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:
BUILDING
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
GOVERNING BODY
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
OWNER
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
PUBLIC AUTHORITY
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
PUBLIC OFFICER
The same definition as is set forth in N.J.S.A. 40:48-2.4
for said term.
[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.
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.