[HISTORY: Adopted by the Council of the Borough of Milford 9-2-2014 by Ord. No.
818-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure or part thereof, whether used for human habitation
or otherwise, and includes any appurtenances belonging to or usually
enjoyed therewith.
Any building or structure or part thereof used and occupied
for human habitation or intended to be so used, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
The New Jersey State Construction Official for the Borough
of Milford is hereby designated and appointed to exercise the powers
prescribed by this chapter.
The holder of the title in fee simple.
All individuals, associations and corporations who have an
interest of record in a dwelling, and any who are in possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough of Milford,
County of Hunterdon or State of New Jersey relating to health, fire
or building regulations or to other activities concerning dwellings
in the Borough of Milford.
Any building which is wholly or partly used or intended to
be used for living and/or sleeping quarters by human occupants.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 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 accepted, 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 to this chapter,
and three copies of the same have been placed on file in the office
of the Milford Borough Clerk and are available to all persons desiring
to use and examine the same.
The Construction Official and/or other designated enforcement
officer of the Borough of Milford be and he or she is hereby designated
as the officer to exercise the powers prescribed by the within chapter,
and he or she shall serve in such capacity without any additional
salary.
The enforcement officer shall have the authority to exercise
all powers authorized in N.J.S.A. 40:48-2.3 et seq. and all powers
necessary or convenient to carry out and effectuate the purposes and
provisions of that Act, including but not limited to the power:
A.
To investigate the dwelling conditions in the municipality of the
Borough of Milford in order to determine which dwellings therein are
unfit for human habitation 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 entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Whenever a petition is filed with the Construction Official
and/or enforcement officer by a public authority, as defined in N.J.S.A.
40:48-2.4, or by at least five residents of the municipality charging
that any dwelling is unfit for human habitation or use as herein defined,
or whenever it appears to the Construction Official and/or enforcement
officer (on his or her own motion) that any dwelling is unfit for
human habitation, as herein defined, he or she shall, if his or her
preliminary investigation discloses a basis for such charges, issue
and cause to be served upon the owner of and parties in interest in
such dwelling a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the Construction
Official and/or enforcement officer (or his or her designated agent)
at a place therein fixed not less than 10 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 time
and place fixed in the complaints; and that the rules of evidence
prevailing in courts of law or equity shall not be controlling in
hearings before the Construction Official and/or enforcement officer.
Complaints or orders issued by the Construction Official and/or
enforcement officer pursuant to this chapter shall be served upon
persons either personally or by registered mail, but if the whereabouts
of such persons is unknown and the same cannot be ascertained by said
Construction Official and/or enforcement officer in the exercise of
reasonable diligence, and the said Construction Official and/or enforcement
officer shall make an affidavit to that effect, then the serving of
such 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 Borough of Milford or, in the absence of such
newspaper, one printed in Hunterdon County and circulated in the Borough
in which the buildings are located. A copy of such complaint or order
shall be posted in a conspicuous place on the premises affected by
the complaint or order, and a copy of such complaint or order shall
be duly recorded or lodged for record with the County Clerk of Hunterdon
County.
A.
The enforcement officer shall investigate the habitability of any
building within the Borough whenever he deems it necessary to do so
or whenever a petition is filed by at least five residents of the
Borough charging that the building is unfit for human habitation.
B.
If the enforcement officer's preliminary investigation discloses
a basis for such charges, a complaint shall be served upon the owner
of and parties in interest in such building stating the charges and
containing the notice that a hearing will be held.
C.
The enforcement officer shall hold a hearing on the complaint not
more than 30 days nor less than 10 days after service. The owner and
party in interest shall have the right to file an answer to the complaint
and to appear in person or otherwise and give testimony. Formal rules
of evidence shall not apply.
D.
Findings and orders. If, after notice and hearing, the enforcement
officer finds that the building under consideration is unfit for human
habitation, the enforcement officer shall issue findings of facts
in support of such determination and shall cause to be served upon
the owner thereof and parties in interest an order stating:
(1)
Repairs, alterations or improvements of said building 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 times set forth in the order.
(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.
E.
Failure to comply with order of the enforcement officer.
(1)
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 enforcement officer may cause such building to be repaired, altered
or improved or to be vacated and closed. The enforcement 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."
(2)
If the owner fails to comply with an order to remove or demolish
the building, the enforcement officer, with the consent of the Borough
Council, 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.
Demolition or correction of defects by Borough; recovery of costs.
Where demolition, correction of a defect in the premises or work necessary
to place the premises in a proper condition so as to conform to ordinances
of the Borough or applicable laws of the State of New Jersey requires
expending Borough moneys, the enforcement officer shall present to
the Borough Council a report of work proposed to be done to accomplish
the foregoing with an estimate of cost along with a summary of the
proceedings undertaken by notices served upon the occupants, owners,
operators or other agents, as the case may be. The Borough Council
may thereupon, by resolution, authorize the demolition, correction
of the defect or work necessary to place the premises in proper condition
and in compliance with this chapter. The enforcement officer or the
Commissioner of Public Works, depending upon the volume of work to
be performed, may thereafter proceed to have the work performed in
accordance with the resolution, at Borough expense, not to exceed
the amount specified in the resolution, and shall, upon completion
thereof, submit a report of the moneys expended and costs to the Borough
Council. After review of the report, the Borough Council may approve
the expense and costs, whereupon the same shall become a lien against
the premises, collectible as provided by law. A copy of the resolution
approving the expenses and costs shall be certified by the Borough
Clerk, whereupon the same shall be filed with the Tax Collector of
the Borough. The above remedy shall not be the exclusive remedy available
to the Borough, and the Borough may take other action that it deems
appropriate.
