[HISTORY: Adopted by the Township Council
of the Township of Delran as Sec. 13-2 of the 1993 Revised General
Ordinances. Amendments noted where applicable.]
This chapter shall be known by the short title,
"The Delran Township Ordinance Concerning Dwellings Unfit for Human
Habitation."
It is hereby found and declared that the existence
of buildings in the Township which are unfit for human habitation,
occupancy or use is inimical to the welfare and dangerous and injurious
to the health and safety of the residents of the Township and a public
necessity exists for the repair, closing or demolition of such buildings.
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 structure, or part thereof, whether used for human habitation
or otherwise, and includes outhouses and appurtenance belonging thereto
and usually enjoyed therewith.
A housekeeping unit designed or intended for occupancy by
one family.
As defined in § 257-3.
All persons who have an interest in a dwelling or who are
in possession thereof.
Any housing authority, or any officer who is in charge of
any department or branch of the Township relating to health, fire,
building regulations or other activities concerning building in the
Township of Delran.
The Construction Official, who is the officer who is authorized
by this chapter to exercise the powers prescribed.
[Amended 8-7-2005 by Ord. No. 2005-25; 7-27-2010 by Ord. No. 2010-10]
Whenever a petition is filed with the public
officer by a public authority, or by at least five residents of the
Township, charging that any building is unfit for human habitation,
occupancy or use, or whenever it appears to the public officer that
any building is unfit for human habitation, occupancy or use, 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 building a complaint stating
the charges and that a hearing will be held before the public officer
at a place therein fixed, not less than seven days nor more than 30
days after the serving of such complaint; that the owner and parties
in interest shall be given the right to file an answer to the complaint
with the public officer and to appear in person or otherwise and give
testimony at the place and time fixed in the complaint, and the rules
of evidence prevailing in the courts shall not be controlling in the
hearing before the public officer.
If the public officer shall determine, after
notice and hearing, that the building under consideration is unfit
for human habitation, occupancy or use, 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.
Requiring the repair, alteration and improvement of
the building to be made by the owner within a reasonable time, which
time shall be set forth in the order, or to vacate or have the building
vacated and closed within the time set forth in the order; and
B.
If the building is in such a condition 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 the time specified in the
order of removal.
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 public officer may cause such building
to be repaired, altered or improved, or to be vacated and closed,
provided that the public officer shall not incur any expenses to repair,
alter or improve any building without the approval, by resolution,
of the Township Council. The public officer 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, occupancy
or use; the use or occupancy of this building is prohibited and unlawful."
If the owner fails to comply with an order to
remove or demolish the building, the public officer, upon approval
of the Township Council, shall cause such building to be removed or
demolished, or shall contract for the removal or demolishing thereof,
after advertising for and receipt of bids therefor.
A.
The cost of filing legal papers, expert witness' fees,
search fees and advertising charges incurred in the course of any
proceeding taken under this chapter determined in favor of the Township,
and the cost of such repairs, alterations and 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 the
contract for the removal or demolition thereof, shall be a municipal
lien against the real property upon which such cost was incurred.
If any building is removed or demolished by the public officer, he
or she 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, the 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 costs and the amount due shall
be filed with the Tax Assessor and a copy thereof shall forthwith
be forwarded to the owner by registered mail. If the total of the
credits exceeds such cost, the balance remaining shall be deposited
in the Superior Court by the public officer, 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 final order or judgment of such court; provided, however,
that nothing in this chapter shall be construed to impair or limit
in any way the power of the Township to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise.
B.
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.
[Amended 8-7-2005 by Ord. No. 2005-25]
A building may be declared unfit for human habitation,
occupancy or use if it is determined that conditions exist in such
building which are dangerous or injurious to the health or safety
of the occupants, neighboring buildings or other residents of the
Township. The following shall be deemed as standards for such determination.
All buildings which have any one or more of the following defects
may be deemed "dangerous buildings" and unfit for human habitation,
occupancy or use:
A.
Those whose interior walls or other vertical structure
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle third of
its base.
B.
Those which, exclusive of the foundation, show 33%
or more of damage, or 50% of damage, disrepair or deterioration of
the outside wall or covering.
C.
Those which have improperly distributed loads upon
the floors or roofs, or in which the same are overloaded or which
have insufficient strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, winds or other
causes so as to have become dangerous to life, safety or general health
and welfare of the occupants or the people of the Township.
E.
Those which lack a supply of potable running water
within the dwelling unit.
F.
Those which have improper connections between plumbing
fixtures and the sanitary sewerage system of the Township, provided
that Township sewerage facilities are in existence.
G.
Those which do not have at least one flush toilet
for each dwelling unit, or, if present, is unfit for use.
H.
Those which lack permanent, safe and reasonably efficient
kitchen facilities within the dwelling unit, including sink.
I.
Those with electric wiring which does not conform
to Underwriters' standards.
J.
Those which lack substantially adequate and safe heating
facilities.
K.
Those having toilets for bathrooms without adequate
ventilation. All new construction must have windows for living room,
bedroom and kitchen.
L.
Those having inadequate facilities for egress in case
of fire or panic, or those having insufficient stairways, fire escapes
or other means of communication.
M.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
N.
Those which have become so dilapidated, decayed, unsafe
or unsanitary that they are unfit for human habitation, occupancy
or use, or by reason of structural deficiencies or continued dampness
or exposure brought about by neglect or dilapidation are likely to
cause sickness or disease or may reasonably be presumed to result
in injury to the health, safety or general welfare of those living
therein.
O.
Those buildings existing in violation of any of the
provisions of the Uniform Construction Code, Fire Safety Code or other
ordinances of the Township.
[Amended 8-7-2005 by Ord. No. 2005-25]
Complaints, notices or orders issued by the public officer pursuant to this chapter shall be served in the manner set forth in § 1-6C, Service of notice, of this Code. A copy of such complaint, notice or order shall be duly recorded in the office of the Clerk of Burlington County.
Any person aggrieved by an order issued by the
public officer shall be entitled to bring an action within 30 days
in the Superior Court for injunctive relief, in accordance with the
provisions of N.J.S.A. 40:48-2.8.
The public officer is hereby authorized 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
powers in addition to others herein granted:
A.
To investigate building conditions in the Township
in order to determine which buildings are unfit for human habitation
or use.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
Upon complaints, to enter upon premises for the purpose
of making examinations; provided that such entries shall be made in
such a manner as to cause the least possible inconvenience to the
person in possession.
[1]
Editor’s Note: Former § 100-13, Assistance
of Substandard Housing Committee in determining remedy orders, was
repealed 7-27-2010 by Ord. No. 2010-10.
The public officer shall delegate and fix the
duties of such officers, agents and employees as he or she deems necessary
to assist him or her in carrying out the purpose of this chapter,
subject to the confirmation, by resolution, of the Township Council,
and to delegate any of his or her functions and powers under this
chapter to such officers, agents and employees as he or she may designate.
[Added 8-7-2005 by Ord. No. 2005-25]
If an actual and immediate danger to life is
posed by the threatened collapse of any fire-damaged or other structurally
unsafe building, the public officer 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.
