The following terms shall have the following respective meanings for
the purposes of this chapter, unless a different meaning clearly appears from
the context:
BUILDING
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.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a buildings and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of any department
or branch of the borough government relating to health, fire, building regulations
or to other activities concerning buildings in the borough.
PUBLIC OFFICER
The officer, officers, board or body who are authorized by ordinance
to exercise the powers prescribed by such ordinance and by the provisions
of this chapter.
The Construction Official shall be the public officer to exercise the
powers prescribed by the provisions of this chapter.
Whenever a petition is filed with the public officer by a public authority
or by at least five (5) residents of the borough charging that any building
is unfit for human habitation or occupancy or use or whenever it appears to
the public officer, on his 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 in interest in such building, a complaint stating the
charges in that respect and containing a notice that:
A. A hearing will be held before the public officer or his
designated agent at a place therein fixed, not less than seven (7) days nor
more than thirty (30) days after the serving of the complaint;
B. 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
C. The rules of evidence prevailing in the courts shall
not be controlling in hearings before the public officer.
The public officer may determine that a building is unfit for human
habitation or occupancy or use if he finds that conditions exist in the 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. Such condition may include the following (without limiting
the generality of the foregoing):
A. Defects therein increasing the hazards of fire, accident
or other calamities.
B. Lack of adequate ventilation, light or sanitary facilities.
C. Dilapidation, disrepair or structural defects.
D. Uncleanliness and such other conditions as may render
the building unfit for human habitation or occupancy or use.
Complaints or orders issued by the public officer pursuant to this chapter
shall be served upon persons either personally or by certified mail; but if
the whereabouts of such person 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 in a newspaper
printed and published in the borough in which the buildings are located. A
copy of the complaint or order shall be posted in a conspicuous place on the
premises affected by the complaint or order. A copy of the complaint or order
shall be duly recorded or lodged for record with the County Clerk of the County
of Ocean.
The public officer in the discharge of his duties, and upon proper identification,
shall have authority to enter any building, structure or premises at a reasonable
hour after obtaining permission of the owner. If permission is denied and
the building official has reasonable grounds to believe that a violation of
this code or other codes or ordinances under the jurisdiction of the building
official may exist, he shall take such steps as may be necessary to obtain
a search warrant to assist him in the performance of his duties.
[Amended 6-1-1987 by Ord.
No. 1987-9]
Any person aggrieved by an order issued by the public officer under
the provisions of this chapter may, within thirty (30) days after the posting
and service of such order, bring an action for 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 exclusive, and no
person affected by an order of the public officer shall be entitled to recover
any damages for action taken pursuant hereto or because of noncompliance by
any person with any order of the public officer.
The public officer is hereby 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
or by law granted:
A. To investigate the building conditions in the borough
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 the premises for the purpose of making
examinations; provided, however, 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.
Nothing in this chapter shall be construed to abrogate or impair the
powers of the courts or any department of this borough to enforce any provisions
of its Charter or its ordinances or regulations, nor to prevent or punish
violations thereof; and the powers conferred by this chapter shall be in addition
and supplemental to the powers conferred by any other law.