[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 8, Art. 2, of the 1979 Revised General Ordinances of Paterson]
No building, wall or structure or any part thereof
which is or may become dangerous to life or health or which creates
a fire hazard or might tend to extend a conflagration shall be permitted
to remain in such condition in the City.
If the Construction Official shall determine,
after due inspection, that a building, wall or structure is or may
become dangerous to life or health or might tend to extend a conflagration
and should be repaired, removed or destroyed, the Construction Official
shall give notice to the owner of any land affected thereby of the
contemplated repair, removal or destruction of such building, wall
or structure.
The notice required by § 157-2 shall contain a description of the property affected, sufficiently definite in terms to identify the same, as well as the manner in which such repair, removal or destruction is to be carried out, and a notice that unless such building, wall or structure is repaired, removed or destroyed within 30 days after service of such notice, the municipality will proceed with such repair, removal or destruction or cause the same to be repaired, removed or destroyed under the provisions of this article and the statutes made and provided, and that the cost of such repair, removal or destruction shall be charged against the property affected as a municipal lien.
The notice required by § 157-2 may be served upon the owner resident in the City in person or by leaving the same at his usual place of residence with a member of the family above the age of 14 years. In case any such owner shall not reside in the City, notice may be served upon the owner personally or mailed to his last known post office address or may be served upon the occupant of the property or upon the agent of the owner in charge thereof. In case the owner of any such property shall be unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once not less than 30 days before the proposed repair, removal or destruction, in a newspaper circulating in the City. There may be inserted in such advertisement notice to the owner of several different parcels of land. Notice to infant owners or owners of unsound mind shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by two or more joint tenants, tenants in common or tenants by entirety, service upon one of such owners shall be sufficient and shall be deemed and taken as notice to all.
The Construction Official shall file with the Revenue Collections Division, within 10 days after service of the notice required by § 157-2 of this article, proof of such service or proof of publication if advertised. The failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
On the failure of the owner of such property
to comply with the terms of such notice required to be given under
this article, the Construction Official is hereby authorized to repair,
remove or destroy or cause to be repaired, removed or destroyed the
building, wall or structure described in such notice, keeping an accurate
account of the cost and expenses thereof, together with the cost and
expenses in the removing of the debris from the premises, and shall
file a true statement thereof under oath with the City Clerk. Upon
examination by the Council of the statement and the ascertainment
that the same was properly made and correct and so confirmed by the
Council, the same shall be filed in the office of the City Clerk who
shall record the same in a book to be kept for that purpose and who
shall certify the amount to the Revenue Collections Director to be
charged upon the books of the City against the lands on which the
building, wall or structure was repaired or from which removed or
destroyed. Such charge with interest thereon shall forthwith become
a lien on the premises and shall be added and form a part of the taxes
next to be assessed and levied upon such lands and be collected in
the same manner as other taxes.
In addition to the provisions of §§ 157-1 to 157-6 of this article, buildings, walls or other structures which shall be unsafe so as to be a danger to life and limb shall immediately, upon notice from the Construction Official, be made safe and secure or taken down, and when the public safety requires immediate action, the Construction Official may forthwith enter upon the premises with such assistance as may be necessary and cause such structure to be made secure or taken down at the expense of the owner or party in interest.
Every building which shall have been damaged by fire or other cause so as to be dangerous by reason of bad condition of walls, floors, construction or otherwise shall be held to be unsafe, and the Construction Official, besides proceeding as provided in the preceding section, shall also affix a notice of the dangerous character of the structure to a conspicuous place on the exterior of such building. Any person removing such notice so affixed shall be liable to a penalty as provided in § 157-10 of this article.
In case any order or notice issued by the Construction Official to remedy a condition perilous to life and property is not complied with immediately, the Construction Official may order any building, structure, premises or part thereof to be vacated, and in case any person neglects or refuses to vacate such unsafe structure or premises in question, he shall, upon conviction thereof, be punished as provided in § 157-10 of this article.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, by imprisonment for a term not exceeding 90 days
or by a period of community service for not more than 90 days, or
any combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
