[1991 Code § 121-32; Ord. No. 823]
It is hereby found that there exist in the Borough buildings
that are unfit for human habitation or occupancy, or use, 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 Borough.
It is hereby declared that this article is in the exercise of the
police powers of the municipality to repair, close or demolish, or
cause or require the repairing, closing or demolition of such building
or buildings, or parts thereof, in the manner herein provided.
[1991 Code § 121-33; Ord. No. 823]
As used in this article, the following terms shall have the
meanings indicated:
Any building or structure, or part thereof, used for human
habitation or otherwise, or intended to be so used, including any
outhouses and appurtenances belonging thereto or usually adjoined
therewith.
The Housing Inspector and such assistants as shall be designated
in writing.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interest
of record in a dwelling, and any who are in possession thereof.
Any authority having jurisdiction in the municipality or
any officer who is in charge of any department or branch of the government
of the Borough of the County or the State relating to health, fire
or building regulations, or to other activities concerning dwellings
in the Borough.
[1991 Code § 121-34; Ord. No. 823]
The Housing Inspector 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 granted herein:
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 purpose 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.
[1991 Code § 121-35; Ord. No. 823]
The Housing Inspector may determine that a building is unfit
for human habitation, occupancy or use if he finds that conditions
exist in such building which are dangerous and injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough. 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; and uncleanliness.
[1991 Code § 121-36; Ord. No. 823]
A petition may be filed with the Housing Inspector by a public authority or by at least five residents of the Borough charging that any dwelling is unfit for human habitation as defined in this article. The Housing Inspector shall then undertake a preliminary investigation of the dwelling which is the subject of the petition. The Housing Inspector may, on his own motion, conduct a preliminary investigation whenever it appears to the Housing Inspector that any dwelling is unfit for human habitation. The Housing Inspector shall issue and cause to be served upon the owner and parties in interest of such a dwelling, as defined in § 13-6-2, a complaint if the preliminary investigation discloses a basis for such charges. The complaint must state the charges and contain a notice that a hearing will be held before the Housing Inspector at a place identified in the complaint not less than seven days nor more than 30 days after the serving of the complaint, and that 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 time and place identified in the complaint. The rules of evidence prevailing in the courts need not control in hearings before the Housing Inspector.
[1991 Code § 121-37; Ord. No. 823]
If, after notice and hearing, the Housing Inspector determines
that the dwelling under consideration is unfit for human habitation,
he shall state, in writing, his 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 requiring:
A.
The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which shall be set forth in
the order, or, at the option of the owner, that the owner vacate or
have the building vacated and closed within the time set forth in
the order.
B.
If the building is in such 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, that the owner shall remove or demolish the building
within a reasonable time as specified in the order issued by the Housing
Inspector.
[1991 Code § 121-38; Ord. No. 823]
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 Housing Inspector may cause such building to be repaired,
altered or improved or to be vacated, closed and boarded up, and may
order utilities disconnected if the dwelling is to be vacated, closed
and boarded up. The Housing Inspector may post a placard on the main
entrance of any building with the following language: "This building
is unfit for human habitation or occupancy or use; the use or occupation
of this building is prohibited and unlawful."
[1991 Code § 121-39; Ord. No. 823]
If the owner fails to comply with an order to remove or demolish
the building, the Housing Inspector, with the approval of the Borough
Council, may cause such building to be removed or demolished or may
contract for the removal or demolition thereof after advertisement
and receipt of bids therefor.
[1991 Code § 121-40; Ord. No. 823]
Any building or buildings, or parts thereof, which have been
damaged to such an extent that nothing remains but the walls, or parts
of the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the municipality wherein it is
located, and the municipality may exercise its police powers to repair,
demolish, or cause the repairing or demolishing of the building or
buildings, or parts thereof, pursuant to P.L. 1942, (c. 112 C. 40:48-2.3
et seq.), and the procedures set forth therein.
[1991 Code § 121-41; Ord. No. 823]
A.
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 article shall be determined in favor of
the Borough.
(2)
The cost of repairs, alterations, improvements, vacating, closing,
boarding up, removal or demolition, if any, shall be a municipal lien
against the real property upon which such cost was incurred. If any
money is realized from the sale of materials derived from such building
or from any contract for removal or demolition thereof, the amount
of the money thus realized shall be deducted from the costs incurred
which shall be a municipal lien against the real property.
B.
If the building is removed or demolished by the Housing Inspector,
he shall sell the materials of such building. There shall be credited
against the cost of removal or demolition thereof, including the clearance
and, if necessary, levelling at 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 exceeds such
costs, the balance remaining shall be deposited in the Superior Court
by the Housing Inspector, 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 such 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.
C.
Nothing in this article shall be construed to impair or limit in
any way the power of the Borough to define and declare nuisances and
to cause their removal or abatement by summary proceedings or otherwise.
D.
Nothing in this article is intended to limit the authority of the
Construction Official under the "State Uniform Construction Code Act",
N.J.S. 52:27D-119 et seq. or any rules or regulations adopted thereunder.
[1991 Code § 121-42; Ord. No. 823]
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Housing Inspector 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.
[1991 Code § 121-43; Ord. No. 823]
Complaints or orders issued by the Housing Inspector pursuant
to this article shall be served upon any person either personally
or by certified mail, but if the whereabouts of such person is unknown
and the same cannot be ascertained by the Housing Inspector in the
exercise of reasonable diligence and the Housing Inspector makes an
affidavit to that effect, then the serving of the complaint or order
upon such person may be made by publishing the same once each week
for two successive weeks in a newspaper having circulation in the
Borough. A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order, and a copy
of the complaint or order shall be duly recorded or lodged for record
with the Mercer County Recording Officer.
[1991 Code § 121-44; Ord. No. 823]
No person shall occupy as owner or occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of this article,
which is established as the standard to be used in determining whether
a dwelling is safe, sanitary and fit for human habitation.
[1991 Code § 121-45; Ord. No. 823]
Any person aggrieved by an order issued by the Housing Inspector
under this article may, within 60 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Housing Inspector from carrying out the provisions of the order and
for any other appropriate relief. The remedy herein provided shall
be exclusive, and no person affected by an order of the Housing Inspector
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the Housing Inspector.
