[Adopted 8-11-2008 by Ord. No. 2008-30[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. V, Abandoned Property List, adopted 11-15-2004 by Ord.
No. 2004-60.
The definitions of the terms used in this chapter
shall be the same as they appear in N.J.S.A. 40:48-2.4, as may be
amended from time to time, and are as follows:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouse and appurtenances
belonging thereto or usually enjoyed therewith.
The Mayor and Borough Council of the Borough of South River.
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 authorized by
this chapter to exercise the powers prescribed herein and by N.J.S.A.
40:48-3 et seq. The public officer authorized to enforce this chapter
and exercise the powers herein shall be a Public Officer Board comprised
of those officers in charge of any department or branch of the government
of the Borough relating to health, fire, building regulations or to
other activities concerning buildings in the Borough. The Business
Administrator, Chief of Police, Borough Attorney and Borough Engineer
shall serve in an advisory capacity to the Public Officer Board which
shall meet at least six times annually and report to the Mayor and
Council every six months. The Board shall identify and monitor abandoned
and unfit buildings, unabated violations, the status of notices of
violation, placement of liens, imposition of penalties and municipal
court proceedings.
A.
Complaint. 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 or
any employee or agent of the branches of government referenced herein
(on his/her 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 notice/complaint stating the charges in that respect and containing
a notice that a hearing will be held before the business administrator
as designated agent of the public officer at a place therein fixed
no 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 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. In
the event that the owner and/or parties in interest cannot be located,
the public officer shall cause said notice/complaint to be published
in a newspaper circulating in the Borough once a week during two consecutive
weeks at least seven days prior to the hearing date.
[Amended 7-13-2009 by Ord. No. 2009-27]
B.
Order for abatement or demolition; costs to become
lien.
(1)
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
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 said building vacated and closed within the time set forth
in the order.
(2)
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 the 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 the order of removal.
(3)
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."
(4)
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.
(5)
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
of 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.
(a)
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.
(b)
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
custodian of the records of tax liens, and a copy thereof shall be
forthwith forwarded to the owner by registered mail.
(c)
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.
(d)
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 certificate.
(6)
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 and the
imposition of costs as a lien on the real property.
(7)
Nothing in this section shall be construed to impair
or limit in any way the power of the Borough 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.
C.
Service of complaints and orders.
(1)
Complaints or orders issued by a public officer pursuant
to this chapter shall be served upon persons either personally or
by certified mail.
(2)
If the whereabouts of such persons are 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 municipality or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
municipality in which the buildings are located.
(3)
A copy of such complaint or order shall be posted
in a conspicuous place on premises affected by the complaint or order.
(4)
A copy of such complaint or order shall be duly recorded
or lodged for record with the Middlesex County Clerk.
D.
Powers of public officer.
(1)
The public officer shall have the right 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 the others granted herein:
(a)
To investigate the building conditions in the
Borough 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,
(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.
(2)
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, P.L. 1971, c. 198, N.J.S.A. 40A:11-1 et seq., unless
the action is necessary to prevent imminent danger to life, limb or
property.
A.
Standards.
(1)
A public officer may determine that a building is
unfit for human habitation or occupancy or use if he finds that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such a building, the occupants of neighboring
buildings or other residents of the Borough. Such conditions shall
be deemed to include the standards of habitability of N.J.A.C. 5:28-1.1
et seq., and the following (without limiting the generality of the
foregoing):
(a)
Defects herein increasing the hazards of fire,
accident, or other calamities.
(b)
Lack of adequate ventilation, light or sanitary
facilities.
(c)
Dilapidation.
(d)
Disrepair.
(e)
Structural defects.
(f)
Uncleanliness.
(g)
Failure to comply with the requirements of the
Building or Construction Codes or the certificate of occupancy.
(2)
A vacant structure, which is not in danger of structural
collapse, may be deemed a public nuisance and an unsafe structure,
inimical to the welfare of the occupants of neighboring buildings
or other residents of the Borough, and the public officer may cause
the boarding of the structure or the abatement of the unsafe condition
pursuant to the procedures within this chapter.
(3)
A 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 public officer may cause the repair or the demolition of the building,
buildings or parts thereof pursuant to the procedures within this
chapter.
(4)
The public officer may use any additional standards
in any building or structures code adopted by the Borough of South
River.
B.
Remedies. Any person aggrieved by an order or complaint
issued by a public officer under this chapter may, within 30 days
after the posting and service of such order, bring an action for injunctive
relief to restrain the public officer from carrying out the provisions
of the order and for any other appropriate relief. The court may proceed
in the action in a summary manner or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action
taken pursuant thereto, or because of noncompliance by any person
with any order of the public officer.
C.
Assessment and collection of demolition costs. Whenever
the Borough undertakes the removal or demolition of any building or
structure which is dangerous to human life or the public welfare or
which constitutes a fire hazard, the Borough may, in addition to assessing
the cost of such removal or demolition as a municipal lien against
the premises, authorize the institution of an action at law for the
collection thereof in the Superior Court.
D.
Emergency demolition fund.
(1)
Any building or buildings, or parts thereof, which have come into a state of disrepair through neglect, lack of maintenance or use, fire, accident or other calamities or through any other act rendering the building or buildings, or parts thereof, in a state of disrepair, to the extent that the building is unfit for human habitation or occupancy or use, shall be deemed inimical to the welfare of the residents of the Borough of South River, and the public officer may exercise his powers to repair, demolish or cause the repairing or demolition of the building or buildings, or parts thereof, pursuant to Subsections B and C of this section.
(2)
The public officer, to finance the costs of accomplishing the purpose of Subsection A, shall have the power to accept gifts or grants from private or public agencies.
(3)
All funds received pursuant to Subsection B shall be placed in separate municipal fund, designated as the "Emergency Demolition Fund," to be used for demolition-related activities. The public officer shall have the sole discretion in determining which funds will be accepted and the time and manner of all expenditures necessary to carry out the purposes of this section.
E.
Administrative process and procedure. Process and
procedures for the administration of this chapter shall be governed
by the sections herein and N.J.S.A. 40:48-2.3 and 40:48-2.12a et seq.,
as amended.