[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Pohatcong 6-12-1979. Amendments noted
where applicable.]
GENERAL REFERENCES
Uniform Construction Codes — See Ch. 112.
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purpose of this chapter, unless
a different meaning clearly appears from the context:
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.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The Construction Code Official or Deputy Construction Code Official
or any other officer authorized by the Township Committee[1] to exercise the powers prescribed by this chapter.
[1]
Editor's Note: Now Township Council.
The Construction Code Official or Deputy Construction Code Official
of the Township of Pohatcong are hereby designated as the officers to exercise
the powers prescribed by this chapter, subject to the authority of the Township
Committee,[1] and they shall serve in such capacity without any additional salary.
[1]
Editor's Note: Now Township Council.
For the purpose of this chapter, the Construction Code Official or the
Deputy Construction Code Official may determine that a building is unfit for
human habitation 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 of Pohatcong. Such conditions may include the following without limiting
the generality of the foregoing:
Pursuant to N.J.S.A. 40:49-5.1, the Building Code Ordinances, Fire Prevention
Code Ordinances and Health Ordinances and the rules and regulations issued
thereunder, along with the Uniform Construction Code of the State of New Jersey,[1] are adopted by the Township of Pohatcong as establishing standards
to be used as a guide in determining the fitness of a building for human habitation,
occupancy or use. Copies of the foregoing are on file in the office of the
Township Clerk and are available to all persons desiring to use and examine
the same.
Whenever a petition is filed with the Construction Code Official or
his Deputy, by a public authority, as defined in N.J.S.A. 40:48-2.4, or by
at least five residents of the municipality, charging that any building is
unfit for human habitation as herein defined, or whenever it appears to the
Construction Code Official or his Deputy, on their own motion, that any building
is unfit for human habitation, as herein defined, he shall, if his preliminary
investigation discloses a basis for such charge, issue and cause to be served
upon the owner and parties in interest in such building a complaint stating
the charges in that respect and containing a notice that a hearing will be
held at a designated time and place, not less than 10 days nor more than 30
days after the serving of said 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 by their attorney and give testimony at the time and place fixed
in the complaint and that the rules of evidence prevailing in courts of law
and equity shall not be controlling in such hearings.
Complaints or orders issued by the Construction Code Official or his
Deputy 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 such Construction Code Official or his Deputy
in the exercise of reasonable diligence, and said Construction Official shall
make an affidavit to that effect, then the serving of such complaint or order
upon such person may be made by publishing the same, once each week for two
consecutive weeks, in a newspaper printed and published in the County of Warren
and circulated in the Township of Pohatcong. A copy of such complaint or order
shall be posted in a conspicuous place on the premises affected by the complaint
or order, and a copy of such complaint or order shall be duly recorded or
lodged for record with the County Clerk of Warren County.
A.
If, after such notice and hearing, the Construction Code
Official or his Deputy determines that the building under consideration is
unfit for human habitation, as herein defined, he shall state, in writing,
his findings of fact and shall serve the same upon the owner thereof, and
parties in interest, requiring:
(1)
The repair, alteration or improvement of 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 to have the
said building vacated and closed within the time set forth in the order.
(2)
If the building is in such 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 said building within the time specified
in the order, that the owner remove or demolish said building within a reasonable
time as specified in said order of removal.
(3)
That if the owner fails to comply with the order to repair,
alter or improve, or at the option of the owner to vacate and close the building,
the Construction Code Official or his Deputy may cause the building to be
repaired, altered or improved, or to be vacated and closed, subject to the
approval of the Township Committee.[1] A placard with the following words may be posted on the main entrance
of any building so closed: "This building is unfit for human habitation or
occupancy or use. The use or occupation of this building is prohibited and
unlawful."
[1]
Editor's Note: Now Township Council.
(4)
If the owner fails to comply with an order to remove
or demolish the building, the Construction Code Official or his Deputy may,
subject to the approval of the Township Committee, cause such building to
be removed or demolished or may contract for the removal or demolition thereof,
after advertisement and bids in accordance with the Local Public Contracts
Law.[2]
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
B.
The amount of the cost of the filing of legal papers,
expert witnesses fees, search fees and advertising costs incurred in the course
of any proceeding taken under this chapter, determined in favor of the municipality,
and the cost of such repairs, alterations or improvements or vacating and
closing or removal and demolition, if any, or the amount of the balance thereof
remaining after the 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 or his Deputy, he shall sell the materials
of such building by public bid. There shall be credited against the cost of
the removal or demolition thereof the proceeds of any sale of such materials
or of any sum derived from any contract for the removal of 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 and other
custodian of the records of tax liens, and a copy thereof shall be served
forthwith upon the owner, or other person in interest, by registered mail.
If the total of the credits exceeds such cost, the balance remaining shall
be deposited in the Superior Court by the Construction Code Official or his
Deputy and shall be secured in such manner as may be directed by such Court
and shall be disbursed according to the order or judgment of the Court to
the persons found to be entitled thereto by the judgment of said Court; provided,
however, that nothing in this section shall be construed to impair or limit,
in any way, the powers of the municipality to define and declare nuisances
and to cause their removal or abatement by summary proceedings or otherwise.
Any owner or party in interest may, within 60 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.
The Construction Code Official or his Deputy is hereby authorized and
empowered to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this chapter, including
the following, in addition to others herein granted:
A.
To investigate the building conditions in the Township
of Pohatcong in order to determine which buildings therein are unfit for human
habitation.
B.
To enter upon premises for the purpose of making an examination,
provided that such entries shall be made in such a manner as to cause the
least possible inconvenience to the persons in possession.
C.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
A.
Nothing in this chapter shall be construed to abrogate
or impair the powers of the courts or of the municipality, or any officer
thereof, to enforce any provisions of other ordinances or regulations or to
prevent or punish violations thereof. The powers conferred by this chapter
shall be in addition to and supplemental to the powers conferred upon the
municipality by any other law or ordinances.
B.
If a provision of this chapter is found to be in conflict
with a provision of a zoning, building, fire, health, or other law, ordinance
or regulation adopted pursuant thereto, the provision or requirement which
is more restrictive or which establishes the highest standard shall apply.
