[Adopted 3-1-2013 by Ord. No. 13-06C[2]]
[1]
Editor's Note: The title of this article was changed from
"Prohibited Nuisances" to "Real Property Nuisances" 7-6-2021 by Ord.
No. 21-19C.
A.
The Township of Long Beach finds that certain nuisances, including
unfit, damaged, insanitary, dilapidated, dangerous, and unsafe buildings,
premises, dwellings, and structures are dangerous, inimical to, and
constitute threats to persons, property, and the public health, welfare,
and safety, diminish and damage private property rights and economic
activities, diminish neighboring property values, and constitute both
a public and an attractive nuisance.
B.
The Township further finds that certain threats to persons and property
and the public health, welfare, and safety will be addressed and remedied
if the nuisances, including unfit, damaged, insanitary, dilapidated,
dangerous, and unsafe buildings, premises, dwellings, and structures
are closed, secured, repaired, abated, removed, remedied, and demolished
by the Township pursuant to and in accordance with the procedures
set forth herein.
The Township charges, authorizes, and designates the Construction
Official, the Code Enforcement Officer, and other public officers
that may be designated by resolution of the Board of Commissioners
(hereinafter collectively "Designated Public Officer"), as the public
officer(s) charged with the authority to carry out the provisions
of this article.
A.
It shall be the duty of the owner of any buildings, premises, dwellings,
and structures (hereinafter collectively "structures") in the Township
to maintain those structures in a habitable, safe, structurally sound,
sanitary, and fit condition.
B.
It shall be the duty of the owner of any structures in the Township,
regardless of whether same is designed, intended, or approved for
occupancy or habitation, to maintain those structures in the Township
in a safe, structurally sound, sanitary, and fit condition.
The following types of nuisances are specifically enumerated
as prohibited.
A.
Structures, or parts thereof, determined by the Designated Public
Officer to violate applicable building codes in such manner as to
endanger or be likely to endanger persons, property, and the public
health, welfare, and safety.
B.
Structures, or parts thereof, determined by the Designated Public
Officer to be unfit for human habitation or occupancy.
C.
Structures determined by the Designated Public Officer to be dangerous
or injurious to the health or safety of the occupants of such structures,
the occupants of neighboring structures or other residents, persons,
and property in the Township, including 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; uncleanliness; and failure to comply with the requirements
of the building code or the certificate of occupancy.
D.
Structures, or parts thereof, damaged to such an extent that nothing
remains but the walls, or parts of the walls and other supports, or
where portions of walls are compromised or missing, regardless of
the safety and sturdiness of those remaining walls or parts thereof.
E.
Structures, or parts thereof, in such state of disrepair as to permit
the fill or material intended to be retained to spill through or leak
through the retaining wall or structures or to endanger or be likely
to endanger persons, property, and the public health, welfare, and
safety.
F.
Fences and walls in such state of disrepair and maintenance as to
be in danger of a collapse or to endanger or be likely to endanger
persons, property, and the public health, welfare, and safety.
G.
Bulkheads in such state of disrepair as to permit the earth and fill
behind the bulkhead to wash into the tidal waters abutting the bulkhead
or to endanger or be likely to endanger or be likely to endanger persons,
property, and the public health, welfare, and safety.
H.
Docks in such state of disrepair and maintenance as to be in danger
of collapse or to endanger the safety of persons walking on or otherwise
utilizing the said dock or to endanger or be likely to endanger be
likely to endanger persons, property, and the public health, welfare,
and safety.
I.
Depressions or holes created behind bulkheads and retaining walls
as a result of the disrepair of such bulkhead or retaining wall as
hereinabove describe which may endanger or be likely to endanger persons,
property, and the public health, welfare, and safety.
J.
The storage of permitted materials in such manner as to endanger
or to be likely to endanger or be likely to endanger persons, property,
and the public health, welfare, and safety.
K.
The storage of boats in such manner as to endanger or to be likely
to endanger or be likely to endanger persons, property, and the public
health, welfare, and safety.
A.
Powers.
