[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 12-6-1994
by Ord. No. O:94-38 (Ch. 12 of the 1969 Code). Amendments
noted where applicable.]
Pursuant to the authority of N.J.S.A. 40:48-2.3 et seq., L. 1942, c.
112, as amended L. 1956, c. 197, the Council of the Town of Phillipsburg is
hereby designated as the public body which is authorized to exercise the powers
prescribed in this chapter. Wherever the term "governing body" is used in
this chapter, the term shall mean and refer to the members of the Town Council.
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes of this chapter, unless
a different meaning clearly appears from the context:
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 Town Council.
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.
The Phillipsburg Housing Authority.
The Sanitary Inspector and a Construction Official.
Whenever a petition is filed with the governing body by a 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 governing body (on its own motion) that any building is unfit, the
governing body shall, if its 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 governing body
(or its 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 place and time
fixed in the complaint and that the rules of evidence prevailing in the courts
shall not be controlling in hearings before the governing body.
If, after such notice and hearing, the governing body determines that
the building under consideration is unfit for human habitation or occupancy
or use, it shall state, in writing, its 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.
Provided 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 that 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.
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 governing
body may cause such building to be repaired, altered or improved or to be
vacated and closed; and the governing body 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 governing body may cause such building to be removed or demolished.
The amount of the cost of such repairs, alterations or improvements
or vacating and closing or removal or demolition shall be a municipal lien
against the real property upon which such cost was incurred. The detailed
statement of the aforesaid costs shall be filed with the custodian of the
records of tax liens and a copy of said detailed statement shall be forthwith
forwarded to the owner by registered mail. If the building is removed or demolished
by the governing body, it shall sell the materials of such building and shall
credit the proceeds of such sale against the cost of the removal or demolition
and any balance remaining shall be deposited in the Superior Court by the
governing body, 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. 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 or the amount
or the accuracy of the costs set forth in the municipal lien certificate.
The governing body may determine that a building is unfit for human
habitation or occupancy or use if it 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 Town of Phillipsburg. Such conditions may include the following (without
limiting the generality of the foregoing): defects therein increasing the
hazards of fire, accident or sanitary facilities; dilapidation; disrepair;
structural defects; and uncleanliness. The governing body, in reaching such
determination, shall be guided by, among other things, the standards set by
the Building Code[1] and health ordinances of the Town of Phillipsburg and by the pertinent
requirements of Title 26 of the Revised Statutes of New Jersey.
Complaints or orders issued by the governing body pursuant to this chapter
shall be served upon persons either personally or by registered mail, but
if the whereabouts of such persons is unknown and the same cannot be ascertained
by the governing body in the exercise of reasonable diligence and the governing
body 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 each week
for two successive weeks 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 circulated 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 county recording officer
of the county in which the building is located.
The governing body is hereby authorized 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 powers, in addition to others herein
granted:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purposes of making examinations,
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the person in possession.
[Added 12-1-1998 by Ord. No. O:98-25]
In the event that the property owner does not comply with an order as set forth in § 200-4 of the Town Code of the Town of Phillipsburg, a penalty may be imposed by the governing body of up to $500 per day as against the property owner and shall become a lien against the property. This penalty shall be in addition to any other penalties imposed under any other provision of the Town Code of the Town of Phillipsburg.
