[HISTORY: Adopted by the Township Committee of the Township of Independence 8-11-1980
(Ch. 128 of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 160.
It is hereby found and determined that, by reason of lack of maintenance
and resulting progressive deterioration, the condition of certain properties
has the effect of creating blighting conditions, and that, if the same are
not curtailed and removed, the aforesaid conditions will grow and spread and
will necessitate in time the expenditure of large amounts of public funds
to correct and eliminate the same. Timely regulations and restrictions as
indicated in this chapter will prevent the creation of blighting conditions
and contribute to the maintenance of neighborhood and property values. The
enhancement of neighborhoods and the public health, safety and welfare would
be protected and fostered.
The purpose of this chapter is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the conditions
and maintenance of dwelling units and lands and to fix certain responsibilities
and duties upon owners, to authorize and establish procedures for the inspection
of such dwellings and lands and to fix penalties for the violation of this
chapter. This chapter is hereby declared to be remedial and essential for
the public interest, and it is intended that the same shall be liberally construed
to effectuate the purposes herein stated.
[Amended 9-8-1986 by Ord. No. 86-16]
Every dwelling used for human habitation, garages or other outbuildings,
as well as other nondwellings, abandoned buildings or structures of any kind,
and lands shall comply with the provisions of this chapter whether or not
such dwelling or other structure shall have been constructed, altered or repaired
before or after enactment of this chapter and irrespective of any permits
or licenses which shall have been issued for the use or occupancy of said
dwelling or other structure or for the construction or repair of the same.
It is the purpose of this chapter to establish minimum standards for such
dwellings and lands, and this chapter does not replace or modify standards
otherwise established for the construction, repair, alteration or use of any
said dwellings or other structures.
In any case where the provisions of this chapter impose a higher standard
than that set forth in any other ordinance of the Township or under any law
of the State of New Jersey, then the standards as set forth herein shall prevail;
but if the provisions of this chapter impose a lower standard than any such
ordinance or law, then and in that event the higher standard contained in
any other such ordinance or law shall prevail.
As used in this chapter, the following terms shall have the meanings
indicated:
A building or structure or part thereof containing one or more dwelling
units.
Every foundation, floor, wall, building, door, window, roof or other
part of a building shall be kept in good repair and capable of the use intended
by its design.
All vacant land, lots and premises with or without buildings thereon
shall be clean and free from garbage, rubbish and debris and from any and
all conditions which might result in a hazard to safety.
The owner or occupant shall be responsible for the maintenance of the
area abutting such property between the street property line and the street
or roadway, including landscape ground cover, sidewalk and curb or monolithic
curb and gutter.
[Amended 12-10-1984 by Ord. No. 84-11]
The Construction Official of the Township of Independence is hereby
designated as the Public Officer to exercise the powers prescribed by this
chapter. He may appoint or designate such other public officials or employees
of the Township to perform such duties as may be necessary for the enforcement
of this chapter, including the making of inspections and holding hearings.
For the purpose of this chapter, the Public Officer may determine that
a building or the surrounding property or vacant land, as herein described,
is injurious to the health and safety of the occupants thereof or of neighboring
buildings or other residents of the Township; such conditions may include,
without limiting the generality of the foregoing, dilapidation, disrepair,
uncleanliness or conditions deleterious to the well-being of the general public
with reference to vacant land not properly maintained as required by this
chapter.
[Amended 12-10-1984 by Ord. No. 84-11]
Whenever a petition is filed with the Public Officer by a public authority
as defined in N.J.S.A. 40:48-2.4 or by at least five unrelated residents of
the Township or it appears to the Public Officer on his own motion that any
building is in a state of dilapidation, disrepair or uncleanliness, or conditions
exist which are deleterious to the well-being of the general public with reference
to surrounding land, vacant or occupied land not properly maintained as required
by this chapter, the Public Officer shall, if his preliminary investigation
discloses the above, issue and cause to be served upon the owner of the premises
in question a complaint stating the charges and the basis therefor and containing
a notice that a hearing will be held before the Public Officer or his designated
agent at a place then fixed, not less than seven days nor more than 30 days
after the serving of said complaint, and that the owner of the premises in
question shall be given the right to file an answer to the complaint and to
appear in person or by counsel and give testimony concerning the charges.
