The Construction Official of the Borough of
Cresskill is hereby designated as the Public Officer to exercise the
powers prescribed in this code. He may appoint or designate such other
public officials or employees of the Borough of Cresskill to perform
such of his functions and powers under this code as he deems necessary
for the enforcement of this code, including the making of inspections
and holding of hearings.
All premises within the Borough covered by this
code shall be subject to inspection from time to time by the Public
Officer to determine the condition thereof in order that he may perform
his duty of safeguarding the health and safety of the persons occupying
the same and of the general public. For the purpose of making such
inspections, the Public Officer is hereby authorized to enter, examine
and survey at all reasonable times all such premises; provided, however,
that such entries are made in such manner as to cause the least possible
inconvenience to the persons in possession. The owner, operator and
persons occupying the same shall give the Public Officer free access
to the same at all reasonable times for the purpose of such inspection.
Every person occupying such premises shall give the owner and operator
thereof access to that portion of the premises occupied by or in the
possession of such person at all reasonable times for the purpose
of making such repairs, alterations or corrections as are necessary
to effect compliance with the provisions of this code or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this code.
For the purposes of this code, the Public Officer may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or other residents of the Borough. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitation facilities; dilapidation; deterioration; disrepair; structural defects; uncleanliness; or failure to comply with the standards established by Article
IV of this code.
Whenever a petition is filed with the Public
Officer by the Public Authority (as defined in N.J.S.A. 40:48-2.4)
or by at least five residents of the Borough charging that any building
is unfit for human habitation or occupancy or use, or whenever it
appears to the Public Officer, on his own motion, that any building
is unfit for human habitation or 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 owner of and parties
in interest in such buildings 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 said
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 place and time fixed in the
complaint and that the rules of evidence prevailing in the courts
of the State of New Jersey shall not be controlling in hearings before
the Public Officer.
If, after the notice and hearing provided for in §
201-30, the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, 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 said buildings
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 to 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, that the owner remove or demolish
the building within a reasonable time as specified in said order of
removal.
If the owner fails to comply with an order requiring
him to repair, alter or improve or, at his option, 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 and 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."
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
thereof.
Whenever the Public Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order requiring that such action be taken as he determines necessary and apply the statutes and other provisions of this Part
1 to meet the emergency; and such order shall be effective immediately; and any person to whom such order is directed should comply immediately, but, upon petition to the Public Officer, shall be afforded a hearing as soon as possible. The provisions of this chapter to charge the costs and making them assessable as taxes shall apply to such emergencies.
The Public Officer shall, in the month of December
of each year, review with the Fire Chief, Health Officer, Borough
Engineer and Borough Counsel the procedure and operation of this code
and report to the Mayor and Council on or before January 1:
A. Any recommended amendments, additions or modifications
of the provisions of this code consonant with the field experience
of the personnel charged with enforcement.
B. A summary of the enforcement experiences, indicating
the number of violations abated, number of cases processed in the
Municipal Court, number of inspections made and such other and further
pertinent information as will provide the Mayor and Council with an
annual account of the maintenance of the standards required by this
code.
C. Any further recommendations as to how this code and
the procedures and operations thereunder may be improved.