As used in this chapter, the following terms shall have the meanings
indicated:
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.
HEARING ARBITER
Such member or members of the governing body of the Township of Montclair
(including the Mayor) as shall be designated by the Mayor of the Township
of Montclair as his or her agent to conduct the hearing or hearings on a specific
complaint filed pursuant to the provisions of this chapter.
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 Township of Montclair, the County of Essex
or the State of New Jersey relating to health, fire, building regulations
or to other activities concerning buildings in the Township of Montclair.
PUBLIC OFFICER
The officer who is authorized by this chapter to exercise the powers
hereinafter prescribed for him or her.
It is hereby found and declared that the existence or occupation of
any building or buildings or parts thereof in the Township of Montclair 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 is inimical to the welfare and dangerous and injurious to the health and
safety of the residents of the Township of Montclair, and that a public necessity
exists for the repair, closing or demolition of such building or buildings
or parts thereof.
If, after notice and hearing by the Mayor or after notice of hearing and report by a hearing arbiter other than the Mayor as set forth in §
108-5 hereof, the Mayor shall determine that the building under consideration is unfit for human habitation or occupancy or use, he or she shall state in writing his or her 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:
A. Requiring the repair, alteration or improvement of the
said 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 have the 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 the said building within the time
specified in the order, then the owner shall be required to remove or demolish
the said building within a reasonable time as specified in the said order
of removal.
This chapter shall not be construed to impair or limit in any way the
power of the Township to define and declare public nuisances and to cause
their removal or abatement, by summary proceedings or otherwise.
Any person affected by an order issued by the Mayor shall be entitled
to the remedies prescribed by Section 6 of Chapter 112 of the Laws of 1942,
as amended and supplemented.
The Township Council shall prepare an estimate of the annual expenses
or costs to provide the equipment, personnel and supplies necessary for periodic
examinations and investigations of buildings in , for the purpose of determining
the fitness of such buildings for human habitation or occupancy or use and
for the enforcement and administration of this chapter. The Council shall
make such appropriation from its revenues as it may deem necessary for the
purposes of this chapter. The Council may accept or apply grants or donations
to assist it in carrying out the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair the
powers of any department of the Township to enforce any provisions of its
Charter or its ordinances or regulations or to prevent or punish the violation
thereof.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.