[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.
