[HISTORY: Adopted by the Board of Commissioners
(now City Council) of the City of Brigantine 1-19-1955 by Ord. No. 1-1955. Amendments noted where applicable.]
The City of Brigantine hereby declares and finds
that there exist in the municipality dwellings which are unfit for
human habitation due to dilapidation, defects increasing the hazards
of fire, accidents or other calamities, lack of ventilation, light
or sanitary facilities, or due to other conditions rendering such
dwellings unsafe or insanitary or dangerous or detrimental to the
health or safety or otherwise inimical to the welfare of the residents
of such municipality; and the City of Brigantine desires to exercise
the powers set forth in N.J.S.A. 40:48-1 et seq. in reference to the
same.
[Amended 10-17-2013 by Ord. No. 11-2013]
The City Manager shall have the authority to
appoint the public officer to exercise the powers prescribed in this
chapter, and, if necessary, shall have the power to designate additional
public officers. Nothing contained herein shall preclude the City
Manager from acting as the public officer if the City Manager chooses.
A.
Whenever a petition is filed with the public officer
by a public authority or by at least five residents of the City of
Brigantine charging that any dwelling is unfit for human habitation
or whenever it appears to the public officer, on his own motion, that
any dwelling is unfit for human habitation, 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 dwelling a 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 not less
than 10 days nor more than 30 days after the serving of said complaint.
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
the rules of evidence prevailing in the courts shall not be controlling
in hearings before the public officer.
B.
If, after such notice and hearing, the public officer
determines that the dwelling under consideration is unfit for human
habitation, 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 the parties in interest an order requiring the
repair and improvement of the building, including making the building
compliant with all applicable codes, within a specified time and stating
that, if the building is not so repaired and brought up to code within
such specified time, a hearing will occur seeking the demolition of
said building.
[Amended 12-2-2009 by Ord. No. 28-2009]
C.
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 dwelling, the public officer may cause such dwelling 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 any dwelling so closed
a placard with the following words: "This building is unfit for human
habitation; the use or occupation of this building for human habitation
is prohibited and unlawful." It shall be unlawful for any person to
own, have, keep, maintain or live in any building on which there has
been posted a placard as herein provided for or to remove or cause
the removal of any such posted placard.
D.
If the owner fails to comply with an order to remove
or demolish the dwelling, the public officer may cause such dwelling
to be removed or demolished.
E.
The amount of such cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition
shall be a municipal lien against the real property upon which such
cost was incurred. If the dwelling is removed or demolished by the
public officer, he shall sell the materials of such dwelling and shall
credit the proceeds of such sale against the cost of the removal or
demolition, and any balance remaining shall be deposited in New Jersey
Superior Court by the public officer, shall be secured in such manner
as may be directed by such Court and shall be disbursed according
to the order or judgment to the persons found to be entitled thereto
by final order or judgment of such Court; provided, however, that
nothing in this section shall be construed to impair or limit in any
way the power of the City of Brigantine to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise.
A.
Said public officer may determine that a building
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 occupant of neighboring dwellings
or other residents or the City of Brigantine. Without limiting the
generality of the foregoing, such conditions may include the following:
defects therein increasing the hazards of fire, accident or other
calamities, lack of adequate ventilation, light or sanitary facilities,
dilapidation, disrepair, structural defects or uncleanliness.
B.
It shall be unlawful for any person to have, keep
or maintain a dwelling that is unfit for human habitation or which
is dangerous or injurious to the health or safety of the occupants
of said dwelling or the occupants of neighboring dwellings or other
residents or people of or in the City of Brigantine, as specified
in this section.
Any complaint or complaints, order or orders
issued by said public officer pursuant to the provisions of this chapter
shall be served upon persons either personally or by registered mail,
but if the whereabouts of such person is unknown and the same cannot
be ascertained by the public officer in the exercise of reasonable
diligence, and the public officer 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 each week for two successive
weeks in a newspaper printed and published in the City of Brigantine,
or, in the absence of such newspaper, in one printed and published
in the County of Atlantic and circulating in the City of Brigantine.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order. A copy of
such complaint or order shall be duly recorded or lodged for record
with the Clerk of the County of Atlantic.
Said public officer is hereby authorized to
exercise such powers as may be necessary or convenient to carry out
and effectuate the purposes and provisions of this chapter, including
the following powers, in addition to the other powers herein granted:
A.
To investigate the dwelling conditions in the City
of Brigantine in order to determine which dwellings therein are unfit
for human habitation.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this chapter. The officer, agent and employee to whom the powers and functions of the public officer have been delegated is hereby authorized to exercise the powers contained in Subsections A, B and C.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
Any repair, alteration, improvement, removal
or demolition, as above provided, may be performed by the municipality,
through its proper officials or employees, or the municipality may
contract with any person to render such service on behalf of the municipality,
under its control and direction, and pursuant to specifications showing
in detail the service to be rendered and to rules and regulations
adopted by the governing body for the same, and upon ample security
for proper performance being given to the municipality. The procedure
to be followed in adopting any such contract shall be in accordance
with N.J.S.A. 40:48-5. The municipality may recover the cost thereof
from said owner by action at law, which action shall be in addition
to any other remedy provided for by this chapter and shall not make
void any lien upon real estate provided for by this chapter nor prevent
the imposition of any penalty imposed for violation of this chapter
or any ordinance of this municipality.
[Amended 12-28-1992 by Ord. No. 28-1992]
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of the City of Brigantine
to enforce any provisions of its Administrative Code,[1] ordinances or other regulations or statutes nor to prevent
or punish violations thereof; and the powers conferred by this chapter
shall be in addition and supplemental to the powers conferred by any
other ordinance of the City of Brigantine.
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:
Any building or structure, or part thereof, used and occupied
for human habitation or intended to be so used, and includes any outhouses,
and appurtenances belonging thereto or usually enjoyed therewith.
The Board of Commissioners of the City of Brigantine charged
with governing the municipality.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the City of Brigantine,
County of Atlantic or State of New Jersey, relating to health, fire
or building regulations or to other activities concerning dwellings
in the City of Brigantine.
The officer or officers who are authorized by this chapter
to exercise the powers prescribed by this chapter.
[Amended 12-28-1992 by Ord. No. 28-1992]
Any person violating any of the provisions of
this chapter declared to be unlawful shall, upon conviction in the
Municipal Court of Brigantine, be punished for each offense by a fine
not to exceed $1,000 or by imprisonment for any term not exceeding
90 days in the county jail or in any place provided by the municipality
for the detention of prisoners, or both. The Municipal Judge before
whom any person is convicted of violating this chapter shall have
the power to impose any fine or term of imprisonment not exceeding
the maximum fixed in this chapter.
