[HISTORY: Adopted by the Township Committee of the Township
of White 11-5-1982 (Ch. 46 of the 1977 Code). Amendments noted where applicable.]
This chapter is adopted in accordance with Chapter 113 of the
Laws of 1978, N.J.S.A. 40:48-1.1 et seq.
The following terms whenever used or referred to in this chapter
shall have the following respective meanings for the purpose 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 including any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
White Township Committee, White Township, Warren County,
New Jersey.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building, and any who are in actual possession thereof.
Any housing authority or any public officer who is in charge
of any department or branch of the government of White Township, county
or state, relating to health, fire or building regulations or to other
activities concerning buildings in White Township.
The officer, officers, board or body who is or are authorized
by ordinances adopted hereunder to exercise the powers prescribed
by such ordinances and by this chapter.
The Construction Official of White Township be and he is hereby
designated as the administrative authority and the public officer
to exercise the powers prescribed by this chapter, and he shall serve
in such capacity without any additional salary.
For the purpose of this chapter, the Construction Official may
determine that a building is unfit for human habitation or occupancy
or use if he finds that conditions exist in such building and/or on
or about its premises 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 White Township. Such conditions may
include the following without limiting the generality of the foregoing:
Whenever a petition is filed with the Construction Official
by a public authority or by at least five residents of White Township
charging that any building and/or its premises is unfit for human
habitation as hereby defined, or whenever it appears to the Construction
Official, on his own motion, that any building and/or its premises
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 Construction
Official, or his 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 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 Construction Official.
A.
If, after such notice and hearing, the Construction Official determines
that the dwelling under consideration and/or its premises are unfit
for human habitation as herein defined, he shall state in writing
his findings of fact and serve upon the owner thereof and parties
in interest an order requiring the repair, alteration or improvement
of said building and/or its premises to be made by the owner within
a reasonable time, which time shall be set forth in the order, or
requiring the owner, at his option, to vacate or to have said building
and/or its premises vacated and closed within the time set forth in
the order.
B.
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, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said order
of removal.
A.
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 and/or
its premises, the Construction Official may cause such building and/or
its premises to be repaired, altered or improved or to be vacated
and closed, and the Construction Official 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 use; the use
or occupation of this building is prohibited and is unlawful."
B.
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official 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.
If the owner or parties in interest appeal any such order of
the Construction Official to a court having jurisdiction, all action
prescribed in the order so appealed shall not be taken until the final
disposition of such appeal.
A.
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 White
Township and the cost of such repairs, alterations and 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 municipal
lien against the real property upon which such cost was incurred.
B.
If the building is removed or demolished by the Construction Official,
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 forwarded
forthwith 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 Construction Official, 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 or declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise nor is anything in this section intended to limit the authority
of the enforcing agency or Construction Official under the "State
Uniform Construction Code Act," N.J.S.A. 52:27D-119 et seq., or any
rules or regulations adopted thereunder. 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.[1]
Complaints or orders issued by the Construction Official pursuant
to this chapter shall be served upon persons either personally or
by registered mail, but if the whereabouts of such a person is unknown
and the same cannot be ascertained by the Construction Official in
the exercise of reasonable diligence and the Construction 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 the official newspaper of White Township or alternate publication
of White Township or, in the absence of such newspaper, in one printed
and published in the county and circulated in White Township. A copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order. A copy of such
complaint or order shall be duly recorded or lodged for record with
the Warren County Clerk.
The Construction Official is authorized 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 others herein granted:
A.
To investigate the building conditions in the Township in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
B.
To administer oaths or 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 manner as to cause the least
possible inconvenience to the persons in possession.
D.
To appoint and fix duties of such officers, agents and employees
as he deems necessary to carry out the purpose of this chapter.
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Any action taken using revenues derived from the local property
tax shall be taken only after advertisement for, and receipt of, bids
therefor, pursuant to the provisions of the "Local Public Contracts
Law," N.J.S.A. 40A:11-1 et seq., unless the action is necessary to
prevent imminent danger to life, limb or property.
This chapter and the provisions hereof shall supersede and replace
any contradictory ordinances currently existing in White Township.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the Town or any officer or department thereof to enforce
any provisions of 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 Town
by any other law or ordinance.