A.
The amount of the costs of the filing of any legal papers, expert
witness fees, search fees, public notices, advertising charges incurred
in the course of any proceeding taken under this chapter determined
in favor of the Borough, and the cost of any repairs, securing of
the property, alterations or improvements, or vacating and closing,
or removal or demolition, if any, shall be a municipal lien against
the real property upon which such cost was incurred.
B.
If the dwelling is removed or demolished by the enforcement officer,
he shall sell the materials of such dwelling and shall credit the
proceeds of such sale against the cost of the removal or demolition,
and any balance remaining shall be deposited in the Superior Court
by the Construction Code Official, 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 chapter shall be construed to impair or limit
in any way the power of the Borough of Milford to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise.
A.
Upon final determination of a violation of the provisions of this
chapter, the Construction Code Official and/or enforcement officer
shall deliver a certified copy thereof and of the notice to the Borough
Clerk, and the Borough Clerk and/or the Tax Assessor shall place the
same on record as a lien against the property described therein. It
shall also be the duty of the Construction Code Official and/or enforcement
officer to file such other and further certificates as to work done
and amounts due and/or paid as the circumstances may require.
B.
A detailed statement of the aforesaid costs set forth in § 128-8, infra, and the amount so due shall be filed with the Milford Borough 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. All matters relating to the cost of repairs, alterations or improvements or vacating and closing or removal or demolition, if any, shall be controlled by the provisions of N.J.S.A. 40:48-2.5.
Upon failure of the owner of the premises found in violation
of this chapter to remedy the conditions existing in violation of
the requirements hereof within 30 days after mailing or personal service
of notice to do so, then the Construction Code Official and/or enforcement
officer shall proceed to have such conditions remedied, and the cost
thereof shall be and become a lien against such property to the same
extent and character as a lien for real estate taxes and with the
same penalties and interest and with the same rights of collection,
foreclosure, sale and forfeiture as obtained for tax liens.
A building shall be deemed unfit for human habitation if 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. 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; uncleanliness; failure to comply with
the requirements of the Building Code or the certificate of occupancy.
The enforcement officer shall use the New Jersey State Housing Code
as a reference in determining habitability. (See also N.J.A.C. 5:23-2.32
et seq. as to unsafe structures.)
If, after such notice and hearing as set forth in § 128-5, the Construction Code Official determines that the dwelling under consideration is unfit for human habitation, 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 as follows:
A.
If the repair, alteration or improvement of the said dwelling can
be made at a cost not in excess of 50% of the value of the dwelling,
said Construction Code Official shall require the owner within a period
of not more than 90 days to repair, alter or improve the said dwelling
to render it fit for human habitation or, at the option of the owner,
to vacate and close the dwelling as a human habitation; or
B.
If the repair, alteration or improvement of the said dwelling cannot
be made at a cost of not more than 50% of the value of the said dwelling,
the said Construction Code Official shall make an order requiring
the owner, within a period of not more than 90 days from the date
of such order, to remove or demolish such dwelling.
If the owner fails to comply with the order to repair, alter
or improve or, at the option of the owner, to vacate and close the
dwelling, the Construction Code Official may cause such dwelling to
be repaired, altered or improved or to be vacated and closed. The
Construction Code Official may cause to be posted on the main entrance
of any such dwelling so closed a placard with the following words:
"This building is unfit for human habitation. The use or occupation
of this building for human habitation is prohibited and unlawful."
If the owner fails to comply with any such order to remove or
demolish the dwelling house, the Construction Code Official may cause
such dwelling to be removed or demolished.
Whenever the enforcement officer finds that an emergency exists
which requires immediate action to protect the public health or safety,
the officer may, without notice of hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately, but, upon petition to the Borough Council, the owner
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this chapter
and of the rules and regulations adopted pursuant thereto have been
complied with, the Borough Council shall continue such order in effect
or modify it.
Any person affected by any order issued by the enforcement officer
shall be given an opportunity to be heard by the Borough Council,
provided that a written request for a hearing is made to the Borough
Clerk, and shall specify in detail the reasons why the person affected
believes the order of the enforcement officer was not justified. The
Borough Council may affirm, modify or revoke the order.
Any person aggrieved by an order issued by the Construction
Code Official and/or enforcement officer under this chapter may, within
60 days after the posting and service of such order, bring an action
for injunctive relief to restrain the Construction Code Official from
carrying out the provisions of the order and for any other appropriate
relief. The Court may proceed in the action in a summary manner or
otherwise. The remedy herein provided shall be exclusive, and no person
affected by an order of the Construction Code Official shall be entitled
to recover any damages for action taken pursuant thereto or because
of noncompliance by any person with any order of the Construction
Code Official.
A.
The enforcement officer may, upon receipt of a petition to determine fitness in accordance with § 128-7, apply to the Municipal Judge of the Borough of Milford for a search warrant.
B.
The enforcement officer may apply to the Municipal Judge of the Milford
Borough Municipal Court, or other court of competent jurisdiction,
for a search warrant to gain access to any structure where he has
probable cause to believe that a violation of this chapter is occurring
or where such inspections are required as part of a routine inspection
survey.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the courts or any department of the Borough of Milford
to enforce any provisions of its charter or its ordinances or regulations
or to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred by any other law.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
imprisonment in the county jail for a term not exceeding 90 days,
or a period of community service not exceeding 90 days, or any combination
thereof as determined by the Municipal Court Judge. Each day on which
a violation of this chapter exists shall be considered a separate
and distinct violation and shall be subject to imposition of a separate
penalty for each day of the violation as the Municipal Court Judge
may determine.
