[Adopted 9-4-2018 by Ord.
No. 40-2018]
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.
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.
The holder or holders of the title in fee simple.
All persons who have an interest of record in a building
and lands, and any who are in actual possession thereof.
A natural person, association, corporation, LLC, partnership
or other legal entity.
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.
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.
A.
The Construction Official is hereby designated as the public officer
authorized to exercise the powers prescribed by this article and as
authorized by N.J.S.A. 40:48-2.3 et seq. He or she shall have the
following powers, in addition to others herein granted:
(1)
To investigate the building conditions in the City 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 this article; and
(5)
To delegate any of his functions and powers under this article to
such officers and agents as he may designate.
B.
At the Construction Code Official's request, the City Attorney is
authorized to prepare the complaint, notice of hearing and other pleadings
or legal papers that may be required to effectuate the purpose and
intent of this article.
A.
Proceedings pursuant to this article may be initiated in the following
manner:
(1)
A petition may be filed with the Construction Code Official by a
public authority, or by at least five residents of the City, charging
that a building is unfit for human habitation; or
(2)
If it appears to the Construction Code Official that a building is
unfit for human habitation or occupancy or use.
B.
After the initiation of proceedings pursuant to Subsection A(1) or (2), above, the Construction Code Official shall conduct a preliminary investigation, and if it appears to him or her that there is a basis for bringing charges, he or she shall 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 Code Official or his or her designated agent at a place therein fixed, not less than seven days nor more than 30 days after service of the 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 said hearing.
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.
A.
The owner and any party in interest with respect to a building that
is the subject of a complaint under this article shall have the right
to appear at the hearing and testify, produce witnesses and documentary
evidence, and be represented by an attorney.
B.
The Construction Code Official shall determine that a building is
unfit for human habitation, occupancy or use if he or she concludes
that 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 City residents; such conditions
shall be deemed to 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.
C.
If, following the hearing, the Construction Code Official determines
that the building under consideration is unfit for human habitation,
or occupancy or use, he or she 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:
(1)
If the repair, alteration or improvement of the building can be made
at a reasonable cost in relation to the value of the building, requiring
the owner to the extent and within the time specified in the order
to repair, alter or improve the building to render it fit for human
habitation, or occupancy or use, or, at the option of the owner, to
vacate or close the building as a human habitation; or
(2)
If the repair, alteration or improvement of the building cannot be
made at a reasonable cost in relation to the value of the building,
requiring the owner within the time specified in the order to remove
or demolish such building.
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.
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 section determined in favor of
the City, 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, 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 Code
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 any, 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.
C.
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 City's 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.
D.
If the total of the credits exceeds such costs, the balance remaining
shall be deposited in the Superior Court by the public officer, shall
be secured in such manner as may be directed by such Court, and shall
be disbursed according to the order of judgment of the Court to the
persons found to be entitled thereto by final order or judgment of
the Court.
E.
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.
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,[1] 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.[2]
