[HISTORY: Adopted by the Township Committee of the Township
of Weymouth 12-29-1980 by Ord. No. 243-80 as Ch. VIII, Sec. 8-5,
of the 1980 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 110.
Any building, wall or structure which is or may become dangerous
to life or health, or which might tend to extend a conflagration,
shall be removed or destroyed and the cost thereof be assessed as
a municipal lien against said premises.
The Construction Code Official of the Township shall be the
officer whose duty it shall be to file a written complaint with the
Township Committee concerning any building, wall or structure in the
Township which is or may become dangerous to life or health, or which
might tend to extend a conflagration.
Before any proceeding is taken pursuant to the provisions hereof
and pursuant to the complaint of the Construction Code Official, the
Township Committee shall by resolution cause notice of the contemplated
removal or destruction of any such building, wall or structure, to
be given to the owner or owners of any land affected thereby; such
notice shall contain a description of the property affected, sufficiently
definite in terms to identify the same as well as a description of
the manner in which such removal or destruction is to be carried out,
and a notice that unless such building, wall or structure is removed
or destroyed within 30 days after the service of such notice, that
the Township will proceed with such removal or destruction or cause
the same to be proceeded with pursuant to the authority of Chapter
152, P.L. New Jersey 1917, Page 319, Article 14, Subsection (q), as
amended by Chapter 87, P.L. New Jersey 1932, Page 151.[1] Such notice may be served upon the owner or owners resident
in the Township of Weymouth, in person, or by leaving the same at
their usual place of residence with a member of their family above
the age of 14 years; in case of any such owner shall not reside in
the Township, notice may be served upon him personally, or mailed
to his last known post office address, or it may be served upon the
occupant of the property or upon the agent of the owner in charge
thereof; in case the owner of any such property is unknown or service
cannot for any reason be made as above directed, notice thereof shall
be published at least once, not less than 30 days before the proposed
removal or destruction, in a newspaper circulating the Township, there
may be inserted in the advertisement notice to the owner or owners
of several different parcels of land. Notice to infant owners or owner
or owners of unsound mind shall be served upon their guardians. Where
lands are held in trust, service shall be made upon the trustee. Where
lands are held by two or more joint tenants, tenants in common or
tenants by the entirety, service upon one of such owners shall be
sufficient and shall be deemed and taken as notice to all. Proof of
service of such notice shall be filed within 10 days thereafter with
the officer having charge of the record of tax liens in such Township,
but failure to file the same shall not invalidate the proceedings
if such service has actually been made as herein provided.
[1]
Editor's Note: See N.J.S.A. 40:48-1 et seq.
When any such removal or destruction shall have been undertaken
and completed by the Township, an accurate account of the cost and
expense thereof shall be kept, and a true statement under oath or
affirmation shall be filed by the officer of the Township in charge
of such removal or destruction with the Township Clerk. The Township
Committee shall examine the same and, if the same is properly made,
shall confirm it and file such report with the Township Clerk, who
shall record the same in a book to be kept for that purpose. Any such
assessment shall be made on notice by the Assessor in the same manner
as other improvement assessments are now made.
The Construction Code Official is hereby designated as the officer
charged with the supervision of the removal or destruction of any
building, wall or structure which is or may become dangerous to life
or health, or which might tend to extend a conflagration.
Any owner or owners, occupant or other person having any lien
or claim upon the premises on which is situated any such building,
wall or structure desiring to contest the right of the Township to
remove or destroy any such building, wall or structure because he
or she contends it is not or may not become dangerous to life or health,
or might not tend to extend a conflagration, may file a written protest
against such contemplated removal or destruction with the Township
Clerk before the time has expired in the notice as hereinabove provided,
setting forth his objection and his post office address, in which
case the Township Clerk shall present the matter to the Township Committee
and to the Construction Code Official of the Township and the Township
Committee shall thereafter on not more than 10 days' written
notice, mailed by the Township Clerk to such person's post office
address designated in the written objection, fix a time and place
for the hearing of the objection, and after the hearing the Township
Committee shall either pass a resolution to proceed with the destruction
or removal of any such building, wall or structure or a resolution
discontinuing such proceedings, and if the Township Committee by their
resolution have ordered the removal or destruction of any such building,
wall or structure which is or may become dangerous to life or health,
or which might tend to extend a conflagration, the Construction Code
Official upon the expiration of the time prescribed in the original
notice hereinabove provided shall proceed forthwith with the removal
or destruction of the same.
