Town of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton by Ord. No. 25-92. Amendments noted where applicable.]
GENERAL REFERENCES
Building and housing — See Ch. 87.
Inspections — See Ch. 154.
Property maintenance — See Ch. 214.
Any building, wall or structure in the Town of Boonton which for any cause is or becomes dangerous to life or health or tends to extend a conflagration shall constitute a nuisance.
It shall be the duty of the Building Inspector to report to the Governing Body any such building, wall or structure which, in his opinion, is such a nuisance.
[Amended by Ord. No. 3-97]
The Governing Body, upon receipt of such report or upon its own motion, may, after a hearing, upon 10 days notice to the owner of such building, wall or structure and of the premises on which it stands, determine that such building, wall or structure is a nuisance for one or more of the reasons specified in § 90-1 hereof, in which case said Governing Body may cause notice of the contemplated removal or destruction of such building, wall or structure to be given to the owner of the same and of the premises on which it stands.
A. 
If the enforcing agency discovers a violation of the provisions of this chapter, upon an inspection of the building, structure or premises, then the enforcing agency shall issue and cause to be served upon the owner of the building, structure or premises, a written order requiring the owner to terminate or cause to be terminated, the violation. The order shall state the nature of the violation and a reasonable specified time within which the violation shall be terminated. The order shall also require the owner to take or cause to be taken any affirmative action necessary to correct the violation.
B. 
A notice shall not be required to issue if a violation occurs, for which a prior notice was issued, for the same violation of the Dangerous Buildings and Structures Code within 12 months. All correspondence from the municipality will advise all alleged offenders of the notice provision.
[Amended by Ord. No. 3-97]
The notices provided for in § 90-3 hereof shall be given in the manner provided in Subsection 15 of Section 40:48-h of the Revised Statutes, and the notice of the contemplated removal or destruction of said building, wall or structure provided for in § 90-3 hereof shall conform in all respects with the provisions of said Subsection 15.
A. 
If the enforcing agency discovers a violation of the provisions of this act, upon an inspection of the building, structure, or premises, a written order requiring the owner to terminate, or cause to be terminated, the violation. The order shall state the nature of the violation and a reasonable specified time within which the violation shall be terminated. The order shall also require the owner to take or cause to be taken any affirmative action necessary to correct the violation. This subsection shall take effect immediately, upon final passage and publication as required by law.
B. 
A notice shall not be required to issue if a violation occurs, for which a prior notice was issued, for the same violation of the Property Maintenance Code within 12 months. All correspondence from the municipality will advise all alleged offenders of the notice provision.
Proof of service of the latter notice shall be filed as provided in said Subsection 15, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
If the building, wall or structure is not removed or destroyed by the owner as required by said latter notice, the Governing Body may cause same to be removed or destroyed in such manner and through such agency, by contract or otherwise, as said Governing Body shall by resolution determine. An accurate account of the cost and expense thereof and a true statement thereof, under oath or affirmation, shall be filed by the town officer in charge thereof with the Town Clerk. The Governing Body shall examine same and, if it is properly made, shall confirm it and file its report with the Town Clerk, who shall record it in a book to be kept for that purpose. Said Clerk shall file a certified copy of said statement and confirmation with the Assessor. The assessment shall be made on notice by the Assessor in the same manner as improvement assessments are made, and upon confirmation thereof by the Governing Body or by the Court, be a municipal lien upon the real estate described in the assessment with the same effect as improvement assessments are liens. Immediately after confirmation of such assessment, a duplicate thereof, duly certified by the Town Clerk, shall be delivered to the Collector of Taxes of the town. The assessment shall be payable immediately upon delivery to such Collector, who shall proceed thereon as in the case of improvement assessments.
In the case the Governing Body shall determine such building, wall or structure to be a nuisance as hereinbefore provided, said Governing Body may abate said nuisance by serving upon the owner of said building, wall or structure and of the premises on which it stands, a notice served in the manner heretofore provided for the service of notices, requiring said owner to abate said nuisance by removing or destroying said building, wall or structure or by altering or repairing same in a manner specified in said notice within 30 days after the service of said notice, under the penalty provided for in § 90-8 hereof.
Any owner failing to abate such a nuisance pursuant to a notice as provided in § 90-7 hereof shall, upon conviction thereof, be liable to the penalties set forth in Chapter 1, General Provisions, Article III, General Penalty, of this Code.
The Governing Body may pursue either or both of the remedies hereinbefore provided for and may include in one notice the provisions required in the case of each method.