[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 12-16-1997 by Ord. No. 15-97.[1] Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Any building or structure or part thereof used and occupied for human
habitation or otherwise, and includes any accessory structure belonging thereto
or usually enjoyed therewith.
The public officers who are authorized by this chapter to exercise
the powers prescribed by this chapter.
The owner or owners in fee of the property or a lesser estate therein,
a mortgagee or vendee in possession, an assignee of rents, receiver, executor,
trustee, lessee or any other person, firm or corporation, directly or indirectly
in control of a building, structure or real property, and shall include any
subdivision thereof of the state.
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 Borough relating to health, fire, building
regulations or to other activities concerning buildings in the Borough.
A.
The building official may determine that a building is unfit or unsafe for human habitation or occupancy or use in accordance with N.J.A.C. 5:23-2.32 and/or Subsection B of this section.
B.
For the purposes of this chapter, a building shall be
considered unfit or unsafe for human habitation or occupancy or use when it
has any one or all of the following defects:
(1)
Foundation elements insufficient to adequately support
the building at all points.
(2)
Foundations containing holes, cracks, loose bricks, stones
or mortar and otherwise in a condition of deterioration so as to not exclude
vermin and water.
(3)
Interior walls or other vertical structural members which
list, lean or buckle to such an extent that a plumb line passing through the
center of gravity falls outside of the middle third of its base.
(4)
Exclusive of the foundation, shows 33% or more of damage
or deterioration of the supporting member or members or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or covering.
(5)
Improperly distributed loads upon the floors or roofs
or in which the same are overloaded or which have insufficient strength to
be reasonably safe for the purpose used.
(6)
Damage by fire, wind, dilapidation or other causes so
as to have become dangerous to life, safety or the general health and welfare
of the occupants or the residents of the Borough.
(7)
Light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who live
or may live therein.
(8)
inadequate facilities for egress in case of fire, panic
or other calamity.
(9)
Parts thereof which are so attached that they may fall
and injure members of the public or property.
(10)
It exists in violation of any provision of the Building
code, Fire Prevention Code, Plumbing Code, Sanitary Code or other ordinance
of the Borough relating to construction and sanitary facilities.
(11)
It is vacant, unguarded or open at its doors or windows.
The Construction Official, upon advice from the appropriate subcode
official, 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 and the provisions of N.J.A.C. 5:23-2 et seq.
Whenever a petition is filed with the Construction Official or Zoning
Officer by a public authority or by at least two residents of the Borough
charging that any building is unfit for human habitation or occupancy or use,
or whenever it appears to the Construction Official, on his own motion, that
any building is unfit for human habitation or occupancy or use, the Construction
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 building a complaint stating the charges in that respect and containing
a notice that a hearing will be held before the building official, or his
designated agent, at a place therein fixed in accordance with N.J.A.C. 5:23-2.3
et seq.
If, after notice and hearing as provided in the preceding section, the
Construction Official determines that the building under consideration is
unfit for 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 a notice of unsafe structure
describing the building or structure deemed unsafe and specifying the required
repairs or improvements to be made to render the building safe and secure,
or requiring the unsafe building or structure to be vacated or demolished
within a stipulated time.
Complaints or orders issued by the Construction Official 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 name cannot
be ascertained by the building official in the exercise of reasonable diligence,
and the building 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 in a newspaper printed and published in the county and circulating
in the Borough. 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 Clerk of the
county. See also N.J.A.C. 5:23-2.32 et seq.
If the owner of the building or structure fails to remediate the structure
or building, the Construction Official shall seek compliance using the procedures
set forth in N.J,A.C. 5:23-2.32 et seq.
The amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of any proceeding
taken under this chapter and by statute determined in favor of the Borough
and such cost of such repairs, alterations or improvements or vacating and
closing or removal or at 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 lien against the real property upon which such
cost was incurred.
Nothing in this chapter shall be construed to abrogate or impair the
powers of the courts or of any department of the Borough to enforce any provisions
of this code or other ordinances or regulations nor to prevent or to punish
violations thereof. The powers conferred by this chapter shall be in addition
and supplemental to the powers conferred by any other law or ordinance.
