[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 24-82 (Sec. 11-2 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in the Borough, 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 residents of the Borough, and that a
public necessity exists for the repair, closing or demolition of such
building or buildings, or parts thereof; it is hereby found that there
exists in the Borough, building or buildings which are unfit for human
habitation or occupancy, or use, due to dilapidation, defects increasing
the hazards of fire, accidents or other calamities, lack of ventilation,
lack of sanitary facilities or due to other conditions rendering such
building or buildings, or parts thereof unsafe, unsanitary, dangerous
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of the Borough, and as to which the Borough
has the power, pursuant to P.L. 1942, C. 112, as amended by P.L. 1956,
C. 197 (N.J.S.A. 40:48-2.3 et seq.) 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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A building or portion thereof providing living facilities
for one or more persons.
The holder or holders of the title in fee simple.
All individuals, associations, and/or corporations who have
interests of record in a building and any who are in actual possession
thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough, relating
to health, fire, building regulations, or to other activities concerning
buildings in the Borough.
The Construction Official of the Borough.
The Public Officer shall exercise the powers prescribed in this
chapter. The Borough Council may, by resolution, fix the salary to
be paid such Public Officer.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the Property
Maintenance Code, as presently and hereafter adopted and amended,
shall be used as a guide in determining whether dwellings in this
Borough are safe, sanitary and fit for human habitation and rental.
No person shall occupy as owner, occupant, or rent to another for
occupancy, any dwelling unit for the purpose of human habitation or
occupancy or use which does not conform to the provisions of the Property
Maintenance Code.
The Public Officer is hereby authorized and directed to make
inspections to determine the conditions of buildings and dwelling
units located within the Borough in order that he may perform his
duty of safeguarding the health or safety of the occupants of buildings
and dwelling units, the occupants of neighboring buildings and dwelling
units or the general public. For the purpose of making such inspections,
the Public Officer is hereby authorized to enter, examine and survey,
at all reasonable times, all buildings and dwelling units. The owner
or occupant of every building or dwelling unit, or the person in charge
thereof, shall give the Public Officer free access to such building
or dwelling unit and its premises at all reasonable times for the
purpose of such inspection, examination or survey. Every occupant
of a building or dwelling unit shall give the owner thereof, or his
agent or employee, access to any part of such building or dwelling
unit or its premises at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter, or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
chapter.
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 or dwelling unit is unfit for human habitation or occupancy
or use, or whenever it appears to the Public Officer (on his own motion)
that any building or dwelling unit 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 buildings or dwelling
unit a complaint stating the charges in that respect and containing
a notice that a hearing will be held before the Public Officer at
a place therein fixed, not less than seven days nor more than 30 days
after the serving of the complaint; 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; the rules of evidence prevailing in the
courts shall not be controlling in hearings before the Public Officer.
The Public Officer may determine that a building or dwelling unit
is unfit for human habitation or occupancy or use if he finds that
conditions exist in such building or dwelling unit which are dangerous
or injurious to the health or safety of the occupants of such building
or dwelling unit, the occupants of neighboring buildings or dwelling
units or other residents of the Borough; such conditions may include
the following (without limiting the generality of the foregoing):
defects therein increasing the hazard of fire, accident, or other
calamities; lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair, structural defects and uncleanliness. The
failure of any building or dwelling unit to conform to the provisions
of the Property Maintenance Code in effect at the time shall give
rise to the presumption that such building or dwelling unit is unfit
for human habitation or occupancy or use.
If, after notice and hearing, the Public Officer determines
that the building or dwelling unit 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:
A.
Requiring the repair, alteration or improvement of the building or
dwelling unit 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 building or dwelling unit vacated and closed
within the time set forth in the order; and
B.
If the building or dwelling unit 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 building or dwelling
unit within the time specified in the order, then the owner shall
be required to remove or demolish the building or dwelling unit within
a reasonable time as specified in the order of removal.
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 or dwelling unit, the Public Officer may cause such building
or dwelling unit 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 or dwelling unit so closed, a placard with
the following words: "This building (dwelling unit) is unfit for human
habitation or occupancy or use; the use or occupation of this building
(or dwelling unit) is prohibited and unlawful." The Public Officer
shall not incur expenses in the repair, alteration or improvement
of a building or dwelling unit except with the approval by resolution
of the Borough Council.
If the owner fails to comply with an order to remove or demolish
the building or dwelling unit, the Public Officer may cause such building
or dwelling unit to be removed or demolished or may contract for the
removal or demolition thereof after advertisement for, and receipt
of, bids therefor, subject to approval by resolution of the Borough
Council.
The amount of the costs 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 Borough; and such costs 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 dwelling unit 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 or dwelling unit is removed or demolished by
the Public Officer, he shall sell the materials of such building or
dwelling unit. 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 or dwelling unit. 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 Borough Tax Assessor or other custodian of the records of
tax liens, and a copy thereof shall be sent forthwith 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 of Judgment
by the Court to the persons 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.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged, or other structurally unsafe building
or dwelling unit, the Public Officer may, after taking such measures
as may be necessary to make such building or dwelling unit 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 Borough to define and declare nuisances
and to cause their removal and abatement, by summary proceedings or
otherwise, nor is anything in this act intended to limit the authority
of the Enforcing Agency or Construction Official under the State Uniform
Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.)
or any rules or regulations adopted thereunder.
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 a newspaper, printed
and published in the Borough, or, in the absence of such newspaper,
in one printed and published in Monmouth County and circulating in
the Borough. A copy of such complaint or order shall be posted in
a conspicuous place on premises affected by the complaint or order.
A copy of such complaint or order shall be duly recorded or lodged
for record with the Monmouth County Clerk.
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 as provided in N.J.S.A. 40:48-2.8.
Such remedy shall be exclusive and no person affected by any 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.
The Public Officer 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 any way alter, amend or
supersede any of the provisions hereof. The Public Officer shall file
a certified copy of all rules and regulations which he may adopt in
his office and in the office of the Borough Clerk. The Public Officer
is authorized to administer oaths, affirmations, and to examine witnesses
and receive evidence in any hearing conducted pursuant to the terms
of this chapter.
