[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:
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 holder or holders of the title in fee simple.
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.
The Construction Code Official of the borough, the officer designated
to exercise the powers prescribed herein.[1]
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]
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]
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.
