As used in this chapter, the following terms
shall have the meanings indicated:
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 the 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, county
or state relating to health, fire, building regulations or to other
activities concerning buildings in the township.
It has been found and declared by resolution
adopted on April 8, 1965, that there exists in the township building
or buildings or parts thereof which are unfit for human habitation
or occupancy or use due to dilapidation, defects increasing the hazards
of fire, accidents or other calamities, lack of ventilation, light
or sanitation facilities, or due to other conditions rendering such
building or buildings or part thereof unsafe, unsanitary or dangerous
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of the township. It is therefore necessary
to exercise the police powers of the township to repair, close or
demolish, or cause or require the repairing, closing or demolition
of, such building or buildings or part thereof in the manner provided,
pursuant to the statute applicable thereto.
Whenever a petition is filed with the public officer by a public authority or by at least five residents of the township, charging that a building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer on his own initiative that any building is unfit for human habitation or occupancy or use, the public officer shall make a preliminary investigation. If the investigation discloses a basis for such charges, he shall issue and cause to be served upon the owner and parties in interest of such building a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before the public officer 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 notice shall state that the owner and parties in interest have 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. The complaint shall be served in the manner provided in §
71-7 hereof.
After notice and hearing, the public officer
may determine that the building under consideration is unfit for human
habitation or occupancy or use 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 other residents of the township. Such conditions may, among other
things, include the following:
A. Defects therein increasing the hazards of fire, accident
or other calamities.
B. Lack of adequate ventilation, toilet facilities and
running water, light or sanitary facilities.
C. Dilapidation, disrepair, structural defects or uncleanliness.
Complaints, notices and orders issued by the
public officer pursuant to this chapter shall be served upon persons
either personally or by registered or certified mail. 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 he shall
make an affidavit to that effect, then the serving of such complaint,
notice or order upon such persons may be made by publishing the same
once in a newspaper printed and published in the township, or, in
the absence of such newspaper, in one printed and published in the
county and circulating in the township. A copy of such complaint,
notice or order shall be posted in a conspicuous place on the premises
affected by the complaint, notice or order. A copy of such complaint,
notice or order shall be duly recorded with the Clerk of Morris County.
Any person aggrieved by an order issued by the
public officer under this chapter shall be entitled to the remedies
prescribed by Chapter 112 of the Laws of 1942, as amended by Chapters
37 and 428 of the Laws of 1953 (N.J.S.A. 40:48-2.8).