[HISTORY: Adopted by the Mayor and Council of the Borough of Andover 7-13-1964.
Sections 45-4, 45-12, 45-13 and 45-16 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The following terms, when used in this chapter, shall have the following
respective meanings unless a different meaning appears from the context:
Any building or structure, or part thereof, whether used for human
habitation or otherwise and includes any outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
The Mayor and Council of the Borough of Andover.
The holder or holders of title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of any department
or branch of the government of the municipality, county or state relating
to health, fire, building regulation or to other activities concerning buildings
in the municipality.
The officer authorized by this chapter to exercise the powers herein
prescribed.
A public officer shall be appointed by the Mayor of Andover, with the
consent of the Borough Council, to exercise the powers prescribed by this
chapter.
The public officer may determine that a building is unfit for human
habitation or 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 Borough of Andover. Such conditions may include the following (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;
and uncleanliness.
Whenever a petition is filed with the public officer by a public authority
or by not less than five residents of the Borough of Andover charging that
any buildings are unfit for human habitation or occupancy or use, or whenever
it appears to the public officer (on his own motion) that any building is
unfit for human habitation or occupancy or use, the public officer shall,
if his preliminary investigation discloses a basis for such charges, issue
and cause to be served upon the owner of and parties of interest in such building
a complaint stating the charges in that respect and containing 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.
Complaints or orders issued by a public officer pursuant to this chapter
shall be served upon persons either personally or by registered mail, but
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 the public
officer 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 a newspaper printed and published in Sussex County
and circulated in the Borough of Andover. A copy of such complaint or order
shall be posted in a conspicuous place on the premises affected by the complaint
or order. A copy of such complaint or order shall also be duly recorded or
lodged for record with the County Clerk of Sussex County.
The owner and parties in interest shall 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 said complaint.
The rules of evidence prevailing in courts of law or equity shall not
be controlling in hearings before the public officer, except as may otherwise
be provided by law.
At the time and place stated in said complaint or at such time and place
to which said hearing shall be adjourned from time to time, the public officer
shall hold a hearing at which complainants, if any, and the owner and parties
in interest and witnesses shall be heard and at which the said public officer
shall publicly state the results of his investigation.
If, after such 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 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 said
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
said building vacated and closed within the time set forth in the order; and
B.
If the building is in such condition as to make it dangerous
to the health and safety of persons on or near said premises, and the owner
fails to repair, alter or improve said building within the time specified
in the order, then the owner shall be required to remove or demolish said
building within a reasonable time as specified in said order of removal.
If the owner fails to comply with an order so issued by the public officer
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 of any dwelling 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 public officer 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 therefor.
The cost of the filing of legal papers, expert witness fees, search
fees and advertising charges, incurred in the course of any proceeding taken
under this chapter determined in favor of the municipality, and such costs
of such repairs, alterations or improvements, or vacating and closing, or
removal or demolition, if any, or the amount of the balance thereof remaining
after deduction of the sum, if any, realized from the sale of materials derived
from such building or from any contract for removal or demolition thereof,
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. There shall be credited against
the cost of the removal or demolition thereof, including the clearance and,
if necessary, leveling of the site, the proceeds of any sale of such materials
or any sum derived from any contract for the removal or demolition of the
building. If there are no such credits or if the sum total of such costs exceeds
the total of such credits, a detailed statement of the aforesaid costs and
the amount so due shall be filed with the Municipal Tax Assessor or other
custodian of the records of tax liens and a copy thereof shall be forthwith
forwarded to the owner by registered mail. If the total of the credits exceeds
such costs, the balance remaining shall be deposited in the Superior Court
by the public officer, shall be secured in such manner as may be directed
by such court and 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, 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]. Any owner or party in interest may, within 30 days from the
date of 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.
Any person aggrieved by an order issued by a public officer under this
chapter may, within 30 days after the posting and service of such order, bring
an action for the injunctive relief to restrain the public officer from carrying
out the provisions of the order and for any other appropriate relief. The
court may proceed in the action in a summary manner or otherwise. The remedy
herein provided shall be entitled to recover any damages for action taken
pursuant thereto or because of noncompliance of any person with any order
of the public officer.
In addition to the powers in this chapter granted to the public officer,
he shall also have the following powers:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
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 purpose of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
The failure, neglect or refusal of any person to comply with any order
made by the public officer pursuant to the provisions hereof or the hindrance
by any person of the public officer in making any investigation under this
chapter shall constitute a violation of this chapter.
