[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.
[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.