recorded or lodged for record with the Essex County Recording Officer.
When any building or structure whether residential, commercial,
industrial, or any other type, has been vacant and unoccupied for
a period of 15 or more days and the Director of the Department of
Public Safety, or the Director of the Department of Health and Community
Wellness, or the Director of the Department of Engineering or such
other subordinate official as each may designate to act in his/her
behalf in each department or division of the department certifies,
orders or complains that the same constitutes a danger and a threat
to the health, welfare or safety to the inhabitants or other persons
in the area, or to other buildings in the area, the owner or owners
of the premises shall within seven days of receipt of such certification,
order, or complaint, or such further period as the aforesaid official
shall grant, protect and secure the building or structure from fire,
vandalism, intrusion, unlawful entry or unlawful use in the following
manner:
a.
The owner or owners shall remove therefrom all debris and the premises
shall be broom-cleaned internally.
b.
The owner or owners shall secure and protect the building or structure
and have all doorways, entrances, windows or other openings into the
building or buildings whether such doorways, entrances or openings
shall be for persons, goods, merchandise, materials, fixtures, light
or air; fully and completely covered and protected on the outer surface
thereof with one-half-inch thick ply score or plywood in the case
of frame structures or with 10 gauge sheet metal in the case of brick,
concrete, concrete block or cinder block buildings.
c.
Upon failure of the owner or owners to so secure and protect the
building or buildings within the period specified in this section,
immediate notice shall be given by the Director of the Department
of Health and Community Wellness, or the Director of the Department
of Public Safety, or the Director of the Department of Engineering,
or their representatives, and upon receipt of such notice, the City
of Newark shall forthwith proceed to secure the same as hereinabove
set forth. Upon completion of such work by the appropriate directors,
the cost thereof shall be certified by the Department of Law for collection
thereof from the owner or owners.
d.
Any building that has been boarded for 90 days and is so damaged
to such an extent that nothing remains but the walls or parts of the
walls and supports or is otherwise found to be unsafe or unsanitary,
shall be considered a threat and danger to the health and welfare
of the community and shall be demolished.
e.
After the 90 days, described hereinabove, the owner or other person
in charge of the secured building shall submit a plan to the Director
of Engineering for purposes of rehabilitation of the secured building
in order to comply with all local and State Codes, ordinances and
statutes relating to the issuance of a certificate of occupancy or
in the alternative shall apply for a permit to demolish the building
with the Director of Engineering. All permits required for certificate
of occupancy pertaining to the plan shall be obtained within 150 days
of receipt of the notice described in this section.
f.
Any building consisting of four or more residential units shall be
subject to demolition if the building has been vacant and abandoned
for two years and constitutes a blighted condition as described in
this section.
g.
Any building consisting of four or more residential units shall be
subject to demolition if the building has been vacant for six months
and is determined to be unfit as defined herein.
[R.O. 1966 C.S. § 15:12-3]
It shall be unlawful for the owner or owners of any building or structure to permit the same to remain vacant and unoccupied after certification and failure to properly secure the same as provided in Section 18:13-1.9.
[R.O. 1966 C.S. § 15:12-4; Ord.
6 S+FK, 9-20-1989 § 1]
Failure of the owner or owners to so secure and protect the abandoned or uninhabited or vandalized or damaged, destroyed or unsafe structures after receipt of notice provided for in Section 18:13-1.9, shall be punished by a fine of not less than $100 but not to exceed $1,000 or by imprisonment for a term not to exceed 90 days or shall be ordered to participate in a program of community service for no more than 90 days or any and all of the above.
[R.O. 1966 C.S. § 15:12-4; Ord.
6 S+FK, 9-20-1989; Ord. 6 S+FC, 12-16-1992]
a.
If the owner or owners fail to obtain a permit to demolish the building
and to commence the demolition of the building, the Public Officer
may cause such building to be removed, demolished or impose other
appropriate action deemed necessary to remedy the condition.
b.
The amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges, incurred in the cost of
any proceeding taken as determined in favor of the City; and the cost
of any such repairs, alterations or improvements, or vacating and
closing, or removal or demolition, if any, undertaken shall be a municipal
lien against the real property upon which such cost was incurred or
a personal judgment against the property owner.
[R.O. 1966 C.S. § 15:12-5]
None of the above provisions shall in any way be construed to
relieve the owner or owners of any responsibility or liability imposed
by any pertinent sections of this Code, as amended and supplemented,
including but not limited to the following:
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Title VII
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State Uniform Construction Code
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Title XI
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Fire Prevention Code
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Title XV
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Solid Waste Management
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Title XVIII
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Housing Code
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