[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York 5-21-1958 by Ord. No. 829. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction standards — See Ch. 135.
Uniform construction codes — See Ch. 161.
Fire prevention — See Ch. 198.
Mechanical standards — See Ch. 251.
Multiple dwellings — See Ch. 260.
Property maintenance — See Ch. 299.
Rooming, lodging and boarding houses — See Ch. 316.
Sanitation — See Ch. 322.
Individual sewage disposal — See Ch. 328.
Solid waste disposal — See Ch. 348.
The Building Inspector of the Town of West New York is hereby designated
and appointed the public officer to exercise the powers prescribed by this
chapter.
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 public officer is hereby authorized to 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 those hereinafter
granted:
A.
To investigate 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, affirmations, 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.
The Building Inspector may determine that a building is unfit for human
habitation, or occupancy or use, if he finds that conditions exist in such
buildings 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 such municipality; such conditions may include the following
(without limiting the generality of the foregoing): defects therein increasing
the hazards of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair; structural defects;
uncleanliness.
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the municipality 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 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 designated agent) at a place therein
fixed not less than 10 days nor more than 30 days after the serving of said
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.
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.
Requiring the repair, alteration or improvement of the
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 the said 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 health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the said building within the time
specified in the order, then the owner shall be required to remove or demolish
the said building within a reasonable time as specified in the 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; that 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.
The amount of such cost of such repairs, alterations or vacating and
closing, or removal or demolition shall be a municipal lien against the real
property upon which such cost was incurred. The detailed statement of the
aforesaid costs shall be filed with the Municipal Tax Assessor or other custodian
of the records of tax liens, and that a copy of the said detailed statement
shall be forthwith forwarded to the owner by registered mail. If the building
is removed or demolished by the public officer, he shall sell the materials
of such building and shall credit the proceeds of such sale against the cost
of the removal or demolition and any 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 municipality
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
60 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.
Complaints or orders issued by a public officer pursuant to this chapter
shall be served upon such 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 each week
for two successive weeks in a newspaper printed and published in the municipality,
or, in the absence of such newspaper, in one printed and published in the
county circulating in the municipality in which the buildings are located.
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 county officer of the
county in which the building is located.
