Borough of Roselle, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle 10-20-1970 by Ord. No. 1250.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 15.
Building construction — See Ch. 46.
Numbering of buildings — See Ch. 49.
Fire prevention — See Ch. 66.
[1]
Editor's Note: The provisions of this chapter are derived from Article XXIV of Chapter 6 of the Revised Ordinances of the Borough of Roselle adopted 10-20-1970 as Ord. No. 1250.
Whenever the Fire Prevention Bureau or the Building Inspector shall determine that conditions exist in an abandoned building which are dangerous or injurious to the occupants of neighboring buildings or other residents in Roselle, as provided by law, it or he shall 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 Board of Appeals, established in § 48-5, at a place therein fixed not less than ten (10) nor more than thirty (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 the rules of evidence shall not be controlling in hearings before the Board of Appeals.
If, after such notice and hearing, the Board of Appeals determines that conditions exist in such abandoned building which are dangerous or injurious to the health or safety of the occupants of neighboring buildings or other residents in Roselle, 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:
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; and
B. 
If 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.
If the owner fails to comply with an order to repair, alter, improve or demolish the building, the Fire Prevention Bureau or the Building Inspector, whoever made the complaint, may cause such building to be repaired, altered or improved or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
A. 
The amount of:
(1) 
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 §§ 48-1 through 48-3 determined in favor of Roselle, and
(2) 
The cost incurred by the borough in undertaking 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.
B. 
If the building is removed or demolished by the said Fire Prevention Bureau[1] or Building Inspector, it or 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 Tax Assessor 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 by the Tax Assessor, 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.
[1]
Editor's Note: See Ch. 66, Fire Prevention.
C. 
Any owner or party in interest may, within sixty (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.
The Board of Appeals referred to in this chapter shall consist of a Councilman and two (2) residents of the Borough of Roselle who shall not be officials or employees of the borough, the Board of Education or any of their agencies or boards. The Board may administer oaths and affirmations, examine witnesses and receive evidence. The members of the Board shall be appointed by the Mayor, with the consent of the Council, for a term expiring December 31 of each year or until their successors are appointed and shall qualify.