The Code Enforcement Official, as defined in § 183-7, shall have the authority to interpret, implement, and enforce the provisions of this chapter and, with the approval of the Township Manager, to adopt and promulgate rules and procedures or designate special requirements applicable because of climatic or other specific conditions.
The Code Enforcement Official and Code Enforcement
Inspector shall keep official records of all business and activities
relating to the administration and enforcement of this chapter. Such
records shall be retained as long as the building or structure to
which such records relate remains in existence, unless otherwise provided
for by other regulations.
A.
The Code Enforcement Inspector shall perform all required
inspections and maintain written reports of the same; however, he
may accept properly certified reports of inspection by approved individuals
or agencies. He is also authorized to engage such expert opinion as
deemed necessary to report upon unusual technical issues that arise.
B.
The Code Enforcement Inspector shall always carry
proper Township identification when inspecting structures or premises
in the performance of his duties under this chapter.
C.
Subject to constitutional restrictions on unreasonable
searches and seizures, the Code Enforcement Inspector is authorized
to enter a structure or premises at reasonable times to carry out
an inspection, except in case of an emergency situation when he is
authorized to enter and inspect on a twenty-four-hour basis. He is
further authorized to inspect common areas of multiple-family dwellings
on a twenty-four-hour basis. If entry is refused or not obtained,
he is authorized to pursue recourse as provided by law.
D.
Whenever more than one Code Enforcement Inspector
is involved in the enforcement of this chapter or another code or
ordinance, it shall be the duty of said Code Enforcement Inspectors
to coordinate their inspections so that the owners and/or occupants
shall not be subjected to multiple visits by numerous inspectors.
Whenever an inspector from any department observes an apparent or
actual violation of some provision of some law, ordinance, or code
not within his authority to enforce, he shall report his findings
to the department having jurisdiction.
A.
Whenever there are practical difficulties involved
in carrying out the provisions of this chapter, the Code Enforcement
Inspector shall, with the approval of the Construction Official, the
Fire Official, and the Director of the Health Department, or their
designees, have the authority to grant modifications for individual
cases, provided he determines that the special individual reason makes
adherence to the strict letter of this chapter impractical, that the
modification is in compliance with the intent and purpose of this
chapter, and that such modification does not lessen health, life,
and firesafety requirements. The details of the action granting modifications
shall be recorded and entered into the files of the relevant department(s).
B.
The provisions of this chapter are not intended to
prevent the installation of any material or to prohibit any method
of construction not specifically prescribed by this chapter, provided
that any such alternative has been approved. An alternative material
or method of construction shall be considered approved where the Construction
Official finds that the proposed design is satisfactory and complies
with the intent of the provisions of this chapter, and that the material,
method, or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this chapter in quality, strength,
effectiveness, fire resistance, durability, and safety.
C.
Whenever there is insufficient evidence of compliance
with the provisions of this chapter, or evidence that a material or
method does not conform to the requirements of this chapter, or in
order to substantiate claims for alternative materials or methods,
the Code Enforcement Official shall have the authority to require
tests to be made as evidence of compliance at no expense to the Township.
Test methods shall be either as specified in this chapter or by other
recognized test standards. In the absence of recognized and accepted
test methods, the Code Enforcement Official shall be permitted to
approve appropriate testing procedures performed by an approved agency.
Test reports shall be retained in the files of the relevant department(s).
D.
Materials, equipment, and devices shall not be reused
unless such elements are in good repair or have been reconditioned
and tested when necessary, in proper working condition, and approved.
A.
Any individual, corporation, company, association, society, firm, partnership, or other entity found to be in violation of or in conflict with any of the provisions of this chapter shall be subject to the provisions and penalties set forth in this chapter; Part 1, Chapter 1, Article II, § 1-3 of the Code of the Township of Franklin; and N.J.S.A. 40:69A-29(b).
B.
Whenever the Code Enforcement Official determines
or has grounds to believe that there has been a violation of this
chapter, that a structure or piece of equipment is unsafe, or that
an unsafe structure must be demolished, he shall issue a notice of
violation and/or order to correct and/or a notice and order of penalty
to the owner or the owner's agent, except as otherwise set forth herein.
(1)
The form of such notice shall be in accordance with
all of the following:
(a)
Be in writing;
(b)
Include the block, lot, address, and any other
description of the property sufficient for identification;
(c)
Include a statement of the violation or violations;
(d)
Include a correction order that states a specific
time frame to perform the work required to bring the dwelling unit,
structure, or premises into compliance with the provisions of this
chapter; and
(e)
Include the amount of the penalty to be imposed
either immediately and/or for noncompliance.
(2)
Such notice shall be deemed to be properly served
if a copy thereof is delivered personally, sent by first-class mail
to the last known address of the owner or owner's agent, and/or posted
in a conspicuous place on or about the subject structure or premises.
(3)
As prescribed by N.J.A.C. 5:11-2.3(c): "In cases where
a landlord is to be cited for a violation pursuant to an illegal occupancy
which could potentially result in a (g)3 eviction, the following shall
be included as an insert sent with the violation notice:
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IF, IN SEEKING TO CORRECT THE ILLEGAL OCCUPANCY
FOR WHICH YOU HAVE BEEN CITED, IT IS NECESSARY FOR YOU TO EVICT ONE
OR MORE TENANTS TO COMPLY, YOU MUST NOTIFY THOSE TENANTS OF THEIR
POTENTIAL ELIGIBILITY FOR RELOCATION ASSISTANCE. FURTHER INFORMATION
REGARDING YOUR RESPONSIBILITIES AS OWNER PURSUANT TO REGULATIONS CONCERNING
EVICTION AND RELOCATION MAY BE OBTAINED BY CONTACTING THE FOLLOWING:
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DEPARTMENT OF COMMUNITY AFFAIRS
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DIVISION OF CODES AND STANDARDS
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OFFICE OF LANDLORD-TENANT INFORMATION
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PO BOX 805
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TRENTON, NEW JERSEY 08625-0805
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TELEPHONE: 609-633-6606"
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C.
Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
D.
The Code Enforcement Official may levy fines of up
to $2,000 per day, per offense for violations of this chapter and/or
for noncompliance with orders or notices
E.
In addition to the fines prescribed in Subsection D above, in the case of either a resident who attends a public school of the Township while illegally occupying a dwelling unit or a nonresident who uses a dwelling unit within the Township to illegally attend a public school of the Township, the owner-landlord of such dwelling unit shall be charged a fine equal to the annual tuition costs determined in a manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, which fine shall be recovered in civil action by a summary proceeding in the name of the Township pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this subsection. Payment of the fine shall be remitted to the Franklin Township Board of Education.
G.
It shall be unlawful for the owner of any dwelling
unit, structure, or premises, who has received a notice of violation
and/or order to correct and/or notice and order of penalty, to sell,
transfer, mortgage, lease, or otherwise dispose of such dwelling unit,
structure or premises to another until he has come into compliance
and/or paid any and all fines.
H.
Any person failing to comply with a notice of violation
and/or order to correct and/or notice and order of penalty served
in accordance with this section shall be deemed guilty of a misdemeanor,
and the violation shall be deemed a strict liability offense. If the
notice of violation or order is not complied with, the Code Enforcement
Official shall institute the appropriate proceeding at law or in equity
to restrain, correct, or abate such violation, or to require the removal
or termination of the unlawful occupancy of the structure in violation
of the provisions of this chapter or of the order or direction made
pursuant thereto. Any action taken by the Township on such premises
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
(1)
In the event that any violation of this chapter shall
result in the removal of a tenant, all costs, additional fines, and/or
other expenses shall be imposed against the owner/landlord or tenant
in accordance with applicable state law.
I.
The imposition of the penalties herein prescribed
shall not preclude the Township from instituting appropriate action
to restrain, correct, or abate a violation, or to prevent illegal
occupancy of a building, structure, or premises, or to stop an illegal
act, conduct, business, or utilization of a building, structure, or
premises.
When the Code Enforcement Inspector finds a
structure or equipment to be unsafe or unlawful or when he finds a
structure to be unfit for human occupancy, he shall report such condition
to the Code Enforcement Official, who shall then declare such structure
or equipment unsafe pursuant to the provisions of this chapter.
A.
Whenever the Code Enforcement Official has declared a structure or equipment unsafe, unfit for human habitation, or unlawful under the provisions of this section, he shall serve notice on the owner and/or person responsible for the structure or equipment in accordance with § 183-12B, except as otherwise set forth herein.
