[HISTORY: Adopted by the Township Committee
of the Township of Stillwater 4-2-1991 by Ord. No. 91-11 (§ 10-2 of
the 1971 Revised General Ordinances). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whenever a petition is filed with the Construction
Official by a public authority as defined in N.J.S.A. 40:48-2.4 or
by at least five residents of the Township charging that any building
is unfit for human habitation as defined in the Housing Code, or whenever
it appears to the Construction Official on his own motion that any
building 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 building
a complaint stating the charges in that respect and containing a notice
that a hearing shall be held before the Construction Official or his
designated agent 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 complaints and that the
rules of evidence prevailing in courts of law or equity shall not
be controlling in hearings before the Construction Official.
A.
If after notice and hearing the Construction Official
determines that the building under consideration is unfit for human
habitation, as defined in this chapter, 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 the building
to be made by the owner within a reasonable time, which shall be set
forth in the order, or at the option of the owner, to vacate or to
have the building vacated and closed within the time set forth in
the order.
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 building within
the time specified in the order, the owner shall remove or demolish
the building within a reasonable time as specified in the order of
removal.
C.
If the owner fails to comply with an order to repair,
alter or improve or, at the option of the owner, vacate and close
the building, the Construction Official may cause such building to
be repaired, altered or improved or to be vacated and closed; the
Construction Official 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."
D.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Official may cause such
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement and receipt of bids therefor.
E.
The amount of the following costs shall be a municipal
lien against the real property upon which such costs were incurred:
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 and the
cost of repairs, alterations or improvements or vacating and closing
or removal or demolition, if any, or the amounts 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.
F.
If the building is removed or demolished by the Construction
Official, he shall sell any salable materials of such building. There
shall be credited against the cost of 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 certified mail. If the
total of the credits exceeds such costs, the balance remaining shall
be deposited in the Superior Court by the Construction Official, 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 that nothing in this chapter shall be construed
to impair or limit in any way the power of the Township to define
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Complaints or orders issued by the Construction
Official pursuant to this chapter shall be served upon persons either
personally or by certified mail, but if the whereabouts of such persons
are unknown and the same cannot be ascertained by the Construction
Official in the exercise of reasonable diligence and the Construction
Official makes an affidavit to that effect, then the serving of the
complaint or order upon such persons may be made by publishing the
same once in a newspaper having circulation in the Township. A copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order, and a copy of
such complaint or order shall be duly recorded or lodged for record
with the Sussex County recording officer.
The Construction Official is authorized and
empowered, as may be necessary or convenient, to carry out and effectuate
the purposes and provisions of this chapter, to exercise the following
powers, in addition to others herein granted:
A.
To investigate the building conditions in the Township
in order to determine which buildings therein are unfit for human
habitation.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
provided that such entries shall be made in such a 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 purpose 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 dwelling or dwelling unit does not conform to the provisions of Chapter 229, Housing Standards, of the Code of the Township of Stillwater, established by this chapter as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 10-16-2012 by Ord. No. 2012-7; 2-18-2014 by Ord. No.
2014-2; 10-17-2017 by Ord. No. 2017-12; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
At the time of initial occupancy or a change of occupancy of
any dwelling unit, the owner of the same shall make application to
the Construction Department for a certificate of smoke and carbon
monoxide detector certification. The Construction Department shall
make an inspection for the sole purpose of determining whether or
not the dwelling unit complies with N.J.S.A. 52:27D-133.3 and 52:27D-198.1.
Such dwelling unit shall be equipped with at least one carbon monoxide
sensor device, or the Construction Official shall determine that there
is no potential carbon monoxide hazard in the dwelling unit. In addition,
the Construction Official shall require, in accordance with the aforesaid
statutes, a smoke-sensitive alarm device on each level of the structure
and outside each separate sleeping area. A battery-operated, smoke-sensitive
alarm device shall be accepted as meeting the requirements. In addition,
each such dwelling unit shall have a portable fire extinguisher as
defined in the state statute. The fees for certifications of occupancy/smoke
detector (including carbon monoxide detector and fire extinguishers)
shall be as follows:
