[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 5-6-2002 by Ord. No. 492. Amendments noted where applicable.]
Occupancy permits — See Ch. 82.
Uniform construction codes — See Ch. 88.
Garbage, rubbish and refuse — See Ch. 131.
Land use — See Ch. 150.
Editor's Note: This ordinance also repealed former Ch. 181, adopted 9-2-1997 by Ord. No. 446.
Editor's Note: Former § 181-1, Standards adopted by reference, was repealed 5-28-2013 by Ord. No. 609.
[Added 5-28-2013 by Ord. No. 609]
That a certain document, three copies of which are on file in the office of the Clerk of the Borough of Buena, being marked and designated as the "International Property Maintenance Code, 2012 Edition," as published by the International Code Council, be and is hereby adopted as the property maintenance code of the Borough of Buena in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the Office of the Clerk of the Borough of Buena are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 181-1.2.
[Added 5-28-2013 by Ord. No. 609]
The following sections of the International Property Maintenance Code, 2012 Edition, are hereby amended and revised in the following respects:
Section 101.1. Insert: "Borough of Buena."
Section 103.5. Insert: "$50 to $1,000, or as outlined in all Borough ordinances and regulations."
Section 111 shall be deleted in its entirety.
Section 112.4. Insert: "less than $250 or more than $1,000."
Section 302.4. Insert: "eight inches."
Section 304.14. Insert: "from May 1 to October 1."
Section 602.3. Insert: "from October 1 to May 1."
Section 602.4. Insert: "from October 1 to May 1."
[Added 5-28-2013 by Ord. No. 609]
Ordinance No. 492, Chapter 181, as amended of the Borough of Buena, entitled "Property Maintenance" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Editor's Note: This ordinance specifically repealed only §§ 181-1, 181-2, 181-3, 181-6, and 181-7.
[Added 5-28-2013 by Ord. No. 609[
That if any section, subsection, sentence, clause or phrase of this chapter is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough Council of the Borough of Buena hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Further, nothing in this chapter or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 181-1.3 of this chapter nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
Editor's Note: Former § 181-2, Amendments to International Property Maintenance Code, was repealed 5-28-2013 by Ord. No. 609.
Editor's Note: Former § 181-3, Determination that dwelling is unfit for human habitation, was repealed 5-28-2013 by Ord. No. 609.
Whenever a petition is filed with the Code Enforcement Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Borough charging that any dwelling is unfit for human habitation, as herein defined, or whenever it appears to the Code Enforcement Officer 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 Code Enforcement Officer, 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 owners 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 complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Code Enforcement Officer.
If, after such notice and hearing, the Code Enforcement Officer determines that the dwelling under consideration is unfit for human habitation as herein defined, 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 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;
If the building is in such 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;
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 Code Enforcement Officer may cause such building to be repaired, altered or improved or to be vacated and closed and that the Code Enforcement Officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "Condemned as unfit for human occupancy or use; the use or occupation of this building is prohibited and unlawful";
That, if the owner fails to comply with an order to remove or demolish the building, the Code Enforcement Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement and receipt of bids. Furthermore, in the event that the owner fails to comply with the Code Enforcement Officer's order within the time specified, such failure shall be considered a violation of this chapter, subjecting the owner to the penalties set forth in § 181-9 of this chapter. Each day that the Code Enforcement Officer's order is not complied with shall be considered a separate offense, subjecting the owner to penalties for each day of noncompliance; and
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 Code Enforcement 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 Municipal Tax Assessor or the 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 exceeds the costs, the balance remaining shall be deposited in the Superior Court by the Code Enforcement 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 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.
Editor's Note: Former § 181-6, Service of complaints or orders, was repealed 5-28-2013 by Ord. No. 609.
Editor's Note: Former § 181-7, Powers and duties of Code Enforcement Officer, was repealed 5-28-2013 by Ord. No. 609.
No person shall occupy as owner/occupant or rent to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not conform to the provisions of the International Property Maintenance Code, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
Any person who shall violate any provision of this chapter shall be subject to the following fines or penalties:
Upon a first conviction, be subject to a fine of not less than $100 nor more than $250;
Upon a second conviction, be subject to a fine of not less than $250 nor more than $500 and/or imprisonment for a term not exceeding 30 days; and
Upon a third or subsequent conviction, be subject to a fine of not less than $500 nor more than $1,000 and/or imprisonment for a term not exceeding 90 days.
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.
In addition to the fines and penalties in § 181-9 of this chapter, in case of any unlawful acts, the Code official shall institute an appropriate action or proceeding at law for the purpose of ordering that person:
To restrain, correct or remove the violation or refrain from any further execution of work;
To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
To require the removal of work in violation; or
To prevent the occupancy of the structure that is not in compliance with the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair the power of the municipality or any officer or department to enforce any provisions of its ordinances or regulations. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the city by any other law or ordinance.