B.
In conjunction with serving notice, the Code Enforcement
Official shall post on the premises or equipment a placard bearing
the word "Unsafe" and a statement of the penalties provided for occupying
the premises, operating the equipment, or removing the placard. The
placard shall remain in place until such time as all the conditions
that prompted its having been posted have been corrected. Any person
who defaces or removes such a placard without the approval of the
Code Enforcement Official shall be subject to the penalties provided
by this chapter.
C.
Any occupied structure declared as unsafe and placarded
shall be vacated as ordered by the Code Enforcement Official. Additionally,
any equipment declared unsafe and placarded shall not be operated
as ordered by the Code Enforcement Official. Any person who shall
occupy a placarded structure or premises or shall operate placarded
equipment, and any owner or any person responsible for said premises
who shall let anyone occupy a placarded structure or premises or operate
placarded equipment shall be liable for the penalties provided by
this chapter.
D.
If a structure has been vacant and/or is unfit for
human habitation and occupancy for 60 days, and is not in danger of
structural collapse, the Code Enforcement Official is authorized to
post a placard of unsafe structure on the premises and order the structure
to be closed and secured so as not to be an attractive nuisance. Upon
failure of the owner to close and secure the premises within the time
specified in the order, the Code Enforcement Official shall cause
the premises to be closed and secured through any available public
agency or by contract or arrangement by private persons and the cost
thereof shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate and may be collected
by any other legal resource. All such structures must be closed and
secured in accordance with the standards set forth by the United States
Department of Housing and Urban Development.
When, in the judgment of the Construction Official,
any structure is so old, dilapidated, or out of repair as to be dangerous,
unsafe, unsanitary, or otherwise unfit for human habitation or occupancy
to such an extent that it is unreasonable to repair the structure,
or where there has been a cessation of normal construction of any
structure for a period of more than two years, he shall order the
owner of the premises upon which such structure is located to demolish
and remove such structure within a reasonable time.
C.
If the owner of a premises fails to comply with a
demolition order within the time prescribed, the Construction Official
shall cause the structure to be demolished and removed, either through
an available public agency or by contract or arrangement with private
persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
D.
When any structure has been ordered demolished and
removed, the Township Council or any designated Township official
under said contractor arrangement aforesaid shall have the right to
sell the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of
such sale or transaction, including the items of expense and the amounts
deducted, for the person who is entitled thereto, subject to any order
of a court. If such a surplus does not remain to be turned over, the
report shall so state.
A.
Notwithstanding other provisions of this chapter,
when, in the opinion of the Code Enforcement Official, there is imminent
danger of failure or collapse of a building, or where there is a structure
which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes, or vapors, or the presence of toxic fumes, gases,
or materials, or when defective or dangerous equipment is in operation,
or when a structure or part thereof does not have potable water available
and/or operable sanitary sewer or septic services, or when a similar
condition exists by which the health, safety, or welfare of the public
is at risk, he is hereby authorized and empowered to order and require
the occupants to vacate the premises forthwith. The Code Enforcement
Official shall cause to be posted at each entrance to such structure
a notice reading as follows: "THIS STRUCTURE IS DECLARED UNSAFE AND/OR
UNSANITARY. NO INDIVIDUAL IS TO OCCUPY THIS STRUCTURE UNTIL IT IS
RENDERED SAFE, SANITARY, AND SECURE." It shall be unlawful for any
person to enter such structure except for the purpose of securing
the structure, making the required repairs, removing the hazardous
condition, or demolishing said structure.
B.
Notwithstanding other provisions of this chapter,
whenever, in the opinion of the Code Enforcement Official, there is
imminent danger due to an unsafe and/or unsanitary condition, he shall
order the necessary work to be done to render such structure temporarily
safe and/or sanitary whether or not the legal procedure herein described
has been instituted; and shall cause such other action to be taken
as he deems necessary to meet such emergency.
C.
For the purposes of this section, the Code Enforcement
Official, with the approval of the Township Manager, is authorized
and empowered to employ the necessary labor and materials to perform
the required work as expeditiously as possible.
D.
Any and all costs incurred in the performance of emergency
work shall be paid by the Township. The Township Attorney shall institute
appropriate action against the owner of the premises where the unsafe
structure is or was located for the recovery of such costs.
