[HISTORY: Adopted by the Township Committee of the Township of Chesterfield 9-14-1964. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 94.
Housing — See Ch. 124.
Nuisances, public health — See Ch. 210.
[Amended 5-4-1989 by Ord. No. 1989-3]
Whenever a petition is filed with the Building Inspector by a public authority of the Township of Chesterfield charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the Building Inspector (on his own motion) that any dwelling is unfit for human habitation or occupancy or use, the Building Inspector 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 Building Inspector (or his designated agent) at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint. 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 complaints. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Building Inspector.
If, after such notice and hearing, the Building Inspector determines that the dwelling 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 requiring the repair, alteration or improvement of 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 said building vacated and closed within the time set forth in the order; and, 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 said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said order or removal.
A. 
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 Building Inspector may cause such dwelling to be repaired, altered or improved, or to be vacated and closed. The Building Inspector 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."
B. 
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.
A. 
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.
B. 
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 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 exceed such costs, the balance remaining shall be deposited in the superior court by the public officer, shall be secured in such a 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 limit or impair 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.
C. 
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 costs set forth in the municipal lien certificate.
[Amended 5-4-1989 by Ord. No. 1989-3]
The Building Inspector may determine that a building is unfit for human habitation 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 to the residents of the Township of Chesterfield. 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.
The process and procedure for the administration of this chapter shall be governed by N.J.S.A. 40:48-2.3 to 40:48-2.12h and any amendments that may be made thereto.
The Building Inspector is hereby designated and shall have the right 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 powers in addition to the others herein granted:
A. 
To investigate the building conditions 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.