[Amended 3-26-1985 by Ord.
No. 85-4]
For the purpose of this chapter, the Building Subcode Official may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist therein which are dangerous or injurious to the health or safety of
the occupants of such dwelling, the occupants of neighboring dwellings or
other residents of the Town of Clinton. 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
or uncleanliness.
[Amended 3-26-1985 by Ord.
No. 85-4]
Whenever a petition is filed with the Building Subcode Official by a public authority as defined in N.J.S.A. 40:48-2.4 or by at least five residents of the Town, charging that any dwelling is unfit for human habitation as defined in Chapter
84, Housing Standards, or whenever it appears to the Building Subcode Official on his own motion that any dwelling is unfit for human habitation, he 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 dwelling a complaint stating the charges in that respect and containing a notice that a hearing shall be held before the Building Subcode Official 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 give testimony at the time and place fixed in the complaint, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Building Subcode Official.
[Amended 3-26-1985 by Ord.
No. 85-4]
Complaints or orders issued by the Building Subcode Official pursuant
to this chapter shall be served upon persons either personally or by certified
mail, but if the whereabouts of such persons is unknown and cannot be ascertained
by the Building Subcode Official in the exercise of reasonable diligence,
and the Building Subcode Official makes an affidavit to that effect, then
the serving of the complaint or order upon such persons may be made by publishing
it once in a newspaper having circulation in the Town. A copy of the complaint
or order shall be posted in a conspicuous place on the premises affected by
the complaint or order, and copy shall be recorded or lodged for record with
the Hunterdon County recording officer.
[Amended 3-26-1985 by Ord.
No. 85-4]
The Building Subcode Official is authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following, in addition
to others herein granted:
A. To investigate the dwelling conditions in the Town in
order to determine which dwellings are unfit for human habitation.
B. To administer oaths, affirmations, examine witnesses
and receive evidence.
C. To enter upon premises for the purpose of making examination,
provided that entry is 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.
E. To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
No person shall occupy as owner or occupant or rent to another for occupancy
any dwelling or dwelling unit for the purpose of living therein which does
not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether
a dwelling is safe, sanitary and fit for human habitation.
[Amended 3-26-1985 by Ord.
No. 85-4; 11-22-2005 by Ord. No. 05-14]
The owner of any building located within the limits of the Town who desires to demolish it shall first obtain a permit for that purpose from the Construction Official and pay a fee as provided for in Chapter
73, Fees, for each building or structure to be demolished. The fee shall be paid prior to the issuance of any such permit. A permit shall be required, but no fee payable, for demolishing any structure less than 150 square feet in area.