[HISTORY: Adopted by the Township Committee
of the Township of Oldmans 1-4-1978 by Ord. No. 78-1 as Ch. 48 of
the 1978 Code. Amendments noted where applicable.]
A public officer, whose title shall be "Housing
Officer," shall be appointed by the Township Committee of the Township
of Oldmans to exercise the powers prescribed by this chapter.
[Amended 9-3-1997 by Ord. No. 97-5
Whenever a petition is filed with the Housing
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 Housing Officer
(on his own motion) that any building is unfit for human habitation
or occupancy or use, the Housing Officer 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 Housing Officer (or his designated
agent) at a place therein fixed not less than 10 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 Housing
Officer.
[Amended 9-3-1997 by Ord. No. 97-5]
If, after such notice and hearing, the Housing
Officer determines that the building 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 owner to repair, alter or improve said building
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.
A.Â
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 of removal.
B.Â
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 Housing Officer may cause such building to be repaired,
altered or improved or to be vacated and closed. The Housing 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, occupancy or use; the use or occupation of this building
is prohibited and unlawful."
[Amended 9-3-1997 by Ord. No. 97-5]
C.Â
If the owner fails to comply with an order to remove
or demolish the building, the Housing 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 thereof.
[Amended 9-3-1997 by Ord. No. 97-5]
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 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.
A.Â
If the building is removed or demolished by the Housing
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.
[Amended 9-3-1997 by Ord. No. 97-5]
B.Â
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.
C.Â
If the total of the credits exceeds such costs, the
balance remaining shall be deposited in the Superior Court by the
Housing 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 municipality to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise.
[Amended 9-3-1997 by Ord. No. 97-5]
D.Â
Any owner or party in interest may, within 60 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.
A.Â
The Housing Officer 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 Oldmans.
B.Â
Such conditions may include the following (without
limiting the generality of the foregoing):
Process and procedure for the administration
of this chapter shall be governed by N.J.S.A. 40:48-2.3 et seq. and
any amendments or supplements that may be made thereto.
The Housing Officer 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.Â
To investigate the dwelling conditions in the Township
of Oldmans in order to determine which dwellings therein are unfit
for human habitation.
B.Â
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.Â
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.
