[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 5-13-64 as Ord. No. 160. Sections 63-1 and 63-2A, B and F amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 98.
The following terms, whenever used or referred to in this chapter, 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.
PUBLIC AUTHORITY
Any officer in charge of any department of the borough or of the county or state relating to health, fire, building regulations or to other activities concerning buildings in the Borough of Brooklawn.
PUBLIC OFFICER
The Construction Code Official of the borough, the officer designated to exercise the powers prescribed herein.[1]
[1]
Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.
A. 
The public officer hereby designated to exercise the powers prescribed by this chapter shall be the Construction Code Official.[1]
[1]
Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.
B. 
Whenever a petition is filed with the public officer by a public authority or by at least five residents of the municipality charging that any building is 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 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 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 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 public officer.[2]
[2]
Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.
C. 
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:
(1) 
Requiring the repair, alteration or improvement of the 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 the said building vacated and closed within the time set forth in the order; and
(2) 
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 said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.
D. 
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 public officer may cause such building to be repaired, altered or improved, or to be vacated and closed, and the public officer 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.”
E. 
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.
F. 
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 determined in favor of the municipality, and such 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 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 exceed 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 the filing 'of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount of the accuracy of the costs set forth in the municipal lien certificate.[3]
[3]
Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.
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 Brooklawn as a whole. 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.
The public officer shall have the following powers in addition to others herein granted:
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 entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
D. 
To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.