The Health Officer of the City of Rahway be
and he is hereby designated as the Supervisor of Rehabilitation to
exercise the powers prescribed herein and shall serve in such capacity
without any additional salary.
Whenever a petition is filed with the Supervisor
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 dwelling is unfit
for human habitation as herein defined, or whenever it appears to
the Supervisor (on his own motion) that any dwelling is unfit for
human habitation, as herein defined, he 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 dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Supervisor (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 Supervisor.
If, after such notice and hearing, the Supervisor determines that the dwelling under consideration is unfit for human habitation, as defined in § 257-3, 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:
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 Supervisor may cause such building to
be repaired, altered or improved or to be vacated and closed; that
the Supervisor 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."
D.
That, if the owner fails to comply with an order to
remove or demolish the building, the Supervisor 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.
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 chapter
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 Supervisor, 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 Municipal Tax Assessor
or other custodian of the records of tax liens, and a copy thereof
shall be forthwith forwarded to the owner by certified mail. If the
total of the credits exceed such costs, the balance remaining shall
be deposited in the Superior Court by the Supervisor, 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 Supervisor
pursuant to this chapter shall be served upon persons either personally
or by certified mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by said Supervisor in the exercise
of reasonable diligence, and said Supervisor 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 each week for two
successive weeks in a newspaper circulating in the City of Rahway.
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 dwelling
is located.
The Supervisor 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 chapter, including
the following in addition to others herein granted:
A.
To investigate the dwelling conditions in the City
of Rahway in order to determine which dwellings therein are unfit
for human habitation;
B.
To administer oaths, affirmations, examine witnesses
and receive 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
chapter; and
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
The Supervisor is hereby authorized and empowered
to make and adopt such written rules and regulations as he may deem
necessary for the proper enforcement of the provisions of this chapter;
provided, however, that such rules and regulations shall not be in
conflict with the provisions of this chapter, nor in anywise alter,
amend or supersede any of the provisions thereof. The Supervisor shall
file a certified copy of all rules and regulations which he may adopt
in his office and in the office of the Clerk of the City of Rahway.
No person shall occupy as owner, occupant or
rent to another for occupancy any dwelling or dwelling unit for any
purpose therein without first applying for and obtaining a certificate
of approval issued by the Supervisor.
A.
No building or structure shall be occupied or used
in whole or part unless and until a certificate of approval for continued
occupancy has been issued by the Supervisor of Rehabilitation of Dwellings.
The Supervisor of Rehabilitation of Dwellings shall not issue such
certificate unless he determines, after inspection, that there are
no violations of any applicable laws, ordinances or orders pending
at the time of issuing the certificate. The certificate shall be issued
upon written request from the owner or his authorized agent.
B.
A certificate of approval for continued occupancy
shall be applied for and obtained prior to the use or occupancy of
the whole or any part of any building undergoing a change in ownership;
undergoing a change of occupancy, except that this provision shall
not apply to a change in the occupancy of less than the whole number
of dwelling units contained within a building containing more than
one dwelling unit when the change of occupancy of such dwelling unit
or units occurs within 90 days of the issuance of a prior certificate
of approval for continued occupancy for such unit or units. Upon receiving
an application for a certificate of approval for continued occupancy,
the Supervisor of Rehabilitation of Dwellings or his authorized representative
shall make an inspection of the building or part thereof for which
the certificate is requested and shall forthwith issue the certificate
of approval for continued occupancy if the use and occupancy thereof
shall be in conformity with the Code of Rahway or other applicable
ordinances of the City and if the building is safe and does not constitute
a nuisance or hazard likely to result in injuries to persons or damages
to property; in case the Supervisor of Rehabilitation of Dwellings
shall decline to issue a certificate of approval for continued occupancy,
his reasons for doing so shall be stated to the applicant, and a written
statement thereof shall be transmitted to the applicant on request.
C.
A certificate of approval for continued occupancy
shall be issued to any person having a proprietary or tenancy interest
who shall be held responsible for any violations on the premises.
A record of all certificates shall be kept on file by the Supervisor
of Rehabilitation of Dwellings, and copies shall be furnished to any
person having a proprietary or tenancy interest in the building affected.
D.
Fee for certificate of approval for continued occupancy.
[Amended 12-12-2022 by Ord. No. O-52-22]
(1)
A fee of $100 shall be charged and paid to the City
for each original certificate of approval for continued occupancy
for private property, except that the fee for a certificate of approval
for a structure containing more than one habitable unit shall be $100
per unit and $1 for each copy thereof. If the property was built before
1978, the fee will be $125 per unit.
(2)
A fee of $200 shall be charged and paid to the City
for each original certificate of approval for continued occupancy
for commercial property with a $1 charge for each copy thereof.
E.
Temporary certificate of approval for continued occupancy.
If, in the opinion of the Supervisor of Rehabilitation of Dwellings,
a time period is required to conform with the requirements as set
forth in the inspection of said structure or dwelling, a temporary
certificate of approval for continued occupancy may be issued by the
Supervisor for a period of no less than 30 days nor more than 120
days. The fee shall be $100 per unit for private property and $200
per unit for commercial property.
[Amended 12-12-2022 by Ord. No. O-52-22]
F.
Any owner-occupant of a building, structure or premises, or any architect, builder, contractor, agent or other person employed in connection therewith, who violates this section or assists in the commission of such violation shall be subject to the penalty set forth in § 257-10.
G.
Alarm signaling device.
(1)
Every dwelling unit, prior to the issuance of a certificate
of occupancy or certificate of continued occupancy, shall have installed
therein and maintained thereafter an approved products of combustion
detection alarm system or device, except that any system or device
sensitive only to heat shall not be approved.
(2)
Alarm signaling devices shall be so located as to
be clearly audible in all areas utilized or designated for sleeping
purposes when all intervening doors are closed.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine not to exceed $2,000 (plus an administrative fee of $150) or
by imprisonment in the county jail for a period of not to exceed 90
days, or by both such fine and imprisonment; and each violation of
any of the provisions of this chapter and each day the same is violated
shall be deemed and taken to be a separate and distinct offense.