(1)
The Designated Public Officer is charged with and authorized to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this article, including, all powers
provided by N.J.S.A. 40:48-1, et seq., and, in addition to the others
granted herein the following powers:
(a)
To investigate the conditions of the lands, lots, and structures;
(b)
Administer oaths, affirmations, examine witnesses, and receive
evidence;
(c)
Enter upon the lands, lots, and structures 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 person(s)
in possession, except in circumstances that poses imminent threat
and harm to the public health, welfare, and safety;
(d)
To appoint and fix the duties of such officers, agents and employees
as (s)he deems necessary to carry out of the purpose of this article;
and
(e)
To delegate any of the functions and powers under the ordinance
to such officers and agents as (s)he may designate.
(2)
All third-party contractors retained to conduct any act at the direction
of the Designated Public Officer shall have the right to enter upon
the lands, lots, and structures to effectuate all actions required
by the Designated Public Officer.
B.
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged, storm damaged, flood damaged, or other structurally unsafe structure for any reason, the Designated Public Officer and the Township, after taking such measures as may be necessary to make such structures temporarily safe, may either proceed in accordance with the authority provided herein, seek a judgment in summary proceedings for the demolition thereof, or other the Township officials may proceed in accordance with § 127-5C and D pursuant to the New Jersey Uniform Construction Code.
C.
Notwithstanding the provisions of this article, when, in the opinion
of the construction official and appropriate subcode officials of
the Township, there is actual and immediate danger of failure or collapse
or further failure or collapse of a 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 construction official shall take all
necessary actions to remedy and abate the danger by and through the
authority provided by the New Jersey Uniform Construction Code. When
demolition of the building or structure is deemed necessary and proper
by the construction official to remedy and abate the actual and immediate
danger as aforesaid, demolition work shall not commence until at least
24 hours following service of notice of the pending demolition upon
the owner. For the purpose of this section, the construction official
shall employ the necessary labor and materials to perform the required
work as expeditiously as possible.
D.
Closing of streets, sidewalks, and structures. When necessary to
protect the public health, welfare, and safety, the construction official
may temporarily close sidewalks, streets, and structures and places
adjacent to such unsafe structures, and prohibit the same from being
used.
E.
The provisions set forth in § 127-5C and D are independent of and separate powers authorized by the New Jersey Uniform Construction Code and set forth herein to clarify additional remedies at the disposal of the Township to remedy certain nuisances, including unfit, damaged, insanitary, dilapidated, dangerous, and unsafe structures that are dangerous, inimical to, and constitute threats to persons and property, and the public health, welfare, and safety. The complaint, notice, due process provisions, assessment of costs, bidding requirements, and penalties relating thereto are set forth at length in the New Jersey Uniform Construction Code. Nothing in this article, therefore, shall be construed to impair or limit in any way the power of the construction official or enforcing agencies to define and declare nuisances and to cause their removal or abatement, by summary proceeding or otherwise, nor is anything in this article intended to limit the authority of the Township under the New Jersey Uniform Construction Code.
A.
Upon the filing of a petition or letter by the Director of the Department
of Public Affairs and Public Safety of the Township or by at least
five residents of the Township charging that any structure is unfit,
damaged, unsafe, or constitutes a nuisance as defined herein, or whenever
it appears to the Designated Public Officer (on his own petition,
letter, or motion) that any structure is unfit, damaged, unsafe, or
constitutes a nuisance as defined herein, the Designated Public Officer
shall conduct a preliminary investigation of the structure. If the
aforesaid investigation discloses a basis for charges pursuant to
this article, the Designated Public Officer shall issue and cause
to be served upon the owner of and parties in interest in such structure
a complaint stating the charges in that respect. The complaint (whether
in formal or letter form) shall set forth that a hearing shall be
held before the Designated Public Officer or the Board of Commissioners
at a certain time and place not less than seven days nor more than
30 days after the serving of said complaint. The complaint shall further
set forth 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.
B.
