[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch.
20.
Housing standards — See Ch.
35.
It is hereby found and declared that the existence or occupation of
any building or buildings or parts thereof in the Borough of Lavallette which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy is
inimical to the welfare of the residents of said municipality and dangerous
and injurious to the health and safety of the people of this municipality
and that a public necessity exists for the repair, closing or demolition of
such building or buildings or parts thereof.
The words “governing body,” “public authority,”
“public officer,” “owner,” “parties in interest,”
and “building,” whenever used or referred to in this chapter,
shall have the meanings and be defined as set forth in N.J.S.A. 40:48-2.4.
No owner or parties in interest shall continue the existence, use or occupancy of any building or buildings or parts of buildings in violation of the findings and declarations of §
61-1 hereof.
The Construction Code Official is hereby designated as the public officer
authorized to exercise the powers set forth in this chapter.
Whenever a petition shall be filed with the Construction Code Official
by a public authority or by at least five residents of the municipality charging
that any building is unfit for human habitation or whenever it appears to
the Construction Code Official that any building is unfit for human habitation
or occupancy or use, such Construction Code Official shall, if a preliminary
investigation discloses a basis for such charges, issue and cause to be served
upon the owner of and parties in interest in such building a complaint stating
the charges in that respect and containing a notice that a hearing will be
held before the Construction Code Official or designated agent, at a place
therein fixed not less than seven 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 place and time 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 Construction Code Official.
If, after such notice and hearing, the Construction Code Official determines
that the building or buildings under consideration are unfit for human habitation
or occupancy or use, he/she shall state, in writing, the findings of fact
in support of such determination and shall issue and cause to be served upon
the owners thereof and parties in interest an order:
A. Requiring the repair, alteration or improvement of 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 and 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 said building, within the time
specified in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in 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 Construction Code Official may cause such building to be repaired, altered
or improved or to be vacated and closed; thereupon, the Construction Code
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 an actual and immediate danger to life is posed by
the threatened collapse of any fire-damaged or other structurally unsafe building,
the Construction Code Official may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment and summary proceedings
for the demolition thereof.
It shall be unlawful for any person to own, have, keep, maintain or
live in any building on which there has been posted a placard, as herein provided
for, or to remove or cause the removal of any such posted placard.
If the owner fails to comply with an order to remove or demolish the
dwelling, the Construction Code Official may cause such dwelling to be removed
or demolished or may contract for the removal or demolition thereof after
advertisement for the receipt of bids therefor.
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 proceedings
taken under this chapter, determined in favor of the municipality, and the
cost of such repairs, alterations or improvements, 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. If the building is removed or demolished by the Construction Code
Official, the materials of such building shall be sold. 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 Borough
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 Construction Code Official, 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; provided, however, that nothing in
this section shall be construed to impair or limit in any way the power of
the Borough of Lavallette 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 30 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.
The Construction Code Official may determine that a building is unfit
for human habitation or occupancy or use upon finding that conditions exist
in such building which are dangerous or injurious to the health or safety
of the occupants of such building, the occupants of the neighboring buildings
or other residents of the Borough of Lavallette. Without limiting the generality
of the foregoing, such conditions may include the following: defects therein
increasing the hazards of fire, accident or other calamities; lack of adequate
ventilation, light or sanitary facilities; dilapidation; disrepair, structural
defects or uncleanliness; or failure to comply with the building code or the
certificate of occupancy.
Any complaints or orders issued by the said Construction Code Official
pursuant to the provisions of 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 the Construction Code Official
in the exercise of reasonable diligence and the Construction Code Official
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 in a newspaper
printed and published in the Borough of Lavallette or, in the absence of such
newspaper, in one printed and published in Ocean County and circulating in
the Borough of Lavallette. 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 Clerk of the County of Ocean.
The Construction Code Official is hereby authorized 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 powers, in addition
to other powers herein granted:
A. To investigate the building conditions in the Borough
of Lavallette in order to determine which buildings therein are unfit for
human habitation or occupancy or use.
B. To administer oaths and affirmations, examine witnesses
and receive evidence.
C. To enter upon premises for the purpose of making examinations,
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 deemed necessary to carry out the purpose of this chapter.
E. To delegate any functions and powers under this chapter
to such officers and agents as may be designated.
Any action taken using revenues derived from the local property tax
shall be taken only after advertisement for and receipt of bids therefor,
unless the action is necessary to prevent imminent danger to life, limb or
property.
A. Any person violating or failing to comply with any other
provision of this article shall, upon conviction thereof, be punishable by
a fine of no less than $100 and no more than $1,000, by imprisonment not to
exceed 90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B. The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.