[HISTORY: Adopted by the City Council of the City of Cape May by Ord.
No. 559 (Sec. 10-3 of the 1997 Revised General Ordinances). Amendments
noted where applicable.]
Whenever a petition is filed with the Construction Official by a public
authority as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the City charging that any dwelling is unfit for human habitation as defined
in the housing code, or whenever it appears to the Construction Official on
his own motion that any dwelling is unfit for human habitation, he shall,
if his preliminary investigation discloses a basis for the charges, issue
and cause to be served upon the owner of, and parties in interest in, the
dwelling a complaint stating the charges in that respect and containing a
notice that a hearing will be held before the Construction Official at a place
therein fixed not less than 10 days nor more than 30 days after the serving
of the complaint; that the owner and parties in interest shall be given to
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 complaints; and that
the rules of evidence prevailing in courts of law or equity shall not be controlling
in hearings before the Construction Official.
If, after notice and hearing, as provided above, the Construction Official
determines that the dwelling under consideration is unfit for human habitation,
as defined in the housing code, he shall state in writing his findings of
fact in support of his 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, to vacate or to have the 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 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 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 Construction Official may cause the building to be repaired, altered or
improved, or to be vacated and closed. The Construction Official 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 Construction Official may cause the building
to be removed or demolished or may contract for the removal or demolition
after advertisement and receipt of bids.
C.
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 section determined in favor of the
City; and the cost of repairs, alterations or improvements, or vacating and
closing, or removal or demolition, if any, or the amounts of the balance thereof
remaining after deduction of the sum, if any, realized from the sale of materials
derived from the building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which the cost was
incurred.
D.
If the building is removed or demolished by the Construction
Official, he shall sell the materials of the building. There shall be credited
against the cost of removal or demolition the proceeds of any sale of the
materials or any sum derived from any contract for the removal or demolition
of the building, if there are no credits, or if the sum total of the costs
exceeds the total of credits, a detailed statement of the costs and the amount
due shall be filed with the Municipal Tax Collector or other custodian of
the records of tax liens, and a copy shall be forwarded to the owner by certified
mail. If the total of the credits exceeds such costs, the balance remaining
shall be deposited in the Superior Court by the Construction Official, and
shall be secured in a manner as may be directed by the 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 the court; provided that
nothing in this section shall be construed to impair or limit in any way the
power of the City 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 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 Construction Official pursuant to
this chapter shall be served upon persons, either personally or by certified
mail, but if the whereabouts of the persons are unknown and the same cannot
be ascertained by the Building Inspector in the exercise of reasonable diligence,
and the Construction Official shall make an affidavit to that effect, then
the serving of the complaint or order upon the persons may be made by publishing
the complaint once each week for two successive weeks in a newspaper having
circulation in the City. A copy of the 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 County Recording Officer.
The Construction Official shall exercise any 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 City 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 a manner as to cause the least
possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of the officers, agents
and employees as he deems necessary to carry out the purpose of this chapter.
E.
To delegate any of his functions and powers under this
chapter to any officers and agents as he may designate.
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 the New Jersey State Housing Code
established as the standard to be used in determining whether a dwelling is
safe, sanitary and fit for human habitation.[1]
