[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford 5-17-1982 by Ord. No. 82-5. Amendments noted where applicable.]
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the borough charging that any building is
unfit for human habitation or occupancy or use or whenever it appears to the
public officer (on his own motion) that any building is unfit for human habitation
or occupancy or use, the public officer shall, if his preliminary investigation
discloses the basis for such charges, issue and cause to be served upon the
owner of and parties in interest in building a complaint, stating the charges
in that respect, containing a notice that a hearing will be held before the
public, fixed not less than seven days or more than 30 days after the serving
of said complaint; that the owner and parties in interest shall be given a
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 court shall not be controlling in
hearings before the public officer.
If, after such notice and hearing, the public officer determines that
the building under consideration is unfit for human habitation or 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 said
building be made by the owner within a reasonable time, which time shall be
set forth in the order by the option of the owner to vacate or have said 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 approve said building within the time
specified in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said 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 public
officer may cause such building to be repaired, altered or improved or to
be vacated and closed; the public officer may cause to be posted on the main
entrance of the main 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 public officer may cause such building to be removed or demolished
or may contract further removal or demolition thereof after advertisement
for and receipt of bids therefor.
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 such costs of such repairs, alterations or improvement 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 the 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 public
officer, 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 the sum total of such costs
exceeds the total of such credits, a detailed statement of the aforesaid costs
and the amounts so due shall be fixed with the Municipal Tax Assessor or the
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 exceed
such costs, the balance remaining shall be deposited in the Superior Court
by the public officer, shall be secured in such manner as may be directed
in 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 of judgment
of such Court.
C.
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 a municipal lien certificate.
If an actual and immediate danger to life is posed by the threat of
collapse of any fire-damaged or other structurally unsafe building, the public
officer may, after taking such measures as may be necessary to make such building
temporarily safe, seek a judgment in summary proceedings for the demolition
thereof.
Nothing in this chapter 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 and abatement by summary proceedings, or otherwise, nor is anything
in this chapter intended to limit the authority of the enforcing agency or
Construction Official under the State Uniform Construction Code, P.L. 1975,
c. 217 (N.J.S.A. 52:27d-119 et seq.) or any rules or regulations adopted thereunder.[1]
For purposes of this chapter, the public official shall be the Building
Subcode Official.
