Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Elk 8-11-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit and dangerous buildings — See Ch. 47.
Public health nuisances — See Ch. 107.
Property maintenance — See Ch. 110.

§ 103-1 Administrative official designated.

The Secretary of the Board of Health of the Township of Elk be and he is hereby designated as the officer to exercise the powers prescribed by this chapter, and he shall serve in such capacity without any additional salary.

§ 103-2 Criteria for determining dwelling unfit.

For the purposes of this chapter, the Secretary of the Board of Health of the Township of Elk may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the Township of Elk. 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 or uncleanliness.

§ 103-3 Adoption of standards by reference.

Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the New Jersey State Housing Code is annexed to this chapter, and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.

§ 103-4 Issuance of complaint; hearing.

Whenever a petition is filed with the Board of Health of the Township of Elk by a public authority as defined in N.J.S.A. 40:48-2.4, or whenever it appears to the Secretary of the Board of Health of the Township of Elk (on his own motion) that any dwelling is unfit for human habitation, as herein defined, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Secretary of the Board of Health of the Township of Elk (or his designated agent) at a place therein fixed, not less than 10 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 give testimony at the time and place fixed in the complaints; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Board of Health of the Township of Elk.

§ 103-5 Procedure upon determination of dwelling as unfit.

If, after such notice and hearing, the Secretary of the Board of Health of the Township of Elk determines that the dwelling under consideration is unfit for human habitation, as herein defined, 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:
A. 
The repair, alteration or improvement of 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 to have said building vacated and closed within the time set forth in the order;
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 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.
C. 
That, 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 Secretary of the Board of Health of the Township of Elk may cause such building to be repaired, altered or improved, or to be vacated and closed; that the Secretary of the Board of Health of the Township of Elk 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."
D. 
That, if the owner fails to comply with an order to remove or demolish the building, the Secretary of the Board of Health of the Township of Elk 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.
E. 
That 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 cost 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 Secretary of the Board of Health of the Township of Elk, 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 Municipal Tax Assessor 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 credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Secretary of the Board of Health of the Township of Elk and shall be secured in such a 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 60 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.

§ 103-6 Method of service of orders and complaints.

Complaints or orders issued by the Secretary of the Board of Health of the Township of Elk 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 said Secretary of the Board of Health of the Township of Elk in the exercise or reasonable diligence, and said Secretary of the Board of Health of the Township of Elk 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 each week for two successive weeks in a newspaper printed and published in the County of Gloucester. 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 recording officer of the county in which the dwelling is located.

§ 103-7 Powers and duties of administrative official.

The Secretary of the Board of Health of the Township of Elk 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 dwelling conditions in the Township of Elk in order to determine which dwellings therein are unfit for human habitation.
B. 
To administer oaths, affirmations, examine witnesses and receive evidence.
C. 
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such a 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. 
To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.

§ 103-8 Construal of provisions.

Nothing in this chapter shall be construed to abrogate or impair the power of the city or any officer or department to enforce any provisions of its Charter or its ordinances or regulations, or to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the city by any other law or ordinance.