[HISTORY: Derived from Sec. 15-15 of the 2002 Revised General
Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No.
02-27. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any accessory structures
and outbuildings belonging thereto or usually enjoyed therewith.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building or any who are in actual possession thereof.
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.
A.
It has been found and declared that there exists in the Township
a 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 parts thereof, unsafe or unsanitary
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Township.
B.
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 parts thereof, in
the manner provided by law.
The Construction Code Official, or his/her designee, is hereby
designated and appointed as the public officer to exercise the powers
prescribed by this chapter. The Construction Code Official shall serve
in such capacity without any additional salary.
A.
Whenever a petition is filed with the Construction Code Official
by a public authority or by at least five residents of the Township
charging that a building is unfit for human habitation, occupancy
or use, or whenever it appears to the Construction Code Official that
any building is unfit for human habitation, occupancy or use, the
Construction Code Official shall make a preliminary investigation.
If the investigation discloses a basis for such charges, he/she 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.
B.
The notice of violation shall:
(1)
Be in writing.
(2)
Include a description of the real estate, sufficient for identification.
(3)
Specify the violation which exists and the remedial action required.
(4)
Allow a reasonable time for the performance of any act required.
(5)
State the time occupants must vacate the dwelling unit or units,
if required.
C.
The complaint shall also contain a notice that a hearing will be
held before the Construction Code Official at a place therein fixed,
not less than 10 days nor more than 30 days after the serving of such
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 Construction
Code Official.
After notice and hearing, the Construction Code Official may
determine that the building under consideration is unfit for human
habitation, occupancy or use if he/she 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:
If, after the notice and hearing, the Construction Code Official
determines that the building under consideration is unfit for human
habitation, occupancy or use, he/she shall state, in writing, his/her
findings of fact in support of such determination.
Upon a finding of unfitness, the Construction Code Official
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 building to be made within a reasonable time, which time shall
be set forth in the order. The order shall give the option to the
owner to vacate or have the building vacated and closed within the
time set forth in the order.
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 building within the time
specified in the order to repair, then the owner shall be required
by a further order to remove or demolish the building within a reasonable
time, as specified in such order of removal.
All orders shall be served upon the owner and parties in interest in the manner provided in § 11-3 of this Code.
A.
Repair or closure by Township.
(1)
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 Construction Code Official may cause such building to be repaired,
altered or improved or to be vacated and closed. The Construction
Code Official shall cause to be posted on the main entrance to 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." The placard shall also
include the following:
(a)
The name of the Township.
(b)
The name of the authorized department having jurisdiction.
(c)
The chapter and section of the ordinance under which it is issued.
(d)
An order that the dwelling or multifamily dwelling, when vacated,
shall remain vacant until the provisions of the order are complied
with and the order to vacate is withdrawn.
(e)
The date that the placard is posted.
(f)
A statement of the penalty for defacing or removing the placard.
(2)
No person shall deface or remove the placard from any dwelling or
multifamily dwelling which has been declared or placarded as unfit
for human habitation except by authority, in writing, from the Construction
Code Official.
B.
Demolition by Township. If the owner fails to comply with an order
to remove or demolish the building, the Construction Code Official
may cause such building to be removed or demolished, or he/she may
contract for the removal or demolition thereof after advertisement
for, and receipt of, bids therefor.
C.
Cost to be a lien; sale of materials.
(1)
The cost of filing of legal papers, expert witness fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter determined in favor of the Township and the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition, as the case may be, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Construction Code Official, he/she shall attempt to sell the materials of such building. The proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building shall be credited against the cost of the removal or demolition thereof. If there are no such credits, or if the total sum of such costs exceeds the total of such credits, a detailed statement of such costs and the amount due, less any credits, shall be filed as a lien certificate with the Township Tax Assessor, and a copy thereof shall be served forthwith upon the owner in the manner set forth in § 11-3 of this Code.
(2)
If the total of the credits exceeds such costs, the balance remaining
shall be deposited by the Construction Code Official with the Superior
Court of New Jersey and shall be secured in such manner as may be
directed by such Court. The proceeds shall be disbursed according
to the order or judgment of such Court to the persons found entitled
thereto by final order of judgment of the Court.
D.
Appeal by owner. 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 of New Jersey to contest the
reasonableness of the amount or the accuracy of the costs set forth
in the lien certificate.
Any dwelling or multifamily dwelling which has been declared
and placarded as unfit for human habitation by the Construction Code
Official shall be vacated within a reasonable time, as required by
the Construction Code Official. The owner or operator of such dwelling
shall not lease the dwelling or portion thereof to any person for
human habitation. No person shall occupy any dwelling or multifamily
dwelling which has been declared or placarded by the Construction
Code Official as unfit for human habitation after the date set forth
in the placard.
No dwelling or multifamily dwelling which has been declared
or placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from the Construction
Code Official. The Construction Code Official shall remove the placard
whenever the defect or defects upon which the declaration and placarding
action were based have been eliminated.
If for any reason a building remains vacant or untended for
a period of 120 days, the owner shall secure all windows, doors and
other openings so that access into the building is prevented. The
owner of any such dwelling shall not cause or permit such dwelling
to be used, in whole or in part, for living purposes until the structure
has been rehabilitated in accordance with the provisions of this chapter.
The public officer is hereby authorized 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 others herein granted:
A.
To investigate building conditions in the Township in order to determine
which buildings therein are unfit for human habitation, occupancy
or use;
B.
To administer oaths and affirmations, examine witnesses and receive
evidence;
C.
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; and
D.
To delegate any of his/her functions and powers under this chapter
to such assistants and other employees as he/she may require in the
performance of his/her duties.
In the event the public officer finds that the condition of
any building is such that it presents an immediate danger to the public
health or safety, the public officer, without prior notice, may cause
the building to be closed or vacated. The owner or other party in
interest shall be entitled to a hearing before the Construction Code
Official to contest such action. Such hearing shall be held within
two business days of the request for same being received by the Township
Clerk, unless a longer time is consented to by the applicant.
In addition to the rights of appeal provided in § 108-10D, any person aggrieved by any order issued by the public officer under this chapter or any decision of the Construction Code Official may, within 30 days after the posting and service of such order or decision, bring an action for injunctive relief to restrain the public officer from carrying out the provisions of the order and for any other appropriate relief, in accordance with N.J.S.A. 40:48-2.8.
Nothing in this chapter shall be construed to impair or limit
in any way the power of the Township to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this chapter intended to limit the authority
of the enforcing agency or Construction Code Official under the State
Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any
rules or regulations adopted thereunder.
