[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 12-17-1973 by Ord. No. 1973-19 as part of Ch. XII
of the 1973 Code. Amendments noted where applicable.]
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 outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
[Added 6-16-1997 by Ord. No. 1997-12[1]]
The holder of the title in fee simple.
All persons 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.
[1]
Editor's Note: This ordinance also repealed
the former definition of "dwelling."
[Amended 8-21-1989 by Ord. No. 1989-11]
The Burlington County Health Department is designated
and appointed to exercise the powers prescribed by this chapter and
is hereinafter referred to as the "public officer."
[Amended 6-16-1997 by Ord. No. 1997-12]
Any building in the township is hereby declared
to be unfit for human habitation or occupancy or use if conditions
exist which render 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 occupants of the building,
occupants of neighboring buildings and/or other residents of the township,
including without limitation the generability of the foregoing, defects
increasing the hazards of fire, accidents or other calamities, lack
of adequate ventilation, light or sanitary facilities, dilapidation,
disrepair or structural defects or 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.
[Amended 8-3-1992 by Ord. No. 1992-6; 6-16-1997 by Ord. No.
1997-12]
Whenever a petition is filed with the public
officer by a public authority or by not less than five residents of
the township charging that any building within the township is unfit
for human habitation or occupancy or use, the public officer shall
make a preliminary investigation of the charges. If the preliminary
investigation of the charges discloses a basis therefor or if any
investigation of his own furnishes such a basis, he shall 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 at
a place therein fixed not less than seven days nor more than 30 days
after serving of the complaint.
The owner and parties-in-interest shall have
the right to file an answer to the complaint and to appear in person
or by attorney and give testimony at the place and time fixed for
a hearing in the notice.
A.
At the time and place stated in the notice or at such
time and place to which the hearing may be adjourned from time to
time, the public officer shall hold a hearing at which complainants,
if any, the owner and parties-in-interest and witnesses shall be heard
and at which the public officer shall publicly state the results of
his investigation.
B.
The rules of evidence prevailing in courts of law
or equity shall not be controlling in hearings before the public officer.
[Amended 6-16-1997 by Ord. No. 1997-12]
If after such notice and hearing the public
officer determines that the building under consideration is unfit
for human habitation, occupancy or use, he shall state, in writing,
his determination and his findings of fact in support thereof and
shall issue an order to be served upon the owner of and parties in
interest in the building. The order shall require that:
A.
If the repair, alteration or improvement of the building
can be made at a reasonable cost in relation to the value of the building
(the Township Committee may, by ordinance, affix a certain percentage
of such cost as being reasonable to such purpose), the owner, to the
extent and within the terms specified in the order, shall repair,
alter or improve the building to render it fit for human habitation
or occupancy or use.
B.
If the repair, alteration or improvement of the building
cannot be made at a reasonable cost in relation to the value of the
building (the Township Committee may, by ordinance, affix a certain
percentage of such cost as being reasonable for such purpose), the
owner, within the time specified in the order, shall remove or demolish
the building.
[Amended 6-16-1997 by Ord. No. 1997-12]
A.
If the owner fails to comply with an order issued by the public officer under § 109-7A, the public officer may close the building to be repaired, altered or improved or to be vacated and closed. The public officer may also cause to be posted on the main entrance of any building used for human habitation so closed a packet 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."
B.
If the owner fails to comply with an order to remove
or demolish the building, the officer may cause the building to be
removed or demolished.
A.
The following costs shall be a municipal lien against
the real property for which such cost was incurred:
[Amended 2-2-1998 by Ord. No. 1998-6]
(1)
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 of the Code of the Township
of Lumberton determined in favor of the township.
(2)
Such costs of repairs, alterations or improvements,
vacating and closing or removal or demolition.
B.
If the building is removed or demolished by the public
officer, he shall sell the materials of the building and shall credit
the proceeds of any such sale against the cost of removal or demolition.
Any balance remaining shall be deposited in the Chancery Division
of the Superior Court by the public officer, secured in such manner
as may be directed by the Court and disbursed by the Court to the
persons found to be entitled thereto by final order or decree of the
Court.
[Amended 6-16-1997 by Ord. No. 1997-12]
In addition to the powers in this chapter granted
to the public officer, he shall have the power to:
A.
Investigate the building conditions in the township
in order to determine which buildings are unfit for human habitation
or occupancy or use.
[Amended 6-16-1997 by Ord. No. 1997-12]
B.
Administer oaths, affirmations, examine witnesses
and receive evidence.
C.
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.
Appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this
chapter.
The failure, neglect or refusal of any person
to comply with any order made by the public officer pursuant to the
provisions of this chapter or the hindrance by any person of the public
officer in making any investigation under this chapter shall constitute
a violation of this chapter.
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.
[Added 8-3-1992 by Ord. No. 1992-6;
amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
[Added 8-3-1992 by Ord. No. 1992-6]
In addition to the penalties imposed by § 109-13, the township may institute and maintain a civil action for injunctive relief.
