§ 137-8. Actions upon determinations.

A. 

If, after such notice and hearing, the Public Officer determines that the building or dwelling under consideration is unfit for human habitation, occupancy or use, or is dangerous or unsafe, the Public Officer shall state, in writing, his or her 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 the repair, alteration or improvement of said building or dwelling 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 or dwelling vacated and closed within the time set forth in the order.

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

C. 

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 or dwelling, 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 any building or dwelling so closed, a placard with the following words: "This building or dwelling is unfit for human habitation, occupancy or use; the use or occupation of this building or dwelling is prohibited and unlawful."

D. 

If the owner fails to comply with an order to remove or demolish the building or dwelling, the Public Officer may cause such building or dwelling to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.

E. 

If the owner fails to comply with an order to repair, alter or improve, the Public Officer may appoint a custodian of such building or dwelling on behalf of the Borough, who may be either an official of the Borough or any other person specially designated to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of the Borough Code and state laws applicable thereto; compensation of the custodian, which shall be part of the expenses provided for below, shall be at a rate to be established by resolution of the Mayor and Council but in no event more than $100 per day.

F. 

If the owner violates this chapter or fails to abate a condition harmful to the health and safety of the occupants of the building or dwelling and the general public in the Borough after notice and opportunity so to do, the Public Officer may, by and with the approval of the Mayor and Council, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income in the manner described in N.J.S.A. 40:48-2.12h through 40:48-2.12k.

Editor's Note: N.J.S.A. 40:48-2.12h through 40:48-2.12l were repealed by L. 2003, c. 295, § 32, effective 7-12-2004.

G. 

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 repairs, alterations or improvements, or vacating and closing, or removal or demolitions, 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 dwelling or from any contract for removal or demolition thereof, including the clearance and, if necessary, leveling of the site shall be a municipal lien against the real property upon which such costs were incurred. If the building or dwelling is removed or demolished by order of the Public Officer, he or she shall sell the materials of such building or dwelling. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any such 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 and the Borough Tax Collector, and a copy thereof shall be forthwith forwarded to the owner by registered or certified mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer and shall be disbursed according to the order of judgment of the Court to the persons found to be entitled thereto by final order of 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 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.