[Amended 5-14-1979 by Ord. No. 79-4; 11-12-1985 by Ord. No.
85-17]
The Construction Code Official and the Zoning
Officer are hereby designated as the public officers to exercise the
powers prescribed by this chapter. They may designate such other public
officials or employees of the Borough of Park Ridge to perform such
of their functions and powers under this chapter as they reasonably
deem necessary for enforcement thereof, including the making of inspections
and conduct of hearings.
All premises within the Borough covered by this
code shall be subject to inspection from time to time by the Public
Officer to determine the condition thereof in order that he may perform
his duties of safeguarding the health and safety of the persons occupying
the same and of the general public. For the purpose of making such
inspections, the Public Officer is hereby authorized to enter, examine
and survey at all reasonable times all such premises; provided, however,
that such entries are made in such manner as to cause the least possible
inconvenience to the persons in possession. The owner, operator and
persons occupying the same shall give the Public Officer free access
to the same at all reasonable times for the purpose of such inspection.
Every person occupying such premises shall give the owner and operator
thereof access at all reasonable times to that portion of the premises
occupied by or in the possession of such person for the purpose of
making such repairs, alterations or corrections as are necessary to
effect compliance with the provisions of this code or with any lawful
rule or regulation adopted or any lawful order issued pursuant to
the provisions of this code.
[Amended 5-14-1979 by Ord. No. 79-4]
A.
For the purposes of this chapter, the Public Officer may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the safety of persons occupying or using the same or neighboring buildings or other residents of the Borough. Such conditions may include the following without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident or other calamities; structural defects; or failure to comply with the standards established by Article IV of this chapter.
Whenever a petition is filed with the Public
Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, 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, after a 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, and 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, and that the rules of evidence prevailing in the courts
of the State of New Jersey shall not be controlling in hearings before
the Public Officer.
If, after the notice and hearing provided for in § 80-24, 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:
A.
The repair, alteration or improvement of the 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 to 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 the said building
within the time specified in the order, that the owner remove or demolish
the building within a reasonable time as specified in the said order
of removal.
If the owner fails to comply with an order requiring
him to repair, alter or improve, or, at his option, 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, and
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."
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.
A.
The amount of:
(1)
The cost of legal and engineering fees, expert witness'
fees, searches and advertising charges incurred in the course of any
proceedings taken under this code and determined in favor of the Borough;
and
(2)
The cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, undertaken pursuant to §§ 80-26 and 80-27 hereof, or the amount of the balance thereof remaining after deduction of the sum 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.
B.
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
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 (herein called the "municipal
lien certificate") of the aforesaid costs and the amount so due shall
be filed by the Public Officer with the Municipal Tax Assessor of
the Borough and a copy thereof shall be forthwith forwarded by the
Public Officer to the owner by registered or certified mail. If the
total of the credits exceeds such costs, the balance remaining shall
be deposited with the Clerk of 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 contained in this code
shall be construed to limit or impair 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. Any owner or party
in interest may, within 60 days of the filing of the municipal 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.
A.
Application for certificate. Where any owner, operator
or occupant is required to make repairs or otherwise improve his property
and is unable to comply with this code without having a right of access
to the premises through or across adjoining premises not owned by
him or under his control, and where right of access has been refused
such owner, operator or occupant required to make such repair, or
where the owner or person empowered to grant such access cannot be
found or located, then upon the filing of an affidavit by such owner,
operator or occupant with the Public Officer, setting forth the facts
and applying for a certificate of necessity, the Public Officer shall
serve written notice of a hearing on said application upon the applicant
for such certificate and upon the owner or person empowered to grant
such access. Said notice of hearing shall state the matters to be
considered at said hearing and shall be served in the manner prescribed
for the service of complaints and orders by New Jersey Statutes Annotated
40:48-2.7, except that the Public Officer shall not be required to
record or lodge a copy of such notice with the county recording officer
of the County of Bergen. At least 10 days' notice of such hearing
shall be given where the address of the owner or person empowered
to grant such access is known. If such address is unknown or cannot
be ascertained by the Public Officer in the exercise of reasonable
diligence, at least 30 days' notice thereof shall be given, calculated
from the date of the first newspaper publication thereof.
B.
Hearing. On the day fixed for hearing, the Public
Officer shall provide opportunity for the owner or person empowered
to grant such access to state why such access should not be granted.
C.
