Unfit buildings law OK'd amid concerns
Designed to streamline process of addressing structures in disrepair
BY KATHY CHANG Staff Writer

After roughly two hours of discussion, the South River Borough Council voted in favor of a new ordinance regulating unfit buildings.

Councilman Anthony Razzano, the only Democrat on the governing body, was the lone dissenter in the 5-1 vote to adopt the new restrictions Monday. Razzano stressed that he was in favor of the concept of the ordinance, but felt that some of its wording was too vague.

"We should tighten up the wording and not worry about what other towns such as Glassboro [use]," he said.

Borough officials said they reached out to the New Jersey State League of Municipalities in order to look through its database of approved ordinances. Some of those, in towns such as Highland Park, Glassboro and Bridgeton, were used as a model for South River's version.

Mayor Raymond Eppinger said there are buildings in the borough that fall into the category of severe disrepair. The ordinance, he said, would streamline the process of dealing with structures that pose a risk to public safety and give the governing body a way to address them.

"It's a conglomeration of the ordinances already on the books," Eppinger said.

Residents came to the meeting to express concern about the vague language of the ordinance regarding who would serve as the Public Officer Board, and suggested naming those officials in the ordinance.

Borough Administrator Andrew Salerno disagreed and said the language in the ordinance was clear, and read from the section in question.

"… The Public Officer Board [will be] comprised of those officers in charge of any department or branch of the government of the borough relating to health, fire, building regulations or to other activities concerning buildings in the borough," he said. It further reads that the business administrator, chief of police, borough attorney and borough engineer shall serve in an advisory capacity to the Public Officer Board.

Under the ordinance, the board would meet regularly in order to keep track of unfit buildings.

Councilwoman Suzanne Wisniewski- Buffalino added that naming the officials in the ordinance would become somewhat cumbersome.

"If we used specific names, we would have to go in and change names over and over again," she said.

The councilwoman said that if the wording was boxed in too much, the ordinance would be open to litigation even more.

Residents also were concerned about whether the new measure opens the door for eminent domain by the borough. David Sliker, former council president and Democrat, has said he believes the document is "an eminent domain ordinance in a different skin."

Council President John M. Krenzel and other members stressed that the ordinance does not in any way insinuate eminent domain.

"This ordinance is to address a safety issue that began [essentially] when the building on Reid Street was knocked down by the wind [in February] during a windstorm," he said. "We're making sure that never happens again."

The unfit buildings ordinance would generate fees from owners of properties in disrepair, and that money would be channeled into a demolition fund in case of emergencies. Under the ordinance, the property owner would be sent a notice stating what needs to be addressed and for what reason. If nothing is corrected, a notice of violation would be sent.

Currently, Buffalino said, property owners are not adequately warned of problems that need to be addressed. The ordinance establishes a procedure that ensures owners will be informed of the need to correct existing problems with unfit buildings well before a lien is put on the property.

Buffalino said demolition and a lien placed on a property would be the last resort.

Eppinger said the next step is to wait a period of 20 days for any challenges that may be made to the ordinance. After that, the Public Officer Board would discuss if any buildings around the borough are deemed unfit.