West New York, NJ Property Maintenance: Property Blight (2026)
Key Facts
- Enforcing officer
- Building Inspector, designated public officer (§ 139-1)
- Who can start a case
- Public authority, five residents, or the officer on his own motion
- Hearing window
- Not less than 10 nor more than 30 days after service
- Cost recovery
- Municipal lien filed with the Municipal Tax Assessor
- Lien challenge
- 60 days from filing of lien certificate, Superior Court
- General penalty
- Up to $1,000, 90 days in county jail, or both (§ 1-16)
Summary
In the Town of West New York, New Jersey, the Building Inspector serves as the public officer under Chapter 139 and decides whether a building is unfit for human habitation, occupancy or use. After a hearing, the Inspector orders the owner to repair, vacate or demolish the building. If the owner ignores the order, the Town does the work and records the cost as a municipal lien.
The Building Inspector may determine that a building is unfit for human habitation, or occupancy or use, if he finds that conditions exist in such buildings which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of such municipality; such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness. ... If the owner fails to comply with an order to re ... move or demolish the building, the public officer may cause such building to be removed or demolished. ... The amount of such cost of such repairs, alterations or vacating and closing, or removal or demolition shall be a municipal lien against the real property upon which such cost was incurred.
Full Breakdown
Chapter 139 of the West New York Town Code, adopted by the Board of Commissioners as Ord. No. 829 in 1958, is the town's unfit building ordinance. Section 139-1 names the Building Inspector as the public officer, and § 139-3 gives that officer power to investigate building conditions, administer oaths, examine witnesses and enter premises.
The test in § 139-4 is conditions dangerous or injurious to the health or safety of the building's occupants, the occupants of neighboring buildings or other residents. The listed conditions are defects increasing the hazards of fire, accident or other calamities, lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects and uncleanliness, and the list does not limit the finding.
A case starts under § 139-5 when a public authority or at least five residents file a petition, or when the officer acts on his own motion. If the preliminary investigation shows a basis, a complaint is served on the owner and parties in interest with notice of a hearing held not less than 10 days nor more than 30 days after service. The owner can file an answer, appear and testify, and the courts' rules of evidence do not control.
After the hearing, § 139-6 requires written findings of fact and an order that the owner repair, alter or improve the building within the time set in the order or, at the owner's option, vacate and close it. If the building endangers persons on or near the premises and the deadline passes, the owner must remove or demolish it. Under § 139-7 the Town can post a placard on the main entrance declaring use or occupation prohibited and unlawful, and § 139-8 lets the officer demolish when a demolition order is ignored.
Section 139-9 turns the cost into a municipal lien on the real property. The statement of costs is filed with the Municipal Tax Assessor, a copy goes to the owner by registered mail, and proceeds from selling salvaged materials are credited against the demolition cost. An owner or party in interest has 60 days from the filing of the lien certificate to contest the amount in Superior Court.
Violations & Fines
Chapter 139 prints no penalty clause of its own, so the general penalty in § 1-16 of the Town Code applies: a fine not to exceed $1,000, imprisonment in the county jail for not more than 90 days, or both, with each violation a separate and distinct offense. The heavier consequence is financial. The Town's cost of repairing, closing or demolishing the building becomes a municipal lien on the property, and occupying a building after the placard is posted is prohibited and unlawful.
Frequently Asked Questions
Who decides a building is unfit in the Town of West New York?
How much notice does the owner get before the hearing?
What happens if the owner does not fix or vacate the building?
Can an owner dispute the Town's cost of the work?
Sources & Official References
Other rules in West New York
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