[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 2-11-1964
by Ord. No. 150 (Ch. 47 of the 1974 Code); amended in its
entirety at time of adoption of Code (see Ch. 1, General Provisions, Art.
I). Subsequent amendments noted where applicable.]
It is hereby found and declared that the existence or occupation of
any building or buildings, or parts thereof, in the Borough 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 are inimical to
the welfare and dangerous and injurious to the health and safety of the people
of this Borough, and that a public necessity exists for the repair, closing
or demolition of such building or buildings, or part thereof. Whenever the
Borough finds that there exists in such municipality any building or buildings
which are unfit for human habitation or occupancy or use, due to dilapidation,
defects increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitation facilities, or due to other conditions
rendering such building or buildings, or part thereof, unsafe or unsanitary,
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of said municipality, power is hereby conferred
upon such municipality to exercise its police powers to repair, close or demolish,
or cause or require the repairing, closing or demolition of such building
or buildings, or part thereof, in the manner herein provided.
Any building or buildings, or parts thereof, which have been damaged
to such an extent that nothing remains but the walls, or parts of the walls
and other supports, shall, regardless of the safety and sturdiness of those
remaining walls or parts thereof, be deemed inimical to the welfare of the
residents of the municipality wherein it is located, and the Borough may exercise
its police powers to repair, demolish, or cause the repairing or demolishing
of the building or buildings, or parts thereof, pursuant to P.L. 1942, c.
112 (N.J.S.A. 40:48-2.3 et seq.), and the procedures set forth therein.
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes of this chapter, unless
a different meaning clearly appears from the context:
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 Mayor and Council of the Borough of Alpha.
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 officer who is in charge of any department
or branch of the government of the municipality, county or state relating
to health, fire, building regulations, or to other activities concerning buildings
in the municipality.
The officer, officers, board or body who is or are authorized to
exercise the powers prescribed by such ordinances and by P.L. 1942, c. 112
(N.J.S.A. 40:48-2.3 et seq.). Notwithstanding any other provision of law to
the contrary, nothing shall prevent the Mayor and Council from designating
more than one public officer for different purposes as provided by law.
Whenever a petition is filed with the public officer 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 whenever it appears to the
public officer (on his own motion) that any building is unfit for human habitation
or occupancy or use, the public officer shall, if his preliminary investigation
discloses the basis for such charges, issue and cause to be served upon the
owner of and parties in interest in building a complaint, stating the charges
in that respect, containing a notice that a hearing will be held before the
public, fixed not less than seven days nor more than 30 days after the serving
of said complaint; that the owner and parties in interest shall be given a
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 court shall not be controlling in
hearings before the public officer.
If, after such notice and hearing, the public officer determines that
the building under consideration is unfit for human habitation or 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 parties in interest an order:
A.Â
Requiring the repair, alteration or improvement of said
building be made by the owner within a reasonable time, which time shall be
set forth in the order by the option of the owner to vacate or have said building
vacated and closed within the time set forth in the order; and
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 said building within the time
specified in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said order of removal.
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 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 the main 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."
A.Â
If the owner 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 for and receipt of bids therefor.
B.Â
Any building or buildings, or parts thereof, which have
been damaged to such an extent that nothing remains but the walls, or parts
of the walls and other supports, shall, regardless of the safety and sturdiness
of those remaining walls or parts thereof, be deemed inimical to the welfare
of the residents of the Borough and the municipality may exercise its police
powers to repair, demolish, or cause the repairing or demolishing of the building
or buildings, or parts thereof, pursuant to the procedures set forth in this
chapter.
A.Â
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 under this chapter, determined in favor of
the Borough; and such costs of such repairs, alterations or improvement 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 the 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.
B.Â
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 the sum total of such costs
exceeds the total of such credits, a detailed statement of the aforesaid costs
and the amounts so due shall be fixed with the Municipal Tax Assessor or the
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 in the Superior Court
by the public officer, shall be secured in such manner as may be directed
in 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 of judgment
of such Court.
C.Â
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 a municipal lien certificate.
D.Â
Any action taken using revenues derived from the local
property tax shall be taken only after advertisement for, and receipt of,
bids therefor, pursuant to the provisions of the Local Public Contracts Law
(N.J.S.A. 40A:11-1 et seq.), unless the action is necessary to prevent imminent
danger to life, limb or property.
If an actual and immediate danger to life is posed by the threat of
collapse of any fire-damaged or other structurally unsafe building, the public
officer may, after taking such measures as may be necessary to make such building
temporarily safe, seek a judgment in summary proceedings for the demolition
thereof.
Nothing in this chapter shall be construed to impair or limit in any
way the power of the municipality to define and declare nuisances and to cause
their removal and abatement by summary proceedings, or otherwise, nor is anything
in this chapter intended to limit the authority of the enforcing agency or
Construction Official under the State Uniform Construction Code, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted thereunder.
For purposes of this chapter, the public official shall be the Construction
Official.
