[HISTORY: Adopted by the Township Committee of the Township of Franklin 2-28-1966.
Sections 51-4, 51-5, 51-8, 51-9 and 51-11 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
It is hereby found and declared that the existence or occupation of
any building or buildings or parts thereof in the Township of Franklin which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy or
use are inimical to the welfare and dangerous and injurious to the health
and safety of the people of the Township of Franklin and that a public necessity
exists for the repair, closing or demolition of such building or buildings
or part thereof.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building or structure or part thereof, whether used for human
habitation or otherwise, and includes any accessory buildings, structures
and appurtenances belonging thereto or usually enjoyed therewith.
The Township Committee of the Township of Franklin.
The holder or holders of the title in fee simple.
All individuals, associations or corporations who have interests
of record in a building and any who are in actual possession thereof.
The officer who is authorized under this chapter to exercise the
powers set forth under this chapter.
Whenever the public officer of the Township of Franklin designated herein
finds that there exists in the Township of Franklin any building or buildings
which are unfit for human habitation or occupancy or use due to dilapidation,
defects increasing the hazards of fire accidents or other calamities, lack
of ventilation, light or sanitation facilities or due to other conditions
rendering such building or buildings or part thereof unsafe or unsanitary
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Township of Franklin, the officer designated
shall exercise the power vested under this chapter and under its police powers
to repair, close or demolish or cause the repair, closing or demolition of
such building or buildings or part thereof in the manner provided.
The Township Committee hereby designates and appoints the Health Officer
and Construction Code Official as the public officer to exercise the powers
set forth in this chapter. The Township Committee may, by resolution, designate
any other person or persons to act in the place of the Health Officer and
Construction Code Official.
Whenever a petition is filed with said public officer by the Health
Officer, Health Inspector, Fire Chief, Building Inspector or any other officer
in charge of any department of the municipality relating to health, fire,
building regulations or activities concerning buildings in the Township of
Franklin or by at least five residents of the Township of Franklin, charging
that any building is unfit for human habitation or occupancy or use or whenever
it appears to the public officer that any building is unfit for human habitation
or occupancy or use, the public officer 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 public officer or his 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 the courts shall not be controlling in hearings before the public
officer.
If, after notice and hearing, said public officer determines that the
building under consideration is unfit for human habitation or occupancy or
use, he shall state, in writing, the 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 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 have
said building vacated and closed within the time set forth in the order; and
B.
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, then the owner shall be required to remove or demolish said
building within the reasonable time specified in the order of removal.
If the owner shall fail to comply with the 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 a building to be repaired, altered or improved
or to be vacated and closed, and 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 or occupancy or use; the
use or occupation 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 may cause such building to be removed or demolished
or may contract for the removal or demolition thereof after advertisement
and receipt of bids therefor.
A.
The amount of the cost of the filing of legal papers,
expert witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this chapter determined in favor
of the Township, and such cost of such repairs, alterations or 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 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 public officer, he 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, 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 aforesaid costs and the amount so due shall be filed with
the Tax Assessor or other custodian of the records of tax liens, and a copy
thereof shall be forthwith forwarded to the owner by certified and regular
mail. If the total of the credits exceed such costs, 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. 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.
B.
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.
C.
Nothing in this section 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,
nor is anything in this chapter intended to limit the authority of the enforcing
agency or construction official under the State Uniform Construction Code
Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules or regulations
adopted thereunder.
The public officer may determine that a building is unfit for human
habitation or occupancy or use 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 such municipality. Such conditions may include the following: defects therein
increasing the hazards of fire, accident or other calamities; lack of adequate
ventilation, light or sanitary facilities; dilapidation; disrepair; structural
defects; uncleanliness; and failure to have included in said building running
water or inside toilet facilities.
A complaint or order issued by a public officer pursuant to this chapter
shall be served upon persons either personally or by certified and regular
mail, but if the whereabouts of such persons is unknown and the name 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 shall be made by publishing the
same once in a newspaper printed and published in the County of Warren. 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 for record with the Clerk of Warren County.
The public officer or other official designated under this chapter may
exercise such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including but not limited to
the following powers in addition to the others herein granted:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B.
To administer oaths and 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.
D.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
