[Adopted 1-7-1997 as §§ 13-10.3 to 13-10.12 of the 1996 Revised
General Ordinances]
Any structure in the City which is occupied by two or more families
as tenants and which, because of lack of repairs, because of a dilapidated
condition, because of lack of adequate ventilation, light or sanitary
facilities, or because of structural defects or uncleanliness, becomes
harmful to the health or safety of the occupants of the building or
structure, or of the general public, shall constitute a nuisance.
A.
Whenever the Board of Commissioners shall determine that any structure,
because of a lack of repair, because of a dilapidated condition, because
of lack of adequate ventilation, light or sanitary facilities, or
because of structural defects or uncleanliness, has become harmful
to the health or safety of the occupants or of the general public,
it shall file a complaint, in writing, with the Clerk of the City
setting forth the existing conditions pertaining to such structure.
The complaint shall state that, in the opinion of the Board Commissioners,
the condition complained of can be corrected or repaired or put in
proper condition to comply with the requirements of this article or
to comply with the requirements of any ordinance of the City or state
law applicable thereto. The complaint shall set forth in detail the
nature of the defect to be corrected or the repairs to be made.
B.
The Board of Commissioners shall forthwith, upon making and filing
of the complaint, proceed to consider the complaint and, if in the
judgment of a majority of its members it is deemed advisable and for
the best interest of the tenants occupying the structure, or of the
general public, that the structure described in the complaint be repaired,
the Board shall declare the structure harmful to the health or safety
of the occupants or of the general public by adoption of a resolution
instructing the City Clerk to give notice of the contemplated repairs
to the owner, lessor and agent of the structure to be affected thereby.
The notice shall contain a description of the property affected, sufficiently
definite in terms to identify it, as well as a description of the
manner in which the repairs are to be carried out. The notice shall
further contain a statement that unless the structure is repaired
within 30 days after the service of the notice, or such further time
as may be allowed by the Commissioners, giving due consideration to
the extent of the repairs required and the diligence prosecuted by
the owner in effecting them, the City will proceed with such repairs
in accordance with the statutes of the State of New Jersey, and will
charge the cost and expenses thereof as a municipal lien against the
premises. The notice may be served upon the owner, lessor and agent
personally or by mailing the same to the owner, lessor and agent at
his/her last known address by certified mail, or, if the owner, lessor
and agent have failed to register the premises with the Clerk and
have failed to designate an agent in respect to the premises who resides
in the City, or where such agent cannot be found at the address given
in the registration, service shall be made by posting the notice upon
the premises in a conspicuous place.
In the event that the owner, lessor or agent of the structure
fails to make repairs in compliance with the notice and within the
time stated therein, the Board of Commissioners shall file a resolution
with the Clerk and, immediately upon making and filing the resolution,
shall have full power and authority to effect the repairs. The resolution
shall state specifically how the structure shall be repaired and shall
provide that the City Clerk shall take action to ascertain the cost
of the repairs in accordance with the statutes.
When any such repairs shall have been undertaken, the Board
of Commissioners shall keep an accurate account of the cost and expenses
thereof and a true statement of the cost and expenses thereof under
oath or affirmation shall be filed by the Board with the Clerk, together
with a description of the structure and the name of the owner, lessor
or agent in charge thereof. The Board shall examine the account and,
if it is properly made, shall confirm it and file it, together with
the report of its confirmation, with the City Clerk who shall record
it in a book to be kept for that purpose. The cost and expenses so
incurred shall be a municipal lien against the premises and collected
as provided for in this article.
The Board of Commissioners may appoint a custodian of any such
structure on behalf of the City, who may either be an officer of the
City or any other person specifically designated, to enter and take
charge of the premises and supervise the abatement of the nuisance,
the correction of the defective condition or the maintenance of the
premises in a proper condition so as to conform to the requirements
of this article and state law applicable thereto. The custodian shall
be compensated for his/her services by an allowance of 5% of the income
derived from the structure, but his/her compensation shall in no event
be less than the hourly compensation rate of $5, and the compensation
shall be paid to the custodian by the City and be included in the
cost and expenses undertaken and outlined as provided in this article.
In the event that any owner of a structure in the City shall
violate this article, or fail to abate a condition harmful to the
health or safety of the occupants of the structure or of the general
public after notice and opportunity to do so, the custodian designated
by the Board of Commissioners, by and with the approval of the Commissioners,
may bring an action in the Superior Court to be appointed receiver
ex officio of the rents and income of such real property for the purpose
of collecting the rent and income from the property and expend the
same for the purpose of the abatement of the condition. In such event,
all of the provisions of N.J.S.A. 40:48-2.12h et seq.[1] shall apply.
[1]
Editor's Note: Repealed by L. 2003, c. 295.
Any property owner who desires to appeal from any action taken
by virtue of the provisions of this article, within 30 days from the
date of receiving notice of the proposed repairs of any such structure
of which they are owner, shall file an application in writing with
the City Clerk for review and revocation or modifications of such
action. The Board of Commissioners shall then grant the property owner
or owners a hearing, at such time and upon such notice as it shall
determine. The property owner or owners shall after such hearing be
notified, in writing, of the action taken by the Board and, within
five days from the date of mailing the notice of the action taken,
shall proceed to do the necessary acts to fully comply with the original
notice, as affirmed or modified.
The Clerk shall keep a book in which (s)he shall record and
file all proceedings required to be taken by virtue of the provisions
of this article.
All work in connection with repairing, altering and fireproofing
of any structure by virtue of the provisions of this article shall
be subject to the supervision of the Board of Commissioners.
Nothing contained in this article is intended to conflict with
the State of New Jersey Hotel and Multiple Dwelling Law (N.J.S.A.
55:13A-1 et seq.), and any amendments thereto, or with any regulations
promulgated thereunder pertaining to the construction and maintenance
of hotels and multiple dwellings.
