[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in this municipality
which are so old, dilapidated or have become so out of repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy or use is inimical to the welfare and dangerous and injurious
to the health and safety of the people of this municipality and this
state and that a public necessity exists for the repair, closing or
demolition of such building or buildings or parts thereof.
It is hereby further found and declared that there exists in
this municipality 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 this municipality, and that this
municipality shall hereafter exercise its police powers to repair,
close or demolish, or cause or require the repairing, closing or demolition
of, such building or buildings or part thereof, as hereinafter set
forth.
As used in this chapter, the following terms shall have the
meanings indicated:
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
A.
The Code Enforcement Officer of this municipality be and is hereby
designated as the public officer to exercise all the complaint and
enforcement powers prescribed by this chapter and N.J.S.A. 40:48-2.4
et seq.
B.
The Township Council is designated as the public officer to conduct
all hearing and issue findings and determinations of unfitness prescribed
by this chapter and N.J.S.A. 40:48-2.4 et seq.
[Amended 9-24-2013 by Ord. No. 4410-13]
Whenever a petition is filed with the Code Enforcement Officer
by a public authority or by at least five residents of the municipality,
charging that any building is unfit for human habitation or occupancy
or use, or whenever it appears to the Code Enforcement Officer on
his or her own motion that any building is unfit for human habitation
or occupancy or use, the Code Enforcement Officer shall, if his or
her preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner or 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
Council, at a place therein fixed, not less than 10 days nor more
than 30 days after the service 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 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.
The Township Council may designate one of the Township Attorneys to
conduct the hearing.
A.
If, after such notice and hearing, the Township Council or its designee
determines that a 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:
(1)
Requiring the repair, alteration 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
(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 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.
B.
If an 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 Code Enforcement Officer may cause such building to be repaired,
altered or improved, or to be vacated and closed.
C.
The Code Enforcement 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 occupancy of this building is prohibited and unlawful."
D.
If the owner of any building fails to comply with an order to remove
or demolish the building, the Code Enforcement 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.
E.
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
municipality; 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. If the building is removed or demolished by the Code Enforcement
Officer, he or she 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 Municipal Tax Collector
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 of New Jersey by
the Code Enforcement 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 municipality 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 of New Jersey to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
The Township Council and/or Code Enforcement Officer may determine
that a building is unfit for human habitation or occupancy or use
if they find 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 this
municipality; 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; uncleanliness and such other conditions as may render the
building unfit for human habitation or occupancy or use.
Complaints or orders issued by the Code Enforcement Officer
pursuant to the provisions of this chapter shall be served upon persons
either personally or by registered mail; but, if the whereabouts of
such persons are unknown and the same cannot be ascertained by the
Code Enforcement Officer in the exercise of reasonable diligence,
and the Code Enforcement Officer shall make an affidavit to that effect,
then the serving of such complaint or order upon said persons may
be made by publishing the same once each week for two successive weeks
in a newspaper printed or published in the Township of Toms River.
A copy of such complaint or order shall be duly recorded or lodged
for record with the County Clerk of the County of Ocean.
Any person aggrieved by an order issued by the Code Enforcement
Officer and/or Township Council under this chapter may, within 60
days after the posting and service of such order, bring an action
for injunctive relief to restrain the public officer from carrying
out the provisions of the order and for any other appropriate relief.
The court may proceed in the action in a summary matter or otherwise.
The remedy herein provided shall be exclusive, and no person affected
by an order of the Code Enforcement Officer and/or Township Council
shall be entitled to recover any damages for action taken pursuant
hereto or because of noncompliance by any person with any order of
the Code Enforcement Officer and/or Township Council.
The Code Enforcement Officer and Township Council are hereby
authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter;
and the powers conferred by this chapter shall be in addition and
supplemental to the powers conferred by any other law.
