[HISTORY: Adopted by the City Council of the City of Englewood 10-5-1978 by Ord. No.
2335 as §§ 13-76 to 13-81 of the
1978 Revised General Ordinances. Amendments noted where applicable.]
[Amended 2-21-1984 by Ord. No. 84-03]
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 accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
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 and any record holders of any lien against a building.
The Chief Inspector within the Division of Code Enforcement
within the Department of Public Safety of the City of Englewood.
A.
The public officer, as hereinabove defined, is hereby designated
to exercise the powers hereinafter prescribed by this chapter.
B.
Whenever a petition is filed with the public officer 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 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:
(2)
The owner and parties in interest shall be given the right to file
an answer to the complaint and to appear in person, through their
attorney, or otherwise, and give testimony and present evidence at
the place and time fixed in the complaint.
(3)
The rules of evidence prevailing in the courts shall not be controlling
in hearings before the public officer.
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:
(1)
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 times set forth
in the order; and
(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.
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, subject to Council authorization, or to be vacated and
closed and 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."
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 subject to Council authorization.
F.
The amount of the cost of the filing of legal papers, expert witness
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 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 Tax Collector, 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 judgement 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.
[Amended 2-21-1984 by Ord. No. 84-03]
(1)
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.
(2)
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 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.
Any building or buildings, or parts thereof, which have been
damaged to such an extent that nothing remains but the walls, or parts
of the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the City, and the municipality
may exercise its police powers to repair, demolish, or cause the repairing
or demolishing of the building or buildings, or parts thereof, pursuant
to the procedures set forth in this chapter.
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 a building which are dangerous or injurious to the health
or safety of the occupants of such buildings, the occupants of neighboring
buildings or other residents of the City of Englewood. Such conditions
shall be deemed to 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.
[Amended 2-21-1984 by Ord. No. 84-03]
Complaints or orders issued by a public officer pursuant to
this chapter shall be served upon parties in interest either personally
or by registered mail, 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 the 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.
[Amended 2-21-1984 by Ord. No. 84-03]
Any person aggrieved by an order by a public officer under this
chapter 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.
In addition to those powers hereinabove granted, the public
officer may 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:
A.
To investigate the building conditions in the City of Englewood in
order to determine which buildings therein are unfit for human habitation
or occupancy or use;
B.
To administer oaths, affirmations, examine witnesses and receive
evidence;
C.
To enter upon premises for the purpose of making examination, 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; and
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
