[HISTORY: Adopted by the Township Committee of the Township of West
Amwell 10-17-2001 by Ord. No. 01-12. Amendments
noted where applicable.]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40 49-5.1),
the "New Jersey State Housing Code" as approved by the Departments of Health
and Conservation and Economic Development and filed in the Secretary of State's
office is hereby accepted, adopted and established as a standard to be used
as a guide in determining the fitness of a building for human habitation or
occupancy or use. Three copies of the "New Jersey State Housing Code" have
been placed on file in the office of the Township Clerk and are available
to all persons desiring to use and examine the same.
Whenever there is found to exist within the limits of the Township of
West Amwell any building or buildings which are unfit for human habitation
or occupancy or use due to dilapidation, defects increasing the hazards of
fire, accidents or other calamities, lack of ventilation, light or sanitation
facilities or due to other conditions rendering such building or buildings,
or part thereof, unsafe or unsanitary, or dangerous or detrimental to the
health or safety or otherwise inimical to the welfare of the residents of
this municipality, the Township of West Amwell, in the exercise of its police
power, as conferred upon it under the provision of N.J.S.A. 40:48-2.3 et seq.,
will take such action as necessary to repair, close or demolish, or cause
or require the repairing, closing or demolition of such building or buildings
or part thereof in accordance with the procedures set forth herein.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, or structure, or part thereof, whether used for human
habitation or otherwise, and includes any outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
The Township Committee or other legislative body, charged with governing
a municipality.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and who are in actual possession thereof.
Any housing authority or any officer who is in charge of any department
or branch of the government of the municipality, county or state relating
to health, fire, building regulations, or to other activities concerning buildings
in the municipality.
The officer, officers, board or body who is or are authorized to
exercise the powers prescribed by this chapter.[1]
The Construction Code Official shall be the public officer designated
to exercise the powers prescribed by this chapter.
A.
Whenever a petition is filed with the Construction Code
Official by a public authority or by at least five residents of the municipality
charging that any building is unfit for habitation or occupancy or use or
whenever it appears to the Construction Code Official, on his own motion,
that any building is unfit for human habitation or occupancy or use, the Construction
Code Official 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 complaint stating the charges in that respect and
containing a notice that a hearing will be held before the Construction Code
Official (or his designated agent) at a place therein fixed not less than
seven days nor more than 30 days after the serving of the 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 place and time fixed in the complaints; and that the rules of evidence
prevailing in the courts shall not be controlling hearings before the Construction
Code Official.
B.
If, after such notice and hearing, the Construction Code
Official determines that the building under consideration is unfit for human
habitation or occupancy or use, he shall state in writing his finding of fact
in support of such determination and shall issue and cause to be served upon
the owner thereof and parties in interest an order:
(1)
Requiring the repair, alteration or improvement of the
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 building vacated and closed within the time set forth in the order; and
(2)
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 building within the time specified
in the order, then the owner shall be required to remove or demolish the building
within a reasonable time as specified in the order of removal.
C.
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,
the Construction Code Official may cause such building to be repaired, altered
or improved, or to be vacated and closed. The Construction Code 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
occupancy or use; the use or occupation of this building is prohibited and
unlawful."
D.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Code 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.
E.
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 section determined in favor
of the municipality; 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. If the building is removed or
demolished by the Construction Code Official, he shall sell the materials
of such building. There shall be credited against the cost of the 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 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 registered mail. If the total of the credits exceed such costs, the
balance remaining shall be deposited in the Superior Court by the Construction
Code Official, shall be secured in such manner as may be directed by such
court, and shall be disbursed according to the order of judgment of the court
to the persons found to be entitled thereto by final order or judgment of
such court. 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.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building, the Construction
Code Official may, after taking such measures as may be necessary to make
such building temporarily safe, seek a judgment in summary proceedings for
the demolition thereof.
Nothing contained herein shall be construed to impair or limit in any
way the Township's power to define and declare nuisances and to cause
their removal or abatement, by summary proceeding or otherwise, nor is anything
in this section intended to limit the authority of the Construction Code Official
under the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A.
52:27D-119 et seq.), or any other rules or regulations adopted thereunder.
The Construction Code Official 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 the Township; such conditions may include the following
(without limiting the generality of the foregoing): defects therein increasing
the hazards of fire, accident, or other calamities; lack of adequate ventilation,
light, or sanitary facilities, dilapidation, disrepair, structural defects;
uncleanliness; and failure to comply with the requirements of the building
code or the certificate of occupancy.
Complaints or orders issued by the Construction Code Official pursuant
to this chapter shall be served upon persons either personally or by registered
mail, but if the whereabouts of such persons is unknown and the same cannot
be ascertained in the exercise of reasonable diligence, the Construction Code
Official 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
in a newspaper printed and published in the municipality, or, in the absence
of such newspaper, in one printed and published in the county and circulating
in the municipality in which the buildings are located. A copy of such complaint
or order shall be posted in a conspicuous place on premises affected by the
complaint or order. A copy of such complaint or order shall be duly recorded
or lodged for record with the county recording officer of the county in which
the building is located.
Any person aggrieved by an order issued by the Construction Code Official
under this chapter may, within 30 days after the posting of service of such
order, bring an action for injunctive relief to restrain the Construction
Code Official from carrying out the provisions of the order and for any other
appropriate relief. The court may proceed on the action in a summary manner
or otherwise. The remedy herein provided shall be exclusive, and no person
affected by an order of the Construction Code Official shall be entitled to
recover any damages for action taken pursuant thereto, or because of noncompliance
by any person with any order of the Construction Code Official.
The Construction Code Official shall have the following additional powers
to enable him to carry out and effectuate the purposes and provisions of this
chapter:
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, 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 appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of the chapter;
and
E.
To delegate any of his functions and powers under this
chapter to such officer and agents as he may designate.
The Township Committee shall, as soon as possible, prepare an estimate
of the annual expenses or costs to provide the equipment, personnel and supplies
necessary for periodic examinations and investigations of the buildings in
the Township for the purpose of determining the fitness of such buildings
for human habitation or occupancy or use, and for the enforcement and administration
of this chapter, and may make such appropriations from revenues as may be
necessary for this purpose and may accept and apply grants and donations to
assist in carrying out the provisions of this chapter.
Nothing in this chapter shall preclude the Township from enforcing any
other section or regulations; nor from punishing violations thereof. The powers
conferred by this chapter shall be in addition and supplemental to the power
conferred by any other chapter.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be subject to a fine of not less than $100 nor more
than $1,250, a term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof. Such fine and imprisonment
and each violation of any of the provisions of this chapter and each day that
the same is violated shall be deemed and taken to be a separate and distinct
offense.
