New Jersey-2010-S1752-Introduced

An Act concerning the amelioration of unsafe housing conditions in municipalities and amending P.L.1942, c.112 and P.L.1979, c.476.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1942, c.112 (C.40:48-2.5) is amended to read as follows:

3. Upon the adoption of a resolution finding that building conditions of the character described in section 1 hereof exist within a municipality, the governing body of such municipality is hereby authorized to adopt an ordinance relating to buildings within such municipality which are unfit for human habitation or occupancy or use. Such ordinance shall include the following provisions:

(a) That a public officer be designated or appointed to exercise the powers prescribed by the ordinance.

(b) That whenever a petition is filed with the public officer by a public authority or by at least five residents of the municipality 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 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 public officer [(or], his designated agent[)] or, with the consent of the Supreme Court, a judge of the municipal court acting as the finder of fact, at a place therein fixed not less than 7 days nor more than 30 days after the serving of said 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 to request that the hearing be held before a judge of the municipal court acting as the finder of fact, if so authorized by the Supreme Court; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer.

(c) That if, after such notice and hearing and report by the finder of fact, 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:

(1) requiring the repair, alteration or improvement of the said 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 said building vacated and closed within the time set forth in the order; and

(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 said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.

(d) That, 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; that the public officer 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."

(e) That, 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 for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.

(f) That the amount of

(1) 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 act determined in favor of the municipality, and

(2) such 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. 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 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 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 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 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 municipal lien certificate.

If an actual and immediate danger to life is posed by the threatened 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 section 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 or abatement, by summary proceedings or otherwise, nor is anything in this act intended to limit the authority of the enforcing agency or construction official under the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) or any rules or regulations adopted thereunder.

(cf: P.L.1979, c.43, s.2)

2. Section 5 of P.L.1942, c.112 (C.40:48-2.7) is amended to read as follows:

5. Complaints or orders or a summons issued by a public officer pursuant to an ordinance adopted under [this act] P.L.1942, c.112 (C.40:48-2.3 et seq.) shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order or summons upon such persons may be made by publishing the same once in a newspaper printed and published in the municipality, or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the buildings are located. A copy of such complaint or order or summons shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order or summons shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.

(cf: P.L.1979, c.43, s.3)

3. Section 7 of P.L.1942, c.112 (C.40:48-2.9) is amended to read as follows:

7. An ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of [this act] P.L.1942, c.112 (C.40:48-2.3 et seq.), including the following powers in addition to others herein granted: (a) to investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation or occupancy or use; (b) to administer oaths, 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 he deems necessary to carry out the purposes of the ordinances; [and] (e) to delegate any of his functions and powers under the ordinance to such officers and agents as he may designate; and (f) to sign, issue and serve a complaint and summons upon any person for a violation of any provision of P.L.1942, c.112 (C.40:48-2.3 et seq.).

Any action taken using revenues derived from the local property tax shall be taken only after advertisement for, and receipt of, bids therefor, pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), unless the action is necessary to prevent imminent danger to life, limb or property.

(cf: P.L.1992, c.89, s.3)

4. Section 1 of P.L.1979, c.476 (C.40:48-2.12m) is amended to read as follows:

1. The governing body of a municipality may adopt ordinances regulating the maintenance and condition of any unit of dwelling space, upon the termination of occupancy, in any residential rental property for the purpose of the safety, healthfulness, and upkeep of the structure and the adherence to such other standards of maintenance and condition as are required in the interest of public safety, health and welfare. Such ordinances shall require the owner of any residential rental property, prior to rental or lease involving a new occupancy of any unit of dwelling space in such property, to obtain a certificate of inspection or occupancy for the unit of dwelling space. Such certificate of inspection or occupancy shall be issued by the municipality upon the inspection of the unit of dwelling space by a municipal inspector and his findings that such unit meets the standards provided by law. The municipal inspector, in enforcing an ordinance adopted by the governing body pursuant to this section, may sign, issue and serve a complaint and summons upon any person for a violation of any provision of the ordinance. The municipality may charge a fee to fund the costs of the inspections and the issuance of the certificates. For purposes of this act "owner" means the person who owns, purports to own, or exercises control of any residential rental property.

(cf: P.L.1979, c.476, s.1).

5. This act shall take effect immediately.

STATEMENT

This bill would authorize the designation of the municipal court judge as a hearing officer in a complaint that a building is unfit for human habitation or occupancy or use. Under current law, such a hearing is to be held before the public officer or his designated agent, though the law does not identify who this agent might be.

Current law authorizes a municipality to designate a public officer who can be empowered to determine whether a building is unfit for human habitation or occupancy or use and then hold a hearing on the matter at which the owner of the building and parties in interest may respond to the complaint.

By allowing the municipal court judge to act as the finder of fact at this hearing, this bill, as amended, would afford a public officer whose impartiality might be placed into question with the alternative of designating the municipal court judge to preside as the hearing officer, subject to the consent of the Supreme Court. This bill, as amended, would also bestow upon owners and parties in interest the right to request that a hearing be held before the municipal judge, if so authorized by the Supreme Court.

Additionally, this bill would grant housing inspectors the right to issue summonses in those municipalities which exercise the authority to regulate the maintenance and condition of rental units under section 7 of P.L.1942, c.112 (C.40:48-2.9) and section 1 of P.L.1979, c.476 (C.40:48-2.12m).

Section 7 of P.L.1942, c.112 (C.40:48-2.9) enumerates the powers of public officers in a municipality which adopts a resolution finding that there exist within the municipality old, dilapidated or out of repair buildings which pose a health and safety risk to the residents of the municipality.

Section 1 of P.L.1979, c.476 (C.40:48-2.12m) authorizes municipalities to adopt ordinances to inspect residential rental property for adherence of safety, health and maintenance standards upon the termination of occupancy of the unit and prior to its rental to another tenant.