Issuance of certificate; contents. If the Public Officer
determines that such access is necessary to accomplish or complete
repairs or improvements necessary for compliance with this code, then
the Public Officer shall grant a certificate of necessity, granting
and ordering access and setting forth therein the person or persons
to whom the certificate shall apply, such conditions as shall be necessary
to protect adjoining property, reasonable time limits during which
such certificate shall operate, precautions to be taken to avoid damage
and, where the Public Officer deems proper, that a bond be procured
at the expense of the person seeking such access, to secure such adjoining
property owner against damage to persons or property arising out of
such right of access. The amount set for the bond shall take into
consideration the extent, nature and duration of the repairs and improvements,
the proximity thereof to the premises over which access has been sought
and the potential risk of damage thereto. Said bond, if required,
shall be filed with the Public Officer.
D.
Refusal to comply with certificate. Any refusal to
comply with a certificate issued hereunder, or any interference with
the purpose for which a certificate is issued, shall be a violation
of this code, and, in addition to the penalties provided hereunder,
the Public Officer may, upon affidavit setting forth the facts, apply
to the Judge of the Borough for a warrant authorizing access, and
if the Judge is satisfied as to the matters set forth in said affidavit,
he shall authorize the issuance of a warrant permitting access.
Whenever the Public Officer determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter, he shall give notice of such alleged
violation to the person or persons responsible therefor as hereinafter
provided.
A.
Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Be served upon the owner or occupant of the premises
or the agent of either of them, provided that such notice shall be
deemed to be properly served if a copy thereof is served upon such
person personally or sent by certified or registered mail to his last
known address or posted in a conspicuous place in or about the premises
affected by the notice.
B.
Such notice shall also state that unless within 10
days from service of this notice a written request is made for a hearing
before the Public Officer, said notice shall, at the expiration of
such ten-day period, be deemed an order to cease and desist from and
to abate the described violation, and such notice shall prescribe
a reasonable time within which such persons shall be required to cease
and desist from and abate such violation.
C.
The notice may also contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this code.
If a hearing is requested pursuant to § 80-30 hereof, it shall be commenced not later than 10 days after request therefor is made, provided that for good cause, the Public Officer may postpone such hearing for a reasonable time. If, after hearing, the Public Officer finds that no violation exists, he shall withdraw the notice. If he finds that a violation does exist, he shall enter and issue an order requiring the abatement of same within a prescribed reasonable time. The proceedings at such hearings, including the findings and decisions of the Public Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Public Officer.
Whenever the Public Officer finds that an emergency
exists which requires immediate attention to protect the public health
or safety, he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
any other provisions of this code, such orders shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Public Officer, shall
be afforded a hearing as soon as possible. After such hearing, the
Public Officer shall continue such order in effect, or modify or withdraw
it.
Notwithstanding the provisions of § 80-30 hereof, the Public Officer may, at his election, prosecute violations of any section of this code involving public health or public safety, without notice, by the filing of a complaint with the Clerk of the Municipal Court of the Borough of Park Ridge.
A.
Complaints, orders and certificates of necessity issued
by the Public Officer pursuant to this code shall be served and recorded
or lodged for record in the manner prescribed by New Jersey Statutes
Annotated 40:48-2.7.
B.
At any hearing held by the Public Officer pursuant
to the provisions of this code, the Public Officer shall be vested
with all the powers provided by law to issue subpoenas, to compel
the attendance of witnesses and parties in interest and to require
the production of books, records and other documents which may be
pertinent to matters to be determined by the Public Officer.
C.
The Public Officer is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out the purposes and provisions of this code, including but not limited
to the following, in addition to others herein granted:
(1)
To administer oaths, affirmations, examine witnesses
and receive evidence.
(2)
To make and adopt such written rules and regulations
as he may deem necessary and the Borough Council approves by resolution,
for the proper enforcement of the provisions of this code; provided,
however, that such rules and regulations shall not be in conflict
with the provisions of this code nor in any way alter, amend, add
to or supersede any of the provisions hereof. The Public Officer shall
file a certified copy of all such rules and regulations in his office
and in the office of the Borough Clerk.
The Public Officer shall, in the month of December
of each year, review with the Fire Chief, Health Officer, Borough
Engineer and Borough Council the procedure and operation of this code,
and report to the Borough Council on or before January 1:
A.
Any recommended amendments, additions or modifications
of the provisions of this code consonant with the field experience
of the personnel charged with enforcement.
B.
A summary of the enforcement experience, indicating
number of violations abated, number of cases processed in the Municipal
Court, number of inspections made and such other and pertinent information
as will provide the Borough Council with an annual account of the
maintenance of the standards required by this code.
C.
Any further recommendations as to how this code and
procedures and operations thereunder may be improved.
