As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouse, and appurtenances
belonging thereto and usually enjoyed therewith.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire, building regulations or to other
activities concerning buildings in the municipality.
PUBLIC OFFICER
The officer, officers, board or body who is authorized by
this chapter to exercise the powers prescribed herein and by N.J.S.A.
40:48-2.3 et seq. The public officer authorized to enforce this chapter
and exercise the powers herein is the Common Council's Human Services
Committee.
Whenever a petition is filed with the public officer by a public
authority charging that any building is unfit for human habitation
or occupancy or use or whenever it appears to the public officer or
any employee or agent of the Department of Inspects and Permits (on
its own motion) that any building is unfit for human habitation or
occupancy or use, the public officer 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 notice/complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the public officer (or his designated
agent) at a place therein fixed no 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 public
officer.
Any person aggrieved by an order issued by a public officer
under this chapter may, within 30 days after the positing and service
of such order, bring an action for injunctive relief to restrain the
public officer 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 public officer
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the Public Office.
Whenever the City undertakes the removal or demolition of any
building or structure which is dangerous to human life or the public
welfare or which constitutes a fire hazard, the City may, in accordance
with N.J.S.A. 55:19-100 and 40:48-3, in addition to assessing the
cost of such removal or demolition as a municipal lien against the
premises, authorize the institution of an action at law in the Superior
Court for the collection thereof from any asset of the owner of the
property if an individual, or a partner if the owner is a partnership,
or a 10% or greater interest holder if the owner is a business entity.
Process and procedures for the administration of this chapter
shall be governed by the sections herein and N.J.S.A. 40:48-2.3 and
40:48-2.12a et seq., as amended.