New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.32 - Unsafe structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All buildings or
				structures that shall become unsafe, or unsanitary, or that contain deficient or
				blocked exitway facilities, or which constitute a fire hazard or are otherwise
				dangerous to human life or the public welfare, or that by reason of illegal or
				improper use or occupancy shall be deemed unsafe buildings or structures, shall be
				taken down and removed or made safe and secure. A vacant building that is unguarded
				or open at door or window shall be deemed a fire hazard and unsafe within the
				meaning of this chapter.
1. Examination and record
				of damaged structure: The appropriate subcode official shall examine every building
				or structure reported as dangerous, unsafe structurally, unsanitary or constituting
				a fire hazard and shall prepare a report to be filed in a docket of unsafe
				structures and premises, stating the use of the structure, the nature of the hazard,
				the nature and estimated amount of damages, if any, caused by collapse or
				failure.
2. Notice of unsafe structure:
				If an unsafe or unsanitary condition is found in a building or structure, the
				construction official shall serve a written notice describing the building or
				structure deemed unsafe and specifying the required repairs or improvements to be
				made to render the building or structure safe and secure, or requiring the unsafe
				building or structure or portion thereof to be vacated or demolished within a
				stipulated time. Such notice shall require the person thus notified to immediately
				declare to the construction official his or her acceptance or rejection of the terms
				of the order. Such person may seek review before the Construction Board of Appeals
				within 15 days of receipt of the notice.
3. Restoration of unsafe structure: A building or
				structure condemned by the construction official may be restored to a safe condition
				in accordance with N.J.A.C. 5:23-6, Rehabilitation Subcode. A certificate of
				approval or certificate of occupancy, as appropriate, shall be obtained prior to
				reoccupancy of the building or structure.
4. Posting notice of unsafe structure: If the
				person addressed with a notice of unsafe structure cannot be found within the
				municipality after diligent search, then such notice shall be sent by registered or
				certified mail to the last known address of such person, as on file with the office
				of the tax collector, and a copy of the notice of unsafe structure shall be posted
				in a conspicuous place on the premises; and such procedures shall be deemed the
				equivalent of personal notice.
5. Upon
				refusal or neglect of the person served with a notice of unsafe structure to comply
				with the requirements of the order to abate the unsafe condition, the construction
				official shall, in addition to any other remedies herein provided, forward the
				matter to the legal counsel of the jurisdiction for an action to compel
				compliance.