[HISTORY: Adopted by the Township Council
of the Township of Evesham 2-3-1981 by Ord. No. 60-12-80. Amendments
noted where applicable.]
The Township Manager or his designee is hereby
designated as the public officer to exercise the powers prescribed
by this chapter.
For the purpose of this chapter, 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 or may become dangerous or injurious to the health or safety
of the occupants of such building, the occupants of neighboring buildings
or other residents of the Township of Evesham. Such conditions may
include the following, without limiting the generality of the foregoing:
[Added 5-4-1993 by Ord. No. 25-5-93]
Pursuant to the provisions of Chapter 21, Public
Law 1946 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing
Code (1980 Revision), as approved by the Department of Community Affairs
and filed in the Secretary of State's Office, is hereby accepted,
adopted and established as a standard to be used as a guide in determining
the fitness of a building for human habitation or occupancy or use.
A copy of the New Jersey State Housing Code (1980 Revision) is annexed
to this ordinance, and three copies of the same have been placed on
file in the office of the Township Clerk and are available to all
persons desiring to use and examine same.
Whenever a petition is filed with the public
officer or the Township Manager by a public authority, as defined
in N.J.S.A. 40:48-2.4, or by at least five residents of the municipality
charging that any building is unfit for human habitation or occupancy
or use as herein defined, or whenever it appears to the public officer,
on his own motion, that any building is unfit for human habitation
or occupancy or use, as herein defined, he 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.
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.
B.
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.
C.
The rules of evidence prevailing in courts of law
or equity shall not be controlling in the hearings.
If, after such notice and hearing, the public
officer determines that the building under consideration is unfit
for human habitation or occupancy or use, as herein defined, 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 requiring that:
A.
The repair, alteration or improvement of the said
building 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 the building vacated and closed within the time set
forth in the order.
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,
and the owner fails to repair, alter or improve the said building
within the time specified in the order, then the owner shall be required
to remove or demolish the said building within a reasonable time as
specified in the said order of removal.
C.
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 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."
D.
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 for and receipt of bids therefor.
E.
The amount of:
(1)
The cost of 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 municipality; and
(2)
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
cost of clearing 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 Municipal Tax Assessor or other custodian
of the records of tax liens, and a copy thereof shall be forthwith
forwarded to the owner by registered 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 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.
F.
If any actual and immediate danger to life is imposed
by the threatened collapse of any fire-damaged or 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.
G.
Nothing in this section shall be construed to impair
or limit in any way the power of the Township to define and declare
nuisances to cause their removal or abatement, by summary proceedings
or otherwise, nor is anything in this chapter intended to limit the
authority of the Construction Code Official under the State Uniform
Construction Code Act (N.J.S.A. 52:27D-119 et seq.) or any rules or
regulations adopted thereunder.
Complaints or orders issued by the public officer
pursuant to this chapter 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 said 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 in a newspaper printed
and published in the County of Burlington and circulated in the Township.
A copy of such complaint or order shall be posted in a conspicuous
place on premises affected by the complaint or order, and a copy of
such complaint or order shall be duly recorded or lodged for record
with the county recording officer of Burlington County.
[Added 9-16-2014 by Ord.
No. 27-9-2014]
Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this chapter, Chapter 41 of the Code of the Township of Evesham, pursuant to the provisions of N.J.S.A. 2A:50-73, or otherwise.
[Added 9-16-2014 by Ord.
No. 27-9-2014]
If the public officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this chapter or Chapter 41 of this Code, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
[Added 9-16-2014 by Ord.
No. 27-9-2014]
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to Subsection
a(1) of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court
of competent jurisdiction to have violated this provision shall be
subject to a fine of $2,500 for each day of the violation commencing
on the day after the ten-day period set forth in Subsection a(1) of
N.J.S.A. 46:10B-51 with respect to notifying the Municipal Clerk that
an action to foreclose on the property has been filed.
Any person aggrieved by an order issued by a
public officer under this chapter may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the public officer from carrying out the provisions of the
order and for any other appropriate relief. The court may proceed
in the action in a summary manner or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action
taken pursuant thereto or because of noncompliance by any person with
any order of the public officer.
The public officer is hereby authorized and
empowered 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, in addition to others herein granted:
A.
To investigate the conditions of buildings in the
Township of Evesham in order to determine which buildings therein
are unfit for human habitation.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
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.
Nothing in this chapter shall be construed to
abrogate or impair the power of the Township or any officer or department
to enforce any provisions of its Charter, or its ordinances or regulations,
nor to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred upon the Township by any other law or ordinance.
In the event any building or structure is removed
or demolished pursuant to this chapter because it is found to be dangerous
to human life or the public welfare or because it constitutes a fire
hazard, the Township Council, in addition to assessing the cost of
such removal or demolition as a municipal lien against the premises,
may enforce the payment of such assessment, together with interest,
as a debt of the owner of the premises and may authorize the institution
of an action at law for the collection thereof. The Superior Court
or the Burlington County District Court shall have jurisdiction over
any such action.
[Added 5-4-1993 by Ord. No. 25-5-93[1]]
A.
No person shall occupy as owner occupant or rent to
another for occupancy any dwelling or dwelling unit for the purpose
of living therein which does not conform to the provisions of the
New Jersey State Housing Code (1980 Revision) established herein,
which shall also be utilized as a standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation
and rental.
B.
The public officer is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Township of Evesham
in order that he may perform the duty of safeguarding the health and
safety of the occupants of the dwellings and of the general public.
For purpose of making such inspections, the public officer is hereby
authorized to enter and examine and survey at all reasonable times
all dwellings, dwelling units, rooming units and premises.
C.
Whenever the public officer determines that there
are reasonable grounds that there has been a violation of any provision
of the New Jersey State Housing Code, he shall give notice of such
alleged violation to the person or persons responsible therefor setting
forth in detail a statement of the reasons and a reasonable time for
the correction of the condition. Service of the notice shall be either
made personally upon the owner or agent or by a copy thereof being
sent by certified mail to his last known address or by any other method
authorized or required by the laws of the State of New Jersey. Any
person affected by any notice may request a hearing from the Township
Manager and shall be granted the same within 15 days of request, provided
that a written petition requesting the hearing and setting forth a
brief statement of the grounds shall be served on the public officer
and filed with the Office of the Township Manager. The hearing shall
be within 30 days of the date of the receipt of the request. At the
hearing, the petitioner shall be given opportunity to be heard and
to show why the notice should be modified or withdrawn. The Township
Manager, after the hearing, shall sustain, modify or withdraw the
notice, in writing.
[Amended 9-16-2014 by Ord. No. 27-9-2014]
Except as set forth in § 58-5.3 and herein, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code. A creditor required to care, maintain, secure and keep up a property under this chapter cited in a notices issued pursuant to § 58-5.2 shall be subject to a fine of $1,500 for each day of the violation.
