Every owner of a building designed to be occupied
or occupied as residences by more than two families and where such
owner has agreed to supply heat shall provide heat from the first
day of October in each year to the first day of May of the succeeding
year so that the temperature of said apartment where one or more persons
reside shall always be kept at 68° F. or above between the hours
of 6:00 a.m. and 10:00 p.m.
For the purpose of § 265-13, whenever a building is heated by means of a furnace, boiler or other apparatus under the control of the owner of such building, such owner, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself to furnish heat in accordance with the provisions of said section.
The owner of a building of the type described in § 265-13 and where the heating system or systems are a permanent part of the property shall, from the first day of October in each year to the first day of May of the succeeding year, maintain such heating system or systems therein in a safe and proper working condition to supply to said building the heat required by this article.
No house, apartment, rooms or building shall
be let, leased or occupied by human beings which is infested with
rats, mice or vermin. The owner, lessor, agent or occupant of any
such place, upon notice from the Board, shall immediately proceed
to rid said place of said rats, mice or vermin by any reasonable and
safe means approved by the Board.
Every owner, tenant or occupant of any dwelling
house or place of business shall cause all garbage, swill and offal
to be removed from the premises at least once each week, and more
often if so ordered by the Board, except such garbage as may be burned
on the premises in an incinerator of a type approved by this Board
and in such manner that no nuisance is created.
[Added 12-16-2020 by Ord.
No. BH 01-2020]
A.
Adoption of standards. Pursuant to N.J.S.A. 26:3-69.2, the New Jersey
State Housing Code, New Jersey State Uniform Construction Code, and
provisions of N.J.S.A. 40:48-2.3 through 40:48-2.12 are hereby adopted
by reference.
B.
Findings.
(1)
It is hereby found and declared that there are, or may be in
the future, the existence, occupation, tenancy, residency, habitation
or other use of buildings, walls, improvements on property, or structures
which are so old, dilapidated, unkept, dangerous, unsanitary, a menace
to the health, morals, safety and general welfare, a serious nuisance
or tend to extend a conflagration, and have become so out of repair
to such an extent that said structures are unfit for use, business,
habitation, or occupancy, and are inimical to the general welfare
and dangerous and injurious to the health and safety of the people
of the Township, and that a public necessity exists for the vacation,
removal, destruction, or demolition of such buildings, walls, improvements,
and structures.
(2)
Nothing in this chapter shall be construed so as to impair or
limit in any way the power of the Township or Board of Health to define,
declare, abate, or cause the removal of any nuisances, by summary
proceedings or otherwise, nor is anything in this chapter intended
to limit the authority of the enforcing agency or Construction Code
Official under the State Uniform Construction Code, or any rules or
regulations adopted thereunder.
C.
Designation of enforcement officer(s); officials to investigate.
The Construction Code Official of the Township of Readington or any
other officer or official in charge of any department of the Township
of Readington relating to the health, fire, building regulations,
or permissible activities concerning buildings and structures within
the Township are hereby authorized to inspect, investigate, and issue
any violations/penalties with regard to this chapter.
D.
Investigation of unfit or dangerous conditions by designated officers.
(1)
Whenever a complaint by a person shall be made in writing to
any designated officer or official in charge of any department of
the Township of Readington or to the Township Committee with regard
to any dangerous or unsafe building, walls, improvement on property,
or structure, or whenever such official or the Township Committee
shall learn of such condition(s), any official or officer shall inspect
the premises and make a report thereof to the Township Committee promptly
thereafter, with a copy to the Board of Health.
(2)
Thereafter, the Township Committee may, by resolution with supporting
reasons, direct the Construction Official and the Township Attorney
to undertake the removal and demolition of the dangerous buildings,
walls, improvements, or structures in accordance with this chapter.
E.
Inspections; grant of access. The Construction Official or other
officer designated hereunder is hereby authorized and directed to
make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Township of Readington
in order that he or she may perform his or her duty of safeguarding
the health and safety of the occupants of dwellings and of the general
public. For the purpose of making such inspections, designated officials
of the Township of Readington are hereby authorized to enter, examine
and survey at all reasonable times all dwellings, dwelling units,
rooming units and premises. The owner or occupant of every dwelling,
dwelling unit and rooming unit, or the person in charge thereof, shall
give the inspecting official of the Township of Readington free access
to such dwelling, dwelling unit or rooming unit and its premises at
all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a dwelling or dwelling unit shall give
the owner thereof, or his agent or employee, access to any part of
such dwelling or dwelling unit or its premises at all reasonable times
for the purpose of making such repairs or alterations, or investigating
dangerous or unfit conditions warranting demolition, as are necessary
to effect compliance with the provisions of this chapter.
