[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale 9-18-1995 by Ord. No. 9-95. 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 appurtenances belonging to or usually
enjoyed therewith.
The Zoning Officer and Building Inspector of the Borough of Riverdale.
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.
Any building which is wholly or partly used or intended to be used
for living or sleeping quarters by human occupants.
A building shall be deemed unfit for human habitation if 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. 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; uncleanliness;
failure to comply with the requirements of the building code or the certificate
of occupancy.
The enforcement official shall have the authority to exercise all powers
authorized in N.J.S.A. 40:48-2.3 et seq. and all powers necessary or convenient
to carry out and effectuate the purposes and provisions of that Act.
A.
The enforcement official shall investigate the habitability
of any building within the Borough whenever he deems it necessary to do so
or whenever a petition is filed by
at least five residents of the Borough charging that the building is unfit
for human habitation.
B.
If the enforcement official's preliminary investigation
discloses a basis for such charges, a complaint shall be served upon the owner
of and parties in interest in such building stating the charges and containing
the notice that a hearing will be held.
C.
The enforcement official shall hold a hearing on the
complaint not more than 30 days or less than 10 days after service. The owner
and party in interest shall have the right to file an answer to the complaint
and to appear in person or otherwise and give testimony. Formal rules of evidence
shall not apply.
D.
Findings and orders. If, after notice and hearing, the
enforcement official finds that the building under consideration is unfit
for human habitation, the enforcement official shall issue findings of facts
in support of such determination and shall cause to be served upon the owner
thereof and parties in interest an order stating:
(1)
Repairs, alterations or improvements of said building
shall 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 times set forth in the order.
(2)
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.
E.
Failure to comply with order of the enforcement official.
(1)
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
or to be vacated and closed. The enforcement official 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."
(2)
If the owner fails to comply with an order to remove
or demolish the building, the enforcement official, with the consent of the
Borough Council, 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.
F.
Demolition or correction of defects by Borough; recovery
of costs. Where demolition, correction of a defect in the premises or work
necessary to place the premises in a proper condition so as to conform to
ordinances of the Borough or applicable laws of the State of New Jersey requires
expending Borough moneys, the enforcement official shall present a report
of work proposed to be done to accomplish the foregoing to the Borough Council
with an estimate of cost along with a summary of the proceedings undertaken
by notices served upon the occupants, owners, operators or other agents, as
the case may be. The Borough Council may thereupon, by resolution, authorize
the demolition, correction of the defect or work necessary to place the premises
in proper condition and in compliance with this code. The enforcement official
or the Superintendent of Public Works, depending upon the volume of the work
to be performed, may thereafter proceed to have the work performed in accordance
with the resolution, at Borough expense, not to exceed the amount specified
in the resolution and shall, upon completion thereof, submit a report of the
moneys expended and costs to the Borough Council. After review of the report,
the Borough Council may approve the expense and costs, whereupon the same
shall become a lien against the premises, collectible as provided by law.
A copy of the resolution approving the expenses and costs shall be certified
by the Borough Clerk, whereupon the same shall be filed with the Tax Collector
of the Borough, who shall be responsible for the collection, and a copy of
the report and resolution shall be sent by certified mail, return receipt
requested, to the owner. The above remedy shall not be the exclusive remedy
available to the Borough, and the Borough may take other action that it deems
appropriate.
Any person affected by any order issued by the enforcement official
shall be given an opportunity to be heard by the Borough Council, provided
that a written request for a hearing is made to the Borough Clerk, and shall
specify in detail the reasons why the person affected believes the order of
the enforcement official was not justified. The Borough Council may affirm,
modify or revoke the order.
Whenever the enforcement official finds that an emergency exists which
requires immediate action to protect the public health or safety, the official
may, without notice of 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 the other provisions of this chapter,
such order shall be effective immediately but, upon petition to the Borough
Council, the owner shall be afforded a hearing as soon as possible. After
such hearing, depending upon his findings as to whether the provisions of
this chapter and of the rules and regulations adopted pursuant thereto have
been complied with, the Borough Council shall continue such order in effect
or modify it.
A.
The enforcement official may, upon receipt of a petition to determine fitness in accordance with § 81-4A, apply to the Municipal Judge of the Borough of Riverdale for a search warrant.
B.
The enforcement official may apply to the Municipal Judge
of the Borough of Riverdale for a search warrant to gain access to any structure
where he has probable cause to believe that a violation of this chapter is
occurring or where such inspections are required as part of a routine inspection
survey.
