The Director of the Department of Inspections
is hereby designated as the officer to exercise the powers prescribed
hereinafter. The Director shall serve in such capacity without any
additional salary.
For the purposes of this article, a building
shall be unfit for human habitation or occupancy or use if by reason
of structural defect, deterioration, damage, despoliation, dilapidation,
contamination, filth, infestation or other deleterious condition the
building is dangerous or injurious to the health or safety of its
occupants, the occupants of neighboring buildings or other residents
of the City.
[Amended 2-5-2004 by Ord.
No. 04-6; 11-14-2019 by Ord. No. 19-68]
Whenever it appears to the Director of the Department
of Inspections that any building may be unfit for human habitation
or occupancy or use as herein defined, whenever a petition is filed
with the Director of the Department of Inspections by a public authority
or by at least five residents of the City charging that any building
is unfit for human habitation or occupancy or use as herein defined
(s)he shall conduct a preliminary investigation of the facts presented
to him. If the preliminary investigation discloses a basis for the
charges, (s)he shall issue and cause to be served upon the Owner or
his/her agent or representative and all Lienholders and Mortgagees
("Parties of Interest") of the premises in question, a complaint stating
the charges and containing a notice that a hearing will be held before
the Director of the Department of Inspections or his/her designated
agent at a place therein fixed, not less than seven days nor more
than 30 days after the serving of the complaint. The power or party
in interest shall be notified of his/her 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. The rules of evidence
prevailing in the state courts shall not be controlling in this hearing.
[Amended 11-14-2019 by Ord. No. 19-68]
If, after the notice and hearing, the Director
of the Department of Inspections determines that the building under
consideration is unfit for human habitation or occupancy or use, (s)he
shall state in writing his/her findings of fact in support of this
determination and shall issue and cause to be served upon the Owner
thereof or his/her agent or representative, and the Parties in Interest,
in the manner prescribed above, an order:
A.
Requiring the repair, alteration or improvement of
the building to be made by the owner or his/her agent or representative
within a reasonable time, which time shall be as set forth in the
order, or at the option of the owner to vacate or have the building
vacated and closed in the manner and within the period prescribed
by the order.
B.
Requiring the demolition or removal of the building
or any portion thereof in the manner and within the period prescribed
by the order, 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 building within the time
specified in the order.
Any dwelling or dwelling unit which has been
condemned and placarded as unfit for human habitation by the Director
of the Department of Inspections shall be vacated within a reasonable
time as required by the Director of the Department of Inspections.
No owner or operator shall let to any person for human habitation
and no person shall occupy any dwelling or dwelling unit which has
been condemned and placarded by the Director of the Department of
Inspections after the date on which the Director of the Department
of Inspections has required the affected dwelling or dwelling unit
to be vacated. Where premises are ordered vacated, all doors to the
exterior shall be locked and first story and basement windows boarded
to prevent entry.
A.
Correction of defects. No dwelling or dwelling unit
which has been condemned and placarded as unfit for human habitation
shall again be used for human habitation until written approval is
secured from and the placard is removed by the Director of the Department
of Inspections. The Director of the Department of Inspections shall
remove the placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated.
B.
Declaration of public nuisance. All dwellings condemned
as unfit for human habitation within the provisions of this article
are hereby declared to be public nuisances and shall be repaired,
vacated, demolished or secured within the time and in the manner specified
by the Housing Inspector or the Municipal Court. Dwellings to be secured
under this article must be secured in accordance with the following
requirements:
(1)
All accessible openings shall be boarded with one-half-inch
plywood set by nails or screws securely against the outside of the
dwelling with the exception of at least one doorway, which shall be
secured by an operable lock door. Accessible openings required to
be boarded shall include all windows, doorways and other breaches
in an exterior wall reasonably capable by nature of its size and location
of being entered by vandals.
(2)
All inaccessible openings shall be boarded with one-quarter-inch
plywood set against the exterior or interior of the dwelling. Inaccessible
openings required to be boarded shall include all windows and other
breaches in an exterior wall which would make the building vulnerable
to the deteriorating effects of the elements.