The rules of evidence of the State of New Jersey shall not be controlling
in hearings before the Public Officer. The Public Officer may determine the
necessity for a hearing.
A.
If, after the notice and hearing provided for herein,
the Public Officer determines that the building is in a state of dilapidation,
disrepair or uncleanliness or conditions deleterious to the well-being of
the general public with reference to the surrounding land or vacant land not
properly maintained as required by this chapter, 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 an order requiring the correction
of the aforesaid deficiencies, and if the owner fails to make the correction
directed in said order within the time set forth therein, then and in that
event said owner shall be guilty of a violation of this chapter.
B.
At the option of the owner, in lieu of making the required
corrections, said owner may cause the premises to be vacated and closed within
the time set forth in said order.
C.
If the building or lands are 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 the said building or lands
within the time specified in the order, then the owner shall be required to
repair, alter or improve the building or lands or demolish the said building
within a reasonable time as specified in the said order of removal.
D.
If the owner fails to comply with an order to repair,
alter or improve the building or lands, or, at the option of the owner, to
vacate and close the building, the Public Officer may cause such building
or lands to be repaired, altered or improved or to be vacated and closed,
in which latter event the Public Officer may cause to be posted on the main
entrance of any building or lands so closed a placard with the following words:
"This building or land is unfit for human habitation or occupancy or use;
the use or occupation of this building or land is prohibited and unlawful."
E.
If the owner fails to comply with an order to remove
or demolish the building or improve the land, the Public Officer may cause
such building to be removed or demolished or may contract for the removal
or demolition or improvement of the land thereof after advertisement for and
receipt of bids therefor in accordance with the New Jersey Public Contracts
Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et. seq., Local Public Contracts
Law.
[Amended 12-10-1984 by Ord. No. 84-11]
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 municipality, and such
costs of such repairs, alterations or improvements, or vacating and closing,
or 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 the real property upon which such cost was
incurred. 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, including the clearance and,
if necessary, leveling of the site, 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 Municipal Tax Assessor or other
custodian of the records of tax liens and a copy thereof shall be forthwith
forwarded to the owner by 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, shall be secured in such manner as may be directed
by such Court and shall be disbursed according to the order or judgment of
the Court to the persons found to be entitled thereto by final order or judgment
of such Court; provided, however, that nothing in this section shall be construed
to impair or limit in any way the power of the municipality to define and
declare nuisances and to cause their removal or abatement, by summary proceedings
or otherwise. Any owner or party in interest may, within 30 days from 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.
The Public Officer is hereby authorized and empowered to exercise such
powers as may be necessary or convenient to carry out and effectuate the purposes
and provisions of this chapter, including the following, in addition to others
herein granted:
A.
To administer oaths, affirmations, examine witnesses
and receive evidence.
B.
To make and adopt such written rules and regulations
as he may deem necessary and that the Township Committee approves by resolution,
for the proper enforcement of the provisions of this chapter; provided, however,
that such rules and regulations shall not be in conflict with the provisions
of this chapter nor in anywise alter, amend or supersede any of the provisions
thereof. The Public Officer shall file a certified copy of all such rules
and regulations in his office and in the office of the Township Clerk.
A.
Any person, firm or corporation aggrieved by any act
of the Public Officer may appeal in writing such act of said Public Officer
to the governing body within 20 days of such act of said Public Officer and
request a hearing thereon by said governing body. The governing body shall
hold a hearing on said appeal within 21 days after the filing of the notice
of appeal. At said hearing, the appellant may be represented by counsel. The
governing body is empowered to vacate any finding, in whole or in part, of
said Public Officer.
B.
Any person aggrieved by an order issued by the Public
Officer 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
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 an order
of the Public Officer.
[Added 12-10-1984 by Ord. No. 84-11]
For violation of any provision of this chapter, the penalty, upon conviction,
shall be a minimum fine of $100 and a maximum penalty of one or more of the
following: a fine not exceeding $2,000, imprisonment not exceeding 90 days
or a period of community service not exceeding 90 days. Except as otherwise
provided, each and every day in which a violation of any provision of this
chapter exists shall constitute a separate violation.
