[HISTORY: Adopted by the Bloomfield Council 2-22-2000
by Ord. No. 00-02[1] (Ch. 159 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 149.
Fire prevention and protection — See Ch. 239.
Flood damage prevention — See Ch. 250.
Property maintenance — See Ch. 423.
Unfit buildings — See Ch. 601.
[1]
Editor's Note: This ordinance superseded former Ch. 159, Housing Standards,
adopted 9-7-1993.
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes hereof unless a different
meaning clearly appears from the context:
- BUILDING
- Any building or structure, or part thereof, used for human habitation.
- CONSTRUCTION CODE OFFICIAL
- Appointed by the governing body of the Township of Bloomfield.
- GOVERNING BODY
- The Mayor and Township Council of the Township of Bloomfield.
- OWNER
- The owner or owners in fee of the property or a lesser estate therein, a mortgagee or vendee in possession, as assignee or rents, receiver, executor, trustee, lessee or any other person, firm or corporation, directly or indirectly in control of building, structure or real property, and shall include any subdivision thereof of the state.
- PARTIES IN INTEREST
- All individuals, associations and corporations who have an interest of record in a building and any who are in actual possession thereof.
- PUBLIC AUTHORITY
- Any housing authority or any official who is in charge of any department or branch of the government of the Township of Bloomfield relating to health, fire, building regulation or to other activities concerning buildings in the Township of Bloomfield.
Whenever it shall be found that there exists in the Township of Bloomfield
buildings which are unfit for human habitation or occupancy or use due to
dilapidation, disrepair, structural defects increasing the hazards of fire,
accidents or other calamities, lack of adequate ventilation, light or sanitary
facilities or due to other conditions rending such building unsafe or unsanitary
and dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the resident, the Construction Code Official
shall, upon the filing of a petition by a public authority or by at least
five residents of the Township of Bloomfield charging that any building is
unfit for human habitation or occupancy or use, or if it shall appear to such
Construction Code Official, on his own motion, that any building is unfit
for human habitation or occupancy or use, make a preliminary investigation
or cause such preliminary investigation to be made concerning the basis of
such charges.
A.
Buildings shall be considered unfit for human habitation
or occupancy or use, within the meaning hereof, when one or more of the following
conditions are found to exist:
(1)
Condition of structure. The condition of the structure
is such as to make it unsafe or unsanitary through the presence of serious
safety hazards resulting from the need for repairs to the roof, walls, ceiling,
floors or stairs or through the presence of serious health hazards resulting
from continuous dampness or exposure brought about by neglect or dilapidation.
(2)
Water supply. Lack of potable running water within each
dwelling or lack of hot-water facilities available to each dwelling.
(3)
Sewerage system. No connection between plumbing fixtures
and adequate sewage disposal system.
(4)
Toilet facilities. No flush toilet fit for use in each
building.
(5)
Bath facilities. No bathtub or shower fit for use in
each dwelling.
(6)
Kitchen facilities. Lack of permanent, safe and reasonable
efficient kitchen facilities within each dwelling unit, including a sink with
running water and provision for a cooking stove; lack of utilities (gas or
electrical) supplied for cooking facilities.
(7)
Lighting facilities. Building inadequately wired for
electricity; lack of electrical services.
(8)
Heating facilities. Heating facilities inadequate or
unsafe.
(9)
Light and ventilation. Living room, bedroom or kitchen
with no windows or with windows opening on an air shaft; or toilet or bathroom
without adequate ventilation.
(10)
Unsecured building. Any building without adequate doors
or windows in place capable of being locked or otherwise secured to prevent
the unauthorized entrance into said building by any person.
If a preliminary investigation shall disclose to the Construction Code
Official a basis for the charges filed, he shall issue and cause to be served
upon the owner of and parties of interest in such building a complaint stating
the charges in that respect. Said complaint shall also contain a notice that
a hearing will be held before him at a place therein fixed not less than seven
days nor more than 30 days after the serving of said complaint.
The owner and parties in interest shall have the right to file an answer
to the complaint and to appear in person, by counsel or otherwise and give
testimony at the time and place fixed in the complaint. The rules of evidence
prevailing in courts of law or equity shall not be controlling in a hearing
before the Construction Code Official.
The Construction Code Official may determine that a building is unfit
for human habitation or occupancy or use if he 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 Township of Bloomfield. Such conditions may include,
without limiting the generality of the foregoing, defects increasing the hazards
of fire, accidents or other calamities, lack of adequate ventilation, light
or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness
and such other conditions as heretofore set forth.
