The City Council hereby declares and finds that there exists
within the City a building or buildings, or parts thereof, which are
unfit for human habitation or occupancy or use due to dilapidation,
defects increasing the hazards of fire, accident or other calamities,
lack of ventilation, light or sanitary facilities or due to other
conditions rendering such building or buildings, or part thereof,
unsafe or insanitary or dangerous or detrimental to the health or
safety or otherwise inimical to the welfare of the residents of the
City. The City Council therefore intends through this article to exercise
the powers set forth in N.J.S.A. 40:48-2.3 through 40:48-2.12 to address
unfit buildings that may be found anywhere within the City's jurisdiction,
for the following reasons:
A. Unfit buildings create a wide range of problems for the City. Such
buildings may serve as the breeding ground for vermin, create targets
for vandals and arsonists, serve as temporary refuge for derelicts,
vagrants, and criminals, become attractive nuisances to children and
become a venue for crime.
B. Unfit buildings also diminish the property values of neighboring
properties, make it more difficult for neighboring property owners
to secure insurance, contribute to blight and otherwise adversely
impact the quality of life for residents and business operators in
those areas where the unfit buildings are located.
C. Unfit buildings also discourage neighborhood stability and revitalization
and act as a significant barrier to the City's ongoing rehabilitation
and redevelopment efforts.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended.
BUILDING
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.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All persons who have an interest of record in a building
and lands, and any who are in actual possession thereof.
PERSON
A natural person, association, corporation, LLC, partnership
or other legal entity.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the City of Hackensack,
County of Bergen or State of New Jersey relating to health, fire or
building regulations or to the other activities concerning buildings
in the City of Hackensack.
PUBLIC OFFICER
The officer, officers, board or body who is or are authorized
by this article to exercise the powers prescribed herein and by N.J.S.A.
40:48-2.3 et seq. The City may designate more than one public officer
for different purposes as provided by law.
Complaints or orders issued pursuant to this article shall be
served upon persons either personally or by registered mail, but if
the whereabouts of such person is unknown and the same cannot be ascertained
by in the exercise of reasonable diligence, then the Construction
Code Official shall make an affidavit to that effect, and thereafter
service of such complaint or order upon such person may be made by
publishing the same once in a newspaper printed and published in the
City, or in the absence of such newspaper, in one printed and published
in Bergen County and circulated in the City. A copy of such complaint
or order shall be posted in a conspicuous place on the premises affected
by the complaint or order. A copy of such complaint or order shall
be duly recorded or lodged for record in the Bergen County Clerk's
Office.
If the owner fails to comply with an order of the Construction
Code Official to alter, repair or improve or, at the option of the
owner, to vacate and close the building, the Construction Code Official
may cause such building to be repaired, altered or improved, or to
be vacated and closed; thereupon the Construction Code Official may
cause to be posted on the main entrance of such building so closed,
a placard with the following words: "This building is unfit for human
habitation; the use or occupation of this building is prohibited and
unlawful."
If the owner fails to comply with an order of the Construction
Code Official to remove or demolish the building, the Construction
Code 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.
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.
If an actual or immediate danger to a life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Construction Code 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.
Nothing in this article shall be construed to impair or limit
in any way the power of the City 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 Uniform Construction
Code Act, P.L. 1975, c. 217, or any rules or regulations adopted thereunder. Additionally,
nothing in this article shall be interpreted to impair or limit in
any way the powers afforded the City by the Abandoned Properties Rehabilitation
Act.