[HISTORY: Adopted by the Township Committee of the Township
of Harding 7-9-1968 by Ord. No. 3-68 (Ch. 43 of the 1990 Code); amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in the Township of
Harding ("Township") which are so old, dilapidated or have become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use are inimical to the welfare,
and dangerous and injurious to the health and safety, of the residents
of the Township and that a public necessity exists for the repair,
closing or demolition of such building or buildings or part thereof.
It is hereby found that there may exist in the Township a building
or buildings which are unfit for human habitation, 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 or unsanitary, or dangerous, or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Township, and as to which the Township has the power, pursuant
to N.J.S.A. 40:48-2.3 et seq., to exercise its police powers to repair,
close or demolish, or cause or require the repairing, closing or demolition
of such buildings, or part thereof, in the manner herein provided.
Any building or buildings or parts thereof which have been damaged
to such an extent that nothing remains but the walls or parts of the
walls and other supports shall, regardless of the safety and sturdiness
of those remaining walls or parts thereof, be deemed inimical to the
welfare of the residents of the Township, and the Township may exercise
its police powers to repair, demolish or cause the repairing or demolishing
of the building or buildings or parts thereof pursuant to N.J.S.A.
40:48-2.3 et seq., and the procedure set forth herein.
The following, whenever used or referred to in this chapter,
unless a different meaning clearly appears from the context, shall
mean:
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.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any officer who is in charge of any department or branch
of the government of the Township relating to health, fire, building
regulations or to other activities concerning buildings in the Township.
The Zoning Officer or such other officer, board or body that
is or are appointed by the Mayor with the consent of the Township
Committee to exercise the powers described herein.
For the purpose of this chapter, the Public Officer may determine
that a building or dwelling is unsafe or unfit for human habitation
or use if the Public Officer finds that conditions exist in such building
or dwelling which are dangerous or injurious to the health or safety
of the occupants of such building or dwelling, the occupants of neighboring
buildings or dwellings or other residents of the Township; 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; disrepair; structural defects; and uncleanliness.
Pursuant to N.J.S.A. 40:49-5.1 et seq., the New Jersey State
Housing Code approved by the Department of Community Affairs (N.J.A.C.
5:28-1.1), the State Uniform Construction Code (N.J.S.A. 52:27D-119
et seq.) and the State Uniform Fire Safety Act (N.J.S.A. 52:27D-192
et seq.), and any rules or regulations adopted thereunder, are hereby
accepted, adopted and established as standards to be used as guides
in determining the fitness of a building for human habitation, occupancy
or use. A copy of these codes are made a part of this chapter, and
three copies thereof have been placed on file in the office of the
Township Clerk and will remain on file there for the use and examination
of the public.
Whenever a petition is filed with the Public Officer by a public
authority, or by at least five residents of the Township, charging
that any building or dwelling is unfit for human habitation, occupancy
or use, or whenever it appears to the Public Officer on his or her
own motion that any building or dwelling is unfit for human habitation,
occupancy or use or that any building or dwelling is dangerous or
unsafe, the Public Officer shall, if his or her 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 or dwelling
a complaint stating the charges in that respect and containing a notice
that hearing will be held before the Public Officer, or designated
agent, at a place therein fixed not less than seven days nor more
than 30 days after the service 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.
A.
If, after such notice and hearing, the Public Officer determines
that the building or dwelling under consideration is unfit for human
habitation, occupancy or use, or is dangerous or unsafe, the Public
Officer shall state, in writing, his or her 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 said building or dwelling 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 or dwelling 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 said building within the time specified
in the order, then the owner may be required to remove or demolish
said building or dwelling within a reasonable time as specified in
said order of removal.
C.
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 or
dwelling, the Public Officer may cause such building to be repaired,
altered or improved or to be vacated and closed; the Public Officer
may cause to be posted, on the main entrance of any building or dwelling
so closed, a placard with the following words: "This building or dwelling
is unfit for human habitation, occupancy or use; the use or occupation
of this building or dwelling is prohibited and unlawful."
D.
If the owner fails to comply with an order to remove or demolish
the building or dwelling, the Public Officer may cause such building
or dwelling to be removed or demolished or may contract for the removal
or demolition thereof after advertisement for, and receipt of, bids
therefor.
E.
