[Amended 10-13-1992 by Ord. No. 2375; 12-13-2000 by Ord. No. 2725]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the Uniform Construction Code 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 said code is annexed to this article, and three copies of the same have been placed on file in the Office of the Village Clerk and are available to all persons desiring to use and examine the same.
[Amended 10-13-1992 by Ord. No. 2375]
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 this article and the Uniform Construction Code and the BOCA National Property Maintenance Code, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
The Construction Code Official 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 article, including the following in addition to others herein granted:
A. 
To investigate the dwelling conditions in the Village in order to determine which dwellings therein are unfit for human habitation.
B. 
To administer oaths and affirmations, to examine witnesses and to 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.
For the purpose of this article, the Construction Code Official may determine that a dwelling is unfit for human habitation if he 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 Village; 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 sanitary facilities; dilapidation; disrepair as to constitute a blighting factor; structural defects; or uncleanliness.
The exterior of any building shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values. Failure to do so shall constitute a nuisance and shall be subject to the penalties outlined in this article.
[Amended 10-13-1992 by Ord. No. 2375]
Whenever a petition is filed with the Construction Code Official by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Village charging that any dwelling is unfit for human habitation or constitutes a blight factor, as herein defined, or whenever it appears to the Construction Code Official (on his own motion) that any dwelling is unfit for human habitation, as herein defined, or constitutes a blighting factor, he 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 dwelling a complaint stating the charges in that respect and containing a notice that a hearing which shall be open to the public will be held before the Construction Code Official or his designated agent at a place therein fixed not less than seven days nor more than 30 days after the serving of such 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 Construction Code Official.
If after such notice and hearing the Construction Code Official determines that the dwelling under consideration is unfit for human habitation, as herein defined, or constitutes a blighting factor, 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 such 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 such 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 such building within the time specified in the order, that the owner remove or demolish such building within a reasonable time as specified in such 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 and 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 the owner fails to comply with an order to remove or demolish the building, the Construction Code Official 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 article determined in favor of the Village 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 Village lien against the real property upon which such cost was incurred.
B. 
If the building is removed or demolished by the Construction Code Official, 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.
C. 
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 Village 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 exceed 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 to the persons found to be entitled thereto by final order or judgment of such Court, provided that nothing in this section shall be construed to impair or limit in any way the power of the Village to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
D. 
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 Village lien certificate.
[Amended 10-13-1992 by Ord. No. 2375]
[Amended 10-13-1992 by Ord. No. 2375]
Complaints or orders issued by the Construction Code Official pursuant to this article 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 Official, in the exercise of reasonable diligence and the 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 Village. 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.