Any hearing conducted pursuant to the provisions herein shall be
conducted before the Designated Public Officer (or his designated
agent) or by any other public officer (as defined by N.J.S.A. 40:48-2.4)
that may be selected and designated by the Board of Commissioners
by resolution, and the rules of evidence prevailing in the courts
shall not be controlling in the hearings. On the basis of the complaint,
the answer, and the hearing, the Designated Public Officer (or other
agent or officer, as aforesaid) shall make findings of fact and determine
whether the structure is unfit, unsafe, or otherwise requires improvement,
abatement, repair, alteration, or demolition in accordance with the
provisions herein. The Designated Public Officer (or other agent or
officer, as aforesaid) shall state in writing 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.
C.
Any order issued pursuant to the provisions herein shall set forth
the required abatement, repair, alteration, or improvement required
of the said structure 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 structure vacated and closed
within the time set forth in the order. The order shall further provide,
in the event that the structure 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, abate, or improve the said structure
within the reasonable time specified in the order, then that the owner
shall be required to remove or demolish the said structure within
a reasonable time as specified in the said order. The order shall
further advise the person(s) aggrieved by the order that (s)he may
bring an action for injunctive relief in the Superior Court of New
Jersey within 30 days of posting and service of the order to seek
to restrain the Designated Public Officer from carrying out the provisions
of the order and for any other appropriate relief.
D.
If the owner fails to comply with an order to repair, alter, abate,
or improve, or, at the option of the owner, to vacate and close the
building, the Designated Public Officer may cause such structure to
be repaired, altered, abated, or improved, or to be vacated and closed
or may contract for the aforesaid repairs thereof after advertisement
for, and receipt of, bids, therefor. The Designated Public Officer
may further cause to be posted on the main entrance of any structure
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."
E.
If the owner fails to comply with an order to remove or demolish
the structure, the Designated Public Officer may cause such structure
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement for, and receipt of, bids, therefor.
The complaints and orders shall be served upon owners either
personally or by registered mail, and by posting the complaints and
orders upon the lands, lots, or structure, if possible, in a conspicuous
place, and by recording such complaints and orders with the county
recording officer for Ocean County. If the whereabouts of the owner
is unknown and cannot be ascertained by and through the exercise of
reasonable diligence, and service cannot be made pursuant by way of
personal service or registered mail, the Designated Public Officer
exercising the authority provided herein shall make an affidavit to
that effect and then cause notice to be published in a newspaper circulating
in the Township at least once. Proof by affidavit of service of the
notice shall be filed with the officer in charge of the records of
tax liens, but failure to file the proofs shall not invalidate the
proceedings if service has been made as hereinbefore provided.
A.
Where the Township abates the nuisance as provided herein either
by and through the use and direction of Township employees, through
the solicitation of bids and the award of the public contract pursuant
to the provisions of the "Local Public Contracts Law," or awards of
no-bid contracts in emergent situations necessary to prevent imminent
danger to life, limb, or property, the entire cost of the abatement
of the nuisance to the Township, including the amount awarded to the
successful bidder for labor, materials, and costs (or the cost of
Township employees' labor and materials), the filing of legal papers,
expert witnesses fees, search fees, service charges, and advertising
charges relating to service and the advertising of public bids, incurred
in the course of any proceeding taken under this article, and any
and all attorney's fees and costs shall be assessed to the owner in
the manner of real estate taxes, bear interest at the same rate as
taxes, and shall become a lien upon the property on which the said
nuisance was abated in a manner provided by law and herein, and shall
be collected and enforced by the same officers and in the same manner
as taxes.
B.
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. If the
structure is removed or demolished by the Designated Public Officer,
(s)he shall sell the materials of such structure. 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 structure. 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 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 Designated 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.
C.
In addition to the assessment of a municipal lien against the lands and premises upon which the structure was situate, as aforesaid, the Township may also elect to enforce the payment of the assessment of the entire cost of the abatement of the nuisance as provided by § 127-8A and B, together with interest, as a debt of the owner of the premises and may authorize the institution of an action at law for the collection thereof.
