The definition of the terms used in this chapter shall be the same as
they appear in N.J.S.A. 40:48-2.4, as may be amended and therefore are:
BUILDING
Any building, or structure, of part thereof, whether used for human
habitation or otherwise, and includes any outhouse, 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 authorized by this chapter
to exercise the powers prescribed herein and by N.J.S.A. 40:48-3 et seq. The
public officer authorized to enforce this chapter and exercise the powers
herein is the Director of the Division of Housing and Inspections.
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the municipality charging that any building
is unfit for human habitation or occupancy or use or whenever it appears to
the public officer or any employee or agent of the Division of Housing and
Inspections (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 a basis for such charges, issue and cause to be served upon the
owner of and parties in interest in such building a notice/complaint stating
the charges in that respect and containing a notice that a hearing will be
held before the public officer (or his designated agent) at a place therein
fixed no 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 the courts shall not be controlling in hearings
before the public officer.
Any person aggrieved by an order issued by a public officer under this
chapter may, within 30 days after the posting and service of such order, bring
an action for injunctive relief to restrain the public officer from carrying
out the provisions of the order and for any other appropriate relief. The
court may proceed in the action in a summary manner or otherwise. The remedy
herein provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action taken
pursuant thereto, or because of noncompliance by any person with any order
of the public officer.
Whenever the City undertakes the removal or demolition of any building
or structure which is dangerous to human life or the public welfare or which
constitutes a fire hazard, the City may, in addition to assessing the cost
of such removal or demolition as a municipal lien against the premises, authorize
the institution of an action at law for the collection thereof in the Superior
Court.
Process and procedures for the administration of this chapter shall
be governed by the sections herein and the N.J.S.A. 40:48-2.3 and 40:48-2.12a
et seq., as amended.