[HISTORY: Adopted by the Common Council of the City of Egg Harbor
City 8-26-2004 by Ord. No. 14-2004. Amendments
noted where applicable.]
The City of Egg Harbor City 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 unsanitary 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 Egg Harbor City desires to exercise
the powers set forth in N.J.S.A. 40:48-1 et seq. in reference to the same.
The Administrator having charge of the Building Inspector be and he
is hereby designated as the public officer to exercise the powers prescribed
by this chapter.
A.
Whenever a petition is filed with the public officer
by a public authority or by at least five residents of the City of Egg Harbor
City 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 parties
in interest an order:
(1)
If the repair, alteration or improvement of said dwelling
can be made at a cost not to exceed 10% of the value of the dwelling, requiring
the owner to the extent and within the time specified in the order to repair,
alter or improve said dwelling to render it fit for human habitation or, at
the option of the owner, to vacate and close the dwelling as a human habitation;
or
(2)
If the repair, alteration or improvement of said dwelling
cannot be made at a cost not to exceed 10% of the value of the dwelling, requiring
the owner within the time specified in the order to remove or demolish said
dwelling.
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 Egg Harbor City 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 Egg Harbor City. 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 Egg Harbor City, 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 Egg Harbor City or, in
the absence of such newspaper, in one printed and published in the County
of Atlantic and circulating in the City of Egg Harbor City. 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
Egg Harbor City 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.
Nothing in this chapter shall be construed to abrogate or impair the
powers of any department of the City of Egg Harbor City to enforce any provisions
of its Administrative Code, 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 Egg Harbor City.
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 Egg Harbor City 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 Egg Harbor City, 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 Egg Harbor City.
The officer or officers who are authorized by this chapter to exercise
the powers prescribed by this chapter.
Any person violating any of the provisions of this chapter declared
to be unlawful shall, upon conviction in the Municipal Court of Egg Harbor
City, 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.
