[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 5-5-1964. Amendments noted where applicable.]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Borough of Washington
which are so old, dilapidated or have become so out of repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy or use is inimical to the welfare and dangerous and injurious
to the health and safety of the people of the Borough of Washington
and that a public necessity exists for the repair, closing or demolition
of such building or buildings or parts thereof.
For the purposes of this chapter, the terms used herein are
defined as follows:
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.
[Amended 12-23-1985 by Ord. No. 22-85]
The Mayor and Borough Council of the Borough of Washington.
The holder or holders of the title in fee simple.
All individuals, associations or corporations who have interests
of record in a building, and any who are in actual possession thereof.
The officer who is authorized under this chapter to exercise
the powers set forth under this chapter.
Whenever the Public Officer of the Borough of Washington, designated
herein, finds that there exists in the Borough of Washington any building
or buildings which are unfit for human habitation or occupancy or
use due to dilapidation; defects increasing the hazards of fire, accidents
or other calamities; lack of ventilation, light or sanitation facilities;
or other conditions rendering such building or buildings or part thereof
unsafe or unsanitary or dangerous or detrimental to the health or
safety or otherwise inimical to the welfare of the residents of the
Borough of Washington, the officer designated shall exercise the power
vested under the chapter and under its police powers to repair, close
or demolish, or cause to be repaired, closed or demolished, such building
or buildings, or part thereof, in the manner provided.
[Amended 12-23-1985 by Ord. No. 22-85]
The Zoning Officer is hereby designated and appointed as the
Public Officer to exercise the powers set forth in this chapter. The
Mayor and Borough Council may, by resolution, designate any other
person or persons to act in the place of the Zoning Officer.
[Amended 12-23-1985 by Ord. No. 22-85]
Whenever a petition is filed with said Public Officer by the
Health Officer, Health Inspector, Fire Chief or any other officer
in charge of any department of the municipality relating to health,
fire, building regulations or activities concerning buildings in the
Borough of Washington, or by at least five residents of the Borough
of Washington, charging that any building is unfit for human habitation
or occupancy or use, or whenever it appears to the Public Officer
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 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 Public
Officer.
If, after notice and hearing, said Public Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing the 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.
B.
If the building is in such 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 the reasonable time specified in the order of
removal.
If the owner shall fail to comply with the 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 a 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."
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.
[Amended 12-23-1985 by Ord. No. 22-85]
A.
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
Borough of Washington, and the cost of any repairs, alterations or
improvements or of 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, the leveling of the site,
the proceeds of any sale of such materials or any sum derived from
any contract for the removal or demolition of the building.
B.
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 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 such Court. 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 money or the accuracy of the costs set forth in the municipal lien
certificate.
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:
[Amended 12-23-1985 by Ord. No. 22-85]
A complaint or order issued by the Public Officer 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 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 shall be made by publishing the same once in a newspaper printed
and published in the Borough of Washington or, in the absence of such
newspaper, in one printed and published in Warren County and circulating
in the Borough of Washington. 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
for record with the Clerk of Warren County.
The Public Officer, or other official designated under this
chapter, may exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter,
including but not limited to the following powers, in addition to
the 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 and affirmations, examine witnesses and 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, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under the chapter to
such officers and agents as he may designate.
[Added 12-23-1985 by Ord. No. 22-85]
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Public Officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
[Added 12-23-1985 by Ord. No. 22-85]
Nothing in this chapter shall be construed to impair or limit
in any way the power of the Borough of Washington to define and declare
nuisances and to cause their removal and abatement by summary proceedings
or otherwise, nor is anything in this chapter intended to limit the
authority of the enforcing agency or Construction Official under the
State Uniform Construction Code Act. P.L. 1975, c. 217, N.J.S.A. 52:27D-119
et seq., or any rules or regulations adopted thereunder.
