The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes of this chapter, unless
a different meaning clearly appears from the context:
BUILDING
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.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC OFFICER
The Construction Code Official or Deputy Construction Code Official
or any other officer authorized by the Council to exercise the powers prescribed
by this chapter.
The Construction Code Official or Deputy Construction Code Official
of the Township of Lopatcong is hereby designated as the officer to exercise
the powers prescribed by this chapter, subject to the authority of the Township
Council, and he shall serve in such capacity without any additional salary.
For the purposes of this chapter, the Construction Code Official or
the Deputy Construction Code Official may determine that a building is unfit
for human habitation if he finds that conditions exist in such building which
are dangerous to 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 Lopatcong. Such conditions may include the following without
limiting the generality of the foregoing: defects therein which increase the
hazards of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation, disrepair, structural defects;
or uncleanliness.
Pursuant to N.J.S.A. 40:49-5.1, the building code ordinances, fire prevention
code ordinances and health ordinances and the rules and regulations issued
thereunder, along with the Uniform Construction Code of the State of New Jersey, are adopted by the Township of Lopatcong as establishing standards
to be used as a guide in determining the fitness of a building for human habitation,
occupancy or use. Copies of the foregoing are 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 Construction Code Official or
his Deputy by a public authority, as defined in N.J.S.A. 40:48-2.4, or by
at least five (5) residents of the municipality charging that any building
is unfit for human habitation, as herein defined, or whenever it appears to
the Construction Code Official or his Deputy, on his own motion, that any
building is unfit for human habitation, as herein defined, he shall, if his
preliminary investigation discloses a basis for such charge, issue and cause
to be served upon the owner 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 at a designated time and place, not less than seven (7) days
nor more than thirty (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 by their attorney and give testimony
at the time and place fixed in the complaint and that the rules of evidence
prevailing in courts of law and equity shall not be controlling in such hearings.
The Construction Code Official or his Deputy 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 building conditions in the Township
of Lopatcong in order to determine which buildings therein are unfit for human
habitation.
B. To enter upon premises for the purpose of making an examination,
provided that such entries shall be made in such a manner as to cause the
least possible inconvenience to the persons in possession.
C. To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building, the Construction
Code Official 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.
Any violation of this chapter shall, upon conviction, be punishable
by a fine not exceeding one thousand dollars ($1,000.), imprisonment for a
term not exceeding ninety (90) days or a period of community service not exceeding
ninety (90) days, or any combination thereof.