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HomeMy Public PortalAboutOrdinance 00:29 oo-29 Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE CONSOLIDATING CHAPTERS 93 AND 149 OF THE CODE OF THE BOROUGH OF CARTERET AND PROVIDING FOR THE ESTABLISHMENT OF A PROCEDURE TO ADDRESS ABANDONED BUILDINGS BE, IT ORDAINED by the Mayor and Council of the Borough of Carteret that there is hereby established a new Chapter of the Code of the Borough of Carteret, to be designated Chapter 93 which shall read in its entirety as follows: CHAPTER 93 HOUSING STANDARDS, UNSAFE AND ABANDONED BUILDiNGS 1. General Authority, Standards, Definitions. 93-1 Purpose. This chapter shall provide for the repair or demolition of buildings within the boundaries of the Borough of Carteret which are a.) so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy or use, am inimical to the welfare and dangerous and injurious to the health and safety of the people of the Borough of Cartemt, or b.) have become vacant and am in such condition as to be detrimental to the health, safety and welfare of the citizens of the Borough. 93-2 Adoption of standards: copies on file. A. In accordance with the provisions of N.J.S.A. 40:49-5.1, the New Jersey Housing Code, as amended from time to time and the Cartemt Property Maintenance Code are hereby adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use and governing the condition of dwellings. A copy of the New Jersey State Housing Code is attached to and made a part of this chapter without the text being included herein. B. Three (3) copies of the New Jersey State Housing Code have been placed on file in the office of the Clerk and will remain on file there for the use and examination of the public. 93-3 Definitions. As used in this chapter, the following terms shall have the meanings indicated: BUILDiNG- Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any appurtenances belonging thereto or usually enjoyed therewith. ENFORCING AUTHORITY- The administrative and enforcing authority for the provisions of this Chapter shall be the Construction Code Official or his designee and shall hereinafter be referred to as the "officer". t-)o, 00-29 PAGE. 2 OWNER- The holder or holders of the title in fee simple. PUBLIC AUTHORITY- Any municipal employee in charge of any department relating to health, fire or building regulations. PUBLIC OFFICER- For the purposes of this chapter, the Construction Code Official or his designee. Structure unfit for human occupancy: A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. Unlawful structure: An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. Unsafe equipment: Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. Unsafe structure: An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, stmcturally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is likely. 93-4 Applicability. This chapter shall constitute the standards to guide the officer in determining the fitness of any dwelling, dwelling unit, rooming unit or promises for human habitation, use or occupancy. 93-5 Additional rules and regulations. The officer may make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation, however, shall be inconsistent with or alter or amend any provision of this chapter, and no regulation shall impose any requirements that are expressly or by implication imposed by any provision of this chapter. Rules and regulations shall be subject to the same penalty as other violations of this chapter. NO. 00-29 PAGE 3 93-6 Inspections: Right of entry. A. When a complaint is filed with the officer by a public authority or by a resident of the Borough charging that a dwelling is unfit for human habitation, or upon the motion of the officer, the officer or his agents or employees shall make inspections to determine the condition of dwellings, dwelling units and premises at such reasonable hom:s as the circumstances of the cases permit. This section shall not be construed to prohibit the entry of the officer or his agents at any time when an actual emergency exists which tends to created a danger to public health or safety or at any time when an inspection is requested by an owner occupant. B. The owner, occupant or person in charge of a dwelling, dwelling unit or Rooming unit shall give the officer or his agents, on the presentation of proper identification, free access to the premises for the purpose of inspection or of making any repairs or alterations which are necessary to effect compliance with this chapter. 93-7 Search warrants The officer or his agents may, upon affidavit, apply to the Judge of the Municipal Court of the borough for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises; and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist. II. Notice of Violation. Permitted Action Hearing. Appeal 93-8 Notice of viOlation Whenever the Enforcing Official determines that there has been a violation or has reasonable grounds to believe that a violation has occurred, or any provision of this chapter or of any role or regulation adopted pursuant thereto he shall here notice of the alleged violation to the person or persons responsible therefor as hereinafter provided. The notice shall: A. Be put in writing. B. Include a description of the real estate involved. C. Include a statement of the reasons why it is being issued. D. Include a correction order allowing a reasonable time for the performance of any act it requires, to bring the dwelling unit or structure into compliance. E. Be served upon the owner or his agent or the occupant, as the case may require, provided that notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally or if a copy thereof is sent by certified mail to his last know address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized or required under the laws of this state. The notice may contain an outline or remedial actions which, if taken, will effect compliance with the provisions of this chapter and with roles and regulations adopted pursuant thereto. NO. 00-29 PAGE 4 93-9 Hearings. A. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on matter before the officer, provided that such person files with the officer a written petition requesting a hearing and,setting forth a brief and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice is served. Upon receipt of the petition the officer shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the heating, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition is filed, provided that, upon application of the petitioner, the officer may postpone the day of the hearing for a reasonable time beyond the ten-day period if, in his judgment, the petitioner has submitted good and sufficient mason for the postponement. B. After the heating, the officer shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with. If the officer sustains or modifies the notice, it shall be deemed to be an order. C. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed with the officer within ten (10) days after the notice is served. D. The proceedings at the heating, including the findings and the decision of the officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the officer. The record shall also include a copy of every notice or order issuce in connection with the matter. E. Any person aggrieved by the decision of the officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state. F. Whenever the officer finds that an emergency exists which requires immediate action to protect public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such actions be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the officer, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the officer shall continue such order in effect or modify it or revoke it. III. CONDEMNATION, VACANT BUiLDINGS, EMERGENCY MATTERS. 93-10 Condemnation General: When a structure or equipment is found by the Construction code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 00-29 PAGE 93-11 Condemnation Notice: Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with this chapter. The notice shall be in the form prescribed herein. 93-12 Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment, placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 93-13 Prohibited occupancy: Any person who shall occupy a placarded premises or shall operate placarded equipment, - any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 93-14 Removal of placard: The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 93-15 Imminent danger: When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life in endangered by the occupation of the structure, or when any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same. 93-16 Closing of vacant structures: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up' so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be close through any available public agency or by contact or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and -- shall be a lien upon such estate. ~0: {30-29 PA61E 6 93-17 Temporary safeguards: Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order '-" the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary t meet such emergency. 93-18 Closing streets: When necessary for the public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 93-19 Emergency repairs For the purposes of this section, the code official shall employ the necessary labor and - materials to perform the required work as expeditiously as possible. 93-20 Costs of emergency repairs: Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on approval of the code official. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 93-21 Hearing: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a heating as described in this code. IV. DEMOLITION 93-22 General: The code official shall order the owner of any promises upon which is located any structure, which in the code official's judgement is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to raze and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure. 93-23 Order: All notices and orders shall comply with the Chapter. NO.' 00-29 PAGE 93-24 Failure to comply: If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be razed and removed, either '-- through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a l!en upon such real estate. 93-25 Salvage materials: When any structure has been ordered razed and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. V. APPEALS, MISCELLANOUS, PENALTiES 93-26 Application for appeal: Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Middlesex County Construction Board provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 93-27 Transfer of ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a tree copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. PAGE_ 8 NO, 00-29 93-28 ¥iolations and penalties. [Added 4-19-1990 by Ord. No. 90-1{5] Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in 1-17 of this code. BE IT FURTHER ORDAINED that the sections of the existing Chapter 149 and 93 which are included in this Consolidated Ordinance are hereby deleted. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE CRZLLEY I X qUZ Ot ES '--~EKAS '" ' I~ SANTORO SOHAYDA O~ BRIEN X - Indlcnt¢ Vote AB - Absent NV - Not Voting XOR - Indicates Vnle to Overrule Vcto Cp . Adopted on first reading of the Council of the Borongh of Carleret, N.J., on _ ,]uly 27; 9_000 Adopted on second reading after hearing on AUKLi~L os ?1 s/Ce -