[Adopted 12-29-1980 by Ord. No. 243-80 as Ch. VIII, Sec. 8-4,
of the 1980 Revised General Ordinances]
Resolution No. 24, adopted by Weymouth Township on June 5, 1974,
did declare and find that there exist in the Township dwellings and
buildings which are unsafe and unfit for human habitation due to dilapidation,
defects increasing hazards of fire, accident or other calamities,
lack of ventilation, light or sanitary facilities, and other conditions
rendering such dwellings and buildings unsafe or unsanitary or dangerous
or detrimental to the health or safety of and inimical to the welfare
of the residents of the Township; that it is necessary and vital to
the health and welfare of the residents of the Township that appropriate
action be taken by the governing body to eliminate, remove and correct
such conditions.
The Township, in pursuance of the resolution hereinabove set
forth as the preamble to this section, desires to exercise the powers
set forth in N.J.S.A. 40:48-2.3 et seq., in reference to the same.
As used in this article, the following terms shall have the
meanings indicated:
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 Township Committee of Weymouth Township charged with
governing the municipality.
Holder of the title in fee simple.
Individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
The officer or officers who are authorized by this section
to exercise the powers prescribed by this article.
The Chairman of the Board of Health shall be and he is hereby
designated as the public officer to exercise the powers prescribed
by this article. He shall cooperate with the Construction Code Official
and shall be directly responsible to the Township Committee in the
exercise of these powers.
[Amended 6-19-1996 by Ord. No. 344-96]
Whenever a petition is filed with the public officer by at least
five residents of the Township, charging that any building is unfit
for human habitation or occupancy or use, or whenever it appears to
the public officer (on his own motion) that any building is unfit
for human habitation or occupancy or use, the public officer 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 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 the 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 otherwise
and to give testimony at the place and time fixed in the complaint;
and that the rules of evidence prevailing in the courts shall not
be controlling in hearings before the public officer.
A.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or 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 parties in interest an order:
(1)
Requiring the repair, alteration or improvement of the building to
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; and
(2)
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 building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
B.
If the owner fails to comply with an order to repair, alter or improve,
or, at the motion 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 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."
C.
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.
D.
The amount of such cost of such repairs, alterations or improvements,
or vacating and closing or removal or demolition, shall be a municipal
lien against the real property upon which such cost was incurred.
The detailed statement of the aforesaid costs shall be filed with
the Municipal Tax Assessor, or the Municipal Tax Collector (who is
custodian of tax liens) and a copy of the detailed statement shall
be forthwith forwarded to the owner by registered mail. If the building
is removed or demolished by the public officer, he shall sell the
materials of such building and shall credit the proceeds of such sale
against the cost of the removal or demolition including the clearance
and, if necessary, leveling of the site, and any 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 the Court to the
persons found to be entitled thereto by final 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 city lien certificate.
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 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. Without limiting the
generality of the foregoing, such conditions may include the following:
Defects therein increasing the hazards of fire, accident or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair, structural defects or uncleanliness. It shall
be unlawful for any person to have, keep or maintain in a building
that is unfit for human habitation or occupancy or use or which is
dangerous or injurious to the health or safety of the occupants of
such building or the occupants of neighboring buildings or other residents
of the Township.
[Amended 6-19-1996 by Ord. No. 344-96]
Any complaint or complaints, order or orders issued by the public
officer pursuant to the provisions of this article 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 the
public officer, in the exercise of reasonable diligence, the public
officer shall make an affidavit to that effect and then the serving
of such complaint or order upon such persons may be made by publishing
the same in the newspaper printed and published in the County of Atlantic.
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 Clerk of the County of Atlantic.
The public officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section, including the following powers
in addition to the other powers herein granted:
A.
To investigate the building conditions in the Township for the purpose
of determining which buildings are unfit for human habitation or occupancy
or use.
B.
To administer oaths, 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.
D.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this section. The officer, agent and employee to whom the powers and functions of the public officer have been delegated is hereby authorized to exercise the powers contained in Subsection A, B or C aforesaid.
E.
To delegate any of his functions and powers under the section to
such officers and agents as he may designate.
Any repair, alteration, improvement, removal or demolition,
as above provided, may be performed by the Township through its proper
officials or employees, or the Township may contract with any person
to render such service on behalf of the Township, under its control
and direction and pursuant to specifications showing in detail the
service to be rendered and to rules and regulations adopted by the
Township Committee for the same, and upon ample security for proper
performance being given to the Township. The procedure to be followed
in adopting any such contract shall be in accordance with N.J.S.A.
40:48-5. The Township may recover the cost thereof from the owner
by action at law, which action shall be in addition to any other remedy
provided for by this section, and shall not make void any lien upon
real estate provided for by this section, nor prevent the imposition
of any penalty imposed for violation of this or any ordinance of this
Township.
Nothing in this article shall be construed to abrogate or impair
the powers of the Township to enforce any provisions of any statute,
or its ordinances or regulations, nor to prevent or punish violations
thereof; and the powers conferred by this section shall be in addition
and supplemental to the powers conferred by any other ordinance of
the Township.
