[HISTORY: Adopted by the Board of Commissioners
of the Village of Ridgefield Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-25-1972 (Ch. 85, Art. I, of the 1985
Code)]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any building or structure or part thereof, whether used for
human habitation or otherwise, including any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
The holder 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 housing authority or any officer who is in charge of
any department or branch of the government of the Village, county
or state relating to health, fire, building regulations or to other
activities concerning buildings in the Village.
The Commissioner in charge of the Building Department
is hereby designated as the public officer to exercise the powers
prescribed by this article.
[Amended 3-26-1985 by Ord. No. 6-85]
Whenever a petition is filed with the public
officer by a public authority or by at least five residents of the
Village charging that any dwelling is unfit for human habitation or
whenever it appears to the public officer that any dwelling is unfit
for human habitation, 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 dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the public officer at a place therein
fixed not less than seven days nor more than 30 days after the serving
of such complaint. The owner and parties in interest shall have 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.
The rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the public officer.
If, after notice and hearing as provided in
the preceding section, 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:
A.
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 the building vacated and closed within the time
set forth in the order; and
B.
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 the building within
the time specified in the order, then the owner shall be required
to remove or demolish the building within a reasonable time as specified
in the 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 dwelling, the public officer may cause such dwelling
to be repaired, altered or improved or to be vacated and closed. The
public officer may cause to be posted on the main entrance of any
dwelling so closed a placard with the following words: "This building
is unfit for human habitation. The use or occupation of this building
for human habitation is prohibited and unlawful."
A.
If the owner fails to comply with an order pursuant
to this article to remove or demolish a 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.
B.
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.[1]
C.
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, nor is anything in this act 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.[2]
[Amended 3-26-1985 by Ord. No. 6-85]
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 article
determined in favor of the Village, 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 sale of 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 Village Tax Assessor,
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 the amount or the accuracy of the costs set forth in the municipal
lien certificate.
The public officer may determine that a dwelling
is unfit for human habitation if he finds that conditions exist in
such dwelling which are dangerous or injurious to the health or safety
of the occupants of such dwelling, the occupants of neighboring dwellings
or other residents of the Village. Such conditions shall include but
not be limited to the following: defects therein increasing the hazards
of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair, structural
defects or uncleanliness.
[Amended 3-26-1985 by Ord. No. 6-85]
Complaints or orders issued by the public officer
pursuant to this article 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 Village or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
Village. 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.
The public officer is hereby authorized to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this article, including but not limited
to the following powers in addition to others herein granted:
A.
To investigate the dwelling conditions in the Village
in order to determine which dwellings therein are unfit for human
habitation.
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
article.
E.
To delegate any of his functions and powers under
this article to such officers and agents as he may designate.
[Amended 3-26-1985 by Ord. No. 6-85]
Any person aggrieved by an order issued by the
public officer under this article may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the public officer from carrying out the provisions of the
order and for any other appropriate relief. The court may proceed
in the action in a summary manner or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action
taken pursuant thereto or because of noncompliance by any person with
any order of the public officer.
[Adopted 4-25-1972 (Ch. 85, Art. II, of the 1985 Code)]
Any building, wall or structure which is or
may become dangerous to life or health or which might tend to extend
a conflagration shall be removed or demolished by the owner of the
land on which such building, wall or structure is located.
In the event any owner of land shall fail to
remove or demolish any building, wall or structure which is or may
become dangerous to life or health or which might tend to extend a
conflagration, the Construction Official shall cause to be served
upon the owner of the land affected thereby a notice to remove or
destroy the same as provided by law, and unless such building, wall
or structure is removed or destroyed within 30 days after service
of such notice, the Village may proceed with such removal or destruction
or cause the same to be proceeded in the manner provided by law, at
the cost and expense of the owner of such land, and assess the cost
and expense upon the land pursuant to Subsection 15 of N.J.S.A. 40:48-1.
