[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro 12-26-2000 by Ord. No. 00-48. Amendments noted where applicable.]
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 such structure other than a dwelling.
The officer who is authorized by this chapter to assess powers
prescribed herein.
Any building or structure or part thereof used or occupied
for human habitation or intended to be so used, including any appurtenances
belonging thereto.
The record holder of the title of any lot in fee simple.
All individuals, associations and corporations who have interest
of record in a dwelling, building or structure or any who are in physical
possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Glassboro,
County of Gloucester, and State of New Jersey, relating to health,
fire, building regulations or to other activities concerning dwellings,
buildings and structures in the Borough of Glassboro.
Whenever it shall be found that there exists
in the Borough of Glassboro dwellings, buildings or structures which
are unfit for human habitation, occupancy or use due to dilapidation,
disrepair, structural defects increasing the hazards of fire, accidents
or other calamities, lack of adequate ventilation, light or sanitary
facilities or constructed or existing in violation of the applicable
construction code or in violation of other Borough of Glassboro ordinances
or due to other conditions rendering such dwellings, buildings or
structures unsafe or unsanitary or dangerous or detrimental to the
health or safety, they shall be deemed an unsafe condition. All unsafe
dwellings, buildings or structures shall be taken down and removed
or made safe as the Code Official deems necessary. A vacant structure
that is not secure against entry shall be deemed unsafe.
If an unsafe condition is found, the Code Official
shall serve, on the owner, agent or person in control of the structure,
a written notice that describes the condition deemed unsafe and specifies
the required repairs or improvements to be made to abate the unsafe
condition or that requires the unsafe structure to be demolished within
a stipulated time. Such notice shall be deemed properly served if
a copy thereof is delivered to the owner personally or sent by certified
or registered mail addressed to the owner at the last known address,
with a return receipt requested. If the certified or registered letter
is returned showing that the letter was not delivered, a copy thereof
shall be posted in a conspicuous place in or about the structure affected
by such notice. Service of such notice in the foregoing manner upon
the owner's agent or upon the person responsible for the structure
shall constitute service of the notice upon the owner.
The structure or equipment determined to be
unsafe by the Code Official may be permitted to be restored to a safe
condition consistent with the notice provided to the owner of said
property. To the extent that repairs, alterations or additions are
made or change of occupancy changes during the restoration of the
structure, such repairs, alterations, additions or change of occupancies
shall comply with the time frame provided in the notice, along with
any permits required by the Borough of Glassboro to complete said
work.
Should any property owner or party in interest
fail to comply with the Code Official's notice in the time prescribed,
the owner or party in interest shall be cited and the matter shall
be set down for a hearing before the Borough of Glassboro Municipal
Court Judge. The Judge shall determine, by clear and convincing evidence,
whether said structure shall be deemed an unsafe condition. The Judge,
by order, may adopt, modify or reject the written notice provided
to the owner regarding the requested action to be taken on said property
as well as the imposition of fines for noncompliance. The Borough
of Glassboro and owner shall have the right to appear in person or
with counsel and provide testimony at the scheduled hearing.
Any owner or party in interest who fails to
allow a Code Official or his designated representative access to the
interior of said dwelling for the purposes of making an inspection
after written notice shall constitute a violation of this chapter.
If the owner or party in interest fails to consent to said inspection
upon seven days' written notice, it shall create a rebuttable presumption
that a violation has occurred.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any owner or party in interest who falls to
allow an inspection, make repairs or demolish said structure within
the time prescribed by the Code Official in accordance with this chapter
established herein may, upon conviction thereof, be liable for a fine
of not more than $2,000, imprisonment for not more than 90 days or
a period of community service for not more than 90 days, or any combination
thereof, for each violation. A violation shall be deemed committed
for each day the building or structure is in noncompliance following
the expiration of the time period provided for corrective action in
the notice by the Code Official.
