[HISTORY: Adopted by the Township Council
of the Township of Lower by Ord. No. 76-28 (Sec. 9-5 of the 1975 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of builders and contractors — See Ch. 191.
Moving of buildings — See Ch. 199.
Uniform construction codes — See Ch. 235.
Construction permits — See Ch. 254.
Electrical standards — See Ch. 291.
Fire prevention — See Ch. 340.
Housing standards — See Ch. 374.
Numbering of buildings— See Ch. 448.
Property maintenance — See Ch. 500.
It is hereby found and determined that there
exists in the Township a building or buildings which are unfit for
human habitation, occupancy or use, due to dilapidation, defects increasing
the hazards of fire, accidents or other calamities, lack of ventilation,
light, or sanitary facilities, or due to other conditions rendering
such building or buildings or part thereof unsafe or unsanitary, or
dangerous or detrimental to the health or safety, or otherwise inimical
to the welfare of the residents of the Township, and that a public
necessity exists for the repair, closing, or demolition of such building
or buildings or part thereof.
Pursuant to N.J.S.A. 40:48-2.3 et seq., as the
same may presently exist or be hereafter amended, the Building Subcode
Official of the Township is hereby designated and appointed as the
public officer to exercise the powers prescribed by this chapter;
provided, however, that the Township Committee may, by resolution,
designate or appoint additional persons, boards, or bodies as the
public officer to exercise the powers prescribed by this chapter,
as provided by statute.
Whenever the public officer of the Township
designated herein finds that there exists in the Township any building
or buildings which are unfit for human habitation or occupancy or
use due to dilapidation, defects increasing the hazards of fire, accidents
or other calamities, lack of ventilation, light or sanitation facilities,
or due to other conditions rendering such building or buildings, or
part thereof, unsafe or unsanitary, or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Township, the public officer shall exercise the power vested
under this chapter and under its police powers to repair, close or
demolish, or cause the repairing, closing, or demolition of such building
or buildings or part thereof, in the manner provided.
Whenever a petition is filed with the public
officer by the Health Officer, Police Chief, Fire Chief, or any other
officer in charge of any department of the Township relating to health,
fire, building regulations or activities concerning buildings in the
Township, or by at least five residents of the Township, charging
that any building within the Township is unfit for human habitation
or occupancy or use, or whenever it appears to the public officer
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 10 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 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.
If, after 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:
A.
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
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 building within
the time specified in the order, then the owner shall be required
to remove or demolish the building within the reasonable time specified
in the order of removal.
If the owner shall fail to comply with the 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; and
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."
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 for the removal
or demolition thereof after advertisement for, and receipt of, bids
therefor.
[Amended 10-4-2010 by Ord. No. 2010-10]
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 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. An administrative lien fee in the amount of $500 shall be
imposed in conjunction with the creation of a lien. If the building
is removed or demolished by the public officer, he shall sell the
materials of such building. There shall be credited against the cost
of the removal or demolition thereof 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 Township 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 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; provided, however, that nothing in
this section shall be construed to impair or limit in any way the
power of the Township to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise. Any
owner or party in interest may, within 60 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 municipal 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; such
conditions may include the following:
A.
Defects therein increasing the hazards of fire, accident,
or other calamities;
B.
Lack of adequate ventilation, light, or sanitary facilities;
C.
Dilapidation;
D.
Disrepair;
E.
Structural defects;
F.
Uncleanliness;
G.
Failure to have included in the building running water
or inside toilet facilities; failure to have serving the building
a sewerage disposal system which meets the minimum standards of any
applicable ordinance or statute.
A complaint or order issued by the public officer
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 cannot be ascertained by the public officer in the exercise of
reasonable diligence, and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons shall be made by publishing the same once each week for two
successive weeks in the official newspaper of the Township. 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 in the office
of the Cape May County Clerk.
The public officer or other official designated
under this chapter may exercise such powers as may be necessary or
convenient to carry out and effectuate the purposes and provisions
of this chapter, including but not limited to the following powers,
in addition to the others herein granted:
A.
To investigate the building conditions in the Township
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
in accordance with applicable ordinances and statutes; provided, however,
that 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 purposes of this
chapter.
The public officer shall not contract for, nor
proceed with, the repair, alteration, improvement, removal or demolition
of any building or buildings unless and until the Township Committee,
by appropriate resolution, directs that such action be taken.
