As used in this article, the following terms
shall have the meanings indicated:
BUILDING
Any building or structure or part thereof, whether used and
occupied for human habitation or otherwise, and includes any outhouses,
and appurtenances belonging thereto or usually enjoyed therewith.
"Building" includes dwellings used and occupied for human habitation
or intended to be so used.
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, the County
of Passaic or State of New Jersey, relating to health, fire, building
regulations or to other activities concerning dwellings in the City.
PUBLIC OFFICER
The officer who is authorized by this article to exercise
the powers prescribed by this article.
The Director of the Division of Community Improvements
be and he is hereby designated as the public officer to exercise the
powers prescribed by this article and N.J.S.A. 40:48-2.3 et seq.,
providing for the creation of a public officer. Said public officer
may call upon any other department of the City for cooperation in
the exercise of his powers and duties.
Whenever a petition is filed with the public officer by a public authority or by at least five residents of the City charging that a building is unfit for human habitation or occupancy or use or whenever it appears to the public officer that any building is unfit for human habitation or occupancy or use, the public officer shall make a preliminary investigation. If the investigation discloses a basis for such charges, he shall issue and cause to be served, upon the owner and parties in interest of such building, a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint. The notice shall state that the owner and parties in interest have 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 that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer. The complaint shall be served in the manner provided in §
157-15.
Complaints, notices and orders issued by the
public officer pursuant to this article shall be served upon persons
either personally or by registered mail. If the whereabouts of such
persons is unknown and the same cannot be ascertained by the public
officer in the exercise of reasonable diligence and he shall make
an affidavit to that effect, then the serving of such complaint, notice
or order upon such persons may be made by publishing the same once
in a newspaper printed and published in the City. A copy of such complaint,
notice or order shall be posted in a conspicuous place on the premises
affected by the complaint, notice or order. A copy of such complaint,
notice or order shall be duly recorded or lodged for record with the
Register's office of Passaic County.
The public officer may determine that a building
is unfit for human habitation, occupancy or use if he 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 City. Such conditions may, among
others, include the following:
A. Defects therein increasing the hazards of fire, accident
or other calamities.
B. Lack of adequate ventilation, light or sanitary facilities.
No person shall have, keep or maintain a building
that is unfit for human habitation, occupancy or use or which is dangerous
or injurious to the health or safety of its occupants or to the occupants
of neighboring buildings or other residents of the City.
The public officer is hereby authorized to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purpose and provisions of this article in addition to the other
powers herein granted, including the powers to:
A. Investigate dwelling conditions in the City in order
to determine which dwellings therein are unfit for human habitation.
B. Administer oaths, affirmations, examine witnesses
and receive evidence.
C. 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. Appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this
article.
E. Delegate any of his functions and powers under this
article to such officers and agents as he may designate.
Any repair, alteration, improvement, removal
or demolition as herein provided may be performed by the City, through
its proper officers or employees, or the City may contract with any
person to render such service on behalf of the City, 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
Director of the Division of Community Improvements for the same and
upon ample security for proper performance being given to the City.
The procedure to be followed in entering into any such contract shall
be in accordance with N.J.S.A. 40:48-5. The City may recover the cost
thereof from the owner by civil action. Such action shall be in addition
to any other remedy provided for by this article and shall not make
void any lien upon real estate provided for by this article nor prevent
the imposition of any penalty imposed for violation of this article
or any ordinance of the City.
Nothing in this article shall be construed to
abrogate or impair the powers of any department of the City to enforce
any provisions of its charter or other statute or its ordinances or
regulations or to prevent or punish violations thereof. The powers
conferred by this article shall be in addition and supplemental to
the powers conferred by any other ordinance of the City.
Nothing in this article shall be construed to
impair or limit in any way the power of the City to define and declare
nuisances and to cause their removal or abatement by summary proceedings
or otherwise.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, by imprisonment for a term not exceeding 90 days
or by a period of community service for not more than 90 days, or
any combination thereof.