[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 8-22-2013 by Ord. No. 07:13-13. Amendments noted
where applicable.]
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purposes of this
chapter, unless a different meaning clearly appears from the context:
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 holder or holders of the title in fee simple.
Any officer in charge of any department of the Borough or
of the county or state relating to health, fire, building regulations
or to other activities concerning buildings in the Borough of Bellmawr.
The Construction Official of the Borough, the officer designated
to exercise the powers prescribed herein.[1]
B.
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the municipality charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the public officer on his own motion that
any building is unfit for human habitation or occupancy 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 will
be held before the public officer or his designated agent at a place
therein fixed not less than seven days nor more than 30 days after
the serving of said complaint that 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 place and
time fixed in the complaint and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
C.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
(1)
Requiring the repair, alteration or improvement of said 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 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 persons on or near the premises and the owner
fails to repair, alter or improve said building within the time specified
in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said order
of removal.
D.
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 public officer may cause such building to be repaired, altered
or improved, or to be vacated and closed, and the public officer 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."
E.
If the owner fails to comply with an order to remove or demolish
the building, 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.
F.
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 chapter determined in favor of the
municipality, and such cost of such repairs, alterations or 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 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 sum total of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and the amount so due
shall be filed with the Municipal 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
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the public officer, shall be secured in such 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; provided, however,
that nothing in this section shall be construed to impair or limit
in any way the power of the municipality 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 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 or the accuracy of the costs set forth in the municipal lien
certificate.
The public officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough of Bellmawr as a whole.
Such 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;
and uncleanliness.
The public officer shall have the following powers in addition
to others herein granted:
A.
To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation
or occupancy or use.
B.
To administer oaths and affirmations, examine witnesses and receive
evidence.
C.
To enter upon premises for the purpose of making examinations, provided
that such entry shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Any person who shall violate any of the provisions of this chapter
or any order promulgated hereunder shall, upon conviction, be punished
by a fine not to exceed $2,000 or imprisonment in the county jail
for a period not to exceed 90 days or a period of community service
not to exceed 90 days, or any combination thereof, and each violation
of any of the provisions of this chapter and each day that such violation
shall continue shall be deemed to be a separate and distinct offense.