[HISTORY: Adopted by the Mayor and Council of the Borough of Closter
11-22-1967 by Ord. No. 1967:179 as Ch. 32 of the 1967 Code; amended in its
entirety 9-27-1974 by Ord. No. 1974:257. 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 of Closter which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use
are inimical to the welfare and dangerous and injurious to the health and
safety of the residents of the Borough of Closter and that a public necessity
exists for the repair, closing or demolition of such building or buildings,
or parts thereof.
Whenever the proper officials of the Borough of Closter designated herein
find that there exists in the Borough of Closter any building or buildings
which are unfit for human habitation, 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 parts thereof unsafe or unsanitary
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Borough of Closter, the officials designated
shall exercise the power vested under this chapter and under the law of the
State of New Jersey 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 set forth in this chapter.
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 Closter.
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 officer who is in charge of any department or branch of the government
of the Borough of Closter relating to health, fire, building regulations or
to other activities concerning buildings in the Borough of Closter.
Construction Code Official or Building Official.
[Amended 6-14-1989 by Ord.
No. 1989:576]
The Chairman of the Building Committee of the Council is hereby designated
and appointed to exercise the powers set forth in this chapter. In the event
that the Chairman of the Building Committee is unable to act, then any member
of said Committee may act in his or her place and stead. The Mayor and Council
of the Borough of Closter may from time to time, by resolution, designate
any other person or persons to act in the place of the Chairman of the Building
Committee.
[Amended 10-6-1980 by Ord.
No. 1980:391]
Whenever a petition is filed with the public officer by a public authority
or by at least five (5) residents of the Borough of Closter charging that
any building is unfit for human habitation or occupancy or use or whenever
it appears to the public officer that any building is unfit for human habitation
or occupancy or use, the public officer shall, if his or her preliminary investigation
discloses a basis for such charges, 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 and containing a notice that a hearing will be held
before the public officer or his or her designated agent at a place therein
fixed not less than seven (7) days nor more than thirty (30) days after the
serving of said complaint and 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.
The rules of evidence prevailing in the courts shall not be controlling in
hearings before the public officer.
A.
After notice and hearing, if the public officer 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 parties in interest an order requiring the repair, alteration
or improvement of said building to be made by the owner within a reasonable
time, which time shall be set forth in the order, or, at the option of the
owner, to vacate or have said building vacated and closed within the times
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 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 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."
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.
[Amended 10-6-1980 by Ord.
No. 1980:391]
A.
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 of Closter 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 or she shall sell the materials of such
building. There shall be credited against the cost of the removal or demolition
thereof 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 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 of Closter 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 thirty (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.
B.
If an actual and immediate danger to life is posed by
the threatened 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.
C.
Nothing in this section shall be constructed to impair
or limit in any way the power of the municipality to define and declare nuisances
and to cause their removal or 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
Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules or regulations
adopted thereunder.
The public officer 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 or safety of
the occupants of such building, the occupants of neighboring buildings or
other residents or the Borough of Closter; such conditions may include but
shall not be limited to defects therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation or disrepair; structural defects; or uncleanliness.
[Amended 10-6-1980 by Ord.
No. 1980:391]
A complaint or order issued by a public officer pursuant to this chapter
shall be served upon persons either personally or by registered mail, but
if the whereabouts of such persons is 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 persons may be made by publishing the same once in a newspaper
printed and published in the Borough of Closter or, in the absence of such
newspaper, in one printed and published in Bergen County and circulating in
the Borough of Closter. A copy of such complaint or order shall be posted
in a conspicuous place on premises affected by the complaint or order. A copy
of such complaint or order shall be duly recorded or lodged for record with
the Clerk of Bergen County.
The public officer or other official designated under this chapter may
exercise such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following powers
in addition to others herein granted:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B.
To administer oaths and affirmations, to examine witnesses
and to 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.
To appoint and fix the duties of such officers, agents
and employees as he or she deems necessary to carry out the purposes of this
chapter.
E.
To delegate any of his or her functions and powers under
this chapter to such officers and agents as he or she may designate.
