[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 10-23-1973 by Ord.
No. 73-8. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 150.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Whenever a petition is filed with the Building Inspector by
a public authority or by at least five residents of the Borough of
Kenilworth or by the Mayor and Council of the Borough of Kenilworth
charging that any building is unfit for human habitation or occupancy
or use, or whenever it appears to the Building Inspector (on his own
motion) that any building is unfit for human habitation or use, the
Building Inspector 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 such Building Inspector 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 Building Inspector.
If, after such notice and hearing, the Building Inspector 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 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 times set forth in the order.
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 if 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 order of removal.
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 Building Inspector may cause such building to be repaired,
altered or improved, or to be vacated and closed, and the Building
Inspector 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."
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 chapter determined in favor of the
Borough and the 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, including
the clearance and, if necessary, leveling of the site, shall be a
municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished by the Building
Inspector, he shall sell the materials of such building. There shall
be credited against the cost of the removal or demolition thereof
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,
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 Building
Inspector, shall be secured in such manner as may be directed by the
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 Borough of Kenilworth to define and declare nuisances and to
cause their removal or abatement by summary proceedings or otherwise.
B.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Building Inspector may determine that a building is unfit
for human habitation or use if he finds that conditions exist which
are dangerous or injurious to the health or safety of the occupants
of such building, the occupants of neighboring buildings or other
residents or the Borough of Kenilworth. 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; and failure to comply
with the requirements of the building code or certificate of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Complaints or orders issued by the Building Inspector pursuant
to this chapter shall be served upon persons either personally or
by registered mail, but if the whereabouts of such persons are unknown
and same cannot be ascertained by the Building Inspector in the exercise
of reasonable diligence and the Building Inspector 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 in a newspaper printed
and published in the Borough of Kenilworth or, in the absence of such
newspaper, in one printed and published in the County of Union and
circulating in the Borough of Kenilworth. A copy of such complaint
or order shall be posted in a conspicuous place on premises affected
by the complaint or order. A copy of such complaint or order shall
be duly recorded or lodged for record with the Register of Deeds for
Union County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The Building Inspector is authorized to exercise such powers as may be necessary and convenient to carry out and effectuate the purposes and provisions of Chapter 112 of the Laws of the State of New Jersey of 1942 [1]and of this chapter, including the following powers in
addition to others herein granted:
(1)
To investigate
the building conditions in the municipality in order to determine
which buildings therein are unfit for human habitation or occupancy
or use;
(2)
To administer
oaths, affirmations, examine witnesses and receive evidence;
(3)
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;
(4)
To appoint
and fix the duties of such officers, agents and employees as he deems
necessary to carry out the purposes of the ordinances; and
(5)
To delegate
any of his functions and powers under the ordinance to such officers
and agents as he may designate.
[1]
Editor's Note: See N.J.S.A. 40:48-2.5.
B.
Any action
taken using revenues derived from the local property tax shall be
taken only after advertisement for, and receipt of, bids therefor,
pursuant to the provisions of the "Local Public Contracts Law," P.L.
1971, c. 198 (N.J.S.A. 40A:11-1 et seq.), unless the action is necessary
to prevent imminent danger to life, limb or property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No action taken by the Building Inspector in carrying out the provisions of this chapter and no action taken by any owner in compliance with any order issued by such Building Inspector shall be deemed to affect the rights of the owner under Chapter 120, Land Use, Part 3, Zoning, of the Code of the Borough of Kenilworth.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any building or buildings, or parts thereof, which have 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 those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the Borough, and the Borough may
exercise its police powers to repair, demolish, or cause the repairing
or demolishing of the building or buildings, or parts thereof, pursuant
to the procedures set forth in this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person aggrieved by an order issued by the Building Inspector
under this chapter may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Building Inspector 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 Building Inspector
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the Building Inspector.
