[HISTORY: Adopted by the Township Committee
of the Township of Carneys Point 2-13-1991 as Ord. No. 501. Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 72.
The Township Committee of the Township of Carneys
Point hereby designates the Building Inspector for Carneys Point Township
to exercise the powers prescribed by this chapter.
Whenever a petition is filed with the Building
Inspector by a public authority or by at least five residents of the
Township of Carneys Point, charging that any building is unfit for
human habitation, occupancy or use, or whenever it appears to the
Building Inspector that any building is unfit for human habitation,
occupancy or use, the Building Inspector 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, a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the Building
Inspector, or his designated agent, at a place therein fixed, 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 otherwise, and give testimony at the place and time fixed in the
complaints; and that the rules of evidence prevailing in courts shall
not be controlling in hearings before the Building Inspector.
If after such notice and hearing the Building
Inspector determines that the building under consideration is unfit
for human habitation, 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 parties in interest
an order:
A.
Requiring the repair, alteration or improvement of
the said building, if such can be made within a reasonable time. The
order shall state the time permitted for making the repair, alteration
or improvement of the building. The order shall also allow the owner
or other parties in interest the option to vacate and close the building
instead of making the repair, alteration or improvement.
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,
requiring the removal or demolition of the building within a reasonable
time. The order shall state the time permitted for removing or demolishing
the building.
If the owner fails to comply with an order issued pursuant to § 198-3A to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Building Inspector may cause such building to be repaired, altered or improved, or to be vacated and closed. Under such circumstances, the Building Inspector 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; the use or occupation of this building for human habitation is prohibited and unlawful."
If the owner fails to comply with an order issued pursuant to § 198-3B to remove or demolish the building, the Building Inspector may cause such building to be removed or demolished. Prior to such removal or demolition, the Building Inspector shall cause to be posted, on the main entrance of any such building, a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."
In the event that the Building Inspector repairs, alters, improves, closes, vacates, removes or demolishes a building in accordance with § 198-4 or 198-5, the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Building Inspector, he may sell the materials of such building and shall credit the proceeds, if any, of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the Superior Court of New Jersey by the Building Inspector. Said funds shall be secured in such manner as may be directed by such Court and shall be disbursed by such Court to the persons found to be entitled thereto by final order or judgment of such Court. If there are no such credits or if the total sum of costs exceeds the total of credits, the Building Inspector shall file a detailed statement of the aforesaid costs and amounts due with the Carneys Point Township Tax Assessor. A copy of said statement shall be forthwith served on the owner and parties in interest by registered mail. Said costs and amounts due shall be a municipal lien, which may be foreclosed in accordance with the Tax Sale Law.[1]
[1]
Editor's Note: See N.J.S.A. 54:5-1 et seq.
The Building Inspector 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 to the residents of the Township of Carneys Point; 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;
or uncleanliness.
Complaints or orders issued by the Building
Inspector pursuant to this chapter shall be served upon persons either
personally or by registered mail. If the whereabouts of such persons
is unknown and the same cannot be ascertained by the Building Inspector
in the exercise of reasonable diligence, and the Building Inspector
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 Salem County and circulating
in Carneys Point Township. 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 Salem County Clerk.
In addition to any other powers granted by the
New Jersey Statutes or the Carneys Point Township Code, the Building
Inspector shall have the following powers:
A.
To investigate the building conditions in the Township
of Carneys Point in order to determine which buildings are unfit for
human habitation.
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.
Any person aggrieved by an order issued by the
Building Inspector of Carneys Point Township pursuant to this chapter
shall have such remedies as are provided pursuant to N.J.S.A. 40:48-2.8.
