Township of Logan, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Logan 2-14-1962. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 70.
Fire prevention — See Ch. 93.
Housing standards — See Ch. 102.
Certificates of occupancy — See Ch. 119.
Property maintenance — See Ch. 125.

§ 64-1 Definitions.

The following terms, whenever used or referred to in this chapter, shall have the following respective meanings for the purposes of this chapter, unless a different meaning clearly appears from the context:
BUILDINGS
Any building or structure or part thereof, whether used for human habitation or occupancy or use or otherwise or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
OWNER
The holder of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building and any who are in possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of any department or branch of the government of the Township of Logan, County of Gloucester and State of New Jersey, relating to health, fire, building regulations or to other activities concerning buildings in the Township of Logan.
PUBLIC OFFICER
The officer who is authorized by this chapter to exercise the powers prescribed for him.

§ 64-2 Preliminary investigation.

Whenever it shall be found that there exists in the Township of Logan buildings which are unfit for human habitation or occupancy or use due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents or other calamities, lack of adequate ventilation, light or sanitary facilities, or due to other conditions rendering such buildings unsafe or unsanitary and dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents, the Public Officer, hereinafter designated, shall, upon the filing of a petition by a public authority or by at least five residents of the Township of Logan, charging that any building is unfit for human habitation or occupancy or use, or if it shall appear to the Public Officer or his own motion that any building is unfit for human habitation or occupancy or use, make a preliminary investigation or cause such preliminary investigation to be made concerning the basis of such charges.

§ 64-3 Service of complaint.

[Amended 12-7-1985 by Ord. No. 8-1985]
If a preliminary investigation shall disclose to the said Public Officer a basis for the charges filed, he shall 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. The said complaint shall also contain a notice that a hearing will be held before him at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint.

§ 64-4 Answer to complaint.

The said owner and parties in interest shall have the right to file an answer to the complaint and to appear in person, by counsel or otherwise and give testimony at the time and place fixed in the complaint.

§ 64-5 Rules of evidence not controlling.

The rules of evidence prevailing in courts of law or equity shall not be controlling in such hearings.

§ 64-6 Findings of fact; order.

When, after such notice and hearing, the Public 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 the parties in interest an order as follows:
A. 
Requiring the repair, alteration or improvement of the said building to be made by the owner within a reasonable time, which time shall be set forth in the order, or, at the option of the owner, to vacate or have the said building vacated and closed within the time set forth in the order; and
B. 
If the building is in such a 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 the said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.

§ 64-7 Repair or closing by township.

If the owner fails to comply with an order to repair, alter or improve, or to demolish the building, as the case may be, then the Public Officer shall cause such building to be repaired, altered or improved, or to be vacated and closed. The Public Officer shall 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 occupancy or use; the use or occupation of this building is prohibited and unlawful."

§ 64-8 Removal by township.

If the owner fails to comply with an order to remove or demolish the building, the Public Officer 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.

§ 64-9 Municipal lien for costs.

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 the Township of Logan, and such cost of such repairs, alterations or 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 a municipal lien against the real property upon which such cost was incurred. All matters relating to the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition, or excess credits, if any, shall be controlled strictly by the provisions of Paragraphs 1 and 2 of Subsection (f) of N.J.S.A. 40:48-2.5.

§ 64-10 Grounds for determination of unfitness.

The Public Officer or officers charged with the enforcement of this chapter may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building 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 such municipality. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazard of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair, structural defects and uncleanliness. Nothing in this section shall be construed to place any limitations upon the Council in establishing additional standards to guide the Public Officer in determining the fitness of a building for human habitation or occupancy or use. Such additional standards may be established whenever circumstances seem to require the same by resolution of the Council duly adopted under the provisions of this chapter.

§ 64-11 Enforcement of other ordinances.

Nothing in this chapter shall be construed to abrogate or impair the powers of the township to enforce any other existing ordinance or regulation nor to prevent or to punish violations thereof; and the powers conferred by this shall be in addition and supplemental to the powers conferred by any other ordinance.

§ 64-12 Method of service of orders.

Complaints or orders issued by the Public Officer pursuant to this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, and the Public Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper, as provided by law. 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 in the Gloucester County Clerk's office.

§ 64-13 Violations and penalties.

[Amended 12-7-1985 by Ord. No. 8-1985]
Any person who shall violate this chapter or do any act or thing prohibited, or refuse or fail to do any act or thing required to be done, or refuse or fail to comply with any order issued hereunder, shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, forfeit and pay such fine not exceeding the sum of $1,000 as shall be imposed by such judicial officer in his discretion, or, if the party so convicted shall be a natural person, be imprisoned for such term not exceeding 90 days as such judicial officer, in his discretion, shall determine; provided, however that if the party so convicted shall be a natural person, such judicial officer shall have the power, in his discretion, to impose sentence of both fine and imprisonment not exceeding the maximum limits hereinbefore fixed. Whenever such person shall have been officially notified by the Public Officer referred to herein, or by service of a summons in a prosecution, or in any other official manner, that he is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.

§ 64-14 Petition to court.

[Amended 12-7-1985 by Ord. No. 8-1985]
Any person affected by an order issued by the Public Officer may petition the court for relief in accordance with N.J.S.A. 40:48-2.8.

§ 64-15 Remedies exclusive.

The remedies herein provided shall be exclusive remedies, and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant to any order of the Public Officer or because of noncompliance by such person with any order of the Public Officer.

§ 64-16 Additional powers of Public Officer.

In addition to the powers herein granted to the Public Officer, he shall also have the following powers:
A. 
To investigate the building conditions in the Township of Logan in order to determine which buildings therein are unfit for human habitation or occupancy or use.
B. 
To administer oaths, 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.
D. 
To exercise such other and additional powers as are reasonably necessary and convenient to carry out and effectuate the purposes and provisions of this chapter.

§ 64-17 Effect.

Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any township department to enforce any of its ordinances or regulations nor to prevent or punish violations thereof; and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law or ordinance.

§ 64-18 Designation of Public Officer.

[Amended 12-7-1985 by Ord. No. 8-1985]
For the administration and enforcement of this chapter, the Construction Official of the Township of Logan is hereby designated as the "Public Officer," and he shall serve in such capacity without any additional salary or fees.