(3)
Windows and doorways which are found by the Building
Inspector to be adequately protected by existing materials, including
glass and wood or metals, may be exempted in whole or in part upon
review by the Building Inspector. Such exemption shall be temporary
and subject to further review and order of the Building Inspector.
(4)
All plywood used to cover openings pursuant to this
article shall be painted with the color matching the trim or siding
of the dwelling.
No person shall deface or remove the placard from any dwelling unit which has been condemned as unfit for human habitation and placarded as such except as provided in § 132-99.
If the owner, or his/her agent or representative, fails to comply with this order, the Director of the Department of Inspections shall cause the violation of this article to be prosecuted according to law and cause the building to be repaired, altered or improved, or to be vacated or closed, in the manner set forth in this article and shall 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, occupancy or use; the use or occupation of this building after the date of the notice is prohibited and unlawful." If the owner or his/her agent or representative fails to comply with an order to remove, repair, alter or demolish the building, the Director of the Department of Inspections may cause the building to be removed, repaired, altered or demolished or may contract for the work to be performed after advertisement for, and receipt of, bids therefor pursuant to Article XIII.
[Amended 11-14-2019 by Ord. No. 19-68]
A.
The cost
of the filing of legal papers, expert witness' fees, search fees and
advertising charges, incurred in the course of any proceeding taken
under this article determined in the favor of the City, and the amount
of such cost of repairs, alterations or improvements, vacating and
closing, removal or demolition, shall be a municipal lien against
the real property upon which the building is or was located. If the
building is removed or demolished by the Director of the Department
of Inspections, (s)he shall sell the materials of the building and
credit the proceeds of the sale against the cost of the removal or
demolition.
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 municipal Tax Collector
or other custodian of the records of tax liens, and a copy thereof
shall be forthwith forwarded to the Owner and Parties in Interest
by registered mail. If the total of the credits exceed such costs,
the balance remaining shall be deposited in the Superior Court by
the Director of the Department of Inspections, and shall be secured
in such manner as may be directed by that Court, and shall be disbursed
by that Court to the persons found to be entitled thereto by final
order or decree of that Court. 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.
C.
However, nothing in this section shall be construed to impair or
limit in any way the power of the City to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise, as provided by any law or ordinance.
Notices, complaints or orders issued by the
Director of the Department of Inspections pursuant to this article,
shall be served upon persons either personally or by registered mail,
provided that if the identity or location of such person is unknown
and cannot be ascertained by the Director of the Department of Inspections
in the exercise of reasonable diligence, and the officer shall make
an affidavit to that effect, the service of the complaint or order
upon such persons may be made by publishing it once each week for
two successive weeks in a newspaper printed and published in the City.
A copy of the complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order, and a copy
of the complaint or order shall be duly recorded or lodged for record
with the county recording officer of the county in which the building
is located.
The Director of the Department of Inspections
is hereby authorized and empowered to exercise such powers as may
be necessary to carry out and effectuate the purposes and provisions
of this article, including but not limited to the following:
A.
To investigate the building conditions in the City
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
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 (s)he deems necessary to carry out the purposes of
this article.
E.
To delegate any of his/her functions and powers under
this article to such officers and agents as (s)he may designate.
F.
Upon approval by resolution of the City council, to
seek an order of the Superior Court pursuant to N.J.S.A. 40:48-2.12h
appointing himself/herself receiver ex officio of the rents and income
of the property in question and to do all things incidental thereto
including the appointment of a custodian as provided by N.J.S.A. 40:48-2.12a
et seq.
Nothing in this section shall be construed to
abrogate or impair the power of the City or any officer or department
to enforce any provisions of its Charter, or its ordinances or regulations,
nor to prevent or punish violations thereof. The powers conferred
by this article shall be in addition and supplemental to the powers
conferred upon the City by any other law or ordinance.
