[HISTORY: Adopted by the City Council of the City of Pleasantville
6-7-1982 by Ord. No. 11-1982 as Ch. 83 of the 1982 Code. Amendments noted
where applicable.]
It is hereby found and declared that the existence and occupation of
dwellings in this municipality which are unfit for human habitation are inimical
to the welfare and dangerous and injurious to the health and safety of the
people of this municipality and that a public necessity exists for the repair,
closing or demolition of such dwellings and that such dwellings shall be repaired,
closed or demolished in the manner herein provided.
A Code Enforcement Official shall be appointed to exercise the powers
prescribed by this chapter, and the term of said office shall be for a term
of one year or until a successor shall be duly appointed.
The compensation of the Code Enforcement Official shall be as provided
annually by the Mayor and Common Council.
When a petition is filed with the Code Enforcement Official by a public
authority or at least five residents of this municipality, charging that any
dwelling is unfit for human habitation, or whenever it appears to the Code
Enforcement Official, on his own motion, that any dwelling is unfit for human
habitation, the Code Enforcement Official 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 Code Enforcement Official, 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; 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 place and time fixed in the complaint; and that
the rules of evidence prevailing in courts of law or equity shall not be controlling
in hearings before the Code Enforcement Official.
If, after such notice and hearing, the Code Enforcement Official 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:
A.
If the repair, alteration or improvement of said dwelling
can be made at a reasonable cost in relation to the value of the dwelling
(which reasonable cost shall be not over 20% 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.
B.
If the repair, alteration or improvement of said dwelling
cannot be made at a reasonable cost in relation to the value of the dwelling
(reasonable cost shall not exceed 20% of the value of said dwelling), requiring
the owner (within the time specified in the order) to remove or demolish such
dwelling.
If an 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 Code
Enforcement Official may cause such dwelling to be repaired, altered or improved
or to be vacated or closed. The Code Enforcement Official 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."
If the owner fails to comply with an order to remove or demolish the
dwelling, the Code Enforcement Official may cause such dwelling to be removed
or demolished.
The amount of such cost of such repairs, alterations or improvements,
the cost of filing legal papers, expert witness fees, search fees and advertising
costs 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 Code Enforcement Official, he shall sell the
materials of such dwelling, if marketable, and shall credit the proceeds of
such sale against the cost of removal or demolition, and any balance remaining
shall be deposited in the Superior Court by the Code Enforcement Official,
shall be secured in such manner as may be directed by such Court and shall
be disbursed by such Court to the persons found to be entitled thereto by
final order or decree of such court; provided, however, that nothing in this
section shall be construed to impair or limit in any way the power of the
municipality to define and declare nuisances and to cause their removal or
abatement by summary proceedings or otherwise.
The Code Enforcement Official may determine that a dwelling is unfit
for human habitation if he finds that the following 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 buildings or other
residents of this municipality (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident or other calamities;
lack of adequate ventilation, light or sanitary facilities; dilapidation;
disrepair; structural defects; uncleanliness; failure to comply with the requirements
of the Building Code or the certificate of occupancy.
Complaints or orders issued by the Code Enforcement Official pursuant
to this chapter shall be served upon persons, either personally or by registered
mail, but if the whereabouts of such persons are unknown and the same cannot
be ascertained by the Code Enforcement Official in the exercise of reasonable
diligence and the Code Enforcement Official 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
the newspaper used for publication of legal notices by the City of Pleasantville.
A copy of such complaint or order shall be posted in a conspicuous place on
premises affected by the complaint or order. A copy of such complaint or order
shall be duly recorded or lodged for record with the county recording officer.
The Code Enforcement Official is 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 others herein granted:
A.
To investigate the dwelling conditions in this municipality
in order to determine which dwellings are unfit for human habitation.
B.
To administer oaths, 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 purposes of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
[Added 5-19-1986 by Ord.
No. 13-1986]
Notwithstanding any other remedy provided by this chapter, any person
who violates the provisions of this chapter shall, upon conviction, be subject
to a fine of not less than $100 nor more than $1,000, imprisonment for a term
not exceeding 90 days and/or a period of community service not exceeding 90
days.
