[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale 3-23-1963
as Ord. No. 251-63 (Ch. 30 of the 1969 Code). Amendments
noted where applicable.]
The following words, terms or phrases shall have the following respective
meanings for the purposes of this chapter:
Any building and structure or part thereof, whether used for human
habitation or otherwise, and includes any outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
The Council or other legislative body charged with governing the
municipality.
The holder or holders of title in fee simple.
All individuals, associations who have interests of record in a building
or any who are in actual possession thereof.
Any officer who is in charge of any department or branch of the government
of the municipality, county or state relating to health, fire, building regulations
or to other activities concerning buildings in a municipality.
The officer, officers, board or body who is or are authorized by
this chapter to exercise the powers described herein.
A.
The Councilman appointed as Chairman of the Planning
and Health Committee and the Councilman appointed as Chairman of the Public
Safety Committee are hereby designated as the public officer to exercise the
powers prescribed herein.
B.
Whenever a petition is filed with the public officer
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 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 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 service 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 to 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 public officer.[1]
C.
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 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 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.
D.
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, and the public officer 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."
E.
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.
F.
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 municipality 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 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 Municipal
Tax Assessor or other custodian of the records of tax liens, 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 Court to the persons found to be entitled thereto by final
order or judgment of the 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
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 the accuracy of the costs set forth in the municipal lien certificate.[2]
The public officer 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 such municipality. 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.
Complaints or orders issued by a public officer 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 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.
The public officer shall 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 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 and affirmations, to examine witnesses
and to receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers and agents
as he deems necessary to carry out the purposes of the chapter.
