The Mayor is designated to exercise the powers prescribed by this chapter.
Whenever a petition is filed with the Mayor by a public authority or
by at least five residents of the borough charging that any building is unfit
for human habitation, occupancy or use, or whenever it appears to the Mayor
on his own motion that any building is unfit for human habitation, occupancy
or use, the Mayor 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 will be held before the Mayor, or his
designated agent, at a place therein fixed not less than 10 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 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 Mayor.
If, after such notice and hearing, the Mayor determines that the building
under consideration is unfit for human habitation, occupancy or use, 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. Requiring the repair, alteration or improvement of the
building to be made by the owner, within a reasonable time, which time shall
be set forth in the order or at the option of the owner to vacate or have
the building vacated and closed within the time set forth in the order; and
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, then the owner shall be required to 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 Mayor
may cause such building to be repaired, altered or improved, or to be vacated
and closed. The Mayor 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 Mayor may cause such building to be removed or demolished, or
may contract for the removal or demolition thereof after advertisement for
and receipt of bids.
The Mayor may determine that a building is unfit for human habitation,
occupancy or use if he finds that conditions exist which are dangerous or
injurious to the health or safety of the occupants of the building, the occupants
of neighboring buildings or other residents of the borough. Such conditions
may include, without limitation thereto, defects increasing the hazards of
fire, accident or other calamities; lack of adequate ventilation, light or
sanitary facilities; dilapidation; disrepair, structural defects and uncleanliness.
This chapter is enacted under the authority of N.J.S.A. 40:48-2.3 to
40:48-2.6 and N.J.S.A. 40:88-1.