[Ord. No. 2013-17; Ord. No. 2015-46]
It is hereby found that there exist in the municipality buildings
that are unfit for human habitation or occupancy due to dilapidation,
defects increasing the hazards of fire, accidents or other calamities,
lack of ventilation, light or sanitation facilities, or due to other
conditions rendering such buildings, or parts thereof, unsafe and
unsanitary, or dangerous or detrimental to the health or safety or
otherwise inimical to the welfare of the residents of the municipality.
It is hereby declared that this article is in the exercise of the
police powers of the municipality to repair, close, demolish, or cause
or require the repairing, closing or demolition of, such buildings
or parts thereof, in the manner herein provided.
[Ord. No. 2013-17; Ord. No. 2015-46]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A building or structure, or part thereof containing one or
more dwelling units. Owner. The holder of the title in fee simple.
All individuals, association and corporations who have interests
of record in a building, and any who are in actual possession thereof.
The Housing Official of Princeton and such assistants as
the housing official shall designate in writing are hereby designated
as the officer to exercise the powers prescribed by this article and
by Revised Statutes sections 40:48-2.3 through 40:48-2.12.
[Ord. No. 2013-17; Ord. No. 2015-46]
The Housing Official is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this article, including the following powers
in addition to others herein granted.
(a)
To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation,
occupancy or use.
(b)
To administer oaths and affirmations, examine witnesses and receive
evidence.
(c)
To enter upon premises for the purposes of making examinations with
the consent of the owner, his designated agent or occupant thereof,
or failing that, pursuant to a properly issued search warrant in such
manner as to cause the least possible inconvenience to the persons
in possession.
(d)
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this article.
(e)
To delegate any of his functions and powers under this article to
such officers and agents as he may designate.
[Ord. No. 2013-17; Ord. No. 2015-46]
The public officer may determine that a building is unfit for
human habitation, occupancy or use upon a finding that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents of Princeton. Such conditions may include
defects therein increasing the hazards of fire, accident or other
calamity; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair; structural defects.
[Ord. No. 2013-17; Ord. No. 2015-46]
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, occupancy or use,
or whenever it appears to the public officer, on his own motion, that
any building is unfit for human habitation, 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 owners
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 designated agent, at a place
therein fixed, not less than 10 days nor more than 30 days after the
serving of such 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 notice. The rules of evidence prevailing in the courts shall
not be controlling in hearings before the public officer.
[Ord. No. 2013-17; Ord. No. 2015-46]
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation,
occupancy or use, he shall state in writing his findings of fact in
support of such determination including written statements from any
of the appropriate sub-code inspectors, the fire inspector and/or
housing inspector and shall issue and cause to be serviced upon the
owner thereof and parties in interest an order:
(a)
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, the vacation
and closing of the building 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 building within the times
specified in the order, requiring the owner to board up all openings
or remove or demolish the building within a reasonable time as specified
in such order of removal.
[Ord. No. 2013-17; Ord. No. 2015-46]
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, closed and boarded up, and
may order utilities disconnected in the latter case. 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."
[Ord. No. 2013-17; Ord. No. 2015-46]
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.
[Ord. No. 2013-17; Ord. No. 2015-46]
Any person aggrieved by an order issued by the public officer
under this article may, within 60 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 accordance with the statutes and rules in such case made and provided.
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.
[Ord. No. 2013-17; Ord. No. 2015-46]
The amount of 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 article determined in
favor of the municipality, and such cost of such repairs, alterations
or improvements, or vacating or closing, or removal or demolition,
if any, or the balance thereof remaining after the 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 shall sell the materials of such building. There shall
be credited against the cost of the removal or demolition thereof
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 not such credits or if the sum total of such costs and the amounts
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 credits
exceeds such cost, the balance remaining 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 of judgment of such court.
[Ord. No. 2013-17; Ord. No. 2015-46]
Complaints or orders issued by the public officer pursuant to
this article shall be served upon a person either personally or by
registered mail, but if whereabouts of such person is unknown and
the same cannot be ascertained by the public officer in the exercise
of due diligence, and the public officer shall make an affidavit to
that effect, serving of such complaint or order upon such person may
be made by publishing the same one each week for two successive weeks
in a newspaper printed and published in the municipality or, in the
absence of such newspaper, in one printed and published in the county
and circulating in the municipality. A copy of such complaint or order
shall be posted in a conspicuous place on the 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 Clerk.
[Ord. No. 2013-17; Ord. No. 2015-46]
If the owner of any building in the municipality shall neither
reside nor have a place of business in the municipality or within
a radius of 20 miles from the intersection of Nassau and Witherspoon
Streets within Princeton and in the State of New Jersey, such person
shall designate a person residing or having a place of business in
this municipality, or within a radius of 20 miles from the intersection
of Nassau and Witherspoon Streets within Princeton and in the State
of New Jersey, as the owner's agent for service of complaints, orders
and notices relating to such building and issued by the public officer
under this article. Such designation shall be in writing, signed by
the owner, and shall state the name, address and telephone number
of the local agent and include a signed acceptance by the agent. It
shall be filed with the public officer within 30 days after the provisions
of this section become applicable to such owner. Any change in designation
shall be made and filed in like manner, but until such change in designation
is filed with the public officer, the prior designation shall remain
in full force and effect.
Service of any complaint, order or notice in the manner prescribed
in this article upon an agent designated as provided in the section
shall have the same force and effect as if such service were made
upon the owner designating such agent.
[Ord. No. 2013-17; Ord. No. 2015-46]
Nothing in this article shall be construed to abrogate or impair
the power of the municipality or any officer or department thereof
to enforce any provisions of its ordinances or regulations or to prevent
or punish violations thereof, and the powers conferred by this article
shall be in addition and supplemental to the power conferred upon
the municipality by any other law or ordinance.
