[HISTORY: Adopted by the Township Committee of the Township of Delanco:
Art. I, 10-12-1971 by Ord. No. 19-1971 as Ch. 47 of the 1971 Code; Art. II,
10-12-1971 by Ord. No. 19-1971 as Ch. 55 of the 1971 Code. Amendments noted
where applicable.]
[Adopted 10-12-1971 by Ord.
No. 19-1971 as Ch. 47 of the 1971 Code]
When any person or persons shall call the attention of the Township
Committee of the Township of Delanco to the fact that any building, wall or
structure in said township has become unsafe and dangerous to life or health,
it shall be the duty of the Township Committee to make an investigation and
determine whether or not said building, wall or structure can be so repaired,
strengthened or altered as to remove said danger, and said determination,
which shall be reduced to writing, shall contain a statement of the repairs
or alterations so to be made.
It shall be the duty of the Fire Chief to report, in writing, to the Township Committee relative to any building, wall or structure in the Township of Delanco which is of such a character or situation as might tend to extend a conflagration, and the Township Committee shall make an investigation and determination as provided in § 139-1 hereof.
When it shall be determined by the Township Committee that any building,
wall or structure in the Township of Delanco is or may become dangerous to
life or health, or is of such a character as might tend to extend a conflagration,
the owner or owners of such building, wall or structure shall, within 30 days
after receiving notice from the Township of Delanco of such dangerous or hazardous
condition of his, her or their building, wall or structure, destroy and remove
the same and fill and grade all excavations under or in connection with said
building, wall or structure; provided, however, that if said building, wall
or structure can be so repaired, strengthened, altered or fireproofed as to
remove such danger to life or health or as a fire hazard, such owner or owners
shall immediately proceed to make such repairs, alterations or fireproofing
as may be directed by the Township Committee of said township.
The aforementioned notice in § 139-3 of this article shall contain a description of the property affected, sufficiently definite in terms to identify the same, as well as a description of the manner in which such repairs, alterations, fireproofing, removal or destruction is to be carried out, and a notice that, unless such building, wall or structure is repaired, altered, fireproofed, removed or destroyed within 30 days after the service of such notice, the Township of Delanco will proceed with such removal or destruction or cause the same to be proceeded with pursuant to the authority vested in the Township of Delanco by Chapter 87, Laws of 1932.[1]
[1]
Editor's Note: See now N.J.S.A. 40:48-1.1.
Such aforementioned notice may be served upon the owner or owners resident
in the Township of Delanco, in person or by leaving the same at their usual
place of residence with a member of their family above the age of 14 years;
in case any such owner shall not reside in the Township of Delanco, notice
may be served upon such owner personally or mailed to such owner's last known
post office address, or it may be served upon the occupant of the property
or upon the agent of the owner in charge thereof; in case the owner of any
such property is unknown or service cannot for any reason be made as above
directed, notice thereof shall be published at least once, not less than 30
days before the proposed removal or destruction, in a newspaper circulating
in the Township of Delanco; there may be inserted in said advertisement notice
to the owner or owners of several different parcels of land. Notice to infant
owners, or owner or owners of unsound mind, shall be served upon their guardians.
Where lands are held in trust, service shall be made upon the trustee. Where
lands are held by two or more joint tenants, tenants in common or tenants
by the entirety, service upon one of such owners shall be sufficient and shall
be deemed and taken as notice to all.
Proof of service of aforesaid notice shall be filed within 10 days thereafter
with the officer having charge of the record of tax liens in the Township
of Delanco, but failure to file the same shall not invalidate the proceedings
if service has actually been made as herein provided.
When any such removal or destruction shall have been undertaken and
completed by the Township of Delanco, an accurate account of the cost and
expense thereof shall be kept, and a true statement under oath or affirmation
shall be filed with the Clerk of the Township of Delanco, by the person who
by direction of the Township Committee shall be in charge of such removal
or destruction. The Township Committee shall examine the same and, if the
same is properly made, shall confirm it and file such report with the Clerk
of the Township of Delanco, who shall record the same in a book to be kept
for that purpose.
The cost of such repairs, alterations, fireproofing, removal or destruction, as evidenced by a true statement under oath or affirmation duly filed and confirmed by the Township Committee as provided in § 139-7 of this article, shall be a municipal lien against said premises. Any such assessment shall be made on notice by the assessment commissioners in the same manner as other improvement assessments are now made.
All the work in connection with the repairing, altering, fireproofing,
removing or destroying of any building, wall or structure, pursuant to the
terms of this article, where the same has been determined to be a fire hazard,
shall be in the charge of the Fire Chief, and all the work in connection with
the repairing, altering, removing or destroying of any building, wall or structure,
pursuant to the terms of this article, where the same has been determined
to be dangerous to life or health or for any other reason, shall be in the
charge of a person designated by the Township Committee.
