[HISTORY: Adopted by the Board of Commissioners (now Council) of
the Town (now Township) of Montclair 4-15-1980 by Ord.
No. 80-12 as Art. I of Ch. 98 of the 1979 Code. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
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.
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.
A.
The Mayor of the Township of Montclair hereby is designated
as the public officer authorized and empowered to exercise the powers prescribed
by this chapter.
B.
The Mayor hereby is 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 those granted elsewhere in this chapter:
(1)
To investigate the building conditions in the Township
of Montclair in order to determine which buildings are unfit for human habitation
or occupancy or use.
(2)
To enter upon premises for the purpose of making examinations
and inspections, provided that such entries shall be made in such manner as
to cause the least possible inconvenience to the persons in possession.
(3)
To administer oaths, affirmations, examine witnesses
and receive evidence.
(4)
To appoint and fix the duties of such officers, agents
and employees of the Township of Montclair as he or she deems necessary to
carry out the purposes of this chapter.
(5)
To delegate any of his or her functions and powers under
this chapter to such officers and agents as he or she may designate.
A.
Whenever a petition is filed with the Mayor by a public
authority or by at least five residents of the Township of Montclair, charging
that any building is unfit for human habitation or occupancy or use, or whenever
it appears to the Mayor (on his or her own motion) that any building is unfit
for human habitation or occupancy or use, the Mayor shall, if his or her preliminary
investigation discloses a basis for such charges, issue and cause to be served
upon the owner or parties in interest in such building a complaint stating
the charges in that respect and containing a notice that a hearing will be
held before the Mayor or a hearing arbiter, at a place therein fixed, not
less than seven days nor more than 30 days after the service of said complaint,
that the owner and parties in interest have the right to file an answer to
the complaint at or before the time fixed for the hearing and to appear in
person or otherwise and give testimony at such hearing, and that the rules
of evidence prevailing in the courts shall not be controlling at such hearing.
[Amended 5-23-2000 by Ord. No. 00-19]
B.
If the hearing is to be held before a hearing arbiter,
the Mayor shall inform the person named as hearing arbiter, and such hearing
shall be conducted by said hearing arbiter. If for any reason such hearing
arbiter shall be unable to conduct said hearing at the time and place set
forth in the notice, the hearing may be adjourned from time to time with the
consent of the Mayor and the owner and other parties in interest, or the Mayor
may himself or herself conduct the hearing or may designate another person
as hearing arbiter to conduct the hearing.
A.
After notice and hearing, the Mayor may determine that
a building is unfit for human habitation or occupancy or use if he or she
finds that conditions exist in such building which are dangerous or injurious
to the health or safety of the occupants of such building, the occupants of
neighboring buildings or other residents of the Township of Montclair. Such
conditions may include the following (without limiting the generality of the
foregoing):
B.
The Mayor or other hearing arbiter may request any public
authority, officer or employee of the Township of Montclair to make such investigations
and inspections of any building or buildings within the Township of Montclair
and to present evidence relating to the condition of such building at any
hearing held pursuant to the provisions of this chapter.
A.
Within 30 days after the conclusion of any hearing held
by a hearing arbiter other than the Mayor, the hearing arbiter shall prepare
a report containing his or her recommended conclusions and order and shall
file the original with the Mayor and forthwith submit a copy, either personally
or by mail, to such of the owner and parties in interest as appeared or to
their attorneys. Within 10 days after the delivery or mailing of the report,
any owner or party in interest to whom such report was transmitted may file
written exceptions and argument with the Mayor.
B.
The report of the hearing arbiter and the written exceptions
and argument, if any, shall be considered by the Mayor before making his or
her determination. Such report of the hearing arbiter shall not be binding
upon the Mayor, and the Mayor's determination may, in whole or in part,
adopt, modify or reject the report; provided, however, that if the Mayor shall
change the order recommended, he or she shall not do so without first affording
the owner and other parties in interest who have appeared at the hearing an
opportunity to present oral argument before the Mayor.
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.
A.
Placarding of unfit building.
(1)
If an 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 Mayor may cause such building to be repaired, altered or improved,
or to be vacated and closed; and the Mayor may cause to be posted on the main
entrance of any building so closed a placard with the words: "This building
is unfit for human habitation or occupancy or use; the use or occupancy of
this building is prohibited and unlawful."
(2)
Any building which has been so declared and placarded
as unfit for human habitation or occupancy or use shall be vacated forthwith,
and no person shall thereafter occupy or use, permit, suffer or allow the
occupancy or use of such building until such time as the building has been
declared fit for human habitation, occupancy and use by the Mayor, in writing.
The Mayor shall declare such building fit for human habitation, occupancy
and use upon proof that the repairs, alterations and improvements required
under the order have been made, and the placard shall thereupon be removed
forthwith.
(3)
No person shall deface or remove any such placard from
any building so declared unfit for human habitation except the Mayor or his
or her duly authorized agent.
B.
If the owner of any building fails to comply with an
order to remove or demolish the building, the Mayor 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 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 chapter determined in favor of the Township of Montclair,
and the 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 municipal lien against the real property upon which such
cost was incurred.
B.
If the building is removed or demolished by the Mayor,
he or she 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. 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 Tax Assessor
or other custodian of the records of tax liens of the Township of Montclair,
and a copy thereof shall be forwarded forthwith to the owner by registered
mail. If the total of the credits exceeds such costs, the balance remaining
shall be deposited in the Superior Court of New Jersey by the Mayor, 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. Any owner or party
in interest may, within 60 days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court of New Jersey to contest
the reasonableness of the amount or the accuracy of the costs set forth in
the municipal lien certificate.
A.
Complaints or orders issued by the Mayor pursuant to
the provisions of this chapter shall be served upon persons either personally
or by registered mail. If, however, the whereabouts of any person is unknown
and the same cannot be ascertained by the Mayor in the exercise of reasonable
diligence, and the Mayor shall make an affidavit to that effect, then the
serving of such complaint or order upon said person may be made by publishing
the same once each week two successive weeks in a newspaper printed or published
in the Township of Montclair or, in the absence of such newspaper, in a newspaper
printed and published in Essex County and circulated in the Township of Montclair.
B.
A copy of such complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order and
shall also be duly recorded or lodged for record with the recording officer
of the County of Essex.
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.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.8.
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.
