[HISTORY: Adopted by the Township Committee
of the Township of Elk 9-1-1961. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Construction Codes — See Ch.
54.
The following terms whenever used or referred
to in this chapter shall have the following respective meanings for
the purposes of this chapter, unless a different meaning clearly appears
from the context:
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
OWNER
The holder or holders of title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the Township of Elk,
County of Gloucester, State of New Jersey, relating to health, fire,
building regulations or to other activities concerning buildings in
the Township of Elk.
PUBLIC OFFICER
The officers or body who is or are authorized to exercise
the powers prescribed for it by this chapter. The Public Officer for
the Township of Elk is hereby designated to be the governing body.
The Public Officer may determine that a building
is unfit for human habitation, occupancy or use if it 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 of Elk. 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.
[Amended 4-1-2010 by Ord. No. O-2010-21]
Whenever a petition is filed with the Public
Officer by a public authority or by at least five residents of the
Township of Elk, charging that any building is unfit for human habitation,
occupancy or use, or whenever it appears to the Public Officer (on
its own motion) that any building is unfit for human habitation or
occupancy or use, the Public Officer shall, if its 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 its designated
agent) at a place therein fixed not less than seven days nor more
than 30 days after the serving 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
before the Public Officer.
If, after such notice and hearing, the Public
Officer determines that the building under consideration is unfit
for human habitation or occupancy or use, said Public Officer 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:
A. 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
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 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.
[Amended 4-1-2010 by Ord. No. O-2010-21]
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 Public
Officer may cause such building to be repaired, altered or improved,
or to be vacated and closed. 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."
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.
C. 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 Township
of Elk, and the 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 Public Officer,
said Public Officer shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, 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 Tax Collector of the Township
of Elk 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
of Elk 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 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.
D. If an actual
and immediate danger of life is posed by the threatened collapse of
any fire-damaged or other structurally unsafe building, the public
officer may, after taking such measures as may be necessary to make
such building temporarily safe, seek a judgment in summary proceedings
for the demolition thereof.
E. 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, nor
is anything in this act intended to limit the authority of the enforcing
agency or construction official under the State Uniform Construction
Code Act, P.L.1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules
or regulations adopted thereunder.
[Added 4-1-2010 by Ord. No. O-2010-21]
Any action taken pursuant to this chapter using revenues derived
from the local property tax shall be taken only after advertisement
for, and receipt of, bids therefor, pursuant to the provisions of
the Local Public Contracts Law, P.L.1971, c.198 (N.J.S.A. 40A:11-1
et seq.), unless the action is necessary to prevent imminent danger
to life, limb or property.
Complaints or orders 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 the same 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 may be made by publishing the same once each week for two
successive weeks in a newspaper printed and published in the Township
of Elk or, in the absence of such newspaper, in one printed and published
in the county and circulating in the Township of Elk. A copy of such
complaint or order shall be posted in a conspicuous place on the premises
affected by the complaint or order. A copy of such complaint or order
shall be duly recorded or lodged for record with the county recording
officer of the County of Gloucester.
The Public Officer shall also 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 others herein granted:
A. To investigate the building conditions in the Township of Elk 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
inconvenience to the persons in possession.
D. To appoint and fix the duties of such officers, agents and employees
as it deems necessary to carry out the purposes of the chapter.
E. To delegate any of its functions and powers under this chapter to
such officers and agents as it may designate.
The governing body of the Township of Elk shall, as soon as
possible hereafter, prepare an estimate of the annual expenses or
costs to provide the equipment, personnel and supplies necessary for
periodic examinations and investigations of the buildings in the Township
of Elk for the purpose of determining the fitness of such buildings
for human habitation or occupancy or use and for the enforcement and
administration of this chapter. The Township Committee of Elk is authorized
to make such appropriations from its revenues as it may deem necessary
for this purpose and may accept and apply grants or donations to assist
it in carrying out the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the courts or of any department of the Township of Elk
to enforce any provisions of its charter or its ordinances or regulations
nor to prevent or punish violations thereof, and the powers conferred
by this act shall be in addition and supplemental to the powers conferred
by any other law.
For the administration and enforcement of this chapter, the
governing body of the Township of Elk is hereby designated as the
Public Officer.