[Adopted 10-14-2016 by Ord. No. 2015-16]
A.Â
N.J.S.A. 40:48-1(15) authorizes the governing body of every municipality
to make, amend, repeal and enforce ordinances to provide for the removal
or destruction of any building, wall or structure which is or may
become dangerous to life or health, or might tend to extend a conflagration;
and to assess the cost thereof as a municipal lien against the premises.
B.Â
N.J.S.A. 40:48-1.1 provides, in relevant part, that a municipality
may enforce the payment of an assessment for demolition costs, together
with interest, as a debt of the owner of the premises and may authorize
the institution of an action at law for the collection thereof.
C.Â
N.J.S.A. 40:48-2 provides, in relevant part, that a municipality
may make, amend, repeal and enforce ordinances to protect the public
health, safety and welfare. This statute is an express delegation
of police power to a municipality.
D.Â
N.J.S.A. 40:48-2.3 provides, in relevant part, that a municipality
is authorized to exercise police power relating to the repair, closing
and demolition of buildings unfit for human habitation or occupancy
or use.
E.Â
N.J.S.A. 40:48-2.3a provides, in relevant part, that a municipality
is authorized to exercise police power to repair or demolish a building
or part of a building that has been damaged to such an extent that
nothing remains but the walls and other supports, even though the
remaining walls or parts thereof are themselves safe and sturdy and
not a danger to health or safety.
F.Â
N.J.S.A. 40:48-2.5 preserves the power of municipalities to define
and declare nuisances and to cause their removal and abatement by
summary proceedings in accordance with the due process requirements
set forth in N.J.S.A. 40:48-2.3 through 40:48-2.12.
A.Â
The governing body of the municipality finds and declares that there
are dangerous, damaged and unfit structures within the community that
constitute a nuisance which require abatement or removal by summary
proceedings.
B.Â
These nuisance properties adversely affect the public health, safety
and welfare in a variety of ways, including the following:
(1)Â
They represent an attractive nuisance to children who can be injured
or killed when playing in them;
(2)Â
They are a haven for criminal activities which increase crime in
the neighborhood where these structures exist;
(3)Â
They adversely affect the quality of life of the residents living
in the neighborhood where they exist and undermine property values
of other structures in the neighborhood; and
(4)Â
They represent a fire hazard.
C.Â
It is the purpose and intent of these regulations to identify these
structures and provide for the timely demolition or rehabilitation
of these structures through summary proceedings.
The Construction Official is hereby designated as the public
officer authorized to exercise the powers prescribed by these regulations
and N.J.S.A. 40:48-2.3 et seq. The Borough Attorney is hereby designated
as the public officer authorized to prepare the complaint, notice
of hearing and other pleadings. The governing body of the Borough
is hereby designated as the public officer authorized to conduct the
hearings.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
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.
Any building or structure, or part thereof, which has been
damaged to such an extent that nothing remains but the walls, or parts
of the walls, and other supports, shall, regardless of the safety
and sturdiness of the remaining walls, or parts thereof, be deemed
inimical to the welfare of the Borough and shall be repaired or demolished
in accordance with the provisions of this article.
Any building or structure, or part thereof, which is dangerous
to human life or the public welfare or which constitutes a fire hazard
shall be removed or demolished in accordance with the provisions of
this article.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The officer, officers, board or body who is or are authorized
by these regulations to exercise the powers prescribed by these regulations
and by N.J.S.A. 40:48-2.3 et seq. Notwithstanding any other provisions
of law to the contrary, nothing shall prevent a municipality from
designating more than one public officer for different purposes as
provided by law.
The individual registered with the Borough as the representative
of the property owner. If the property owner is an LLC or a corporation,
the registered agent, president or managing partner of same are also
representatives of the owner upon whom service may be made.
Any construction artificially built up or composed of parts
joined together in some definite manner. A building or edifice of
any kind.
Any building or structure, or part thereof, which is unfit
for human habitation, occupancy or use due to the conditions set forth
herein shall be deemed inimical to the welfare of the residents of
the Borough and shall be closed, repaired or demolished in accordance
with the provisions of this article.
Standards for unfit structures. A public officer may determine
that a building is unfit for human habitation, occupancy or use if
he finds that conditions exist in the building which are dangerous
or injurious to the health or safety of the occupants of the building,
the occupants of neighboring buildings, or other residents of the
Borough. Such conditions shall include the following without limiting
the generality of the foregoing:
Defects therein increasing the hazards of accident, fire or
other calamities;
Dilapidation;
Disrepair or structural defects;
Lack of adequate light, sanitary facilities or ventilation;
Uncleanliness;
Failure to comply with the Property Maintenance Code; or
Failure to comply with the applicable health ordinances, rules
and regulations.