If the owner fails to comply with an order to repair, alter or improve,
the Public Officer may appoint a custodian of such building or dwelling
on behalf of the Township, who may be either an official of the Township
or any other person specially designated to enter into and take charge
of the premises and supervise abatement of the nuisance, the correction
of the defective condition or the maintenance of the premises in a
proper condition so as to conform to the requirements of the Township
Code and state laws applicable thereto; compensation of the custodian,
which shall be part of the expenses provided for below, shall be at
a rate to be established by resolution of the Mayor and Township Committee
but in no event more than $100 per day.
F.
If the owner violates this chapter or fails to abate a condition
harmful to the health and safety of the occupants of the building
or dwelling and the general public in the Township after notice and
opportunity so to do, the Public Officer may, by and with the approval
of the Mayor and Township Committee, bring an action in the Superior
Court to be appointed receiver ex officio of the rents and income
in the manner described in N.J.S.A. 40:48-2.12h through 40:48-2.12k.
G.
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
Township and the cost of repairs, alterations or improvements, or
vacating and closing, or removal or demolitions, 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
dwelling or from any contract for removal or demolition thereof, including
the clearance and, if necessary, leveling of the site shall be a municipal
lien against the real property upon which such costs were incurred.
If the building or dwelling is removed or demolished by order of the
Public Officer, he or she shall sell the materials of such building
or dwelling. There shall be credited against the cost of the removal
or demolition thereof the proceeds of any sale of such materials or
any such 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
Township Tax Assessor and the Township Tax Collector, and a copy thereof
shall be forthwith forwarded to the owner by registered or certified
mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the Public Officer
and shall be disbursed according to the order of judgment of the Court
to the persons found to be entitled thereto by final order of judgment
of such court; any owner or party in interest may, within 30 days
from the date of the filing of the lien certificate, proceed in 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.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building
or dwelling, the Public Officer may, after taking such measures as
may be necessary to make such building or dwelling temporarily safe,
seek a judgment in summary proceedings for the demolition thereof.
Nothing herein 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 Official under the State Uniform
Construction Code, N.J.S.A. 52:27D-119 et seq., the State Uniform
Fire Safety Act, N.J.S.A. 52:27D-192 et seq., or any rules or regulations
adopted thereunder.
Any building or buildings, or parts thereof, which have come
into a state of disrepair through neglect, lack of maintenance or
use, fire, accident or other calamities, or through any other act
rendering the building or buildings, or parts thereof, in a state
of disrepair, to the extent that the building is unfit for human habitation
or occupancy or use, shall be deemed inimical to the welfare of the
residents of the Township wherein it is located, and the Construction
Official may exercise his/her powers to repair, demolish, or cause
the repairing or demolition of the building or buildings, or parts
thereof.
Complaints or orders issued by the Public Officer pursuant to
this chapter shall be served upon persons either personally or by
registered or certified mail, but if the whereabouts of such persons
are unknown and the same cannot be ascertained by the Public Officer
in the exercise of reasonable diligence, and the Public 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
in a newspaper printed and published in the County of Morris and circulating
in the Township. A copy of such complaint or order shall be posted
in a conspicuous place on premises affected by the complaint or order,
and a copy shall be recorded or lodged for record with the Register
of Morris County.
Any person aggrieved by an order issued by the Public Officer
under this chapter may, within 30 days after the posting and service
of such order, 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. The Court may proceed in the action
in summary manner or otherwise. The remedy herein provided shall be
exclusive, and no person affected by an order of the Public Officer
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the Public Officer.
The Public 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
powers in addition to others herein granted:
A.
To invest the building or dwelling conditions in the Township in
order to determine which buildings or dwellings therein are unfit
for human habitation, occupancy or use.
B.
To administer oaths, 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 the Public Officer deems necessary to carry out the purposes of
this chapter.
E.
To delegate any of the Public Officer's functions and powers
under this chapter to such officers and agents as he or she may designate.
The Mayor and Township Committee shall prepare an estimate of
the annual expenses or costs to provide the equipment, personnel and
supplies necessary for periodic examinations and investigations of
the buildings or dwellings in the Township for the purpose of determining
the fitness of such buildings or dwellings for human habitation, occupancy
or use, and the enforcement and administration of this chapter, and
shall authorize such appropriation from its revenues as it may deem
necessary for this purpose and may accept and apply grants or donations
to assist it in carrying out the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the courts or any department of the Township to enforce
any provisions of its charter, ordinances, Code 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 by any other law.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine not to
exceed $1,200 or to imprisonment for a period not to exceed 90 days,
or both. Each violation of any of the provisions of this chapter and
each day the same shall continue to be violated shall constitute a
separate, distinct offense.
