[HISTORY: Adopted by the Township Committee
of the Township of Hainesport 7-13-1976 by Ord. No. 1976-5 as Ch. 63 of the 1976
Code. Amendments noted where applicable.]
The following terms, when used in this chapter,
shall have the meanings indicated:
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses, sewage
disposal system and appurtenances belonging thereto or usually enjoyed
therewith.[1]
The holder of the title in fee simple.
All individuals, associations and corporations who and which
have interests of record in a dwelling and any who and which are in
possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire and building regulations or to other
activities concerning dwellings in the municipality.
[1]
Editor's Note: The former definition of "dwelling,"
which immediately followed this definition, was deleted 4-12-1994
by Ord. No. 1994-4-3.
[Amended 4-22-1980 by Section 1
of Ord. No. 1980-3A; 4-12-1994 by Ord. No. 1994-4-3]
The Construction Official of the Township of
Hainesport be and he is hereby designated and appointed to exercise
the powers prescribed by this chapter and is hereinafter called the
"Public Officer."
[Amended 4-12-1994 by Ord. No. 1994-4-3; 10-13-2020 by Ord. No. 2020-7]
A.
Any building within the Township of Hainesport is hereby declared
to be unfit for human habitation, occupancy or use if conditions exist
in such building 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, including, 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; or failure to conform to other
laws of the State of New Jersey or ordinances of this Township or
of the local Board of Health of this Township regulating the safety
and sanitation of buildings, including the New Jersey State Housing
Code.[1]
B.
Any building or buildings, or parts thereof, which have been damaged
to such an extent that nothing remains but the walls, or parts of
the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the municipality, and the municipality
may exercise its police powers to repair, demolish, or cause the repairing
or demolishing of the building or buildings, or parts thereof, pursuant
to the procedures set forth in this chapter.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 10-13-2020 by Ord. No. 2020-7]
Whenever a petition is filed with the Public
Officer by a public authority or by not fewer than five residents
of this municipality, which petition charges that any building located
therein is unfit for human habitation, occupancy or use or whenever
it appears to the Public Officer, from his own investigation, that
any building is unfit for human habitation, occupancy or use, the
Public Officer shall make a preliminary investigation of the charges
if the basis of his action is a petition; and if his preliminary investigation
of said charges discloses a basis therefor or if his own investigation
furnishes such a basis to him, he shall 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 at a place therein
fixed, not less than seven days nor more than 30 days after the serving
of said complaint.
The owner and parties in interest shall have
the right to file an answer to the complaint and to appear in person
or by attorney and to give testimony at the place and time fixed in
said notice of the hearing.
The rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the Public
Officer.
At the time and place stated in said notice
or at such time and place to which said hearing shall be adjourned
from time to time, the Public Officer shall hold a hearing at which
complainants, if any, and the owner and parties in interest and witnesses
shall be heard and at which said Public Officer shall publicly state
the results of his investigation.
If, after such notice and hearing, the Public
Officer determines that the building under consideration is unfit
for human habitation, 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 requiring the repair, alteration or improvement of the 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, requiring
the owner to vacate or have said building vacated and closed within
the time set forth in the order. If the building is in such 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
shall be required to remove or demolish said building within a reasonable
time, as specified in said order of removal.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 10-13-2020 by Ord. No. 2020-7]
If the owner fails to comply with an order so issued by the
Public Officer 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; and 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."
[Amended 4-12-1994 by Ord. No. 1994-4-3]
If the owner fails to comply with an order to
remove or demolish the building, the Public Officer may cause such
building removed or demolished.
A.
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 and determined
in favor of the Township and the cost of such repairs, alterations
or improvements or of vacating and closing or of 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 real property upon which such cost
was incurred.
B.
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
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 Tax Assessor of Hainesport
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 credit exceeds 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 of judgment of the Court to the
persons found to be entitled thereto by final order or judgment of
such Court.
C.
Any owner or party in interest may, within 30 days
of 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.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
A.
Complaints or orders issued by the Public Officer
pursuant to this chapter shall be served upon persons either personally
or by registered mail, but if the whereabouts of such person 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 upon such
persons may be made by publishing the same once in a newspaper printed
and published in the Township of Hainesport. A copy of such complaint
or order shall be posted in a conspicuous place on the premises affected
by the complaint or order.
[Amended 10-13-2020 by Ord. No. 2020-7]
B.
A copy of such complaint or order shall be duly recorded
or lodged for record with the County Recording Officer of the county
in which the building is located.
In addition to the powers in this chapter granted
to the Public Officer, he shall also have the following powers:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human
habitation, use or occupancy.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
B.
To administer oaths and affirmations, to examine witnesses
and to 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 this
chapter.
E.
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 (N.J.S.A. 40A:11-1 et seq.), unless the action
is necessary to prevent imminent danger to life, limb or property.
[Added 10-13-2020 by Ord.
No. 2020-7]
F.
Any person aggrieved by an order issued by a Public Officer under
this act may, within 30 days after the posting and service of such
order, bring an action for injunctive relief to restrain the Public
Officer from carrying out the provisions of the order and for any
other appropriate relief. The court may proceed in the action in a
summary manner or otherwise. The remedy herein provided shall be exclusive,
and no person affected by an order of the Public Officer shall be
entitled to recover any damages for action taken pursuant thereto,
or because of noncompliance by any person with any order of the Public
Officer.
[Added 10-13-2020 by Ord.
No. 2020-7]
Nothing in this chapter shall be construed to
impair or limit in any way the power of this municipality to define
and declare nuisances and to cause their removal or abatement by summary
proceedings or otherwise.
The failure, neglect or refusal of any person
to comply with any order made by the Public Officer pursuant to the
provisions hereof or the hindrance by any person of the Public Officer
in making any investigation under this chapter shall constitute a
violation of this chapter.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
This chapter is adopted pursuant to the provisions
of Chapter 112 of the Laws of 1942 of the State of New Jersey (N.J.S.A.
40:48-2.3 to 40:48-2.12, as amended and supplemented) and after making
the adoption by the Township Committee of said Township of a resolution
finding that there are buildings in said municipality unfit for human
habitation, use or occupancy due to dilapidation; defects increasing
the hazards of fire, accidents or other calamities; lack of ventilation,
light or sanitary facilities; and other conditions rendering such
buildings unsafe or insanitary or dangerous or detrimental to the
health or safety and otherwise inimical to the welfare of the residents
of this Township.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 5-23-2006 by Ord. No. 2006-5-4; 10-13-2020 by Ord. No. 2020-7]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a penalty as specified in § 1-1 of the Township Code.
