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.
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:
DWELLING
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.
GOVERNING BODY
The Board of Commissioners of the City of Egg Harbor City charged
with governing the municipality.
OWNER
The holder of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
PUBLIC AUTHORITY
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.
PUBLIC OFFICER
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.