[HISTORY: Adopted by the Mayor and Council of the Borough of South
River 5-3-1965 (Ch. 115 of the 1977 Code). Amendments noted
where applicable.]
The Construction Official of the Borough of South River is hereby designated
as the officer to exercise the powers prescribed by this chapter, and he shall
serve in such capacity without additional salary.
For the purpose of this chapter, the Construction Official may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in such dwelling which are dangerous or injurious to the health or safety
of the occupants of such dwelling, the occupants of the neighboring dwellings
or other residents of the Borough of South River. 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 or uncleanliness.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code as approved by the Department of Health
and Conservation and Economic Development and filed in the office of the Secretary
of the State of New Jersey is hereby accepted, adopted and established as
the standard to be used as a guide in determining the fitness of a building
for human habitation or occupancy or use. Three copies of the New Jersey State
Housing Code have been placed on file in the office of the Borough Clerk and
are available to all persons desiring to use and examine the same.
Whenever a petition is filed with the governing body by a public authority,
as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the municipality,
charging that any dwelling is unfit for human habitation as herein defined,
or whenever it appears to the Construction Official (on his own motion) that
any dwelling is unfit for human habitation as herein defined, he 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 dwelling
a complaint stating the charges in that respect and containing a notice that
a hearing will be held before the governing body (or its designated agent)
at a place therein 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 the right to file an answer to the complaint and to appear in person
or otherwise and give testimony at the time and place fixed in the complaint;
and that the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the governing body.
[Amended 2-9-1977 by Ord. No. 1977-6]
If, after such notice and hearing, the governing body determines that
the dwelling under consideration is unfit for human habitation as herein defined,
it shall state in writing its 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:
A.
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, that the said building
be vacated and closed within the time set forth in the order; and
B.
If the building is in such 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 said building within the time specified
in the order, that the owner remove or demolish the said building within a
reasonable time as specified in the said order of removal.
C.
That, 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 Construction Official may cause such building to be repaired,
altered or improved, or to be vacated and closed. The Construction Official
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."
D.
That, if the owner fails to comply with an order to remove
or demolish the building, the Construction Official 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.
E.
That 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
municipality; and such 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 Construction Official, he 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 Collector 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 exceeds such costs, the balance
remaining shall be deposited in the Superior Court and 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 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.[1]
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.
Complaints or orders issued by the Construction Official 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 Construction Official in the exercise of reasonable
diligence and the said Construction Official 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 Borough of South River. A copy of
such complaint or order shall be posted in a conspicuous place on the premises
affected by the complaint or order, and a copy of such complaint or order
shall be duly recorded or lodged for record with the county recording officer
of the county in which the dwelling is located.
The Construction Official is hereby authorized and empowered 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 others herein granted:
A.
To investigate the dwelling conditions in the Borough
of South River in order to determine which dwellings therein are unfit for
human habitation.
B.
To administer oaths and 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.
D.
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 under this
chapter to such officers and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair the
power of the Borough or any officer or 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 upon the Borough by any other law or
ordinance.
