[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades
Park 7-8-1976 as Section 8-4 of the Revised General Ordinances
of 1975. Amendments noted where applicable.]
The Building Inspector of the borough is hereby designated as the officer
to exercise the powers prescribed by this chapter, and he shall serve in such
capacity without any additional salary.
For the purpose of this chapter, the Building Inspector may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in such dwelling which are dangerous or injurious to the health or safety
of the occupants of such dwelling, the occupants of neighboring dwellings
or other residents of the borough. Such conditions may include the following
(without limiting the generality of the foregoing): defects therein increasing
the hazards of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities, and dilapidation, disrepair, structural defects
or uncleanliness.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, as approved by the Departments of Health
and Conservation and Economic Development and filed in the Secretary of State's
office, is hereby accepted, adopted and established as a standard to be used
as a guide in determining the fitness of a building for human habitation or
occupancy or use. Three copies of the New Jersey State Housing Code have been
placed on file in the office of the Borough Clerk and are available to all
persons desiring to use and examine the same.
[Amended 8-15-1995 by Ord. No. 1226]
Whenever a petition is filed with the Building Inspector by a public
authority as defined in N.J.S.A. 40:48-2.4 or by at least five residents of
the borough charging that any dwelling is unfit for human habitation as herein
defined or whenever it appears to the Building Inspector, on his own motion,
that any dwelling is unfit for human habitation as herein defined, he 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 dwelling
a complaint stating the charges in that respect and containing a notice that
a hearing will be held before the Building Inspector or his designated agent,
at a place therein fixed, not less than seven 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 time and place fixed in the complaint;
and that the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the Building Inspector.
A.
If, after such notice and hearing, the Building Inspector
determines that the dwelling under consideration is unfit for human habitation
as herein defined, 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:
(1)
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, the vacating or having
the 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 building within the time specified
in the order, that the owner remove or demolish the building within a reasonable
time as specified in said order of removal.
B.
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 Building Inspector may cause such building to be repaired, altered or
improved or to be vacated and closed, and the Building Inspector 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."
C.
If the owner fails to comply with an order to remove
or demolish the building, the Building Inspector 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.
D.
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 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. If the building is removed or demolished by
the Building Inspector, 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. 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 Borough
Tax Assessor or other custodian of the records of tax liens, 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 Building Inspector, 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. 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 borough lien certificate.
[Amended 8-15-1995 by Ord. No. 1226]
[Amended 8-15-1995 by Ord. No. 1226]
Complaints or orders issued by the Building Inspector pursuant to this
chapter shall be served upon persons either personally or by registered mail,
but, if the whereabouts of such persons are unknown and the same cannot be
ascertained by the Building Inspector in the exercise of reasonable diligence
and the Building Inspector shall make an affidavit to that effect, then the
serving of such complaint or order upon such persons may be made by publishing
the complaint once in a newspaper printed and published in the borough. 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 dwelling is located.
A.
The Building Inspector is hereby authorized and empowered
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,
in addition to others herein granted:
(1)
To investigate the dwelling conditions in the borough
in order to determine which dwellings therein are unfit for human habitation.
(2)
To administer oaths and affirmations and examine witnesses
and review evidence.
(3)
To enter upon premises for the purpose of making an examination,
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
(4)
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this chapter.
(5)
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
B.
Nothing in this chapter shall be construed to abrogate
or impair the power of the borough or any officer of department to enforce
any provisions of its chapter or its ordinances or regulations or to prevent
or punish violations thereof, and the powers conferred by this chapter shall
be in addition and supplemental to the powers conferred upon the borough by
any other law or ordinance.
