[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood
as Sec. 9-4 of the Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any building or structure, or part thereof, used and occupied for
human habitation, or intended to be so used, and shall include any outhouses
and appurtenances belonging thereto or usually connected therewith.
The holder of the title in fee simple.
All individuals, associations or corporations who have interest of
record in a dwelling, and any who are in possession thereof.
The officer or officers authorized under this chapter to exercise
the powers set forth in this chapter.
It is hereby declared that the existence and occupation of dwellings
in the borough which are unfit for human habitation are inimical to the welfare
and dangerous and injurious to the health and safety of the residents of the
borough, and public necessity exists for the repair, closing or demolition
of such dwellings.
A.Â
Whenever the proper officials of the borough, designated
herein, find that there exists in the borough a dwelling or dwellings unfit
for human habitation due to dilapidation; defects increasing the hazards of
fire, accident or other calamities; lack of ventilation, light or sanitary
facilities, or due to other conditions rendering such dwellings unsafe, unsanitary,
dangerous or detrimental to the health or safety, or otherwise inimical to
the welfare, of the residents of the borough, the officials designated shall
exercise the power vested under this chapter and under the laws of the state
to repair, close or demolish the dwelling or dwellings in the manner set forth
in this chapter.
B.Â
The Chairman of the Building Committee of the Borough
Council is hereby designated and appointed to exercise the powers set forth
in this chapter. In the event that the Chairman of the Building Committee
is unable to act, then any member of the Committee may act in his place and
stead. The Mayor and Council may from time to time, by resolution, designate
any other person or persons to act in the place of the Chairman of the Building
Committee.
The public officer or other official designated under this chapter may
exercise such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including but not limited to
the following powers, in addition to others herein granted:
A.Â
To investigate the dwelling conditions in the borough
in order to determine which dwellings therein are unfit for human habitation.
B.Â
To administer oaths and affirmations and to examine witnesses
and receive evidence.
C.Â
To enter upon the premises for the purpose of making
examination, provided that entry is made in such a manner as to cause the
least possible inconvenience to the persons in possession.
D.Â
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this chapter.
E.Â
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
The public officer may determine that a dwelling is unfit for human
habitation if he finds that conditions exist in such dwelling which are dangerous
and injurious to the health or safety of the occupants of such dwellings,
the occupants of neighboring dwellings or other residents of the borough,
and such conditions may include but shall not be limited to the following:
A.Â
Defects therein increasing the hazards of fire, accidents
or other calamities.
B.Â
Lack of adequate ventilation, light or sanitary facilities.
C.Â
Dilapidation, disrepair, structural defects or uncleanliness.
D.Â
Failure to have included in the dwelling running water
or inside toilet facilities.
Whenever a petition is filed with the public officer by the Construction
Official, the Health Inspector or any other officer in charge of any department
of the borough relating to health, fire, building regulations or activities
concerning dwellings in the borough, or by at least five residents of the
borough, charging that any dwelling or dwellings in the borough are unfit
for human habitation, the public officer shall, if preliminary investigation
discloses a basis for a charge or charges, issue and cause to be served upon
the owner of and the parties in interest in such dwelling or dwellings 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
set forth in the notice and at a time that shall not be less than 10 days
or more than 30 days after the service of the complaint. A complaint or order
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 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 each week for two successive weeks
in a newspaper printed and published in the borough. A copy of such complaint
or order shall be posted in a conspicuous place on the premises affected,
and a copy shall be recorded or lodged for record with the Clerk of the County
of Bergen. 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 complaint. The public officer shall not
be bound by the rules of evidence prevailing in courts of law or equity.
After notice and hearing, if the public officer determines that the
dwelling or dwellings under consideration are unfit for human habitation,
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 or parties in interest
an order requiring the owner within a certain time to repair, alter or improve
the dwelling, to render it fit for human habitation. If the repair, alteration
or improvement cannot be made at a reasonable cost in relation to the value
of the dwelling, the order may require the owner within the time specified
in the order to remove or demolish the building. For the purpose of determining
what may be reasonable for such purpose, the percentage is fixed at 50% of
the value of the dwelling.
If the owner shall fail to comply with the order to repair, alter or
improve or, at his option, to vacate and close the dwelling, the public officer
may cause the dwelling 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 the dwelling so closed a placard with the following words: "This building
is unfit for human habitation; the use or occupation of this building for
human habitation 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.
The amount of the cost of repairs, alterations, improvements or vacating
and closing or removal or demolition shall be a municipal lien against the
real property upon which such cost was incurred. If the dwelling is removed
or demolished, the public officer shall sell the materials of such dwelling
and shall credit the proceeds of such sale against the cost of the removal
or demolition, and any balance remaining shall be deposited in the Court of
Chancery, subject to the order of the Court.
