[HISTORY: Adopted by the Borough Council of the Borough of Alpine
as § 13-3 (Ord. No. 191) of the 1970 Revised General Ordinances.
Amendments noted where applicable.]
The Mayor is designated to exercise the powers prescribed by this chapter.
Whenever a petition is filed with the Mayor by a public authority or
by at least five residents of the borough charging that any building is unfit
for human habitation, occupancy or use, or whenever it appears to the Mayor
on his own motion that any building is unfit for human habitation, occupancy
or use, the Mayor 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 complaint stating the charges in that respect
and containing a notice that a hearing will be held before the Mayor, or his
designated agent, at a place therein fixed not less than 10 days nor more
than 30 days after the serving of the 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 Mayor.
If, after such notice and hearing, the Mayor determines that the building
under consideration is unfit for human habitation, 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:
A.
Requiring the repair, alteration or improvement of the
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
the building vacated and closed within the time set forth in the order; and
B.
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 building within the time specified
in the order, then the owner shall be required to remove or demolish the building
within a reasonable time as specified in the order of removal.
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 Mayor
may cause such building to be repaired, altered or improved, or to be vacated
and closed. The Mayor 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."
If the owner fails to comply with an order to remove or demolish the
building, the Mayor 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.
A.
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
borough and the 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.
B.
If the building is removed or demolished by the Mayor,
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.
C.
If there are no credits or if the sum total of the costs
exceeds the total of such credits, a detailed statement of the costs and the
amount so due shall be filed with the Borough Tax Assessor or other custodian
of the record of tax liens and a copy thereof shall be forthwith forwarded
to the owner by registered mail. If the total of the credits exceeds the costs,
the balance remaining shall be deposited in the Superior Court by the Mayor,
shall be secured in such manner as may be directed by the 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 the court; provided,
however, that nothing in this subsection 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.
D.
Any owner or party in interest may, within 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 Mayor may determine that a building is unfit for human habitation,
occupancy or use if he finds that conditions exist which are dangerous or
injurious to the health or safety of the occupants of the building, the occupants
of neighboring buildings or other residents of the borough. Such conditions
may include, without limitation thereto, defects increasing the hazards of
fire, accident or other calamities; lack of adequate ventilation, light or
sanitary facilities; dilapidation; disrepair, structural defects and uncleanliness.
A.
Any building, wall or structure which is or may become
dangerous to life or health, or might tend to extend a conflagration, shall
be taken down, destroyed and removed or made safe and secure, and the cost
thereof may be assessed as a municipal lien against the lot, tract or parcel
of land or premises upon which the unsafe and dangerous structure stands or
stood.
B.
Immediately upon the receipt of a report from either
the Chief of Police, Fire Chief, Health Officer or Building Inspector that
a building, wall or structure, or any part thereof, is or may become dangerous
to life or health, or might tend to extend a conflagration, the Mayor shall
report the same at the next meeting of the Council and a copy of his report
shall be included in the minutes of that meeting. He shall forthwith cause
to be served on the owner, executor, administrator, agent, lessee or any other
person who may have a vested or contingent interest in the structure or premises,
a written notice containing a description of the structure or premises and
a statement of the particulars in which the structure or premises are deemed
to be dangerous to life or health or which may become dangerous to life or
health, or might tend to extend a conflagration, together with an order requiring
the structure or premises to be made safe and secure, or removed and destroyed.
The notice shall require the person to certify to the borough his acceptance
or rejection of the order.
C.
If the person served with a notice and order shall immediately
certify his assent to the securing or removal and destruction of the unsafe
or dangerous structure and premises, he shall be allowed 24 hours from the
time of service of the notice and order within which to commence the abatement
of the unsafe and dangerous conditions. He shall employ sufficient labor and
assistance to secure or remove and destroy the unsafe or dangerous conditions
as expeditiously as the Mayor considers it reasonable to require.
A.
Upon the refusal or neglect of the person served with the notice and order, as provided in § 85-8, to comply with any of the requirements thereof, a further written notice shall be served upon him to the effect that a survey of the premises will be made at a specific time and place. The survey shall be made by three competent persons, one of whom shall be the Borough Engineer, another a licensed architect, and the third a practical builder, each of whom shall be appointed by the Mayor. The owner or any other person interested in the premises shall have the right to designate some person to represent him in making the survey.
B.
The notice shall also set forth that if the premises
referred to are reported by the surveyors to be dangerous to life or health,
or likely to become so, or might tend to extend a conflagration, their report
will be placed before the Council and that a hearing upon the allegations
and statements contained therein will be held before the Council at a specific
time and place, to determine whether the unsafe or dangerous structure or
premises shall be repaired and secured, or taken down, removed and destroyed,
and that the report of the survey shall constitute the issue to be placed
before the Council.
A.
After the hearing by the Council on the report of the
surveyors, the Council may condemn any building, wall or structure as dangerous
to life or health or likely to become so, or that might tend to extend a conflagration,
and order the Mayor to remove or destroy such structure, who shall keep accurate
account of the cost and make reports thereof as required by law.
B.
Whenever any building or part thereof in the borough,
in the opinion of the Mayor, is dangerous to life or health, or is so unfit
for human habitation, and cannot be remedied by repairs or otherwise, except
by the destruction of such building or portion thereof, the Mayor may make
an order to vacate such building.