When, after such notice and hearing, the Construction Code Official
determines that the building or portion thereof 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 the parties in interest an order requiring
the repair, alteration or improvement of the 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 or portion thereof
vacated and closed within the time set forth in the order.
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 may cause such building to be repaired, altered and improved
or to be vacated and closed. The Construction Code Official 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 occupation of this building is prohibited and unlawful."
The amount of the cost of such repairs, alterations or improvements
or vacating and closing or removal, when done by the Construction Code Official,
shall be a municipal lien against the real property upon which such cost was
incurred. Nothing in this section shall be construed to impair or limit in
any way the power of the Township of Bloomfield to define and declare nuisances
and to cause their removal or abatement by summary proceedings or otherwise.
The complaint or orders issued by the Construction Code Official, pursuant
to this chapter, shall be served upon persons either personally or by registered
mail, but if the whereabouts of persons is unknown and cannot be ascertained
by the Construction Code Official in the exercise of reasonable diligence,
the Construction Code Official 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 Township of Bloomfield
or circulated within the Township. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order. A copy of such complaint or order shall be duly recorded or lodged
for the record with the Essex County Register's office.
Remedies herein provided shall be exclusive remedies, and no person
affected by an order of the Construction Code Official shall be entitled to
recover any damage for action taken pursuant to any order of the Construction
Code Official or because of noncompliance by such person with any order of
the Construction Code Official.
In addition to the powers herein granted to the Construction Code Official,
he shall also have the following powers:
A.
To investigate the building conditions in the Township
of Bloomfield in order to determine which buildings therein are unfit for
human habitation or occupancy or use.
B.
To administer oaths and affirmations and examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making an examination,
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
The Township of Bloomfield, by resolution of the Mayor and Township
Council, may abate any nuisance, correct any defect or put the premises in
proper condition so as to comply with the requirements of any municipal ordinance
or state law applicable thereto, at the cost of the owner or lessor, expend
municipal funds for such purpose and charge the same against the premises,
and the amount thereof, as determined by the governing body of the Township
of Bloomfield, shall be a lien against the premises and collectible as provided
under the law.
The Township of Bloomfield, by resolution of the Mayor and Township
Council of the Township of Bloomfield, may appoint a custodian of any such
building or structure on behalf of the Township, who may be either an officer
of the municipality or any other person specially designated to enter into
and take charge of the premises and supervise abatement of the nuisance, the
correction of the defective condition or the maintenance of the premises in
a proper condition so as to conform to the requirements of the Township ordinances
and State laws applicable thereto. In any such case, the compensation of the
custodian shall be as provided in the resolution and the costs and expenses
shall be a lien against the premises and collectible as provided under the
law.
In the event that any owner of a building or structure in the Township
of Bloomfield shall violate this chapter or fail to abate a condition harmful
to the health and safety of the occupants of the building or structure and
the general public in the municipality after notice and opportunity so do,
the Construction Code Official designated by the governing body of the Township
of Bloomfield to administer and enforce this chapter may, by and with the
approval of the governing body of such municipality, bring an action in the
Superior Court for appointment of a receiver ex officio of the rents and income
of such real property for the purpose of collecting the rents and income from
such property and expend the same for the purpose of abating said conditions.
Said rents and income so collected by said receiver shall also be available
for the payment of such costs and expenses of the receivership, as may be
adjudged by the court, and for the payment to the municipality of any fines
or penalties which may have been imposed on the owner for violations of this
chapter and which have not been paid by the person liable therefor. The court
may proceed in the action in a summary manner or otherwise. Such receiver
shall not be required to give bond and shall be appointed only for the said
purposes.
Nothing in this chapter shall be construed to impair or limit in any
way the power of the Township of Bloomfield to define and declare nuisances
and to cause their removal or abatement, by summary proceeding or otherwise,
nor is anything in this chapter intended to limit the authority of the enforcing
agency or Construction Code Official under the State Uniform Construction
Code Act or any rules or regulation adopted thereunder.
Any person convicted of a violation of any of the provisions hereof by unlawfully removing any notice affixed to any building or by refusing to vacate any building, structure or premises or part thereof when lawfully ordered to vacate same shall, upon conviction, be punishable by a penalty as provided in § 1-15, General penalty, of this Code.
