The Housing Officer of the Township of Alloway be and he is
hereby designated as the officer to exercise the powers prescribed
by the within chapter, and he shall serve in such capacity without
any additional salary.
For the purpose of the within chapter, the Housing Officer may
determine that a dwelling is unfit for human habitation if he finds
that conditions exist in such dwelling which are dangerous or injurious
to the health or safety of the occupants of such dwelling, the occupants
of neighboring dwellings or other residents of the Township of Alloway.
Such conditions may include the following, without limiting the generality
of the foregoing, defects therein increasing the hazards of fire,
accident or other calamities; lack of adequate ventilation, light
or sanitary facilities; dilapidation; and disrepair, structural defects
or uncleanliness.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, as approved by the Departments
of Health and Conservation and Economic Development and filed in the
Secretary of State's office, is hereby accepted, adopted and
established as a standard to be used as a guide in determining the
fitness of a building for human habitation or occupancy or use. A
copy of the New Jersey State Housing Code is annexed to this chapter,
and three copies of the same have been placed on file in the office
of the Alloway Township Clerk and are available to all persons desiring
to use and examine same.
Whenever a petition is filed with the Housing Officer by a public
authority as defined in N.J.S.A. 40:48-2.4 or by at least five residents
of the municipality, charging that any dwelling is unfit for human
habitation as herein defined, or whenever it appears to the Housing
Officer (on his own motion) that any dwelling is unfit for human habitation,
as herein defined, 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 dwelling 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
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 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 Housing Officer.
If after such notice and hearing the Housing Officer determines
that the dwelling under consideration is unfit for human habitation,
as herein defined, 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:
A. 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 to
have said 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 said building within the time
specified in the order, that the owner remove or demolish the said
building within a reasonable time as specified in the said order of
removal.
C. That 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; and that 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 or occupancy or use; the use or occupation of
this building is prohibited and unlawful."
D. That 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 therefor.
E. That 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 repairs, alterations
or improvements or vacating and closing or removal or demolition,
if any, 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
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. 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 exceed 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. 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.
Complaints or orders issued by the Housing Officer pursuant
to this chapter shall be served upon persons either personally or
by registered mail, but if the whereabouts of such persons is unkown
and the same cannot be ascertained by said Housing Officer in the
exercise of reasonable diligence and the said Housing Officer shall
make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper printed and published
in the County of Salem. 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 county recording officer of the county
in which the dwelling is located.
The Housing Officer is hereby authorized and empowered 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
in addition to others herein granted:
A. To investigate the dwelling conditions in the Township of Alloway
in order to determine which dwellings 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 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 purposes of this chapter.
E. To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair
the power of the township or any officer or department to enforce
any provisions of its Charter or its ordinances or regulations, nor
to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred upon the township by any other law or ordinance.
This chapter may be known and cited as the "Housing Code Ordinance
of Alloway Township.