[Amended 8-26-2003 by Ord. No. 03-26]
If the owner fails to comply with an order to
repair, alter, improve or demolish, as the case may be, then the Code
Official shall cause such dwelling, building or structure to be repaired,
altered or improved or to be vacated and closed or demolished. The
Code Official shall cause notice to be posted on the main entrance
of any dwelling so closed a placard with the following words:
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THIS BUILDING IS UNFIT FOR HUMAN HABITATION;
THE USE OR OCCUPATION OF THIS BUILDING FOR HUMAN HABITATION IS PROHIBITED
AND UNLAWFUL.
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If the owner fails to comply with an order to
remove or demolish the building or structure, the Code Official may
cause such building to be removed or demolished or may contract for
the removal or demolition after advertisement and receipt of bids
for said work.
The amount of the costs of such repair, alterations
or improvements or vacating or in closing or removal or demolition,
if any, when done by the Code Official or successful bidder upon contract
by the Borough, as well as any costs of legal representation, fines,
expert fees, search fees and advertising charges incurred in the course
of any proceedings taken pursuant to this chapter, shall be a municipal
lien against real property upon which such costs were incurred.
A.
When, in the opinion of the Code Official, there is
actual and immediate danger of failure or collapse of the building
or structure or any part thereof which would endanger life, or when
any structure or part of a structure has fallen and life is endangered
by the occupation of the building or structure, the Code Official
is hereby authorized and empowered, pursuant to the police powers
of the Borough, to order and require the occupant to vacate the same
forthwith. He shall cause to be posted at each entrance of such building,
notice reading as follows:
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THIS STRUCTURE IS UNSAFE AND ITS USE OR OCCUPANCY
HAS BEEN PROHIBITED BY THE CODE OFFICIAL, AND IT SHALL BE UNLAWFUL
FOR ANY PERSON TO ENTER SUCH BUILDING OR STRUCTURE EXCEPT FOR THE
PURPOSE OF MAKING THE REQUIRED REPAIRS OR IF DEMOLISHING THE SAME.
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B.
When, in the opinion of the Code Official, there is
an actual and immediate danger of collapse or failure of the building
or structure or any part thereof which would endanger life, the Code
Official shall cause the necessary work to be done to render such
building or structure or part thereof temporarily safe, whether or
not the written notice herein described has been instituted. When
necessary for the public's safety, the Code Official may temporarily
close sidewalks, streets, buildings and structures in places adjacent
to such unsafe structure and prohibit the same from being used. For
the purposes of making any emergency repairs, the Code Official shall
employ the necessary labor and materials to perform the required work
as expeditiously as possible. Any owner or party in interest may request
a hearing consistent with this chapter prior to the cost of any such
repairs, alterations or improvements or demolition as well as legal
expert fees being considered a municipal lien against the real property
upon which such costs was incurred.
In addition to the powers herein granted to
the Code Official, he/she shall also have the following powers:
A.
To investigate the dwellings, buildings and structures
in the Borough of Glassboro in order to determine which premises therein
are unfit for human habitation, occupancy or use as well as whether
any such structure is in actual and immediate danger of failure or
collapse.
B.
To enter upon premises for the purpose of making an
inspection, provided that such entry shall be made in such a manner
to cause the least possible inconvenience to persons in possession.
Should the Code Official be unable to orally confer with or make arrangements
with the owner or other party in interest, he/she shall provide seven
days' written notice when an interior inspection will occur, and the
property owner is obligated to make the property available for inspection.
C.
To apply for an administrative warrant to the Municipal
Court Judge where said owner or other party in interest fails to permit
an interior inspection of said property.
D.
To exercise such other and additional powers as are
reasonably necessary to carry out and effectuate the purpose and provisions
of this chapter.
Nothing in this chapter shall be construed to
abrogate or impair the powers of the courts or of any Borough departments
to enforce any provisions of the municipality or its ordinances or
regulations, nor to prevent or punish violations thereof; and the
powers conferred by this chapter shall be in addition and supplemental
to the powers conferred by any other law or ordinance.
