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.
A.
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 code determined in favor of the Borough and the cost of any such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, undertaken pursuant to §§ 201-32 and 201-33 hereof, or the amount of the balance thereof remaining after 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.
B.
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 no such credits or if the sum total of such costs exceeds the
total of such credits, a detailed statement (herein called the municipal
lien certificate) of the aforesaid costs and the amount so due shall
be filed by the Public Officer with the Municipal Tax Collector of
the Borough, and a copy thereof shall be forthwith forwarded by the
Public Officer to the owner by registered mail. If the total of the
credits exceed such costs, the balance remaining shall be deposited
with the Clerk of the Superior Court by the Public Officer, shall
be secured in such manner as may be directed by such Court and shall
be disbursed according to the order of judgment of the Court to the
persons found to be entitled thereto by final order or judgment of
such court; provided, however, that nothing contained in this code
shall be constructed to limit or impair 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. Any owner or party
in interest may, within 60 days from the date of the filing of the
municipal 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.
A.
Who may apply. Where any owner, operator or occupant
is required to make repairs or otherwise improve his property and
is unable to comply with this code without having a right of access
to the premises through or across adjoining premises not owned by
him or under his control, and where right to access has been refused
such owner, operator or occupant required to make such repair or where
the owner or person empowered to grant such access cannot be found
or located, then, upon the filing of an affidavit by such owner, operator
or occupant with the Public Officer, setting forth the facts and applying
for a certificate of necessity, the Public Officer shall serve written
notice of a hearing on said application upon the applicant for such
certificate and upon the owner or person empowered to grant such access.
Said notice of hearing shall state the matters to be considered at
said hearing and shall be served in the manner prescribed for the
service of complaints and orders by N.J.S.A. 40:48-2.7, except that
the Public Officer shall not be required to record or lodge a copy
of such notice with the county recording officer of the County of
Bergen. At least 10 days' notice of such hearing shall be given where
the address of the owner or person empowered to grant such access
is known. If such address is unknown or cannot be ascertained by the
Public Officer in the exercise of reasonable diligence, at least 30
days' notice thereof shall be given, calculated from the date of the
first newspaper publication thereof.
B.
Hearing. On the day fixed for hearing, the Public
Officer shall provide opportunity for the owner or person empowered
to grant such access to state why such access should not be granted.
C.
Issuance of certificate; conditions. If the Public
Officer determines that such access is necessary to accomplish or
complete repairs or improvements necessary for compliance with this
code, then the Public Officer shall issue a certificate of necessity
granting and ordering access and setting forth therein the person
or persons to whom the certificate shall apply, such conditions as
shall be necessary to protect adjoining property, reasonable time
limits during which such certificate shall operate, precautions to
be taken to avoid damage and, where the Public Officer deems proper,
that a bond be procured at the expense of the person seeking such
access to secure such adjoining property owner against damage to person
or property arising out of such right of access. The amount set for
the bond shall take into consideration the extent, nature and duration
of the repairs and improvements, the proximity thereof to the premises
over which access has been sought and the potential risk of damage
thereto. Said bond, if required, shall be filed with the Public Officer.
D.
Refusal to comply with certificate. Any refusal to
comply with a certificate issued hereunder or any interference with
the purpose for which a certificate is issued shall be a violation
of this code, and, in addition to the penalties provided hereunder,
the Public Officer may, upon affidavit setting forth the facts, apply
to the Magistrate of the Borough for a warrant authorizing access
and, if the Magistrate is satisfied as to the matters set forth in
said affidavit, he shall authorize the issuance of a warrant permitting
access.
A.
Complaints, orders and certificates of necessity issued
by the Public Officer pursuant to this code shall be served and recorded
or lodged for record in the manner prescribed by N.J.S.A. 40:48-2.7.
B.
The Public Officer is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out the purposes and provisions of this code, including but not limited
to the following in addition to others herein granted: to administer
oaths, affirmations, examine witnesses and receive evidence and to
make and adopt such written rules and regulations as he may deem necessary,
and the Mayor and Council approves by resolution, for the proper enforcement
of the provisions of this code; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
code nor in any wise alter, amend, add to or supersede any of the
provisions hereof. The Public Officer shall file a certified copy
of all such rules and regulations in his office and in the office
of the Borough Clerk.
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.
