[HISTORY: Adopted by the Borough Council of the Borough of
Eatontown 2-27-2013 by Ord. No. 01-2013. Amendments noted where applicable.]
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 outhouses and
appurtenances belonging thereto or usually enjoyed therewith.
The Borough Council of the Borough of Eatontown.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interest
of record in a building and any who are in actual possession thereof.
The Eatontown Construction Official or Code Enforcement Officer.
The Construction Department of the Borough of Eatontown.
A.
Whenever a petition is filed with the Public Officer by at least
five residents of the Borough of Eatontown charging that any building
is unfit for human habitation or occupation or use or whenever it
appears to the Public Officer (on his own motion) that any building
is unfit for human habitation or occupation 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 a hearing shall be held before
the Mayor and Council at a place therein fixed not less than seven
days or more than 30 days after the serving of said complaint; that
the owner and parties in interest shall be given the right to file
and answer to the complaint and appear in person, or otherwise, and
give testimony at the place and time fixed in the complaint; and that
the rules of evidence prevailing in the courts shall not be controlling
in the hearings before the Mayor and Council.
B.
If, after such notice and hearing, the Mayor and Council determine
that the building under consideration is unfit for human habitation
or occupancy or use, the governing body by resolution shall set forth
its findings of fact in support of such determination and shall have
the Construction Official or designee issue and cause to be served
upon the owner thereof and parties in interest an order:
(1)
Requiring the repair, alteration or improvement of the said building
or buildings 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 time
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 the persons on or near the premises, and
the owner fails to repair, alter or improve the said building within
the time specified in the order, then the owner shall be required
to remove or demolish the said building within a reasonable time as
specified in the said order of removal.
C.
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 or
buildings, the Public Officer may cause such building to be repaired,
altered or improved or to be vacated and closed; the Public Officer
may cause to be posted on the main entrance of any building so closed,
a placard with the following: "This building is unfit for human habitation
or occupancy or use; the use or occupation of this building is prohibited
and unlawful."
D.
If the owner fails to comply with an order to remove or demolish
the building or buildings, the Public Officer may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement for, and receipt of, bids therefor.
E.
The amount of the costs of the filing of legal papers, expert witness
fees, search fees and advertising charges, incurred in the course
of any proceedings taken under this act determined in favor of the
Borough of Eatontown and such cost of such repairs, alterations, 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 the 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 total sum of such cost exceeds the total
of such credits, a detailed statement of the aforesaid costs and amount
so due shall be filed with the Municipal Tax Assessor or other custodian
of records of tax liens, and a copy thereof shall be forthwith forwarded
to the owner and parties of interest by certified mail, return receipt
requested. If the total of the credits exceeds such cost, the balance
remaining shall be deposited in the Superior Court by the Public Officer,
shall be secured in such a manner as may be directed by such court
and shall be disbursed according to the order or judgment 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 of the accuracy of the cost set forth in the municipal
lien certificate.
F.
If any 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 demolition thereof.
G.
Nothing in this section shall be construed to impair or limit in
any way the power of the Borough of Eatontown to define and declare
nuisances and to cause their removal or abatement or summary proceedings
or otherwise, nor is anything in this act in this chapter intended
to limit the authority of the enforcing agency or Construction Official
under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119
seq., or any rules or regulations adopted thereunder.
