[1997 Code § 148-1]
Any building, wall or structure which is or may become dangerous
to life or health or which may tend to extend a conflagration shall
be removed or destroyed, and the cost thereof shall be assessed as
a municipal lien against said premises.
[1997 Code § 148-2]
The Construction Official of the City shall be the officer whose
duty it shall be to file a written complaint with the City Council
concerning any building, wall or structure in said City which is or
may become dangerous to life or health or which might tend to extend
a conflagration.
[1997 Code § 148-3]
A.
Before any proceeding is taken pursuant to the provisions hereof
and pursuant to the complaint of the Construction Official, the City
Council shall, by resolution, cause notice of the contemplated removal
or destruction of any building, wall or structure to be given to the
owner or owners of any land affected thereby. Such notice shall contain
a description of the same, as well as a description of the manner
in which such removal or destruction is to be carried out, and a notice
that, unless such building, wall or structure is removed or destroyed
within 30 days after the service the such notice, the Council will
proceed with such removal or destruction or cause the same to be proceeded
with.
B.
Such notice may be served upon the owner or owners resident in the
City of Absecon City, in person or by leaving the same at his usual
place of residence with a member of this family above the age of 14
years. In case any such owner shall not reside in the City of Absecon
City, notice may be served upon him or her personally or by mail to
his or her last known post office address, or it may be served upon
the occupant of the property or upon the agent of the owner in charge
thereof. In the case the owner of any such property is unknown or
service cannot be made for any reason as above directed, notice thereof
shall be published at least once, not less than 30 days before the
proposed removal or destruction, in a newspaper circulating in the
City of Absecon City. There may be inserted in said advertisement
notice to the owner or owners of several different parcels of land.
Notice to infant owners or owners of unsound mind shall be served
upon their guardians. Where lands are held in trust, service shall
be made upon the trustee. Where lands are held by two or more joint
tenants, tenants in common or tenants by the entirety, service upon
one of such owners shall be sufficient and shall be deemed and taken
as notice to all.
C.
Proof of service of such notice shall be filed within 10 days thereafter
with the officer having charge of the record of tax liens in the City,
but failure to file the same shall not invalidate the proceedings
if service has actually been made as herein provided.
[1997 Code § 148-4]
When any such removal or destruction shall have been undertaken
and completed by the City of Absecon City, an accurate account of
the costs and expense thereof shall be kept by the officer of the
City in charge of such removal or destruction and filed with the City
Clerk. The City Council shall examine the same and, if the same if
properly made, shall confirm it and file such report with the City
Assessor, who shall assess the costs thereof as a municipal lien against
said premises.
[1997 Code § 148-5]
The Construction Official is hereby designated as the officer
charged with the supervision of the removal or destruction of any
building, wall or structure which is or may become dangerous to life
or health or which might tend to extend a conflagration.
[1997 Code § 148-6]
Any owner or owners or occupant or other person having any lien
or claim upon the premises on which is situate any such building,
wall or structure desiring to contest the right of the City to remove
or destroy any such building, wall or structure because he or she
contends it is not dangerous to life or health or might not tend to
extend a conflagration may file a written protest against such contemplated
removal or destruction with the City Clerk before the time has expired
in the notice as hereinabove provided setting forth his or her objection
and his or her post office address, in which case the City Clerk shall
present the matter to the City Council and to the Construction Official
of the City. The City Council shall thereafter or not less than 10
days' written notice mailed by the City Clerk to such person's
or persons' post office address designated in said written objection,
fix a time and place for the hearing of said objection. After such
hearing, the City Council shall either pass a resolution not to proceed
or to proceed with the destruction or removal of any such building,
wall or structure which is or may become dangerous to life or health
or which might tend to extend a conflagration. If the resolution is
to proceed with the destruction or removal, the Construction Official
shall, upon the expiration of the time prescribed in the original
notice hereinafter provided, proceed forthwith with the removal or
destruction of the same.
