[HISTORY: Adopted by the Township Committee of the Township of West Amwell 10-17-2001 by Ord. No. 01-12. Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Ch. 51.
Numbering of buildings — See Ch. 61.
Uniform construction codes — See Ch. 68.
Fire prevention — See Ch. 88.
Garage, rubbish and refuse — See Ch. 99.
Land development — See Ch. 109.
Public health nuisances — See Ch. 166.
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:
BUILDING
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.
GOVERNING BODY
The Township Committee or other legislative body, charged with governing a municipality.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building and who are in actual possession thereof.
PUBLIC AUTHORITY
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.
PUBLIC OFFICER
The officer, officers, board or body who is or are authorized to exercise the powers prescribed by this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.