[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.]
[Amended 5-21-2013]
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.
A description of the premises.
B.
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.
[Amended 5-21-2013[1]]
[1]
Editor's Note: This ordinance also repealed original ordinance
section 3, service of notice and orders, which immediately followed
this section.
[Amended 5-21-2013]
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.
[Amended 5-21-2013]
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:
A.
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.
B.
The owner or parties in interest shall protect and secure the lot
by constructing a fence around the property.
(1)
Specifications for the fence shall be:
(a)
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.
[Amended 5-21-2013]
(b)
Fencing material shall be of galvanized metal.
(c)
Galvanized pipe for all line posts shall have a minimum two-inch
outside diameter.
(d)
All terminal posts, gates, ends and corner posts shall have
a minimum outside diameter of 2 1/2 inches.
(e)
All terminal posts shall be set in concrete footings, at a minimum
of 30 inches in the ground.
(f)
All line posts shall be driven a minimum of 30 inches into the
ground.
(g)
Fencing material shall be of minimum number nine-gauge galvanized
wire with a two-inch mesh.
(h)
Coil spring shall be a minimum number seven-gauge wire to provide
proper tension.
(2)
In no case should barbed wire, wood or similar materials dangerous
to children be used.
C.
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.
A.
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.
[Amended 5-21-2013]
B.
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.
