[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.]
GENERAL REFERENCES
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.
The Township Committee of the Township of Alloway, charged
with governing the municipality.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
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.
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:
A.Â
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.Â
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.
A.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 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."
B.Â
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.
A.Â
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.[1]
B.Â
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.
A.Â
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:
B.Â
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:
A.Â
To investigate the dwelling conditions in the Township of Alloway
in order to determine which dwellings therein are unfit for human
habitation.
B.Â
To administer oaths, 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.
[Amended 5-11-1961 by Ord. No. 64[1]]
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.