[Adopted by Ord. No. 1438-95]
A.
Municipalities have been granted the Police power to regulate for
the common good of their citizens, i.e., public health, safety and
general welfare; and they are empowered pursuant to N.J.S.A. 40:48-2.3
to repair, close or demolish buildings that are so old, dilapidated
or have been so out of repair as to be dangerous, unsafe, insanitary
or otherwise unfit for human habitation or occupancy or use of its
citizens. N.J.S.A. 40:48-1, Subdivision 15, allows a municipality
to enact ordinances for the removal of any building or structure which
may become dangerous to life or health with costs to be assessed to
the owner; and municipalities are empowered to pass ordinances which
preserve and protect property values affecting the general welfare
of the community per N.J.S.A. 40:48-2.
B.
There exists in Lawrence Township buildings and/or structures that
remain in such a state of substantial incompletion that they pose
a significant danger in the form of potential injuries to trespassers,
especially children, as such buildings, and/or structures are attractive
nuisances to the young; and buildings and/or structures which remain
substantially incomplete are unsightly and may substantially reduce
the value of other properties in the area, thereby negatively impacting
the general welfare of the citizens of Lawrence Township.
As used in this article, the following terms shall have the
meanings indicated:
Any building in which construction has begun and which, for
a period of six months or more, construction of a substantial portion
remains unfinished as to be potentially dangerous or injurious to
the health and safety of the residents of Lawrence Township or is
so unsightly to potentially lower the value of a neighbor's property
or home.
The Construction Official is granted the power to investigate
any building and/or structure within the Township in order to determine
if it is in a state substantial noncompletion.
A.
The Construction Official may determine that a building and/or structure
is in a state of substantial non-completion if he/she finds that the
conditions of the building and/or structure are of such a state as
to be potentially dangerous or injurious to the health and safety
of the occupants of neighboring buildings or other residents of the
Township; or that the condition of the building and/or structure is
so unsightly as to potentially lower the value of neighboring homes
or property. Moreover, the building and/or structure must be in or
have remained in a similar state for a period of three months. The
Construction Official may rely, as needed, on the expertise of engineers
or other such professionals, in making such determination, as allowed
by the Lawrence Township budget.
B.
Upon concluding that a substantially uncompleted building and/or
structure is potentially dangerous or injurious to the health and
welfare of the Township's occupants, the Construction Official shall
serve, either personally or by certified mail, a complaint on the
owner of the building and/or structure stating the charges, and containing
a notice that a hearing will be held before the Construction Official
at a place therein fixed not less than 10 days or more than 30 days
from service of the complaint.
If, after the hearing, the Construction Official determines
that the building and/or structure is in a state of substantial non-completion
as to be potentially dangerous or to lower the value of neighboring
homes, he/she shall issue and cause to be served upon the owner thereof
and parties in interest, an order requiring the owner to remove and
restore the land to its previous condition prior to commencement of
construction or to commence completion of construction of such building
and/or structure within 60 days.
If the owner refuses to comply with the order to remove and
restore the land to its previous condition prior to commencement of
construction or to commence completion of the building and/or structure
within 60 days, the Construction Official may cause such building
and/or structure to be removed and restore the land to its previous
conditions.
In the event that the Construction Official causes such building
and/or structure to be removed and the land restored to its previous
condition, the costs of such action shall be a municipal lien against
the real property upon which the costs were incurred. The Construction
Official shall then sell the materials of such building and/or structure
and credit the proceeds of the sale against the costs of removal or
demolition, and any balance remaining shall be deposited in the Superior
Court by the Public Health Officer and shall be disbursed by such
court to the persons found to be entitled thereto in the final order
or judgment of such court.
Township Council may by resolution appoint and fix the duties
of such officers, agents and employees as may be necessary to carry
out the purposes of the section.
