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.
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.