[HISTORY: Adopted by the City Council of the City of Garfield 6-24-2025 by Ord. No. 3079. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated below and found in N.J.S.A. 40:48-2.4:
BUILDING
Any building or structure or part thereof, whether used and occupied for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
OWNER
The holder of the title in fee simple.
PREMISES
The real property on which a building or structure is located.
PUBLIC OFFICER
The City Manager or a designee, Construction Code Official or a designee, Zone Code Official or a designee, City Engineer or a designee, Property Maintenance Official or designee and/or Chief of Police or designee.
Whenever a petition is filed with the public officer by a Public Authority or by at least five residents of the City charging that a building is unfit for human habitation or occupancy or use or whenever it appears to the Public Officer that any Building is unfit for human habitation or occupancy or use or is a fire risk, the Public Officer shall make a preliminary investigation. If the investigation discloses a basis for such charges, the Public Official shall issue and cause to be served, upon the Owner of such Building, a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before a Public Officer or a designated hearing officer at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint. The notice shall state that the Owner has 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 complaint, and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer. The complaint shall be served in the manner provided in § 241-4.
A. 
If, after the notice and hearing, the Public Officer or his/her designated hearing officer determines that the Building under consideration is unfit for human habitation or occupancy or use or presents a fire risk, the Public Officer shall state, in writing, his/her findings of fact in support of such determination. The Public Officer shall then issue and cause to be served, upon the Owner thereof, an order. The order shall require the repair, alteration or improvement of said Building to be made by the Owner, within a reasonable time, which time shall be set forth in the order, and it shall give the option to the Owner to vacate or have said Building vacated and closed within the time set forth in the order.
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 said building within the time specified in the order described in Subsection A hereof, then the Owner shall be required by an order of removal to remove or demolish said building within a reasonable time as specified in said order of removal.
C. 
The orders referred to in Subsections A and B of this section shall be served upon the owner and parties in interest in the manner provided in § 241-4.
Complaints, notices and orders issued by the Public Officer pursuant to this chapter shall be served upon persons either personally or by registered mail. If the whereabouts of the Owner cannot be ascertained in the exercise of reasonable diligence, the Public Officer shall make an affidavit to that effect, then the serving of such complaint, notice or order upon such persons may be made by publishing the same once in a newspaper printed and published in the City. A copy of such complaint, notice or order shall be posted in a conspicuous place on the Building located on the Premises affected by the complaint, notice or order. A copy of such complaint, notice or order shall be duly recorded or lodged of record with the Register's office of Bergen County.
A. 
If the Owner fails to comply with an order to repair, alter or improve or, to vacate and close the Building or to demolish the Building, the Public Officer may cause such Building to be repaired, altered or improved or to be vacated and closed and/or demolished. The Public Officer may cause to be posted on the main entrance to 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."
B. 
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 and/or demolished.
A. 
The amount of the cost of filing and serving of legal papers, expert witnesses' fees, engineering fees, search and advertising charges in the course of any proceeding taken under this chapter and such repairs, alterations or improvements or vacating and closing or removal or demolition, as the case may be, shall be a municipal lien against the real property upon which such cost was incurred. If the Building is removed or demolished by the order of the Public Officer, the Public Officer shall attempt if practicable to sell the materials of such Building. The proceeds of any possible sale of such materials or any sum derived from any contract for the removal or demolition of the Building shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site. If there are no such credits or if the total sum of such costs exceeds the total of such credits, a statement of the aforesaid costs and the amount shall be generated and maintained and filed as a lien certificate with the Tax Assessor and a copy thereof shall be sent forthwith to the Owner.
B. 
If the total of the credits exceeds such costs, the balance remaining shall be deposited by the public officer in the Superior Court of New Jersey and shall be secured in such manner as may be directed by such court.
C. 
In addition to assessing the costs of removal or demolition as a lien against the Premises, the Mayor and Council may, by resolution, enforce the payment of such assessment, together with interest, as a debt of the Owner of the Premises and authorize the institution of an action at law for the collection thereof in the Superior Court.
The Public Officer may determine that a Building is unfit for human habitation, occupancy or use if he/she finds 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 the City. Such conditions may, among others, include the following:
A. 
Defects therein increasing the hazards of fire, accident or other calamities.
B. 
Lack of adequate ventilation, light or sanitary facilities.
C. 
Dilapidation.
D. 
Disrepair.
E. 
Structural defects.
F. 
Uncleanliness.
No person shall have, keep or maintain a building that is unfit for human habitation, occupancy or use or which is dangerous or injurious to the health or safety of its occupants or to the occupants of neighboring buildings or other residents of the City.
The Public Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter in addition to the other powers herein granted, including the powers to:
A. 
Investigate without consent of the Owner the dwelling conditions in the City in order to determine which dwellings therein are unfit for human habitation including entering onto the Premises and into the Building(s) without the permission of the Owner.
B. 
Administer oaths, affirmations, examine witnesses and receive evidence.
C. 
Enter upon Premises for the purpose of making examinations without permission or consent of the Owner.
D. 
Appoint and fix the duties of such officers, agents and employees as he/she deems necessary to carry out the purpose of this chapter.
E. 
Delegate any of his functions and powers under this chapter to such officers and agents as he/she may designate.
Any repair, alteration, improvement, removal or demolition as herein provided may be performed by the City, through its proper officers or employees, or the City may contract with any person or entity to render such service on behalf of the City, under its control and direction. The procedure to be in accordance with N.J.S.A. 40:48-5. The City may recover the cost thereof from the owner by civil action. Such action shall be in addition to any other remedy provided for by this chapter and shall not make void any lien upon real estate provided for by this chapter nor prevent the imposition of any penalty imposed for violation of this chapter or any ordinance of the City.
Nothing in this chapter shall be construed to abrogate or impair the powers of any department of the City to enforce any provisions of its charter or other statute or its ordinances or regulations or to prevent or punish violations thereof. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other ordinance of the City.
Violations and penalties. Any property owner who is found to be in violation of the provisions of this chapter and has failed to conduct the required inspection or initiate and remediation as required by N.J.S.A. 52:27D-437.1 et seq., the property owner shall have 30 days to cure the violation. If a property owner fails to cure the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted, or remediation efforts have been initiated.