[HISTORY: Adopted by the Township Committee
of the Township of Hanover as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-28-1943]
No building, wall or structure which is or may
become dangerous to life or health or which might tend to extend a
conflagration shall be allowed to remain on any land in the Township
of Hanover, and every such building, wall or structure shall be removed
or destroyed by the owner or owners of the land and premises affected
thereby and upon which said building, wall or structure may be located.
[Amended 7-11-1991 by Ord. No. 16-91]
This article is passed by authority and in pursuance of N.J.S.A. 40:48-1, its amendments and supplements. If any such building, wall or structure mentioned in § 94-1 hereof is not so removed by the owner or owners of the land and premises upon which said building, wall or structure may be, the Township of Hanover may proceed with such removal and destruction or cause the same to be proceeded with, pursuant to the authority of and in the manner and by giving such notices as may be prescribed by said statute. In the event that such removal or destruction of said building, wall or structure shall have been undertaken and completed by the Township Committee of the Township of Hanover, a true statement, under oath, of the cost thereof shall be made, filed, examined, confirmed and recorded, as provided by said statute, and the cost of such removal or destruction shall be assessed as a municipal lien against said land and premises and shall be payable and collected in the same manner as other municipal liens are payable and collected.
It is hereby made the duty of the Building Inspector
to report to the governing body any building, wall or structure situated
in the Township of Hanover which is or may become dangerous to life
or health or which might tend to extend a conflagration. The governing
body may act on said report and give notice to the owner or owners
of its intention to determine the condition of the building, wall
or structure and whether the same should be removed or destroyed in
accordance with said statute. In the event that the governing body
does so determine that said building, wall or structure should be
removed or destroyed, it shall cause notice, in the form and served
as prescribed in said statute, to be given to the owner or owners
of the land affected thereby of its determination and that, unless
such building, wall or structure is removed or destroyed by the owner
or owners within 30 days after the service of said notice, as prescribed
by the statute, the Township Committee of the Township of Hanover
will proceed with such removal or destruction of such building, wall
or other structure or cause the same to be proceeded with, pursuant
to the authority of said statute and this article.
[Adopted 4-10-1958 by Ord. No. 4-58]
The following terms, whenever used or referred
to in this article, shall have the following respective meanings for
the purposes hereof unless a different meaning clearly appears from
the context:
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.
The Director of Rehabilitation appointed hereinafter, who
shall be charged with the enforcement of this article.
The Township Committee of the Township of Hanover.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building, and any who are in actual possession thereof.
Any housing authority or any official who is in charge of
any department or branch of the government of the Township of Hanover
relating to health, fire, building regulations or to other activities
concerning buildings in the Township of Hanover.
Whenever it shall be found that there exists
in the Township of Hanover buildings which are unfit for human habitation
or occupancy or use due to dilapidation; disrepair; structural defects
increasing the hazards of fire, accidents or other calamities; or
lack of adequate ventilation, light or sanitary facilities, or due
to other conditions rendering such buildings unsafe or unsanitary
and dangerous or detrimental to the health or safety or otherwise
inimical to the welfare of the residents, upon the filing of a petition
by a public authority; or by at least five residents of the Township
of Hanover, charging that any building is unfit for human habitation
or occupancy or use, or if it shall appear to the Director (on his
own motion) that any building is unfit for human habitation or occupancy
or use, said Director shall make a preliminary investigation or cause
such preliminary investigation to be made concerning the basis for
such charges.
A.
Buildings shall be considered unfit for human habitation or occupancy or use, within the meaning of § 94-5 hereof, when one or more of the following conditions are found to exist:
(1)
Condition of structure. The condition of the structure
is such as to make it unsafe or unsanitary through the presence of
serious safety hazards resulting from the need for major repairs to
the roof, walls, ceilings, floors, or stairs or through the presence
of serious health hazards resulting from continuous dampness or exposure
brought about by neglect or dilapidation.
(2)
Water supply. Lack of potable running water within
each dwelling or lack of hot-water facilities available to each dwelling.
(3)
Sewerage system. No connection between plumbing fixtures
and an adequate sewage disposal system.
(4)
Toilet facilities. No flush toilet fit for use in
each building.
(5)
Bath facilities. No bathtub or shower fit for use
in each dwelling.
(6)
Kitchen facilities. Lack of permanent, safe and reasonably
efficient kitchen facilities within each dwelling unit, including
a sink with running water and provisions for a cooking stove.
(7)
Lighting facilities. Building inadequately wired for
electricity.
