[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 3-11-2003
by Ord. No. 03-06. Amendments noted where applicable.]
A.
It is hereby found and declared that the existence or
occupation of any building or buildings, or parts thereof, in the Borough
of Hillsdale which are so old, dilapidated or have become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation,
or occupancy, or use, are inimical to the welfare and dangerous and injurious
to the health and safety of the people of the Borough, and that a public necessity
exists for the repair, closing or demolition of such building or buildings,
or parts thereof. Whenever there exists in the Borough any building or buildings
which are unfit for human habitation or occupancy or use, power is hereby
invoked by the Borough to exercise its police powers to repair, close or demolish,
or cause or require the repairing, closing or demolition of such building
or buildings, or parts thereof, in the manner herein provided.
B.
Any building or buildings, or parts thereof, which have
come into a state of disrepair through neglect, lack of maintenance or use,
fire, accident or other calamities, or through any other act rendering the
building or buildings, or parts thereof, in a state of disrepair, to the extent
that the building is unfit for human habitation or occupancy or use, shall
be deemed inimical to the welfare of the residents of the Borough.
C.
A public officer appointed pursuant to this chapter may
exercise his powers to repair, demolish or cause the repairing or demolition
of the building or buildings, or parts thereof, pursuant to the provisions
of this chapter.
The following terms, whenever used or referred to in this chapter, shall
have the following meanings:
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 Council of the Borough of Hillsdale.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any officer who is in charge of any department of the Borough relating
to health, fire, building regulations or to other activities concerning buildings
in the Borough.
The officer, officers, board or body who is or are authorized by
the Borough to exercise the powers prescribed by this chapter.
A.
The governing body hereby appoints the Construction Code
Official as the public officer for the purpose of exercising the powers granted
that individual by this chapter.
B.
Whenever a petition is filed with the public officer
by a public authority or by at least five residents of the Borough charging
that any building is unfit for human habitation or occupancy or use, or whenever
it appears to the public officer (on his or her 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.
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 the 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 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
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 said building within the time
specified in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in 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
worth: “This building is unfit for human habitation or occupancy or
use; the use or occupancy 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 buildings to be
removed or demolished or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
F.
The following costs are recoverable by the Borough:
(1)
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 act determined in favor of the Borough; and
(2)
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.
G.
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 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 or tax liens and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total of the credits
exceed 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. 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 or the accuracy
of the costs set forth in the municipal lien certificate.
H.
If any actual and immediate danger to life is posed by
the threatened 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.
I.
Nothing in this chapter shall be construed to impair
or limit in any way the power of the Borough to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or otherwise,
nor is anything in this chapter intended to limit the authority of the Construction
Official under the State Uniform Construction Code Act, P.L. 175, c. 217 (N.J.S.A.
52:27D-119 et seq.) or any rules or regulations adopted thereunder.
A.
The public officer, to finance the costs of accomplishing
the purpose of this chapter, shall have the power to accept gifts or grants
from private or public agencies.
B.
All funds received pursuant to Subsection A of this section shall be placed in a separate municipal fund designated as the “Emergency Demolition Fund” to be used solely for demolition-related activities. The public officer shall have the sole discretion in determining which funds will be accepted and the time and manner of all expenditures necessary to carry out the purposes of this chapter.
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
or the Borough. Such condition shall be deemed to 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;
uncleanliness; failure to comply with the requirements of the building code[1] or the certificate of occupancy.
Complaints or orders issued by a public officer 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 same once in a newspaper printed and
published in the Borough or, in the absence of such newspaper, in one printed
and published in the county and circulating in the Borough of Hillsdale. A
copy of such complaint or order shall be posted in a conspicuous place on
the premises affected by the complaint or order. A copy of such complaint
or order shall be duly recorded or lodged for recording with the county recording
officer of the office of the Bergen County Clerk.
A.
The public officer is hereby authorized to exercise such
powers as may be necessary or convenient to carry out and effectuate the purposes
of this chapter, including the following powers in addition to others herein
granted:
(1)
To investigate the building conditions in the Borough
in order to determine which buildings therein are unfit for human habitation
or occupancy or use;
(2)
To administer oaths, affirmations, examine witnesses
and receive evidence;
(3)
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
(4)
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
(5)
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
B.
Any action taken using local property tax revenues of
the Borough shall be taken only after advertisement for, and receipt of, bids
pursuant to the Local Public Contracts Law, P.L. 1971, C. 198 (N.J.S.A. 40A:11-1
et seq.), unless the action is necessary to prevent imminent danger to life,
limb or property.
The governing body shall, as soon as possible following adoption of
this chapter, prepare an estimate of the annual expenses or cost to provide
the equipment, personnel and supplies necessary for periodic examinations
and investigations of the buildings in the Borough for the purpose of determining
the fitness of such buildings for human habitation or occupancy or use, and
for the enforcement and administration of this chapter. The municipality is
authorized to make such appropriations from its revenues as it may deem necessary
for this purpose and may accept and apply for grants or donations to assist
it in carrying out the provisions of this chapter.
