When, in the opinion of the Property Maintenance Inspector,
Code Officer or UCC Building Inspector, there is imminent danger of
failure or collapse of a building or structure which endangers life,
or when any structure or part of a structure has fallen and life is
endangered by the occupation of the structure, or when there is actual
or potential danger to the building occupants or those in the proximity
of any structure because of explosives, explosive fumes or vapors
or the presence of toxic fumes, gases or materials, or operation of
defective or dangerous equipment, or when the exterior premises or
land is deemed to be a danger or health hazard to those in the surrounding
community, the Property Maintenance Inspector shall prepare a report
to be filed with the Borough Construction Official for further actions
as mandated by N.J.A.C. 5:23 et seq. The Property Maintenance Inspector
shall cause to be posted at each entrance to such structure a notice
reading as follows: "This structure is unsafe and its occupancy has
been prohibited by the Property Maintenance Inspector," or other language
required by law. It shall be unlawful for any person to enter such
structure or premises except for the purpose of securing the structure,
making the required repairs, removing the hazardous condition, or
of demolishing the same.
Notwithstanding other provisions of this code, whenever, in
the opinion of the Property Maintenance Inspector, there is imminent
danger due to an unsafe condition, the Property Maintenance Inspector
or other Borough designee shall order the necessary work to be done,
including the boarding up of openings, to render such structure or
premises temporarily safe whether or not the legal procedure herein
described has been instituted; and shall cause such other action to
be taken as the Property Maintenance Inspector deems necessary to
meet such emergency.
When necessary for the public safety, the Property Maintenance
Inspector, with advice and consent of the Chief of Police or designee,
shall temporarily close structures and close, or order the authority
having jurisdiction to close, sidewalks, streets, public ways and
places adjacent to unsafe structures, and prohibit the same from being
utilized.
For the purposes of this section, the Property Maintenance Inspector
in conjunction with the Borough Construction Official shall employ
the necessary labor and materials to perform the required work as
expeditiously as possible.
The costs of the emergency repairs shall be billed to and paid
by the owner of the premises. If the owner of the premises does not
pay all costs of the emergency repairs, the legal counsel of the jurisdiction
shall institute appropriate action against the owner of the premises
where the unsafe structure is or was located for the recovery of the
costs incurred in the performance of the emergency work.
Any person ordered to take emergency measures shall comply with
such order forthwith. Any affected person who desires a hearing shall
thereafter, upon petition directed to the Appeals Board, be afforded
a hearing before the Appeals Board as described in this code.