It is hereby found and declared that the existence or occupation of
any building or buildings, or parts thereof, in the Borough 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 or use are inimical to
the welfare and dangerous and injurious to the health and safety of the people
of this Borough, and that a public necessity exists for the repair, closing
or demolition of such building or buildings, or part thereof. Whenever the
Borough finds that there exists in such municipality any building or buildings
which are unfit for human habitation or occupancy or use, due to dilapidation,
defects increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitation facilities, or due to other conditions
rendering such building or buildings, or part thereof, unsafe or unsanitary,
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of said municipality, power is hereby conferred
upon such municipality to exercise its police powers to repair, close or demolish,
or cause or require the repairing, closing or demolition of such building
or buildings, or part thereof, in the manner herein provided.
Any building or buildings, or parts thereof, which have been damaged
to such an extent that nothing remains but the walls, or parts of the walls
and other supports, shall, regardless of the safety and sturdiness of those
remaining walls or parts thereof, be deemed inimical to the welfare of the
residents of the municipality wherein it is located, and the Borough may exercise
its police powers to repair, demolish, or cause the repairing or demolishing
of the building or buildings, or parts thereof, pursuant to P.L. 1942, c.
112 (N.J.S.A. 40:48-2.3 et seq.), and the procedures set forth therein.
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes of this chapter, unless
a different meaning clearly appears from the context:
BUILDING
Any building or structure, or part thereof, whether used for human
habitation or otherwise, and includes any outhouses, and appurtenances belonging
thereto or usually enjoyed therewith.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of any department
or branch of the government of the municipality, county or state relating
to health, fire, building regulations, or to other activities concerning buildings
in the municipality.
PUBLIC OFFICER
The officer, officers, board or body who is or are authorized to
exercise the powers prescribed by such ordinances and by P.L. 1942, c. 112
(N.J.S.A. 40:48-2.3 et seq.). Notwithstanding any other provision of law to
the contrary, nothing shall prevent the Mayor and Council from designating
more than one public officer for different purposes as provided by law.
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the Borough charging that any building is
unfit for human habitation or occupancy or use or whenever it appears to the
public officer (on his own motion) that any building is unfit for human habitation
or occupancy or use, the public officer shall, if his preliminary investigation
discloses the basis for such charges, issue and cause to be served upon the
owner of and parties in interest in building a complaint, stating the charges
in that respect, containing a notice that a hearing will be held before the
public, 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 a
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 the court shall not be controlling in
hearings before the public officer.
If, after such notice and hearing, the public officer determines that
the building under consideration is unfit for human habitation or occupancy
or use, 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:
A. Requiring the repair, alteration or improvement of said
building be made by the owner within a reasonable time, which time shall be
set forth in the order by the option of the owner to vacate or 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.
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 public
officer may cause such building to be repaired, altered or improved or to
be vacated and closed; the public officer may cause to be posted on the main
entrance of the main 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."
If an actual and immediate danger to life is posed by the threat of
collapse of any fire-damaged or other structurally unsafe building, the public
officer may, after taking such measures as may be necessary to make such building
temporarily safe, seek a judgment in summary proceedings for the demolition
thereof.
Nothing in this chapter shall be construed to impair or limit in any
way the power of the municipality to define and declare nuisances and to cause
their removal and abatement by summary proceedings, or otherwise, nor is anything
in this chapter intended to limit the authority of the enforcing agency or
Construction Official under the State Uniform Construction Code, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted thereunder.
For purposes of this chapter, the public official shall be the Construction
Official.