[HISTORY: Adopted by the City Council of
the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 9, Art. VII, of the 1968
Code. Amendments noted where applicable.]
Whenever a petition is filed with the Public
Officer by a public authority or by at least five residents of the
City, 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 at his office in the
City Hall on a date therein fixed, which shall be not less than seven
nor more than 30 days after service of the complaint and notice.
In making a determination of whether a building
is unfit for human habitation or use, the Public Officer shall determine
whether, by reason of violations of this chapter existing in the building
or on the premises, the continued occupancy of the building will endanger
and jeopardize the health and safety of the occupants or persons in
the vicinity of the premises, and to that end he may consider, among
other factors:
A.
Whether the premises are so structurally defective
that there is a risk of collapse or of loose materials falling and
injuring persons in and around the building.
B.
Whether, by reason of inadequate ventilation, there
is a danger of communicable diseases being contracted and spread in
and among the occupants or persons in the vicinity of the premises.
C.
Whether, by reason of infestation or defective condition
of plumbing or the lack of maintenance of halls, floors, walls or
other parts of the premises, conditions exist which are conducive
to the contracting and spreading of diseases.
D.
Whether, by reason of electrical wiring, conduits
or equipment, heating or cooking facilities or lack of proper means
of egress, there is a danger of fire or, in the case of fire, inadequate
means of egress.
E.
Whether the premises are deficient in one or more
essential utilities, including public sewer, water supply or electricity.
F.
Where the premises were not designed or constructed
for human habitation, whether, by reason of the same, occupancy constitutes
an unnecessary hazard to safety or health.
The owner and parties in interest may file with
the Public Officer a written answer to the complaint prior to the
date of the hearing or may appear in person or otherwise and give
testimony at the hearing, or both. The rules of evidence prevailing
in the courts shall not be controlling in hearings before the Public
Officer.
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 requiring the repair, alteration or improvement of such building
to be made by the owner within a reasonable time as specified in the
order, or, at the option of the owner, to vacate or have such building
vacated and closed within the time set forth in the order, and all
doors to the exterior shall be locked and the first story or basement
and cellar windows barred or boarded to prevent entry. The order may
also prohibit occupants from paying, and the owner and operator from
receiving, rent or other compensation for use and occupancy from and
after the date on which such building or premises is ordered vacated
or demolished. 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 such building within
the time specified in the order, then the owner shall be required
to remove or demolish such building within a reasonable time as specified
in such order.
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. 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." If the owner fails to comply with an order to repair, alter or improve, or, at the option of the owner, 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. Where the owner, operator, occupant or any party in interest fails to comply with any order hereunder or removes any notice posted pursuant hereto or any lock or bar without the permission of the Public Officer, he shall be deemed in violation of this chapter and subject to the penalties provided in § 113-10. Upon failure to comply with any such order, the premises shall constitute a public nuisance, and the Public Officer may take such further action under the criminal or civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate the nuisance.
A.
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 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.
B.
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
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 exceeds the
total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Director of Property
Taxation, 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 person found to be entitled thereto by final order
or judgment of such Court.
Where the Public Officer makes a preliminary finding that conditions on the premises constitute an immediate and substantial threat to the safety or health of occupants or persons in proximity to the premises, he may order and direct that the premises be vacated immediately and that signs or notice be posted prohibiting occupancy thereof and that the premises be locked and boarded up as provided in § 113-5 pending the institution of proceedings under this chapter.
Complaints or orders issued by the Public Officer
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 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 one of the officially
designated newspapers. In addition, a copy of such complaint or order
shall be posted in a conspicuous place on premises affected by the
complaint or order and shall be duly recorded or lodged for record
with the Essex County Register, pursuant to N.J.S.A. 40:48-2.7.
Any person aggrieved by an order issued by the
Public Officer under this chapter may, within 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 thereto or because of noncompliance by any person with
any order of the Public Officer.
[Added 11-10-1980 by Ord. No. 15-1980[1]]
Any person or persons violating the provisions
of this chapter, shall, upon conviction thereof, be subject to a fine
not to exceed $2,000, imprisonment for a term not to exceed 90 days,
and/or 90 days of community service.
If an actual and immediate danger to life is posed by the threat
of collapse of any fire-damaged or other structurally unsafe building,
the Public Officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
Nothing in this chapter 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 and abatement by summary proceedings or
otherwise, nor is anything in this chapter intended to limit the authority
of the enforcing agency or the Construction Official under the State
Uniform Construction Code, N.J.S.A. 52:27D-119 et seq., or any rules
or regulations adopted thereunder.
