[HISTORY: Adopted by the Mayor and Council
of the Borough of Rockaway 10-14-1971 by Ord. No. 5-71 as Ch. 9, Art
II, of the 1971 Code of Ordinances. Amendments noted where applicable.]
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purposes hereof, unless a different meaning clearly appears from
the context:
Any building or structure or part thereof, whether use for
human habitation or otherwise, and includes any outhouses and appurtenances
belonging thereto usually enjoyed therewith.
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 any official who is in charge of
any department or branch of the government of the Borough relating
to health, fire or building regulations or to other activities concerning
buildings in the Borough.
The officer or officers who are authorized to exercise the
powers prescribed by this chapter.
[Added 11-13-2008 by Ord. No. 26-08]
A.
Any person 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 to the penalty provisions of Chapter 1, General Provisions, § 1-2.
B.
The imposition of a fine or imprisonment for a violation
of this chapter shall not be construed as in any manner affecting
the enforcement of the other provisions hereof.
Nothing contained in this chapter shall be construed
to abrogate or impair the powers of the court or of any department
to enforce any provisions of its charter or its ordinances or regulations
nor to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred by any other law or ordinance.
[Amended 11-13-2008 by Ord. No. 26-08]
The Construction Official, the Fire Marshal
or the Health Officer, or such person serving the Board of Health
of the Borough in that capacity, is hereby designated as the public
officer to enforce this chapter and to exercise the powers prescribed
herein.
[Amended 11-13-2008 by Ord. No. 26-08]
The amount of the cost of the filing of legal
papers, expert witnesses' fees, search fees and advertising charges
incurred in the course of any proceeding taken in accordance with
this chapter and determined in favor of the Borough and the cost of
such repairs, alterations or improvements or vacating and closing
or removal or demolition, if any, or the amount of the balance thereof
remaining after deduction of the sum, if any, realized from the sale
of materials derived from such building or from any contract for removal
or demolition thereof shall be a municipal lien against the real property
upon which such cost was incurred. If the building is removed or demolished
by the public officer, he 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 Borough Tax Collector,
and a copy thereof shall be forthwith forwarded to the owner by registered
mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the public officer,
shall be secured in such manner as may be directed by such Court and
shall be disbursed according to the order or judgment of the Court
to the persons found to be entitled thereto by final order or judgment
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. Any owner or party in interest
may, within 30 days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
In addition to the powers granted to the public
officer in this chapter, he shall also have the following powers:
A.
To investigate the building conditions in the Borough
in order to determine which buildings therein are unfit for human
habitation, occupancy or use.
B.
To administer oaths and affirmations and to examine
witnesses and receive evidence.
C.
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.
D.
Subject to the consent of the Council first being
obtained, to appoint and fix the duties of such officers, agents and
employees as he deems necessary to carry out the purposes of this
chapter.
E.
To delegate any of his functions and powers hereunder
to such duly appointed officers and agents as he may designate.
[Amended 11-13-2008 by Ord. No. 26-08]
Whenever it shall be found that there exist
in the Borough buildings which are unfit for human habitation or occupancy
or use, due to dilapidation, disrepair, defects increasing the hazards
of fire, accidents or other calamities, lack of adequate ventilation,
light or sanitation facilities, or due to other conditions rendering
such buildings unsafe or unsanitary or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Borough, the public officer 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, occupancy
or use, or if it shall appear to such public officer (on his own motion)
that any building is unfit for human habitation, occupancy or use,
make a preliminary investigation or cause such preliminary investigation
to be made concerning the basis for such charges.
A.
Buildings shall be considered unfit for human habitation, occupancy or use within the meaning of § 109-7 when one or more of the following conditions are found to exist:
(1)
Condition 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
the 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)
Water supply. Lack of potable running water within
each dwelling or lack of hot water facilities available to each dwelling.
(3)
Sewerage system. No connection between plumbing fixtures
and an adequate sewerage disposal system.
(4)
Toilet facilities. No flush toilet, fit for use, in
each dwelling.
(5)
Bath facilities. No bathtub or shower, fit for use,
in each dwelling.
(6)
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)
Lighting facilities. Building inadequately wired for
electricity.
(8)
Heating facilities. Heating facilities inadequate
or unsafe.
(9)
Light and ventilation. Living room, bedroom or kitchen
with no windows or with windows opening on an airshaft or a toilet
or bathroom without adequate ventilation.
[Amended 11-13-2008 by Ord. No. 26-08]
Complaints or orders issued by the public officer
pursuant to this chapter shall be served upon a person either personally
or by registered mail, but if the whereabouts of such person are unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then 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 of Rockaway or circulated in the Borough.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order. A copy of
such complaint or order shall be duly recorded or lodged for record
with the County Clerk.
[Amended 11-13-2008 by Ord. No. 26-08]
If a preliminary investigation authorized by
this chapter shall disclose to the public officer a basis for the
charges stating that a building is unfit for human habitation, occupancy
or use, 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 also contain a notice that a
hearing will be held before him at a place therein fixed not less
than seven days nor more than 30 days after the serving of the 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.
The owner and parties in interest of a building shall have the right to file an answer to the complaint authorized in § 109-10 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 courts of
law or equity shall not be controlling in a hearing before the public
officer.
[Amended 11-13-2008 by Ord. No. 26-08]
The public officer may determine that a building is unfit for human habitation, occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or 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, structural defects, uncleanliness, failure to comply with the requirements of the building code or the certificate of occupancy, or the conditions set forth in §§ 109-7 and 109-8.
If, after the notice and hearing authorized in § 109-10, the public officer 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 shall issue and cause to be served upon the owner thereof and the parties in interest an order, as follows:
A.
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.
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, the owner shall be required to remove
or demolish the building within a reasonable time to be specified
in the order.
A.
If the owner of a building 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 public officer may cause such
building to be repaired, altered or improved or to be vacated and
closed. The public officer may 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."
[Amended 11-13-2008 by Ord. No. 26-08]
B.
If the owner of a building fails to comply with an
order to remove or demolish the building, the public officer 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.
[Amended 11-13-2008 by Ord. No. 26-08]
Any person aggrieved by an order issued by the
public officer in accordance with this chapter may, within 30 days
after the posting 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 remedies provided in this chapter shall
be exclusive remedies, and no person affected by an order of the public
officer shall be entitled to recover any damage for action taken pursuant
to any order of the public officer or because of noncompliance by
such person with any order of the public officer.
Every building which shall have been damaged
by fire or other cause so as to be dangerous by reason of the bad
conditions of walls, floors, construction or otherwise shall be held
to be unsafe, and the public officer, besides proceeding as required
in this chapter, shall also fix a notice of the dangerous character
of the structure to a conspicuous place on the exterior of the building.
