[HISTORY: Adopted by the Township Committee
of the Township of Pennsauken 3-13-1978 by Ord. No. 78-3 as Ch. 112 of the 1977
Code; amended in its entirety 12-30-2002 by Ord. No. 02-32. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 111.
Uniform construction codes — See Ch. 133.
Fire prevention — See Ch. 162.
Housing standards — See Ch. 184.
Property maintenance — See Ch. 243.
Solid waste — See Ch. 269.
Public health nuisances — See Ch. 327.
Sanitary standards — See Ch. 333.
Weeds — See Ch. 349.
Whenever a petition is filed with the public
officer by a public authority or by at least five residents of the
Township of Pennsauken charging that any building is unfit for human
habitation or occupancy or use or whenever it appears to the public
officer (on his or her own motion) that any building is unfit for
human habitation or occupancy or use, the public officer shall, if
a preliminary investigation discloses the basis for such charges,
issue and cause to be served upon the owner of and parties in interest
in the building a complaint, stating the charges in that respect,
containing a notice that a hearing will be held before the public
officer, fixed not less than seven days or more than 30 days after
the serving of said complaint; that the owner and parties in interest
shall be given a 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 court shall not be controlling in hearings before the public
officer.
If, after such notice and hearing, the public
officer determines that the building under consideration is unfit
for human habitation or occupancy or use, the officer shall state
in writing his or her 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 be made by the owner within a reasonable time, which
time shall be set forth in the order by 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 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 as specified
in said order of removal.
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 such building
to be repaired, altered or improved or to be vacated and closed; the
public officer may cause to be posted on the main entrance of the
main 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."
A.
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 further removal or demolition
thereof after advertisement for and receipt of bids therefor.
B.
Any building or buildings, or parts thereof, which
have been damaged to such an extent that nothing remains but the walls,
or parts of the walls and other supports, shall, regardless of the
safety and sturdiness of those remaining walls or parts thereof, be
deemed inimical to the welfare of the residents of the Township and
the Township may exercise its police powers to repair, demolish, or
cause the repairing or demolishing of the building or buildings, or
parts thereof, pursuant to the procedures set forth in this chapter.
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 costs of such repairs, alterations
or improvement 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 the 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.
B.
If the building is removed or demolished by the public
officer, he or she 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 the sum total of such costs exceeds the total of
such credits, a detailed statement of the aforesaid costs and the
amounts so due shall be fixed with the Municipal Tax Assessor or the
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 in 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 of judgment of such Court.
C.
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 a municipal
lien certificate.
D.
Any action taken using revenues derived from the local
property tax shall be taken only after advertisement for, and receipt
of, bids therefor, pursuant to the provisions of the Local Public
Contracts Law (N.J.S.A. 40A:11-1 et seq.), unless the action is necessary
to prevent imminent danger to life, limb or property.
If an actual and immediate danger to life is
posed by the threat of 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.
Nothing in this chapter 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 and 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, P.L. 1975, c.
217 (N.J.S.A. 52:27d-119 et seq.) or any rules or regulations adopted
thereunder.[1]
[Added 5-10-2006 by Ord. No. 06-09[1]]
A.
SINGLE-FAMILY HOUSE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes all dwellings constructed for the single-family use and embraces all structures within such use, as well as a two-family detached dwelling (a duplex). "Single-family house" shall include those defined in § 141-73 of the Development Regulations of Pennsauken Township and include a dwelling, whether a rowhouse, single-family detached, single-family semidetached and townhouse (where held under independent ownership).
B.
Inspections required.
(1)
It shall be the obligation of the personnel of the
Construction Official's office, together with the Administrative Officer,
Building Department, of that office, to maintain ongoing and continuing
inspections with respect to single-family residential properties within
the Township of Pennsauken for certain violations of the Property
Maintenance Code.[2] Upon inspection of such properties, without entering same,
said personnel shall cite, where appropriate, such lands and premises
for violations of said code. Such violations shall be recorded on
a standardized inspection sheet prepared by the Building Department.
(2)
Inspections; fees.
[Amended 1-12-2011 by Ord. No. 2010:34]
(a)
It is hereby determined that a housing code inspection of the interior
and exterior of a property shall be required prior to the sale and/or
resale of one- and/or two-family dwellings within the boundaries of
the Township of Pennsauken. These inspections shall be to determine
if work requiring a permit has been completed without prior approvals,
an illegal change from a single-family to a two-family dwelling has
taken place, unsafe plumbing and/or electrical systems exist, unsafe
means of egress exist, or other visible unsafe conditions are present
on the property. Further, any repairs and/or permits deemed necessary
by an officer of the Building Department shall be completed within
30 days unless prior approvals from an officer have been given.
(b)
A fee of $100 shall be paid to the Office of the Building Department
upon receipt of a request for a housing code inspection. Such fees
shall be paid to the Building Department for the initial and one reinspection.
Any additional inspection or a reinspection call for 13 days or less
from the date of settlement shall follow the fee schedule as listed
below:
C.
If any violations are detected, as provided for in Subsection B above, then the Administrative Officer, Building Department, shall notify the property owner of such violations. Such notice shall be in writing and specify the violations detected and recorded. The owner or occupant shall be provided with a period of time from the date of the notice to either correct the deficiencies, said corrections to be in compliance with the standards of the Property Maintenance Code as adopted by ordinance by the Township of Pennsauken.
D.
Any owner or occupant of property who violates this
section shall be subject to a fine of not more than $ 1,250 or 45
days' incarceration, or both.
[Added 3-27-2013 by Ord. No. 2013:03[1]]
Insurance companies are prohibited from paying any claim to
a claimant in excess of $2,500 for fire damages on any real property
located within the Township of Pennsauken until such time as anticipated
demolition cost or all taxes and assessments and all other municipal
liens or charges due and payable, appearing on a official certificate
of search; or all taxes and assessments and other municipal liens
or charges due and payable, appearing on the official certificate
of search, shall have been paid either by the owner of such real property
or by the insurance company pursuant to the provision of N.J.S.A.
17:36-10.
[Added 3-27-2013 by Ord. No. 2013:03]
The Township Tax Collector shall issue an official certificate
of search for municipal liens in accordance with N.J.S.A. 54:5-12
when requested by an insured person or insurance companies certifying
any and all amounts due and payable or paid in accordance with N.J.S.A.
17:36-8.
[Added 3-27-2013 by Ord. No. 2013:03]
The provisions of N.J.S.A. 17:36-9 through 17:36-13 are hereby
adopted and are intended to be included in this article adopted by
the Township Committee of the Township of Pennsauken, County of Camden.
[Added 3-27-2013 by Ord. No. 2013:03]
A copy of this article shall be filed by the Township Clerk
to the Commissioner of Insurance and the New Jersey State Department
of Insurance, P.O. Box 325, Trenton, New Jersey 08625, for inclusion
in the New Jersey register in accordance with the statute.
For purposes of this chapter, the public official
shall be the Construction Official.
