[HISTORY: Adopted by the Township Committee of the Township
of East Amwell 3-12-2015 by Ord.
No. 15-04. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 61.
As used in this chapter, the following terms shall have the
meanings indicated:
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
The Mayor and Committee of the Township of East Amwell; however,
no reference to the "Mayor and Committee" shall be construed as to
confer any additional powers on the Mayor other than those conferred
on him/her as a member of the Committee.
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
A.
The Construction Code Official, the Mayor and Committee, and the
Township Administrator are hereby designated as the officers to exercise
the powers prescribed by this chapter and as pertaining to the New
Jersey adopted International Building Code (IBC) requirements and
shall serve in their respective capacities without any additional
salary. The Construction Code Official shall have exclusive jurisdiction
with respect to the interpretation and application of the Uniform
Construction Code.
B.
The Mayor and Committee, as an agency of the Township or its designee,
are authorized to administer this chapter, and the words "administrative
authority" as used in this chapter shall refer to the Mayor and Committee
of the Township of East Amwell.
For the purpose of this chapter, the Construction Code Official
may determine that a building is unsafe and unfit for human habitation,
occupancy or use if the Construction Code Official finds that conditions
exist therein which are noncompliant with applicable construction
codes and present a potential hazard to the health or safety of occupants
or users of such building, the occupants or users of neighboring buildings
or other residents or visitors of the Township. Such conditions may
include the following, without limiting the generality of the foregoing:
defects therein posing an unreasonable risk of fire, accident or other
calamities to the occupants or users of such building; lack of adequate
ventilation, heat, light or sanitary facilities; dilapidation; disrepair,
structural defects; noncompliance with New Jersey State Housing Code.
Whenever a petition is filed with the Construction Code Official
by a public authority as defined in N.J.S.A. 40:48-2.4 or by at least
five residents of the Township, charging that any building is unsafe
and unfit for human habitation, occupancy or use, or whenever it appears
to the Construction Code Official (on his own motion) that any building
is unsafe and unfit for human habitation, occupancy or use, 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 building a complaint stating the charges in that respect and
containing a notice that a hearing shall be held before the Construction
Code Official or his/her designated agent at a place therein fixed
not less than seven days nor more than 30 days after the serving of
the complaint. At the request of the Construction Code Official, and
with the permission of the Mayor and Committee, the Township Attorney
and Township Administrator may attend such hearing to provide legal
advice on behalf of the Township. 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 complaint. The rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings pursuant to
this chapter.
A.
If after notice and hearing, as provided above, the Construction
Code Official determines that the building under consideration is
unsafe and unfit for human habitation, occupancy or use, he/she shall
state in writing the findings of fact in support of such determination,
state which conditions render the building unsafe and unfit, and shall
issue and cause to be served upon the owner thereof and parties in
interest an order:
(1)
Requiring the repair, alteration, or mitigation of conditions identified
by the Construction Code Official that make said building unsafe and
unfit for human habitation, occupancy, or usage to be made by the
owner within a reasonable time, which shall be set forth in the order,
or, at the option of the owner, to vacate or have the building vacated
and secured against further entry 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 mitigate the identified conditions within
the time specified in the order, the owner shall remove or demolish
the building within a reasonable time as specified in the order of
removal.
B.
The Construction Code Official or his/her designee shall monitor
the progress of compliance with an order issued pursuant to this chapter;
and, if the owner fails to comply with an order to repair, alter or
mitigate the identified conditions, or, at the option of the owner,
to vacate and secure the building against unauthorized entry, or to
remove or demolish the building; the Construction Code Official shall
post on the main entrance of any building so secured a placard with
the following words: "This building is unsafe and unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
C.
If the owner fails to comply with an order to mitigate certain conditions,
remove or demolish the building, the Mayor and Committee, by resolution
and in accordance with Township procedures, may direct such conditions
to be mitigated, or the building to be removed or demolished or may
contract for the mitigation of certain conditions, or removal or demolition
of the building after advertisement for and receipt of bids therefor.
D.
If the unsafe and unfit conditions are mitigated, or the building
is removed or demolished by order of the Mayor and Committee, issued
pursuant to a resolution of the Township Committee, the salvage materials
of such building may be sold. There shall be credited against the
cost of mitigation, removal or demolition thereof, including the clearance
and, if necessary, leveling of the site, the proceeds of any sale
of such materials or any sum derived from any contract for the mitigation
of certain conditions, 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 certified mail. If the
total of the credits exceeds such costs, the balance remaining shall
be deposited in the Superior Court, 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 that nothing
in this section shall be construed to impair or limit in any way the
power of the Township to define and declare nuisances, safety threats
and to cause their mitigation, removal or abatement, by summary proceedings
or otherwise. 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.
The following costs shall become a municipal lien against the
real property upon which such cost was incurred:
A.
The cost of the filing of legal papers, expert witness fees, search
fees, advertising charges, and other administrative costs incurred
in the course of any proceeding taken under this chapter determined
in favor of the Township; and
B.
The cost of such repairs or alterations needed to mitigate the conditions
identified hereunder or of vacating and securing 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.
Complaints or orders issued by the Construction Code Official
or the Mayor and Committee pursuant to this chapter shall be served
upon persons either personally or by certified mail, but if the whereabouts
of such persons is unknown and cannot be ascertained by the Construction
Code Official or Mayor and Committee in the exercise of reasonable
diligence, and the Construction Code Official or Mayor and Committee
makes an affidavit to that effect, then the serving of the complaint
or order upon such persons may be made by publishing it once in the
Township's designated notification newspaper(s). A copy of the
complaint or order shall be posted in a conspicuous place on the premises
affected by the complaint or order and copy shall be recorded or lodged
for record with the Hunterdon County recording officer.
In accordance with applicable law, the Construction Code Official,
Mayor and Committee, and Township Administrator are 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.
Based upon complaint or observation, the Construction Code Official
is authorized and empowered to investigate the dwelling conditions
or use of structures in the Township in order to determine fitness
and safeness for human habitation or use.
B.
The Construction Code Official or his designee is authorized and
empowered to administer oaths, affirmations, examine witnesses and
receive evidence.
C.
The Construction Code Official is authorized and empowered to enter
upon premises for the purpose of making examination, provided that
entry is made upon reasonable notice to the owner and in such manner
as to cause the least possible inconvenience to the persons in possession
and entry is lawful.
D.
The Construction Code Official and Mayor and Committee, or their
delegates, are authorized and empowered to appoint and fix the duties
of such officers, agents and employees as they deem necessary to carry
out the purposes of this chapter.
The owner of any building located within the limits of the Township who desires to demolish it pursuant to an order issued under this chapter shall first obtain a permit for that purpose from the Construction Code Official and pay a fee as provided for in Chapter 66, Construction Codes, Uniform, for each building or structure to be demolished. The fee shall be paid prior to the issuance of any such permit.
