A public officer, whose title shall be "Housing
Officer," shall be appointed by the Township Committee of the Township
of Oldmans to exercise the powers prescribed by this chapter.
[Amended 9-3-1997 by Ord. No. 97-5
Whenever a petition is filed with the Housing
Officer by a public authority or by at least five residents of the
municipality charging that any building is unfit for human habitation
or occupancy or use or whenever it appears to the Housing Officer
(on his own motion) that any building is unfit for human habitation
or occupancy or use, the Housing Officer 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 building
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Housing Officer (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 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 Housing
Officer.
[Amended 9-3-1997 by Ord. No. 97-5]
If, after such notice and hearing, the Housing
Officer determines that the building under consideration is unfit
for human habitation or 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 owner to repair, alter or improve said building
within a reasonable time, which time shall be set forth in the order,
or, at the option of the owner, to vacate or have said building vacated
and closed within the time set forth in the order.
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 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.
Process and procedure for the administration
of this chapter shall be governed by N.J.S.A. 40:48-2.3 et seq. and
any amendments or supplements that may be made thereto.
The Housing Officer shall have the right 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 powers in addition to the others herein granted:
A. To investigate the dwelling conditions in the Township
of Oldmans in order to determine which dwellings therein are unfit
for human habitation.
B. To administer oaths and 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.
[Amended 9-3-1997 by Ord. No. 97-5]
A violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty.