[HISTORY: Adopted by the Board of Commissioners of the City of Union City 1-7-1997 as § 6-11 of the 1996 Revised General Ordinances. Amendments noted where applicable.]
The Health Officer, Construction Code Official or the Director of the Department of Public Works, or such subordinate officials as may be designated to act in his/her behalf, are hereby authorized and empowered to enter and to inspect each and every vacant lot in this City which has been vacant for a period of more than 30 days or any lot which may become vacant as a result of demolition.
When any lot has been vacant for a period of 30 or more days, or becomes vacant as a result of demolition, and the Health Officer, Construction Code Official or the Director of Public Works or his/her designee certifies that such lot constitutes a danger and a threat to the health, welfare or safety of persons in the area, a complaint shall be served upon the owner or parties in interest. The complaint shall contain:
A description of the premises.
Notice that a hearing will be held before the Health Officer, Construction Code Official, or the Director of Public Works or his/her designated agent at a time fixed not less than 10 days after service of the complaint. The notice shall state that the owner or parties in interest may file an answer no less than three days prior to the scheduled hearing and may appear in person.
Editor's Note: This ordinance also repealed original ordinance section 3, service of notice and orders, which immediately followed this section.
After the complaint, notice and hearing, the Health Officer, Construction Code Official, Director of Public Works or his/her designee shall determine whether a vacant lot under consideration constitutes a danger and a threat to the health, welfare or safety of persons in the area.
If positive determination is made, the Health Officer, Construction Code Official or Director of Public Works, or his/her designee, shall, within 15 days after the hearing, state, in writing, his/her findings of fact and support his/her determination. Within such fifteen-day period, an order to protect and secure the vacant lot against intrusion, garbage dumping, unlawful entry or unlawful use or use inimical to the public health, safety and/or welfare shall be issued and served on the owner and all parties in interest.
Within 30 days such lot shall be secured in the following manner:
The owner or parties in interest shall have removed therefrom all debris, ashes, rubbish, refuse, junk, slop, wood, papers or any other materials which are or may constitute a hazard to health, safety or welfare or be the cause of an accident from such vacant lot.
The owner or parties in interest shall protect and secure the lot by constructing a fence around the property.
Specifications for the fence shall be:
Maximum height shall be four feet on street frontage, except in commercial areas, which shall be six feet, and in the side and rear at the discretion of the Zoning Officer.
Fencing material shall be of galvanized metal.
Galvanized pipe for all line posts shall have a minimum two-inch outside diameter.
All terminal posts, gates, ends and corner posts shall have a minimum outside diameter of 2 1/2 inches.
All terminal posts shall be set in concrete footings, at a minimum of 30 inches in the ground.
All line posts shall be driven a minimum of 30 inches into the ground.
Fencing material shall be of minimum number nine-gauge galvanized wire with a two-inch mesh.
Coil spring shall be a minimum number seven-gauge wire to provide proper tension.
In no case should barbed wire, wood or similar materials dangerous to children be used.
It shall be the continuing responsibility of the owner or parties in interest to maintain the fence and protect the property as hereinabove set forth so long as same remains vacant.
Upon the failure of the owner or owners to protect the lot within the time period specified in § 244-6 herein, immediate notice shall be given by the Health Officer, Construction Code Official, Director of Public Works or his/her designee to the City Building Inspector. Upon receipt of such notice, the Building Inspector shall forthwith protect the property as hereinabove set forth.
The costs thereof shall be certified by the Director of Public Works to the Law Department for collection from the owner in whatever manner allowable under the law. In the alternative, the costs shall constitute a lien upon the property upon the filing of a notice of lien with the Hudson County Register of Deeds and Mortgages and a true copy thereof with the City Tax Collector.