F.
Complaints and hearings.
(1)
If the investigating official discovers or finds reasonable
basis for the charge that the building, wall, improvement, or structure
inspected is unfit for use, occupancy, business or habitation, said
officer shall issue and cause to be served upon the owner of and all
parties in interest to same, a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Township Committee, at a place and time therein fixed, not less
than seven days nor more than 30 days after service of the complaint,
that the owners and parties in interest shall be given the right to
file an answer to the complaint with the Township clerk prior to the
hearing date and to appear in person or otherwise at the hearing to
proffer testimony at the time and place fixed in the complaint. All
owners and parties in interest are entitled to retain legal counsel
and professional representation in connection with all proceedings
contemplated by this chapter.
(2)
The rules of evidence prevailing in the courts of law shall
not be controlling before the Township Committee.
G.
Referral to Board of Health. In the event of inability to act, the
Township Committee may, by resolution and upon adequate notice to
all owners and parties in interest, designate the Board of Health
to conduct and complete the proceedings contemplated by this chapter,
and act in its place and stead.
H.
Service of complaint. The written complaint setting forth the charges
and providing for the time and place of hearing shall be mailed to
the owners and all parties in interest, or their respective agent(s),
by certified mail (return receipt requested), and if refused, by ordinary
mail or delivered personally to such individuals or agents. Municipal
officials and officers may rely upon the records of the Tax Assessor
concerning ownership of any premises in the Township.
I.
Determinations and order. After such hearing, if the Township Committee determines that the building, wall, improvement on property, or structure is unfit for habitation, use, business, or occupancy, the Township Committee shall state in writing its findings of fact in support of such determination, and shall issue and cause to be served upon the owners thereof and any parties in interest, in accordance with Subsection H, such writing and order the removal, destruction, or demolition of said building, wall, improvement on property or structure. Upon issuance of such an order, the charging officer shall promptly cause to be posted on the main entrance and elsewhere, as deemed appropriate and prudent, a placard stating as follows: "This building is unfit for human habitation or occupancy or use: The use or occupation of this structure is prohibited and unlawful."
J.
Contest to findings and order. Any person aggrieved by the order issued under Subsection I may, within 30 days after service and notice of such order, bring an action for injunctive relief in the Superior Court of New Jersey to enjoin the enforcement of the order and restrain the Township from effectuating same. The remedy provided herein shall be exclusive and no Township official, officer, or representative shall be liable for any claimed or actual damages, costs, or expenses for action taken pursuant to this chapter.
K.
Owners' failure to remove; township to act. If the owners or
appropriate agent(s) fails to take down and remove or demolish such
dangerous building, wall, improvement, or structure within the time
prescribed by such order, the Township Committee shall proceed to
take down and remove or demolish the same by use of municipal forces
or by private contractor.
L.
Cost of removal to be recovered.
(1)
When any such removal, destruction, or demolition shall be undertaken at municipal expense, the Construction Official shall keep an accurate account of the cost and expense thereof, and, upon completion of said removal or destruction, a true statement of the total cost thereof shall be filed by the Construction Official with the Tax Assessor whereupon the same shall become a lien upon the real property in question, as provided by law, with a copy delivered to the owners and parties in interest in the manner prescribed by Subsection H.
(2)
In addition, the Township Committee may authorize the Township
to proceed in an action against the owners of the subject premises
for collection of such costs as may actually have been spent in the
removal or demolition of the dangerous condition, together with all
costs incurred due to administration and legal fees, costs of filing
legal papers, expert witness fees, search fees, and recording and
advertising charges.
M.
Challenge to lien amount. Any owner or party in interest may, no
later than 30 days from the filing of the lien certificate, proceed
in a summary action in the Superior Court of New Jersey to contest
the reasonableness of the amount or accuracy of the costs set forth
in the municipal lien certificate.
N.
Removal of materials or placard prohibited. It shall be unlawful for any person to remove or cause to be removed any equipment, supplies, fencing, or materials placed on the subject property by the Township or the placard referred to in Subsection I.
O.
Violations. Any owner, lessee, or other party in interest in possession, who fails to comply with any order or notice to vacate or who fails to repair, alter, improve, take down, or demolish the unfit building, wall, improvement, or structure in accordance with any notice or order as provided in this section shall also be guilty of a violation hereof, pursuant to the provisions set forth in § 247-12.
