[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood
2-28-84 as Ord. No. 3-84. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any building or structure or part thereof, whether used for human
habitation or otherwise, and includes any outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof and any
record holders of any lien against the building.
The Building Inspector of the Borough of Maywood.
The public officer, as hereinabove defined, is hereby designated to
exercise the powers hereinafter prescribed by this chapter.
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the borough 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.
A hearing will be held before the public officer or his
designated agent at a place therein fixed not less than seven days nor more
than 30 days after the serving of said complaint.
B.
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.
C.
The rules of evidence prevailing in the courts shall
not be controlling in hearings before the public officer.
If, after such notice and hearing, 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:
A.
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
B.
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.
A.
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,
subject to authorization by the Mayor and Council, or to be vacated and closed
and shall 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 occupancy of this building is prohibited and
unlawful."
B.
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, subject to authorization by the Mayor and Council.
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 borough and 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 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, 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 Tax Collector, and a copy thereof
shall be forthwith forwarded to the owner by registered mail. If the total
of the credits exceeds 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 Count 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 accuracy of the costs set forth in the municipal lien certificate.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building, the public
officer may, after taking such measures as may be necessary to make such building
temporarily safe, seek a judgment in summary proceedings for the demolition
thereof. Nothing in this section shall be construed to impair or limit in
any way the power of the borough 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 enforcing agency or
Construction Official under the State Uniform Construction Code Act. P.L.
1975, c. 217, N J.S.A. 52:27D-119 et seq., or any rules or regulations adopted
thereunder.
The public officer may determine that a building is unfit for human
habitation or occupancy or use if the public officer 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 the borough. Such conditions may include but shall not
necessarily be limited to the following: defects therein increasing the hazards
of fire, accident or other calamities: lack of adequate ventilation, light
or other sanitary facilities: dilapidation, disrepair or structural defects;
or uncleanliness.
Complaints or orders issued by a public officer pursuant to this chapter
shall be served upon all parties in interest either personally or by registered
mail, but if the whereabouts of such persons is unknown and the same 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 in a newspaper printed and published in the municipality or, in
the absence of such newspaper, in one printed and published in the county
and circulating in the municipality in which the buildings are located. A
copy of such complaint or order shall be posted in a conspicuous place on
premises affected by the complaint or order. A copy of such complaint or order
shall be duly recorded or lodged for record with the Clerk of Bergen County.
Any person aggrieved by an order issued by a public officer under this
chapter may, within 30 days after the posting and service of such order, bring
an action for injunctive relief to restrain the public officer from carrying
out the provisions of the order and for any other appropriate relief. The
court may proceed in the action in a summary manner or otherwise. The remedy
herein provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action taken
pursuant thereto or because of noncompliance by any person with any order
of the public officer.
In addition to these powers hereinabove granted, the public officer
may exercise such powers as may be necessary or convenient to carry out and
effectuate the purposes and provisions of this chapter, including the following
powers:
A.
To investigate the building conditions in the borough
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B.
To administer oaths and 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 a 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 functions and
powers under this chapter to such officers and agents as the public officer
may designate.
