[HISTORY: Adopted by the Township Committee of the Township of Alloway 10-1-1959 by Ord. No. 53. Sections 49-6A and 49-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Building construction — See Ch. 47.
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:
- Any building or structure or part thereof, whether used for human habitation or otherwise, including any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
- GOVERNING BODY
- The Township Committee of the Township of Alloway, charged with governing the municipality.
- The holder of the title in fee simple.
- PARTIES IN INTEREST
- All individuals, associations and corporations who have interests of record in a dwelling and any who are in 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 Alloway, County of Salem or State of New Jersey, relating to health, fire or building regulations or to other activities concerning dwellings in the Township of Alloway.
- PUBLIC OFFICER
- The officer or officers who are authorized by this chapter to exercise the powers prescribed by this chapter.
- The cost of reproduction of a building.
A public officer, to be known as the "Housing Officer," shall be appointed by the Township Committee of the Township of Alloway to exercise the powers prescribed by this chapter.
Whenever a petition is filed with the Housing Officer by a public authority or by at least five residents of the Township of Alloway, charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Public Officer (on his own motion) that any building is unfit for human habitation or occupancy or use, the Public 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 Public 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 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, 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 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
That 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.
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; and 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."
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.
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, undertaken by the municipality, 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, 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 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 municipality 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 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.
The Public Officer may determine that a building 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 of Alloway. Without limiting the generality of the foregoing, such conditions may include the following:
It shall be unlawful for any person to have, keep or maintain a building that is unfit for human habitation or occupancy or use or which is dangerous or injurious to the health or safety of the occupants of such building or the occupants of neighboring buildings or other residents of the Township of Alloway.
Process and procedure for the administration of this chapter shall be governed by N.J.S.A. 40:48-2.3 to 40:48-2.12 and any amendments 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:
To investigate the dwelling conditions in the Township of Alloway in order to determine which dwellings therein are unfit for human habitation.
To administer oaths, affirmations, examine witnesses and receive evidence.
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.
[Amended 5-11-1961 by Ord. No. 64]
Any person violating any of the provisions of this chapter declared to be unlawful shall, upon conviction in the Municipal Court, be punished for each offense by a fine not to exceed $500 or by imprisonment for any term not exceeding 90 days in the county jail or in any place provided by the municipality for the detention of prisoners, or by both such fine and imprisonment. The Judge before whom any person is convicted of violating this chapter shall have the power to impose any fine or term of imprisonment not exceeding the maximum fixed in this section.