[HISTORY: Adopted by the Township Committee of the Township of Wyckoff 12-15-1964
as Ord. No. 476. Sections 99-2, 99-6A and 99-8 amended and
§ 99-6B and C added at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
The Township Committee of the Township of Wyckoff is hereby authorized
to exercise the powers prescribed by this chapter and N.J.S.A. 40:48-2.3 et
seq.
Whenever a petition is filed with the Township Committee by a public
authority or by at least five residents of the Township of Wyckoff charging
that any building is unfit for human habitation or occupancy or use, or whenever
it appears to the Wyckoff Township Committee (on its own motion) that any
building is unfit for human habitation or occupancy or use, the Township Committee
shall, if its preliminary investigation discloses a basis for such charge,
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 Township Committee (or its
designated agent) at a place therein fixed not less than seven days nor more
than 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 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 Township Committee.
If, after such notice and hearing, the Township Committee determines
that the building under consideration is unfit for human habitation or occupancy
or use, it shall state in writing its 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, alteraiton or improvement of the
said 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 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 the said building within the time
specified in the order, then the owner shall be required to remove or demolish
the said building within a reasonable time as specified in the 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 Township
Committee may cause such building to be repaired, altered or improved, or
to be vacated and closed; and the Township Committee 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."
If the owner fails to comply with an order to remove or demolish the
building, the Township Committee may cause such building to be removed or
demolished or may contract for the removal or demolition thereof after advertisement
for and receipt of bids therefor.
A.
The amount of:
(1)
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 municipality, and
(2)
Such cost of such repairs, alterations or improvements,
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 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. If the building is removed or
demolished by the Township Committee, it 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 if the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed with
the Municipal Tax Assessor or other 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 exceeds such costs, the balance remaining
shall be deposited in the Superior Court by the Township Committee, 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 person 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 cost set forth in the municipal lien
certificate.[1]
B.
If an actual and immediate danger to life is posed by
the threatened 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.[2]
C.
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,
nor is anything in this chapter intended to limit the authority of the enforcing
agency or Construction Official under the State Uniform Construction Code
Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules or regulations
adopted thereunder.[3]
The Township Committee may determine that a building is unfit for human
habitation or occupancy or use if it 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 of Wyckoff. Such conditions may include the following (without
limiting the generality of the foregoing): defects therein increasing the
hazards of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair; structural defects;
and uncleanliness.
Complaints or orders issued by the Township Committee pursuant to this
chapter 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 Township Committee in the exercise of reasonable diligence, and a Township
Committeeman 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
in a newspaper printed and published in the municipality, or, in the absence
of such newspaper, in one printed and published in the County and circulating
in the municipality in which the buildings are located. A copy of such complaint
or order shall be posted in a conspicuous place on 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 recording officer of Bergen County.
The Township Committee may exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions of N.J.S.A.
40:48-2.3 et seq., including the following powers in addition to others herein
granted:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein 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 the Township Committee deems necessary to carry out the purposes
of the ordinances.
E.
To delegate any of the Township Committee's functions
and powers under this chapter to such officers and agents as the Township
Committee may delegate.