Whenever the Construction Official or his designee shall determine
that any building is a dangerous, damaged or unfit structure, he shall
file a report with the Borough Attorney which identifies the structure
and its condition. Upon receipt of the report, the Borough Attorney
shall prepare a complaint setting forth the location and condition
of the building and the remedy sought and a notice of hearing setting
forth the date, time and place of the hearing.
A.Â
The complaint and notice of hearing shall be served upon the property
owner or the property owner's representative and all parties in interest.
Service shall be made personally or by regular and certified mail,
return receipt requested, by mailing the complaint and notice of hearing
to their last known addresses. Service on either the property owner
or the property owner's representative shall be sufficient service;
service on both shall not be required.
B.Â
If the whereabouts of both the property owner and the property owner's
representative are unknown and cannot be ascertained in the exercise
of reasonable diligence, or if the whereabouts of a party in interest
cannot be ascertained in the exercise of reasonable diligence, then
service of the pleadings shall be made on such person as follows:
by publishing the complaint and notice of hearing once in the official
newspaper of the Borough; by posting the complaint and notice of hearing
in a conspicuous place on the building affected by the complaint;
and by recording the complaint and notice of hearing in the Camden
County Clerk's office.
A.Â
The Construction Official or his designee shall testify at the hearing
in connection with the complaint that was issued. The property owner
and any party in interest shall have the right to appear at the hearing
and testify, produce witnesses, and be represented by an attorney.
B.Â
If after the hearing the governing body of the Borough determines
that the building in question is a dangerous, damaged or unfit structure,
the governing body shall adopt a resolution stating its findings and
entering an order as follows:
(1)Â
The governing body may require the immediate closing of an unfit
structure; or
(2)Â
The governing body may require the repair of the structure within
a reasonable time, which time shall be set forth in the order; or
(3)Â
The governing body may require the demolition of the structure if
it is not economically feasible to repair the structure.
C.Â
A copy of the order shall be served on the property owner and all
parties in interest personally or by regular and certified mail, return
receipt requested, by mailing it to their last known addresses.
D.Â
If the whereabouts of both the property owner and the property owner's
representative are unknown and cannot be ascertained in the exercise
of reasonable diligence, or if any party in interest is unknown and
cannot be ascertained in the exercise of reasonable diligence, then
service of the order shall be made on such person as follows: by publishing
the order once in the official newspaper of the Borough; by posting
the order in a conspicuous place on the building affected by the order;
and by recording the order in the Camden County Clerk's office.
In the event that the property owner and all parties in interest
fail to comply with the order of the governing body of the Borough,
the Construction Official may proceed without further notice to enforce
the provisions of the order by such means as is necessary to carry
out the purpose and intent of the resolution, including, but not limited
to, the closing of the structure, the repair of the structure, or
the demolition of the structure at the expense of the Borough.
A.Â
The cost of closing, repairing or demolishing and removing the structure
shall constitute a municipal lien against the real property.
B.Â
The cost of legal services, expert witness fees, search fees and
advertising expenses incurred in the course of any proceeding shall
constitute a municipal lien against the real property.
C.Â
The public officer shall prepare a detailed statement of the costs
incurred, less any credits due, and file it with the Borough Clerk.
Thereafter, the governing body of the Borough shall adopt a resolution
certifying the total amount of the municipal lien. This resolution
shall be filed with the Tax Assessor and the Tax Collector, and a
copy of the resolution shall be mailed forthwith to the property owner
by regular mail and certified mail, return receipt requested.
D.Â
The owner or any party in interest may, within 30 days of the filing
date of the municipal lien certificate, institute a summary proceeding
in the Superior Court, Law Division, to contest the accuracy or reasonableness
of the costs set forth in the municipal lien certificate.
A.Â
When a complaint and notice of hearing have been served on the property
owner in accordance with the provisions set forth in this article,
the property owner is prohibited from transferring the property until
the final disposition of the legal proceedings and compliance with
any order issued by the governing body of the Borough.
B.Â
When a copy of the complaint and notice of hearing or order has been
duly recorded in the Camden County Clerk's Office, this filing shall
have the same force and effect as a notice of lis pendens.
Nothing in this article shall be interpreted to impair or limit
in any way the power of the Borough to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise, nor is anything in this article intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act or any rules or regulations adopted thereunder.
