[HISTORY: Adopted by the Mayor and Council of the Borough
of South Plainfield 11-14-2016 by Ord. No. 2065. Amendments noted where applicable.]
Upon the adoption of a resolution by the governing body finding
that building conditions are such that a building is so old, dilapidated,
or has become so out of repair to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation or occupancy or use; is inimical
to the welfare and dangerous and injurious to the health and safety
of people; and that a public necessity exists for the repair, closing
or demolition of such building or buildings, or part thereof, the
Construction Official of the Borough is designated or appointed to
exercise the powers prescribed hereinafter.
Whenever a petition is filed with the Construction Official
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 Construction Official (on his
own motion) that any building is unfit for human habitation or occupancy
or use, the Construction Official 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 Construction Official (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 Construction Official.
If after such notice and hearing the Construction Official 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 requiring
the repair, alteration or improvement of the 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 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
the said order of removal.
A.
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 Construction Official may cause such building to be repaired,
altered or improved, or to be vacated and closed, and the Construction
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."
B.
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official 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.
A.
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 act determined in favor of the municipality,
and the cost of such repairs, alterations or improvements or vacating
and closing or removal or demolition, 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.
B.
If the building is removed or demolished by the Construction Official,
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 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. If the total of the credits exceeds
such costs, the balance remaining shall be deposited in the Superior
Court by the Construction 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. 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.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Construction Official may, after taking such measures as may be
necessary to make such building temporarily safe, seek a judgment
in summary proceedings for the demolition thereof.