(8)
Heating facilities. Heating facilities inadequate
or unsafe.
(9)
Light and ventilation. Living room, bedroom or kitchen
with no windows or with windows opening on an airshaft, or toilet
or bathroom without adequate ventilation.
If a preliminary investigation shall disclose
to said Director a basis for the charges filed, 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. Said complaint
shall also contain a notice that a hearing will be held before him,
at a place therein fixed, not less than 10 days nor more than 30 days
after the serving of said complaint.
The owner and parties in interest shall have
the right to file an answer to the complaint and to appear, in person,
by counsel or otherwise, and give testimony at the time and place
fixed in the complaint.
The rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the Director.
The Director may determine that a building is unfit for human habitation, 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 or such building, the occupants of neighboring buildings or other residents of the Township of Hanover; such conditions may include, without limiting the generality of the foregoing, defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; and the conditions set forth in §§ 94-5 and 94-6 of this chapter.
When, after such notice and hearing, the Director
determines that the building under consideration is unfit for human
habitation, occupancy or use, 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 the parties in interest an
order requiring the repair, alteration or improvement of said building
to be made by the owner within a reasonable time, which shall in no
event exceed 90 days from the order, 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.
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 said building within the time specified
in the order, then the owner shall be required to remove or demolish
said building within a reasonable time, to be specified in said order.
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 Director may cause such building to be
repaired, altered or improved or to be vacated and closed. The Director
shall 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 occupancy of this building
is prohibited and unlawful."
If the owner fails to comply with an order to
remove or demolish the building, the Director may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement and after receipt of bids therefor.
The amount of the cost of such repairs, alterations
or vacating and closing, or removal or demolition, when done by the
Director, shall be a municipal lien against the real property upon
which such cost was incurred. If the building is removed or demolished
by the Director, he shall sell the materials of such building and
shall credit the proceeds of such as against the cost of the removal
or demolition, and any balance remaining shall be deposited in the
Superior Court of New Jersey, Chancery Division, by the Director,
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.
Complaints or orders issued by the Director,
pursuant to this article, shall be served upon persons either personally
or by registered mail, but, if the whereabouts of such persons are
unknown and the same cannot be ascertained by the Director in the
exercise of reasonable diligence and the Director 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 the Township
of Hanover. A copy of such complaint or order shall be posted in a
conspicuous place on the premises affected by the complaint or order.
A copy of such complaint or order shall be duly recorded or lodged
for record with the County Clerk of Morris County.
Any person affected by an order issued by the
Director may petition the Chancery Division, Superior Court, for relief
in accordance with P.L. 1942, c. 112, N.J.S.A. 40:48-2.3 et seq.
The remedies herein provided shall be exclusive
remedies, and no person affected by an order of the Director shall
be entitled to recover any damage for action taken pursuant to any
order of the Director or because of noncompliance by such person with
any order of the Director.
In addition to the powers herein granted to
the Director, he shall also have the following powers:
A.
To investigate the building conditions in the Township
of Hanover in order to determine which buildings therein are unfit
for human habitation, 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.
Nothing in this article shall be construed to
abrogate or impair the powers of the Court or of any department to
enforce any provisions of its charter or its ordinances or regulations,
or to prevent or punish violations thereof, and the powers conferred
by this article shall be in addition and supplemental to the powers
conferred by any other law or ordinance.
For the enforcement of the provisions of this
article, the office of Rehabilitation Director is hereby created,
and appointment to the office shall be by the Township Committee of
the Township of Hanover for such term or terms and with such compensation
as they may fix.
Every building which shall have been damaged
by fire or other cause so as to be dangerous by reason of the bad
condition of walls, floors, construction or otherwise shall be held
to be unsafe, and the Director, besides proceeding as hereinabove
provided, shall also fix a notice of the dangerous character of the
structure to a conspicuous place on the exterior of the building.
A.
Any person convicted of a violation of any of the
provisions hereof by unlawfully removing any notice affixed to any
building or by refusing to vacate any building, structure or premises,
or part thereof, when lawfully ordered to vacate the same shall, upon
conviction, be punished by a fine not to exceed $1,000 or be imprisoned
in the county jail for a period not to exceed 90 days, or both, at
the discretion of the Judge before whom such conviction is had.
[Amended 7-11-1991 by Ord. No. 16-91]
B.
The imposition of the fine or imprisonment for a violation
of this article shall not be construed as in any manner affecting
the enforcement of the other provisions hereof.
