[1988 Code § 64-1]
To provide for the orderly method of the repair, closing or
demolition of dwellings in this municipality unfit for human habitation,
creating the hazards of fire, accidents or other calamities, and to
carry out the provisions of N.J.S.A. 40:48-2.3, the Construction Official
of this municipality is hereby designated and appointed to exercise
the powers prescribed in said statute and provided herein, and he
may exercise such powers either in his own person or by the appointment
of such agent or agents as he may designate.
[1988 Code § 64-2]
Whenever a petition is filed with the Construction Official
or his agents by any public authority or by at least five residents
of the municipality charging that any dwelling therein is unfit for
human habitation or whenever it appears to the Construction Official
that any dwelling is unfit for human habitation, he shall cause to
be made a preliminary investigation, and, if that investigation discloses
a basis for such charges, he shall cause to be issued and served upon
the owner of and the parties in interest in such dwelling a complaint
in such form as he shall prescribe, stating the charges in that respect
and containing a notice that a hearing will be held before the Construction
Official or his designated agent at a place fixed in said notice and
at a time not less than seven days nor more than 30 days after the
serving of such complaint. The owner and the parties in interest may
file an answer to the complaint and may appear in person or otherwise
and give testimony at the time and place so fixed.
[1988 Code § 64-3]
If, after such notice and hearing, the Construction Official
determines that the dwelling under consideration is unfit for human
habitation, he shall so determine in writing and shall state, in writing,
his findings of fact in support of such determination.
[1988 Code § 64-4]
Such determination and findings of fact shall, among other things,
find if the repair, alteration or improvement of said dwelling can
be made at a reasonable cost in relation to the value of the dwelling
or whether such repair, alteration or improvement cannot be made at
a reasonable cost in relation to the value of the dwelling. Such reasonable
cost, for the purpose hereof, is hereby fixed at 35% of said value.
[1988 Code § 64-5]
a.
If it is found that the repair, alteration or improvement of the
dwelling can be made at a reasonable cost as aforesaid, the Construction
Official shall cause to be issued and served upon the owner thereof
and the parties in interest an order requiring the owner, to the extent
and within the time specified in said order, to repair, alter or improve
said dwelling to render it fit for human habitation or, at the option
of the owner, to vacate and close the dwelling as a human habitation.
b.
If it is found that the repair, alteration or improvement of said
dwelling cannot be made at a reasonable cost as aforesaid, such order
shall require the owner within the time specified therein to remove
or demolish such dwelling.
[1988 Code § 64-6]
If the owner fails to comply with an order to repair, alter
or improve the dwelling or, in the alternative, to vacate and close
the dwelling, the Construction Official may cause such dwelling to
be repaired, altered or improved or, in the alternative, to be vacated
and closed; the officer shall cause to be posted on the main entrance
of the closed dwelling a placard containing the following words: "This
building is unfit for human habitation; the use or occupation of this
building for human habitation is prohibited and unlawful."
[1988 Code § 64-7]
If the owner fails to comply with an order to remove or demolish
the dwelling, the Construction Official may cause such dwelling to
be removed or demolished.
[1988 Code § 64-8]
The amount of the cost of such repairs, alterations or improvements
to such dwelling or the vacation and closing thereof or the removal
or demolition thereof, including the clearance and, if necessary,
leveling of the site, shall be a municipal lien against the real property
with respect to which such cost was incurred.
[1988 Code § 64-9]
Such costs shall be determined by the Construction Official,
and a comprehensive and itemized statement thereof shall be prepared
and filed, one copy with the Municipal Clerk and one copy with the
Tax Collector, The Tax Collector, upon receipt of the statement of
cost, shall enter the total amount as a lien against the property
and shall proceed in all respects as with other liens for unpaid taxes
and assessments.
[1988 Code § 64-10]
If the building shall be removed or demolished by the Construction
Official, he shall sell the materials of such dwelling and shall credit
the proceeds of such sale against the cost of removal or demolition,
and any balance remaining shall be deposited by him in the Superior
Court, to be there disposed of as directed by law.
[1988 Code § 64-11]
The Construction Official may determine that a dwelling is unfit
for human habitation if he finds that conditions exist in such dwelling
which are dangerous and injurious to the health or safety of the occupants
of such dwelling, the occupants of neighboring dwellings or the residents
of the Borough, and such conditions may include the following but
without limiting the generality of the foregoing:
[1988 Code § 64-12]
Complaints, notices or orders issued by the Construction Official
pursuant hereto shall be served either personally or by registered
mail, but if the whereabouts of the persons to be served is unknown
and the same cannot be ascertained by the Construction Official in
the exercise of reasonable diligence, the Construction Official shall
make an affidavit to that effect, after which services may be made
by publishing the same once in a newspaper printed and published in
the Borough or, in the absence of such newspaper, one printed and
published in the County and circulating in the Borough. A copy of
the complaint and order shall be posted in a conspicuous place on
the premises affected, and a copy shall be recorded or lodged for
record with the County Clerk of the County of Cape May.
[1988 Code § 64-13]
The Construction Official is hereby authorized to exercise such
general powers as may be necessary to effect the purpose and provisions
of the statute pursuant to which this chapter is enacted, including
the following powers, in addition to others granted:
a.
To investigate the dwelling conditions in the municipality in order
to determine which dwellings are unfit for human habitation.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes hereof.
e.
To delegate any of his functions and powers under the chapter to
such officers and agents as he may designate.
