City of Estell Manor, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
R.S. 52:27D-119 et seq. provides for the enforcement of New Jersey's uniform construction codes by the New Jersey State Department of Community Affairs, at the option of the municipality. The power to adopt a housing code by reference is contained in R.S. 40:49-5.1, et seq.
The New Jersey State Department of Community Affairs is hereby authorized to be the state uniform construction code enforcing agency for the City of Estell Manor and the city council is hereby authorized to adopt such resolutions as may be necessary to cooperate and implement the enforcement of the uniform construction code within the city.
Adoption of Code. In accordance with the provisions of R.S. 40:49-5.1, the "New Jersey State Housing Code" as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby adopted, and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the "New Jersey State Housing Code" is annexed and made a part of this section without the text being included herein.
Public Record. Three copies of the same have been placed on file in the office of the city clerk and are available to all persons desiring to use and examine the same.
Enforcement. A municipal housing officer, appointed by the city council annually, shall administer and enforce the provisions of this section. In addition, the housing officer shall be responsible for the issuance of certificates of occupancy in accordance with subsection 10-11.3(d) of this revision, and such other duties as may, from time to time, be designated by resolution of the city council.
Unfit Dwellings. The designated officer may determine that a dwelling is unfit for human habitation if he finds that conditions exist in the dwelling which are dangerous or injurious to the health and safety of the occupants of the dwelling, the occupants of neighboring dwellings or other residents of the city. These conditions may include the following (without limiting the generality of the foregoing); defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair, structural defects or uncleanliness.
Notice of Violation. Whenever a petition is filed with the designated official by a public authority as defined in R.S. 40:48-2.4, or by at least five residents of the city charging that any dwelling is unfit for human habitation as herein defined, or whenever it appears to the designated official (on his own motion) that any dwelling is unfit for human habitation, as herein defined, he shall, if his preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in the dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the designated official (or his designated agent) at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the time and place fixed in the complaints. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the designated official.
Order for Abatement or Demolition. If, after such notice and hearing, the designated official determines that the dwelling under consideration is unfit for human habitation, as herein defined, he shall state in writing his findings of fact in support of the determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
The repair, alteration or improvement of the building 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 to have the building vacated and closed within the time set forth in the order.
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in the order of removal.
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, the designated official may cause such building to be repaired, altered or improved, or to be vacated and closed. The designated official may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation, or occupancy or use; the use or occupation of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the building, the designated official may cause the building to be removed or demolished or any contract for the removal or demolition thereof after advertisement for, and receipt of bids therefor.
The amount of:
The cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this section shall be determined in favor of the city.
The cost of repairs, alterations or improvements, 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 materials derived from the buildings or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which the cost was incurred. If the building is removed or demolished by the designated official, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of 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 sum total of costs exceed the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the City Tax Assessor or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the city and shall be secured in such manner as may be directed by the 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 the Court. Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 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 or the accuracy of the costs set forth in the municipal lien certificate.
Serving of Complaints. Complaints or orders issued by the designated official pursuant to this section shall be served upon persons either personally or by registered mail, but if the whereabouts of the persons is unknown and the same cannot be ascertained by the designated official in the exercise of reasonable diligence, and the designated official shall make an affidavit to that effect, then the serving of the complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County of Atlantic. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of the complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the dwelling is located.
Conforming to Housing Code. No person shall occupy as owner or occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standards to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
Consent of City Council. Notwithstanding anything to the contrary contained herein, designated officials shall obtain the consent of the City Council by its resolution before undertaking repairs or removal of any property hereunder.
Adoption of Emergency Plan. The State of New Jersey 911 emergency number plan, established by the Office of Emergency Telecommunications Services pursuant to P.L. 1989, c. 3 (N.J.S.A. 52:17c-1 et seq.), and approved by the 911 Commission, be and hereby is adopted by reference.
System for Numbering Property. Each property of the City of Estell Manor required to be numbered shall be numbered in accordance with the current filed and certified Tax Map, approved by the City Council and further approved by the United States Postal Service for the purpose of establishing permanent house numbers to comply with the provisions of the 911 regulations.
Correct Assigned Number To Be Furnished to Owner or Occupant. The City Council, through the City Tax Assessor, shall furnish to the United States Post Office, as well as to the owner or occupant of every house, premises or property situate upon any highway, street or public place in the City of Estell Manor, a written copy of the correct number assigned to such house, premises or property.
Numbers To Be Displayed. Each owner or occupant shall, within 30 days after receiving each number, cause a printed, carved or cast copy of such number to be placed in a conspicuous place upon such house (if clearly visible and within 50 feet of the street) or at the driveway entrance in a permanent and durable manner. Each number shall be at least three inches high made of reflective material and shall be clearly visible from the public street providing main access to the property.
Violations and Penalties. Any owner or occupant who shall fail to comply with the provisions of this section shall be subject to a fine of not more than $50, and the jurisdiction as to the enforcement of this section shall be in the Municipal Court. Each day that the offense shall continue shall constitute a separate and new offense.
[Added 4-21-1999 by Ord. No. 0-2-99]
In accordance with N.J.S.A. 52:27D-126(e), no person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities therein. Additionally, a disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his own living unit.
[Added 4-21-1999 by Ord. No. 0-3-99]
In accordance with N.J.S.A. 40:55D-8e, a disabled person, or a parent or sibling of a disabled person, shall be exempt from the payment of any fee charged in connection with any application for development which promotes accessibility to his own living unit.
[Added 12-2-2009 by Ord. No. 08-2009]
Permitted Temporary Housing. Temporary housing is permitted in the City of Estell Manor based upon a permit issued by the Zoning Officer if the Zoning Officer finds that the owner/occupant of a single-family dwelling has been displaced as a result of the residence becoming uninhabitable due to damage caused by fire, natural disaster or other catastrophic event.
Other Conditions. Any applicant for a temporary housing permit must, in addition to meeting the criteria above, demonstrate the following:
Prove that all current property taxes are paid.
In the event that the temporary housing is based upon an uninhabitable residence due to fire, natural disaster, or other catastrophic event, that the applicant for the temporary use permit was the resident of the property at the time that it became uninhabitable;
The temporary use dwelling must be a minimum of 480 square feet and be in compliance with all current building codes and health regulations in effect at the time of the application for the temporary use permit.
The Zoning Officer shall issue a temporary housing permit for a period of six months, which term can be extended for an additional six months (total 12 months) based upon a written justification for the additional six months being presented to the Zoning Officer.
Any renewals or extension beyond a twelve-month period of time can only be approved by the Planning/Zoning Board of the City of Estell Manor in the form of a use variance.
Enforcement and Violations. Any property owner who violates the provisions contained herein including an act of establishing a temporary housing facility without complying with the provisions of Subsection 7-6.1 above, shall be subject to being cited for a violation of this section, which summons and violation notice shall be present to the Estell Manor Municipal Court. A penalty in the amount of $100 per day for a first offense and $250 per day for each subsequent offense is established.