[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City 7-6-1982 by Ord. No. 8230.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 89, Buildings, Unfit, adopted 5-13-1957 by Ord. No. 8-1957,
as amended.
The City of Ventnor City herein adopts this
chapter to permit the City to make certain repairs, alterations and
improvements, as well as to remove or demolish said buildings, when
it is determined that said buildings within said municipality are
unfit for human habitation or occupancy or use.
The person or persons or public officer to exercise
the powers described by this chapter shall be the Building Code Official
of the City of Ventnor City, New Jersey.
The following shall be the procedures and processes
to follow in order to implement the intent of this chapter:
A.
Whenever a petition is filed with the public officer
by public authority or by at least five residents of the municipality
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 such building 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
therein fixed not less than 10 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 time and place
fixed in the complaint; and that the rules of evidence prevailing
in the court shall not be controlling in hearings before the public
officer.
B.
After such notice and hearing, if 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
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
have said building vacated and closed within the time set forth in
the order; and 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 said building within
the time specified in the order, then the owner shall be required
to remove or demolish said building within a reasonable time as specified
in said order of removal.
C.
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."
D.
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.
E.
The amount of the cost of filing of legal papers,
expert witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this act determined in
favor of the municipality and any such 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.
F.
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
the proceeds of any sale of such materials or any sum derived from
the contract for the removal or demolition of the building. If there
are no such credits or if the total sum of such cost 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 other
custodian of the records of tax liens, and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceed 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; 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.
G.
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 to the accuracy of the costs set forth in the municipal
lien certificate.
A 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. This chapter may provide additional standards to
guide the public officer or his agents in determining the fitness
of a building for human habitation or occupancy or use.
This chapter shall be governed by N.J.S.A. 40:48-2.5
et seq.
