[HISTORY: Adopted by the Mayor and Council
of the Borough of Haddon Heights 7-11-1972 by Ord. No. 446 (Ch. 64 of the 1975 Code).
Amendments noted where applicable.]
The Secretary of the Board of Health is hereby
designated as the officer to exercise the powers prescribed by this
chapter, and she shall serve in such capacity without any additional
salary.
For the purpose of this chapter, the Secretary
of the Board of Health may determine that a dwelling is unfit for
human habitation if she finds that conditions exist in such dwelling
which are dangerous or injurious to the health or safety of the occupants
of such dwelling, the occupants of neighboring dwellings or other
residents of the Borough of Haddon Heights. Such conditions may include
the following (without limiting the generality of the foregoing):
[Amended 3-19-2019 by Ord. No. 1472]
Pursuant to the provisions of Chapter 21, P.L.
1946 (N.J.S.A. 40:49-5.1) as well as the regulations set forth in
N.J.A.C. 5:28-1.1, adopted pursuant to the New Jersey State Housing
Code as approved by the Departments of Health and Conservation and
Economic Development and filed in the Secretary of State's office
is hereby accepted, adopted and established as a standard to be used
as a guide in determining the fitness of a building for human habitation
or occupancy or use. A copy of the New Jersey State Housing Code and
the administrative regulations adopted pursuant thereto is annexed
to this chapter[1] and three copies of the same have been placed on file
in the office of the Borough Clerk and are available to all persons
desiring to use and examine the same.
[1]
Editor's Note: Said regulations are on file in Borough offices.
Whenever a petition is filed with the Secretary
of the Board of Health by a public authority as defined in N.J.S.A.
40:48-2.4, or by at least five residents of the municipality, charging
that any dwelling is unfit for human habitation as herein defined,
or whenever it appears to the Secretary of the Board of Health (on
her own motion) that any dwelling is unfit for human habitation as
herein defined, she shall, if her preliminary investigation discloses
a basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such dwelling a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Secretary of the Board of Health (or her designated
agent) at a place therein fixed not less than 10 days nor more than
30 days after the serving of said complaint; 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 fixed in the complaint; and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Secretary of the Board of Health.
If, after such notice and hearing, the Secretary
of the Board of Health determines that the dwelling under consideration
is unfit for human habitation as herein defined, she shall state in
writing her 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 said
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, to
vacate or to have said building vacated and closed 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 said building
within the time specified in the order, that the owner remove or demolish
the said building within a reasonable time as specified in the said
order of removal.
A.
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 Secretary of the Board of Health may cause such
building to be repaired, altered or improved or to be vacated and
closed. The Secretary of the Board of Health 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."
B.
If the owner fails to comply with an order to remove
or demolish the building, the Secretary of the Board of Health 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.
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 chapter determined
in favor of the municipality, and such cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition,
if any, 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 Secretary
of the Board of Health, she 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 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 Secretary of the Board of
Health, 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; provided, however, that nothing in this
section shall be construed to impair or limit in any way the power
of the municipality to define and declare nuisances and to cause their
removal or abatement, by summary proceedings or otherwise.
C.
Any owner or party in interest may, within 60 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.
Complaints or orders issued by the Secretary
of the Board of Health pursuant to this chapter shall be served upon
persons either personally or by registered mail, but if the whereabouts
of such persons is unknown and the same cannot be ascertained by said
Secretary of the Board of Health in the exercise of reasonable diligence,
and the said Secretary of the Board of Health shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
successive weeks in the official newspaper designated by 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 such complaint or order shall be duly recorded or lodged for record
with the county recording officer of the county in which the dwelling
is located.
The Secretary of the Board of Health is hereby
authorized and empowered to exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions
of this chapter, including the following in addition to others herein
granted:
A.
To investigate the dwelling conditions in the Borough
of Haddon Heights in order to determine which dwellings therein are
unfit for human habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
provided that such entries shall be made 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 she deems necessary to carry out the purposes of
this chapter.
E.
To delegate any of her functions and powers under
this chapter to such officers and agents as she may designate.
Nothing in this chapter shall be construed to
abrogate or impair the power of the Borough or any officer or department
to enforce any provisions of its charter or its ordinances or regulations
nor to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred upon the Borough by any other law or ordinance.
