[HISTORY: Adopted by the Township Council of the Township of Lopatcong 10-18-1978
as Ord. No. 312 (Ch. 43 of the 1974 Code of the Township
of Lopatcong). Section 85-5, 85-6A, 85-7C and D and 85-9A amended and §§ 85-10
and 85-11 added at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes of this chapter, unless
a different meaning clearly appears from the context:
Any building or structure or part thereof, whether used for human
habitation or otherwise, and includes any outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The Construction Code Official or Deputy Construction Code Official
or any other officer authorized by the Council to exercise the powers prescribed
by this chapter.
The Construction Code Official or Deputy Construction Code Official
of the Township of Lopatcong is hereby designated as the officer to exercise
the powers prescribed by this chapter, subject to the authority of the Township
Council, and he shall serve in such capacity without any additional salary.
For the purposes of this chapter, the Construction Code Official or
the Deputy Construction Code Official may determine that a building is unfit
for human habitation if he finds that conditions exist in such building which
are dangerous to or injurious to the health or safety of the occupants of
such building, the occupants of neighboring buildings or other residents of
the Township of Lopatcong. Such conditions may include the following without
limiting the generality of the foregoing: defects therein which increase the
hazards of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation, disrepair, structural defects;
or uncleanliness.
Pursuant to N.J.S.A. 40:49-5.1, the building code ordinances, fire prevention
code ordinances and health ordinances and the rules and regulations issued
thereunder, along with the Uniform Construction Code of the State of New Jersey,[1] are adopted by the Township of Lopatcong as establishing standards
to be used as a guide in determining the fitness of a building for human habitation,
occupancy or use. Copies of the foregoing are on file in the office of the
Township Clerk and are available to all persons desiring to use and examine
same.
Whenever a petition is filed with the Construction Code Official or
his Deputy by a public authority, as defined in N.J.S.A. 40:48-2.4, or by
at least five (5) residents of the municipality charging that any building
is unfit for human habitation, as herein defined, or whenever it appears to
the Construction Code Official or his Deputy, on his own motion, that any
building is unfit for human habitation, as herein defined, he shall, if his
preliminary investigation discloses a basis for such charge, issue and cause
to be served upon the owner 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 at a designated time and place, not less than seven (7) days
nor more than thirty (30) days after the serving of said complaint, that the
owner and parties in interest shall be given the right to file an answer to
the complaint and to appear in person or by their attorney and give testimony
at the time and place fixed in the complaint and that the rules of evidence
prevailing in courts of law and equity shall not be controlling in such hearings.
A.
Complaints or orders issued by the Construction Code
Official or his Deputy 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 such Construction Code Official
or his Deputy in the exercise of reasonable diligence and said Construction
Code Official shall make an affidavit to that effect, then the serving of
such complaint or order upon such person may be made by publishing the same
once in a newspaper printed and published in the County of Warren and circulated
in the Township of Lopatcong.[1]
B.
A copy of such complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order, and
a copy of such complaint or order shall be duly recorded or lodged for record
with the County Clerk of Warren County.
A.
If, after such notice and hearing, the Construction Code
Official or his Deputy determines that the building under consideration is
unfit for human habitation, as herein defined, he shall state, in writing,
his findings of fact and shall serve same upon the owner thereof and parties
in interest, requiring:
(1)
That the repair, alteration or improvement of said building
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, that the owner vacate or have
said building vacated and closed within the time set forth in the order.
(2)
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, that the owner remove or demolish said building within a reasonable
time as specified in said order of removal.
(3)
That if the owner fails to comply with the order to repair,
alter or improve or, at the option of the owner, to vacate and close the building,
the Construction Code Official or his Deputy may cause the building to be
repaired, altered or improved or to be vacated and closed, subject to the
approval of the Township Council. A placard with the following words may be
posted on the main entrance of any building so closed: "This building is unfit
for human habitation or occupancy or use. The use or occupation of this building
is prohibited and unlawful."
B.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Code Official or his Deputy may,
subject to the approval of the Township Council, cause such building to be
removed or demolished or may contract for the removal or demolition thereof
after advertisement and bids in accordance with the Local Public Contracts
Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
C.
The amount of the cost of the filing of legal papers,
expert witnesses fees, search fees and advertising costs incurred in the course
of any proceeding taken under this chapter determined in favor of the municipality,
and the cost of such repairs, alterations or improvements or vacating and
closing or removal and demolition, if any, or the amount of the balance thereof
remaining after the 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 Construction
Code Official or his Deputy, he shall sell the materials of such building
by public bid. There shall be credited against the cost of the removal or
demolition thereof the proceeds of any sale of such materials or of any sum
derived from any contract for the removal of 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 and other custodian
of the records of tax liens, and a copy thereof shall forthwith be served
upon the owner or other person in interest by registered mail. If the total
of the credits exceeds such cost, the balance remaining shall be deposited
in the Superior Court by the Construction Code Official or his Deputy and
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 the judgment of said Court.[2]
The Construction Code Official or his Deputy 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 investigate the building conditions in the Township
of Lopatcong in order to determine which buildings therein are unfit for human
habitation.
B.
To enter upon premises for the purpose of making an examination,
provided that such entries shall be made in such a manner as to cause the
least possible inconvenience to the persons in possession.
C.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
A.
Nothing in this chapter 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,
nor is anything in this chapter intended to limit the authority of the municipality
and the Construction Code Official under the State Uniform Construction Code
Act, P.L. 1975, c.217,[1] or any rules or regulations adopted thereunder. The powers conferred
by this chapter shall be in addition to and supplemental to the powers conferred
upon the municipality by any other laws or ordinances.[2]
B.
If a provision of this chapter is found to be in conflict
with a provision of a zoning, building, fire, health or other law, ordinance
or regulation adopted pursuant thereto, the provision or requirement which
is more restrictive or which establishes the highest standard shall apply.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building, the Construction
Code Official may, after taking such measures as may be necessary to make
such building temporarily safe, seek a judgment in summary proceedings for
the demolition thereof.
Any violation of this chapter shall, upon conviction, be punishable
by a fine not exceeding one thousand dollars ($1,000.), imprisonment for a
term not exceeding ninety (90) days or a period of community service not exceeding
ninety (90) days, or any combination thereof.
