[HISTORY: Adopted by the Town Council of the Town of Belvidere 6-6-1966 (Ch. 78 of
the 1987 Code). Amendments noted where applicable.]
It is hereby found and declared that there exist in the Town
of Belvidere 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, light or sanitation
facilities, or due to other conditions rendering such building or
buildings or part thereof unsafe or unsanitary or dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the
residents of said Town.
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purpose of this
chapter, unless a different meaning clearly appears from the context:
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 holder of the title in fee simple.
All individuals, associations and corporations who have an
interest in a building or who are in possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Town relating to
health, fire, building regulation or to other activities concerning
buildings in the Town of Belvidere.
The Building Inspector of the Town of Belvidere, who is hereby
authorized by this chapter to exercise the powers prescribed herein
and pursuant to statute.
[Amended 3-3-1997 by Ord. No. 97-05]
The public officer shall be appointed by the Town Council, and
in lieu of such an appointment, the Mayor and Town Council shall exercise
the powers prescribed by this chapter.
[Amended 8-3-1987 by Ord. No. 87-11]
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the Town, 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 said building 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 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.
[Amended 3-3-1997 by Ord. No. 97-05]
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:
A.
Requiring the repair, alteration or improvement of the 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 the said building vacated and closed within the time set forth
in the order; and
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 the said building within the time
specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said 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, 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 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.
[Amended 8-3-1987 by Ord. No. 87-11; 3-3-1997 by Ord. No. 97-05]
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 Town, and the cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amount of 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 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 by the public officer with the Municipal Tax Assessor,
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 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.
[Added 8-3-1987 by Ord. No. 87-11]
If an 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.
[Added 8-3-1987 by Ord. No. 87-11]
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 or abatement, by summary proceedings or
otherwise, nor is anything in this chapter 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.
[Amended 3-3-1997 by Ord. No. 97-05]
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 of such municipality; such conditions
may 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 and uncleanliness.
[Amended 8-3-1987 by Ord. No. 87-11]
Complaints or orders issued by a 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, 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 municipality, or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
municipality in which the buildings are located. 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 record with the county recording officer
of the county in which the building is located.
The public officer is authorized 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 powers in
addition to others herein granted:
A.
To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation
or occupancy or use.
B.
To administer oaths, affirmations, examine witnesses and receive
evidence.
C.
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.
D.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purpose of the chapter, provided
that he obtains advance approval for the same from the Town Council.
[Amended 3-3-1997 by Ord. No. 97-05]
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate, provided that he obtains
advance approval for the same from the Town Council.
[Amended 3-3-1997 by Ord. No. 97-05]
Nothing in this chapter shall be construed to abrogate or impair
the powers of any department of the Town of Belvidere to enforce any
provisions of its Charter[1] or its ordinances or regulations or to prevent or punish
violation thereof.
[1]
Editor's Note: The Charter is included at the beginning of
the Code.
