[Adopted 6-17-1975 as Ord. No. 1005]
There exist in the Borough of Ridgefield buildings
which are unfit for human habitation, occupancy or use due to dilapidation
defects, which increase the hazards of fire, accidents or other calamities;
lack of ventilation, light or sanitation facilities; or due to other
conditions rendering such building or buildings, or parts thereof,
unsafe, unsanitary, dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents of the Borough.
The following terms, whenever used or referred
to in this Article, shall have the following respective meanings for
the purpose of this Article, unless a different meaning clearly appears
from the context:
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, including any outhouses, sheds and
appurtenances belonging thereto or usually adjoined therewith.
OWNER
The holder or holders of title in fee simple.
PARTY IN INTEREST
All individuals, associations or corporations who or which
have interest of record in a building and any person who is in actual
possession thereof.
The Building Inspector of the Borough of Ridgefield
be and he is hereby designated as the officer to exercise the powers
prescribed by the within Article, and he shall serve in such capacity
without any additional salary.
For the purpose of the within Article, the Building
Inspector may determine that a building is unfit for human habitation
if he finds that conditions exist in such building which are dangerous
to 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 Ridgefield. Such conditions may include the following, without
limiting the generality of the foregoing: defects therein which increase
the hazards of fire, accident or other calamities; lack of adequate
ventilation, light or sanitary facilities; dilapidation; disrepair;
structural defects or uncleanliness.
Pursuant to the provisions of N.J.S.A. 40:49-5.1,
the Borough of Ridgefield Housing Code of 1962 and the State Standard
Building Code, previously adopted by the Borough of Ridgefield, are
established as standards to be used as a guide in determining the
fitness of a building for human habitation, occupancy or use. A copy
of the Ridgefield Housing Code of 1962 and the State Standard Building
Code are annexed to this Article and three copies of the same have
been placed on file in the office of the Borough Clerk and are available
to all persons desiring to use and examine the same.
Whenever a petition is filed with the Building
Inspector by a public authority, as defined in N.J.S.A. 40:48-2.4,
or by at least five residents of the municipality charging that any
building is unfit for human habitation, as herein defined, or whenever
it appears to the Building Inspector (on his own motion) that any
building is unfit for human habitation, as herein defined, he shall,
if his preliminary investigation discloses a basis for such charge,
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
Inspector (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 time and place fixed in the complaints;
and that the rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Building Inspector.
If, after such notice and hearing, the Building
Inspector determines that the building under consideration is unfit
for human habitation, as herein defined, he shall state, in writing,
his findings of fact upon the owner thereof and parties in interest
in an order requiring:
A. 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 to have said building vacated and closed within the time set forth
in the order.
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 said building within
the time specified in the order, that the owner remove or demolish
said building within a reasonable time as specified in said order
of removal.
C. That, 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 Building Inspector may cause such building
to be repaired, altered or improved or to be vacated and closed. A
placard with the following words may be caused to be posted on the
main entrance of any building so closed by the Building Inspector:
"This building is unfit for human habitation or occupancy or use.
The use or occupation of this building is prohibited and unlawful."
D. That, if the owner fails to comply with an order to
remove or demolish the building, the Building Inspector may cause
such building to be removed or demolished or may contract for the
removal or demolition thereof after advertisement for and receipt
of a bid therefor.
E. That 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 Article
determined in favor of the municipality, and the cost 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 Building Inspector, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
thereof the proceeds of any sale of such materials or any sum derived
from any contract for the removal of 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 Building Inspector, 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 60 days from the date of the 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.
Complaints or orders issued by the Building
Inspector pursuant to this Article 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 said Building Inspector
in the exercise of reasonable diligence and said Building Inspector
shall make an affidavit to the 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 the County of Bergen and circulating in the Borough of Ridgefield.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order, and a copy
of such complaint or order shall be duly recorded or lodged for record
with the county recording officer of the county in which the building
is located.
The Building Inspector is hereby authorized
and empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this Article,
including the following, in addition to others herein granted:
A. To investigate the building conditions in the Borough
of Ridgefield in order to determine which buildings therein are unfit
for human habitation.
B. To administer oaths and affirmations, examine witnesses
and review evidence.
C. To enter upon premises for the purpose of making examination,
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
Article.
E. To delegate any of his functions and powers under
this Article to such officers and agents as he may designate.
Nothing in this Article shall be construed to
abrogate or impair the power of the Borough or any officer or department
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 Article shall be in addition and supplemental to the powers
conferred upon the Borough by any other law or ordinance. Whenever
a provision of this Article is found to be in conflict with a provision
of a zoning, building, fire, health or other law, ordinance or regulation
adopted pursuant thereto, the provisions or requirement which is more
restrictive or which establishes the highest standard shall apply.