[HISTORY: Adopted by the Mayor and Council
of the Borough of Mendham 8-18-1997 by Ord. No. 24-97 (Ch. 51 of the 1974
Code). 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 Rehabilitation Director charged with the enforcement
of this chapter.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or official who is in charge of any
department or branch of the government of the borough, county or state
relating to health, fire, building regulations or to other activities
concerning buildings in the borough.
It has been found and declared that there exist
in the borough buildings which are so old, dilapidated or have become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation or occupancy or use and that the occupancy
or use of such buildings for any purpose is inimical to the health
and safety of the people of the borough and that a public necessity
exists for the repair, closing or demolition of such buildings.
[Amended 6-3-2013 by Ord. No. 7-13]
For the enforcement of provisions of this chapter,
the Construction Official for the Borough shall serve as the Rehabilitation
Director and shall exercise all powers of the Public Officer conferred
upon him or her by N.J.S.A. 40:48-2.3 et seq.
Whenever it appears that there exists in the
borough any building which is unfit for human habitation or occupancy
or use, due to dilapidation, disrepair, structural defect increasing
the hazards of fire, accidents or other calamities, lack of adequate
ventilation, light or sanitary facilities or due to other conditions
rending such building unsafe or unsanitary and dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the
residents, the Director shall, upon the filing of a petition by a
public authority or by at least five residents of the borough, charging
that any building is unfit for human habitation or occupancy or use,
or if it shall appear to such Director on his or her own motion that
any building is unfit for human habitation or occupancy or use, the
Director shall make a preliminary investigation to be made concerning
the basis for such charges.
A.Â
Buildings shall be considered unfit for human habitation, or occupancy, or use, within the meaning of § 81-4, when one or more of the following conditions are found to exist:
(1)Â
Condition of structure. The condition of the structure
is such as to make it unsafe or unsanitary through the presence or
serious safety hazards resulting from the need for major repairs to
roof, walls, ceilings, floors or stairs or through the presence of
serious health hazards resulting from continuous dampness or exposures
brought about by neglect or dilapidation.
(2)Â
Water supply. Lack of potable running water within
each dwelling or lack of hot water facilities available to each dwelling.
(3)Â
Sewerage system. No connection between plumbing fixtures
and adequate sewage disposal system.
(4)Â
Toilet facilities. No flush toilet, fit for use, in
each building.
(5)Â
Bath facilities. No bathtub or shower, fit for use,
in each dwelling.
(6)Â
Kitchen facilities. 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
Lighting facilities. Building inadequately wired for
electricity.
(8)Â
Heating facilities. Heating facilities inadequate
or unsafe.
(9)Â
Light and ventilation. Living room, bedroom or kitchen
with no windows or with windows opening on an airshaft, or toilet
or bathroom without adequate ventilation.
If a preliminary investigation shall disclose
to the Director a basis for the charges filed, 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. The
complaint shall also contain a notice that a hearing will be held
before him or her at a place therein fixed not less than 10 days nor
more than 30 days after the serving of the complaint.
The owner and parties in interest shall have
the right to file an answer to the complaint and to appear in person,
by counsel or otherwise and give testimony at the time and place fixed
in the complaint. The rules of evidence prevailing in the courts shall
not be controlling in hearings before the Director.
The Director may determine that a building is unfit for human habitation or occupancy or use if he or she finds that conditions exist in such building which are dangerous or injurious to the health and safety of the occupants of such building, the occupants of neighboring buildings or other residents of the borough; such conditions may include, without limiting the generality of the foregoing, defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair, structure defects, uncleanliness and the conditions set forth in §§ 81-4 and 81-5.
When after such notice and hearing, the Director
determines that the building under consideration is unfit for human
habitation or occupancy or use, he or she shall state, in writing,
his or her findings of fact in support of such determination and shall
issue and cause to be served upon the owner thereof 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 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
Placarding. 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 occupation of this building
is prohibited and unlawful."
B.Â
Removal by borough. 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 the
removal or demolition thereof after advertisement and after receipt
of bids therefor.
A.Â
The amount of the cost of filing of legal papers,
expert witnesses' fees, search fees and advertising charges, incurred
in the course of any proceeding taken under this chapter determined
in favor of the borough and such repairs, alterations or improvements
or vacating and closing or removal or demolition, when done by the
Director, shall be a municipal lien against the real property upon
which cost was incurred.
B.Â
If the building is removed or demolished by the Director,
he or she 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 necessary, 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. 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 Municipal 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. If the total of the credits
exceed such costs, the balance remaining shall be deposited with the
Clerk of the Superior Court of New Jersey by the Director, 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, however, 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.
Complaints, notices and orders issued by the
Director, pursuant to this chapter, shall be served upon persons either
personally or by registered mail. If the whereabouts of such persons
is unknown and the same cannot be ascertained by the Director in the
exercise of reasonable diligence, and the Director shall make an affidavit
to that effect, then the serving of such complaint, notice or order
upon such person may be made by publishing the same once each week
for two successive weeks in the newspaper printed and published in
the county and circulating in the borough. A copy of such complaint,
notice or order shall be posted in a conspicuous place on the premises
affected by the complaint, notice or order. A copy of such complaint,
notice or order shall be duly recorded or lodged for record with the
County Clerk of Morris County.
In addition to the powers herein granted to
the Director, he or she 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, 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.
Any person aggrieved by an order issued by the
Director may bring a court action pursuant to N.J.S.A. 40:48-2.8.
Every building which shall have been damaged
by fire or other cause so as to be dangerous by reason of the bad
condition of walls, floors, construction or otherwise shall be held
to be unsafe, and the Director, besides proceeding as hereinabove
provided, shall also fix a notice of the dangerous character of the
structure to a conspicuous place on the exterior of the building.
Nothing in this chapter shall be construed to
abrogate or impair the powers of the courts or of any department to
enforce any provisions of any character or its ordinances or regulations,
nor to prohibit or punish violations thereof; and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred by any other laws or ordinance.
[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007 by Ord. No. 3-07]
Any persons convicted of a violation of any of the provisions of this chapter by unlawfully removing any notice affixed to any building or refusing to vacate any building, structure or premises or part thereof when lawfully ordered to vacate the same shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.
