[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 14, Art. 2, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms
shall have the meanings indicated:
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.
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, the County
of Passaic or State of New Jersey, relating to health, fire, building
regulations or to other activities concerning dwellings in the City.
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.
A.
If, after the notice and hearing, the public officer
determines that the building under consideration is unfit for human
habitation or occupancy or use, he shall state, in writing, his findings
of fact in support of such determination. He shall then issue and
cause to be served, upon the owner thereof and parties in interest,
an order. The order shall require the repair, alteration or improvement
of said building to be made by the owner, within a reasonable time,
which time shall be set forth in the order, and it shall give the
option to the owner to vacate or have said building vacated and closed
within the time set forth in the order.
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 said building within the time specified in the order described in Subsection A hereof, then the owner shall be required by a further order to remove or demolish said building within a reasonable time as specified in said order of removal.
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.
A.
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 building, the public officer may cause such building to be repaired,
altered or improved or to be vacated and closed. The public officer
may cause to be posted on the main entrance to any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
B.
If the owner fails to comply with an order to remove
or demolish the building, the public officer may cause such building
to be removed or demolished.
A.
The amount of the cost of filing of legal papers,
expert witnesses' fees, search and advertising charges in the course
of any proceeding taken under this article determined in favor of
the City and such repairs, alterations or improvements or vacating
and closing or removal or demolition, as the case may be, shall be
a municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished by the public officer,
he shall sell the materials of such building. The proceeds of any
sale of such materials or any sum derived from any contract for the
removal or demolition of the building shall be credited against the
cost of the removal or demolition thereof, including the clearance
and, if necessary, leveling of the site. If there are no such credits
or if the total sum of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and the amount so due
shall be filed as a lien certificate with the Tax Assessor and a copy
thereof shall be sent forthwith to the owner by registered mail.
B.
If the total of the credits exceeds such costs, the
balance remaining shall be deposited by the public officer in the
Superior Court of New Jersey and shall be secured in such manner as
may be directed by such court. The proceeds shall be disbursed according
to the order or judgment of such court to the persons found entitled
thereto by final order or judgment of the court. Any owner or party
in interest may, within 30 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 lien certificate.
C.
In addition to assessing the costs of removal or demolition
as a lien against the premises, the Council may, by resolution, enforce
the payment of such assessment, together with interest, as a debt
of the owner of the premises and authorize the institution of an action
at law for the collection thereof in the Superior Court or County
District Court.
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:
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.
