[HISTORY: Adopted by the Board of Commissioners of the City of Margate
City 2-25-1982 by Ord. No. 1982-2. Amendments noted where applicable.]
[Amended 1-25-1988 by Ord.
No. 1988-1]
The Construction Code Official, or his designee, of the City of Margate
City be and he is hereby designated as the officer to exercise the powers
prescribed by this chapter, and he shall serve in such capacity without any
additional salary.
[Amended 1-25-1988 by Ord.
No. 1988-1]
For the purpose of this chapter, the Construction Code Official, or
his designee, may determine that a dwelling is unfit for human habitation
if he finds that conditions exist in such dwelling which are dangerous or
injurious to the health or safety of the occupants of such dwelling, the occupants
of neighboring dwellings or other residents of the City of Margate City. 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; or uncleanliness.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1 et
seq.), the New Jersey State Housing Code (1980 Revision), as approved by the
Department of Community Affairs and filed in the Secretary of State's office,
is hereby accepted, adopted and established as a standard to be used as a
guide in determining the fitness of a building for human habitation or occupancy
or use. A copy of the New Jersey State Housing Code (1980 Revision) is annexed
to this chapter, and three copies of the same have been placed on file in
the office of the City Clerk and are available to all persons desiring to
use and examine the same.
[Amended 1-25-1988 by Ord.
No. 1988-1]
Whenever a petition is filed with the City Clerk by a public authority,
as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the municipality
charging that any dwelling is unfit for human habitation, as herein defined,
or whenever it appears to the Construction Code Official, or his designee,
on his own motion, that any dwelling is unfit for human habitation, as herein
defined, he 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 dwelling a complaint stating the charges in that respect
and containing a notice that a hearing will be held before the City Commissioners
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 time and place fixed in the complaint;
and that the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the City Commissioners.
[Amended 1-25-1988 by Ord.
No. 1988-1]
If, after such notice and hearing, the Construction Code Official, or
his designee, determines that the dwelling under consideration is unfit for
human habitation, as herein defined, 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:
A.
That the repair, alteration or improvement of said building
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 to have said building
vacated and closed within the time set forth in the order.
B.
That, 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, that the owner remove or demolish said building within
a reasonable time as specified in said order of removal.
C.
That, 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 Construction Code Official, or his designee, may cause such building to
be repaired, altered or improved or to be vacated and closed; that the Construction
Code Official, or his designee, 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.
That, if the owner fails to comply with an order to remove
or demolish the building, the Construction Code Official, or his designee,
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.
That 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
municipality and the 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 building is removed or demolished
by the Construction Code Official, or his designee, 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 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 certified mail. If the total of the credits exceed such costs, the
balance remaining shall be deposited in the Superior Court by the Construction
Code Official, or his designee, 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, nor is anything in this chapter intended to limit
the authority of the Construction Code Official, or his designee, under the
State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) or any rules
or regulations adopted thereunder. 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.
[Amended 1-25-1988 by Ord.
No. 1988-1]
Complaints or orders issued by the Construction Code Official, or his
designee, pursuant to this chapter shall be served upon persons, either personally
or by certified mail, but if the whereabouts of such persons is unknown and
the same cannot be ascertained by said Construction Code Official, or his
designee, in the exercise of reasonable diligence, and said Construction Code
Official, or his designee, 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 circulating in the City of Margate City. A copy
of such complaint or order shall be posted in a conspicuous place on the premises
affected by the complaint or order, and 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 dwelling is located.
[Amended 1-25-1988 by Ord.
No. 1988-1]
The Construction Code Official, or his designee, is hereby authorized
and empowered 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 in addition to others herein granted:
A.
To investigate the dwelling conditions in the City of
Margate City in order to determine which dwellings therein are unfit for human
habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
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 purposes of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair the
power of the municipality or any officer or department to enforce any provisions
of its Charter 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 upon the City by any other law or ordinance.
