[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 4-4-1940. Amendments
noted where applicable.]
Any building or part of any building, wall or other structure
which is or may become dangerous to life or health or which might
tend to extend a conflagration shall be destroyed and removed or made
safe and secure in accordance with the provisions of this chapter.
[Amended 7-24-1986 by Ord. No. 86-12]
Upon the filing of a written complaint with the Building Inspector of the Borough of Clayton, addressed to the Council of the Borough of Clayton, setting forth that any building or part of any building, wall or other structure in the Borough of Clayton, New Jersey, is dangerous to life or health or that any such structure by reason of its condition might tend to extend a conflagration, the Building Inspector shall cause such complaint to be entered on a docket to be kept by him under the title "Unsafe Buildings Docket," and it shall be the duty of the Building Inspector to make a personal examination and inspection of such building, wall or structure and to report thereon to the Council of the Borough of Clayton. If he shall, after such examination and inspection, report that such building, wall or structure is dangerous to life and health or might tend to extend a conflagration because of its condition, the Council of the Borough of Clayton shall cause a notice of the contemplated removal, destruction or securing of such building, wall or structure to be given to the owner of the land affected thereby, such notice to contain a description of the property affected, sufficiently definite in terms to identify the same, as well as a description in the manner in which such removal, destruction or securing is to be carried out, and a notice that unless such building, wall or structure is removed, destroyed, made safe or secured within 30 days after the service of such notice, the Borough will proceed with such removal, destruction or securing or cause the same to be proceeded with pursuant to the authority vested in the Council of the Borough of Clayton under Chapter 48 in Title 40 of the Revised Statutes of the State of New Jersey.
A.
Such notice may be served upon the owner or owners residing in the
Borough of Clayton in person or by leaving the same at their usual
place of residence with a member of their family above the age of
14 years. In case any such owner shall not reside in the Borough of
Clayton, notice may be served upon him, her or it personally or mailed
to such owner at his, her or its last known post office address, or
it may be served upon the occupant of the property, or upon the agent
of the owner in charge thereof. In case the owner of any such property
is unknown or service cannot for any reason be made as above directed,
notice thereof shall be published at least once, not less than 30
days before the proposed removal or destruction, in a newspaper circulating
in the Borough of Clayton. There may be inserted in said advertisement
notice to the owner or owners of several different parcels of land.
B.
Notice to an infant owner or owners or owners of unsound mind shall
be served upon their guardians.
C.
Where lands are held in trust, service shall be made upon the trustee.
D.
Where lands are held by two or more joint tenants, tenants in common,
or tenants by the entirety, service upon one of such owners shall
be sufficient and shall be deemed and taken as notice to all.
E.
Proof of service of such notice shall be filed within 10 days thereafter
with the officer having charge of the recording of tax liens in the
Borough of Clayton, but failure to file the same shall not invalidate
the proceedings if service has actually been made as herein provided.
[Amended 7-24-1986 by Ord. No. 86-12]
A.
If such building, wall or structure is not removed, destroyed, made
safe or secured by the owner or owners thereof within 30 days after
the service of such notice, the Council of the Borough of Clayton
shall authorize and direct the Building Inspector to cause the removal,
destruction or securing of such building, wall or structure; provided,
however, that any such owner or owners, who shall deem such building,
wall or structure to be safe and not dangerous to life or health,
or might not tend to extend a conflagration, may, within 30 days after
service of such notice, file with the Clerk of the Borough of Clayton
a demand in writing for a hearing, and the Council of the Borough
of Clayton shall thereupon fix a time and place at which such owner
or owners shall show cause why such building, wall or structure is
not dangerous to life or health or might not tend to extend a conflagration,
at which time and place such owner or owners shall be heard in person
or by an attorney at law, and may produce evidence in his, her or
their behalf.
B.
If after such hearing the Council of the Borough of Clayton shall
determine that such building, wall or structure is dangerous to life
or health or might tend to extend a conflagration, a notice of such
determination shall be given to such owner or owners or the attorney
at law who appeared in his, her or their behalf together with a notice
that, unless such building, wall or structure is removed, destroyed,
made safe or secured within 10 days after the service of such determination,
the Council of the Borough of Clayton shall proceed with the removal,
destruction or securing of such building, wall or structure, and the
Council of the Borough of Clayton shall authorize and direct the Building
Inspector to cause the removal, destruction or securing of such building,
wall or structure upon the expiration of 10 days after service of
such notice of determination.
[Amended 7-24-1986 by Ord. No. 86-12]
When any such removal, destruction or securing shall be undertaken
and completed by the Borough of Clayton, an accurate account of the
costs and expenses thereof shall be kept and a true statement under
oath or affirmation shall be filed by the Building Inspector with
the Clerk of the Borough of Clayton. The Council shall thereupon examine
the same and if the same is properly made shall confirm it and file
such report with the Borough Clerk who shall record the same in the
minute book of the municipality.
[Amended 7-24-1986 by Ord. No. 86-12]
Any costs, expenses or disbursements incurred in the removal,
destruction or securing of any such building, wall or structure may
be assessed as a municipal lien against said premises; such assessment
shall be made in the same manner as improvement assessments are now
made, and the Borough of Clayton may institute an action at law against
such owner or owners to recover the costs thereof. The remedy by action
at law shall be in addition to the right to assess a municipal lien
against said premises.
