[HISTORY: Adopted by the Borough Council of the Borough of Mountain
Lakes 6-23-1980 as Sec. 11-5 of the 1980 Code. Amendments noted where applicable.]
For the purpose of this chapter, the construction official may determine
that a dwelling is unfit for human habitation if conditions exist in such
dwelling which are dangerous or injurious to the health or safety of the occupants
of such dwelling, the occupants of neighboring dwellings or other residents
of the Borough. Such conditions may include, without limiting the generality
of the foregoing, defects therein increasing the hazards of fire, accidents
or other calamities, lack of adequate ventilation, light or sanitary facilities,
dilapidation, disrepair, structural defects or uncleanliness.
Whenever a petition is filed with the construction official by a public
authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the Borough, charging that any building is unfit for human habitation,
as herein defined, or is otherwise so old, dilapidated or has become so out
of repair as to be dangerous, unsafe or unsanitary, or whenever it appears
to the construction official on his own motion that any building is in such
condition, he 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 building a complaint stating the charges in that respect
and containing a notice that a hearing shall be held before the construction
official at a place therein fixed, not less than seven days nor more than
30 days after the serving of the complaint; that 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 time and place fixed
in the complaints; and that the rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the construction
official.
If, after notice and hearing, the construction official determines that
the building 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 requiring:
A.
The repair, alteration or improvement of the building
to be made by the owner within a reasonable time, which shall be set forth
in the order, or, at the option of the owner, to vacate or to have the 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 the building within the time specified
in the order, that the owner shall remove or demolish the building within
a reasonable time, as specified in the order of removal.
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 construction
official may cause such building to be repaired, altered or improved or to
be vacated and closed, and he may cause to be posted on the main entrance
of 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."
If the owner fails to comply with an order to remove or demolish the
building, the construction official may cause such building to be removed
or demolished.
The amount of such cost of such repairs, alterations or improvements,
or vacation and closing, or removal or demolition, shall be a lien against
the real property upon which such cost was incurred. A detailed statement
of the aforesaid costs shall be filed with the Borough Tax Collector, and
a copy of the detailed statement shall be forwarded to the owner by registered
mail. If the building is removed or demolished by order of the construction
official, he shall sell the materials of such building and shall credit the
proceeds of the sale against the cost of the removal or demolition, and any
balance remaining shall be deposited in the Superior Court by the construction
official and shall be secured in such a manner as may be directed by the Court.
It 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,
provided that nothing in this section shall be construed to impair or limit
in any way the power of the Borough to define and declare nuisances and to
cause their removal or abatement, by summary proceedings or otherwise. 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
to contest the reasonableness of the amount or the accuracy of the costs set
forth in the municipal lien certificate.
Complaints or orders issued by the construction official pursuant to
this chapter shall be served upon persons either personally or by certified
mail, but if the whereabouts of such persons is unknown and the same cannot
be ascertained by the construction official in the exercise of reasonable
diligence, and the construction official shall make an affidavit to that effect,
then the serving of the complaint or order upon such persons may be made by
publishing the same once a week for two successive weeks in a newspaper having
circulation in the Borough. A copy of such complaint or order shall be posted
in a conspicuous place on the premises affected by the complaint or order,
and a copy of such complaint or order shall be duly recorded or lodged for
record with the Borough Clerk.
The construction official is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the purpose
and provisions of this chapter, including the following powers:
A.
To investigate the building conditions in the Borough
in order to determine which buildings 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 a 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 or employee to whom the powers and functions of the construction
official have been delegated is hereby authorized to exercise the powers contained
herein.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
Whenever the construction official finds that an emergency exists which
requires immediate action to protect the public health or safety he may, without
notice or hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as the construction official deems
necessary to meet the emergency. Notwithstanding the other provisions of this
chapter, such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately but, upon petition to
the construction official, shall be afforded a hearing as soon as possible.
After such hearing, depending upon his findings as to whether the provisions
of this chapter and of the rules and regulation adopted pursuant thereto have
been complied with, the construction official shall continue such order in
effect or modify or revoke it.
Nothing in this chapter shall be construed to abrogate or impair the
power of the Borough, or any officer or department, to enforce any provisions
of its ordinances or regulations, or to prevent or punish violations thereof.
The powers conferred by this chapter shall be in addition and supplemental
to the powers conferred upon the Borough by any other law or ordinance.