Any person or persons, firm or corporation failing to obey the provisions of this article, or the orders of the Township Committee issued thereunder, within 30 days after receiving notice provided herein, shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
[Adopted 10-12-1971 by Ord.
No. 19-1971 as Ch. 55 of the 1971 Code]
It is hereby found and declared that the existence and occupation of
dwellings in this municipality which are unfit for human habitation is inimical
to the welfare and dangerous and injurious to the health and safety of the
people of this municipality, and that a public necessity exists for the repair,
closing or demolition of such dwellings, and that such dwellings shall be
repaired, closed or demolished in the manner herein provided.
The following terms, whenever used or referred to in this article, shall
have their following respective meanings for the purposes of this article,
unless a different meaning clearly appears from the context:
Any building or structure, or part thereof, used and occupied for
human habitation or intended to be so used, including any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
The Township Committee of the Township of Delanco.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
Any housing authority or any officer who is in charge of any department
or branch of the government of the township, county or state relating to health,
fire, building regulations or to other activities concerning dwellings in
the municipality.
The officer who is authorized under this article to exercise the
powers presented by this article.
When a petition is filed with the public officer by a public authority
or at least five residents of this municipality, charging that any dwelling
is unfit for human habitation, or whenever it appears to the public officer
(on his or her own motion) that any dwelling is unfit for human habitation,
the public officer shall, if his or her preliminary investigation discloses
a basis for such charges, issue and cause to be served upon the owner of and
parties in interest in such dwelling a complaint stating the charges in that
respect and containing a notice that a hearing will be held before the public
officer (or his or her designated agent) at a place therein fixed not less
than seven 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 complaint; and that the rules of evidence
prevailing in courts of law or equity shall not be controlling in hearings
before the public officer.
If, after such notice and hearing, the public officer determines that
the dwelling under consideration is unfit for human habitation, he or she
shall state, in writing, his or her 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.Â
If the repair, alterations or improvement of the said
dwelling can be made at a reasonable cost in relation to the value of the
dwelling [which reasonable cost shall not be over 50% of the value of the
dwelling], requiring the owner (to the extent and within the time specified
in the order) to repair, alter or improve the said dwelling to render it fit
for human habitation, or, at the option of the owner, to vacate and close
the dwelling as a human habitation; or
B.Â
If the repair, alteration or improvement of said dwelling
cannot be made at a reasonable cost in relation to the value of the dwelling
[reasonable cost shall not exceed 50% of the value of said dwelling], requiring
the owner (within the time specified in the order) to remove or demolish such
dwelling.
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 dwelling, the public
officer may cause such dwelling to be repaired, altered or improved, or to
be vacated or closed; the public officer may cause to be posted on the main
entrance of any dwelling so closed a placard with the 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 to remove or demolish the
dwelling, the public officer may cause such dwelling to be removed or demolished.
The amount of such 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 dwelling
is removed or demolished by the public officer, he or she shall sell the materials
of such dwelling and shall credit the proceeds of such sale against the cost
of removal or demolition, and any balance remaining shall be deposited in
the Superior Court of Chancery by the public officer, 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 decree
of such Court; provided, however, that nothing in this section shall be construed
to impair or limit in any way the power of the municipality to define and
declare nuisances and to cause their removal or abatement, by summary proceedings
or otherwise.
The public officer may determine that a dwelling is unfit for human
habitation if he or she finds that conditions exist in such dwelling which
are dangerous or injurious to the health or safety of the occupants of such
dwellings or other residents of this municipality; such conditions shall 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 public officer pursuant to this article
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
by the public officer in the exercise of reasonable diligence, and the public
officer 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 each week
for two successive weeks in a newspaper printed and published in this municipality,
or in the absence of such newspaper, in one printed and published in the county
and circulating in this municipality. 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
with the County Recording Officer.
The public officer is authorized to exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions of this
article, including the following powers in addition to others herein granted:
A.Â
To investigate the dwelling conditions in this municipality
in order to determine which dwellings are unfit for human habitation.
B.Â
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.Â
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.Â
To appoint and fix the duties of such officers, agents
and employees as he or she deems necessary to carry out the purposes of this
article.
E.Â
To delegate any of his or her functions and powers under
this article to such officers and agents as he or she may designate.
This article is adopted in accordance with Chapter 112, P.L. 1942, N.J.S.A.
40:48-2 et seq., and the method of enforcement, definitions, procedure and
remedies shall be governed and controlled thereby and as therein set forth
or in any amendments or supplements thereto.
