The Township Committee of the Township of Wyckoff is hereby authorized
to exercise the powers prescribed by this chapter and N.J.S.A. 40:48-2.3 et
seq.
Whenever a petition is filed with the Township Committee by a public
authority or by at least five residents of the Township of Wyckoff charging
that any building is unfit for human habitation or occupancy or use, or whenever
it appears to the Wyckoff Township Committee (on its own motion) that any
building is unfit for human habitation or occupancy or use, the Township Committee
shall, if its preliminary investigation discloses a basis for such charge,
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 Township Committee (or its
designated agent) at a place therein fixed not less than seven days nor more
than 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 otherwise and to give testimony at the place and time
fixed in the complaint, and that the rules of evidence prevailing in the courts
shall not be controlling in hearings before the Township Committee.
If, after such notice and hearing, the Township Committee determines
that the building under consideration is unfit for human habitation or occupancy
or use, it shall state in writing its 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:
A. Requiring the repair, alteraiton or improvement of the
said 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, to vacate
or have the said building vacated and closed within the time set forth in
the order; and
B. If the building is 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 within the time
specified in the order, then the owner shall be required to remove or demolish
the said building within a reasonable time as specified in the said order
of removal.
If the owner fails to comply with an order to repair, alter or improve,
or, at the option of the owner, to vacate and close the building, the Township
Committee may cause such building to be repaired, altered or improved, or
to be vacated and closed; and the Township Committee 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."
If the owner fails to comply with an order to remove or demolish the
building, the Township Committee may cause such building to be removed or
demolished or may contract for the removal or demolition thereof after advertisement
for and receipt of bids therefor.
The Township Committee may determine that a building is unfit for human
habitation or occupancy or use if it finds that 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 the Township of Wyckoff. 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;
and uncleanliness.
Complaints or orders issued by the Township Committee pursuant to this
chapter shall be served upon persons either personally or by registered mail,
but if the whereabouts of such persons is unknown and the same cannot be ascertained
by the Township Committee in the exercise of reasonable diligence, and a Township
Committeeman 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 municipality, or, in the absence
of such newspaper, in one printed and published in the County and circulating
in the municipality in which the buildings are located. A copy of such complaint
or order shall be posted in a conspicuous place on premises affected by the
complaint or order. A copy of such complaint or order shall be duly recorded
or lodged for record with the County recording officer of Bergen County.
The Township Committee may exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions of N.J.S.A.
40:48-2.3 et seq., including the following powers in addition to others herein
granted:
A. To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B. To administer oaths, affirmations, examine witnesses
and 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 the Township Committee deems necessary to carry out the purposes
of the ordinances.
E. To delegate any of the Township Committee's functions
and powers under this chapter to such officers and agents as the Township
Committee may delegate.