[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington as Section 11-2 of the 1982 Compilation. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 Director of Rehabilitation who shall be charged with
the enforcement of the demolition of dangerous structures.
The holder of the title in fee simple.
All individuals who have interests of record in a building
and any who are in actual possession thereof.
Any housing authority or any official who is in charge of
any department or branch of the government of the borough relating
to health, fire, building regulations or other activities concerning
buildings in the borough.
Every building used as a church or other place of worship;
also every building used as a college, school, public hall, hospital,
theater, public lecture room or dance hall or for any public assemblage
or any building where the public can freely enter.
Whenever it is found that there exist in the borough buildings
which are unfit for human habitation, occupancy or use due to dilapidation,
disrepair, structural defects increasing the hazards of fire, accidents
or other calamities or lack of adequate ventilation, light or sanitary
facilities or due to other conditions rendering such building unsafe
or unsanitary and dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents, upon the filing
of a petition by a public authority or by at least five borough residents
charging that any building is unfit for human habitation, occupancy
or use or if it appears to the Director that any building is unfit
for human habitation, occupancy or use, the Director shall make a
preliminary investigation or cause such preliminary investigation
to be made concerning the basis for such charges.
A.Â
Buildings shall be considered unfit for human habitation, occupancy or use within the meaning of § 62-2 when one or more of the following conditions are found to exist:
(1)Â
Conditions of structure. The condition of the structure is such as
to make it unsafe or unsanitary through the presence of serious safety
hazards resulting from the need for major repairs to roof, walls,
ceiling, floors or stairs or through the presence of serious health
hazards resulting from continuous dampness or exposure brought about
by neglect or dilapidation.
(2)Â
Water supply. There is a lack of potable running water within each
dwelling or lack of hot-water facilities available to each dwelling.
(3)Â
Sewerage system. There is no connection between plumbing fixtures
and adequate sewerage disposal system.
(4)Â
Toilet facilities. There is no flush toilet fit for use in each building.
(5)Â
Bath facilities. There is no bathtub or shower fit for use in each
dwelling.
(6)Â
Kitchen facilities. There is a lack of permanent, safe and reasonably
efficient kitchen facilities within each dwelling unit, including
sink with running water and provisions for a cooking stove.
(7)Â
Electrical facilities. The building is inadequately wired for electricity.
(8)Â
Heating facilities. Heating facilities are inadequate or unsafe.
(9)Â
Light and ventilation. There is a living room, bedroom or kitchen
with no windows or with windows opening on an airshaft, or there is
a toilet or bathroom without adequate ventilation.
B.Â
The generality of the condition rendering a building unfit for human
habitation, occupancy or lice shall not be deemed in any way limited
by the foregoing specifications of conditions.
[Amended 3-15-1995 by Ord. No. 95-11]
A.Â
If a preliminary investigation discloses to the Director a basis
for the charges filed, he 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. The complaint shall contain a
notice that a hearing shall be held before him at a place fixed not
less than seven days nor more than 30 days after the serving of the
complaint.
B.Â
Complaints or orders issued by the Director pursuant to this section
shall be served upon persons either personally or by registered mail,
but if the whereabouts of any person is unknown and the same cannot
be ascertain by the Director in the exercise of reasonable diligence,
the Director shall make an affidavit to that effect, and the serving
of such complaint or order upon such person may be made by publishing
the same once in a newspaper printed and published in the borough
or circulated in the borough. A copy of the complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order. It shall also be duly recorded or lodged for recorded with
the Morris County Clerk.
The owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person with counsel or
otherwise and give testimony at the time and place fixed in the complaint.
The rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Director.
When after notice and hearing, the Director determines that
the building under consideration is unfit for human habitation, occupancy
or use, he shall state in writing his findings of fact in support
of such determination and issue and cause to be served upon the owner
and the parties in interest an order, as follows:
A.Â
Requiring the repair, alteration or improvement of the building to
be made by the owner within a reasonable time, which shall in no event
exceed 90 days from the order, which time shall be set forth in the
order or at the option of the owner to vacate or have the building
vacated and closed within the time set forth in the order.
B.Â
If the building is in such a condition as to make it dangerous to
the health and safety of the persons on or near the premises and the
owner fails to repair, alter or improve the building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time to be specified
in the order.
A.Â
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
Director may cause such building to be repaired, altered or improved
or to be vacated and closed. The Director shall 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 occupancy of this building is prohibited and unlawful."
B.Â
If the owner fails to comply with an order to remove or demolish
the building, the Director may cause such building to be removed or
demolished or may contract for its removal or demolition after advertisement
and after receipt of bids.
The amount of the cost of such repairs, alterations or improvements,
vacating and closing, or removal or demolition, when done by the Director,
shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the
Director, he shall sell the materials of such building and credit
the proceeds thereof against the cost of removal or demolition, and
any balance remaining shall be deposited by the Director in the Superior
Court of New Jersey, Chancery Division, shall be secured in such manner
as may be directed by such Court and shall be disbursed by such Court
to the persons found to be entitled thereto by final order or decree
of such Court, provided that nothing in this section shall be construed
to impair or limit in any way the power of the borough to define and
declare nuisances and to cause their removal or abatement by summary
proceedings or otherwise.
Any person affected by an order issued by the Director may petition
the Chancery Division, Superior Court, for relief in accordance with
N.J.S.A. 40:48-2.3 et seq.
The remedies herein provided shall be exclusive, and no person
affected by an order of the Director shall be entitled to recover
any damage for action taken pursuant to any order of the Director
or because of noncompliance by such person with any order.
In addition to the powers herein granted to the Director, he
shall also have the following powers:
A.Â
To investigate the building conditions in the borough in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
B.Â
To administer oaths and affirmations, examine witnesses and receive
evidence.
C.Â
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.
For the enforcement of provisions of this chapter, the office
of Rehabilitation Director is hereby created, and appointment to the
office shall be by the Mayor and Council for such term and with such
compensation as it may fix.
