[HISTORY: Adopted by the Township Committee (now Mayor and
Council) of the Township of Berlin 12-7-1948 (Ch. 46 of the 1976 Code). Amendments
noted where applicable.]
[Amended 6-2-1976 by Ord. No. 76:6]
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, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith.
The municipal employee designated by the governing body as
the person with authority to exercise the enforcement powers prescribed
by this chapter.
[Added 7-11-2016 by Ord.
No. 2016-12]
The Mayor and Council of the Township of Berlin.
The municipal employee designated by the governing body as
the person with authority to conduct hearings and to make determinations
as a result thereof as prescribed by this chapter.
[Added 7-11-2016 by Ord.
No. 2016-12]
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 housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to the health, fire or building regulations or other
activities concerning buildings in the municipality.
Wherever "public officer" appears in this chapter, the designation
should be changed to "Construction Official."
[Amended 2-17-1987 by Ord. No. 1-1987]
[Amended 6-2-1976 by Ord. No. 76:6]
Any building which now exists or which hereafter may exist which
is 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 sanitary facilities or due to other
conditions rendering such buildings unsafe or unsanitary or dangerous
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of the Township of Berlin shall be repaired,
closed or demolished in accordance with the provisions herein provided.
[Amended 7-11-2016 by Ord. No. 2016-12]
A.
The Property Maintenance Official shall serve as the enforcing officer
for purposes of enforcing the provisions of this chapter.
B.
The Township Engineer shall serve as the hearing officer for purposes
of conducting demolition hearings and making decisions thereon as
provided for in this chapter.
[Amended 6-2-1976 by Ord. No. 76:6; 2-17-1987 by Ord. No. 1-1987; 7-11-2016 by Ord. No. 2016-12]
Whenever a petition is filed with the enforcing officer by a
public authority or by at least five residents of the Township of
Berlin charging that any building is unfit for human habitation or
occupancy or use, or whenever it appears to the enforcing officer
(on his own motion) that any building is unfit for human habitation,
the enforcing 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 hearing officer at a place therein fixed not less
than seven days nor more than 30 days after the serving of said complaint.
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. The
rules of evidence prevailing in courts of law or equity shall not
be controlling in hearings before the public officer.
[Amended 6-2-1976 by Ord.
No. 76:6; 7-11-2016 by Ord. No. 2016-12]
If, after issuance of the complaint and notice thereof and the hearing thereon required by § 112-4, the hearing officer determines that the building under consideration is unfit for human habitation, occupancy or use, he or she 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 any parties in interest an order:
A.
Requiring the repair, alteration or improvement of the said building
to be made by the owner, within a reasonable time as shall be set
forth in the order or, at the option of the owner, to vacate or have
said building vacated and closed within the times 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, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said order.
[Amended 6-2-1976 by Ord. No. 76:6]
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. 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; the use or occupation of this building for human habitation
is prohibited and unlawful."
[Amended 6-2-1976 by Ord. No. 76:6]
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.
[Amended 6-2-1976 by Ord. No. 76:6; 2-17-1987 by Ord. No. 1-1987]
The amount of the cost of the 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 of Berlin, and such cost of such repairs, alterations
or improvements or vacating and closing or removal or demolition,
if any, for 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
Construction Official, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
thereof, including the clearance and, if necessary, leveling of the
site, the proceeds of the 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 Construction Official, 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. Any owner or party in interest may, within 30 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 accuracy of the costs set forth in the municipal lien certificate.
[Amended 6-2-1976 by Ord. No. 76:6; 7-11-2016 by Ord. No. 2016-12]
The said hearing officer may determine that a building is unfit
for human habitation, 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 Berlin. Without limiting
the generality of the foregoing, such conditions may include the following:
defects therein increasing the hazards of fire, accident or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair; structural defects; uncleanliness.
[Amended 2-17-1987 by Ord. No. 1-1987; 7-11-2016 by Ord. No. 2016-12]
Any complaint or complaints, order or orders issued by the said
enforcing officer pursuant to the provisions of this chapter shall
be served upon persons, either personally or by registered mail, but
if the whereabouts of such persons are unknown and the same cannot
be ascertained by the enforcing officer in the exercise of reasonable
diligence, the enforcing officer shall make an affidavit to that effect,
and 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 Camden. A copy of such complaint or order
shall be posted in a conspicuous place on premises affected by the
complaint or order. A copy of such complaint or order shall be duly
recorded or lodged for record with the Clerk of the County of Camden.
[Amended 6-2-1976 by Ord.
No. 76:6; 7-11-2016 by Ord. No. 2016-12]
The enforcing 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 any others granted by statute:
A.
To investigate the building conditions in the Township of Berlin
in order to determine which buildings therein are unfit for human
habitation or occupancy or use;
B.
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
C.
To appoint and fix the duties of such agents and/or employees as
he deems necessary to carry out the purposes of this chapter.
[Added 7-11-2016 by Ord.
No. 2016-12[1]]
The hearing 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 power to administer
oaths and affirmations, examine witnesses and receive evidence.
[Added 6-14-1982 by Ord. No. 82:9]
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 Department of
Health and Conservation and Economic Development and filed in the
Secretary of State's Office is hereby accepted, adopted and established
as the standards to be used as a guide in determining the fitness
of a building for human habitation, occupancy or use. A copy of the
New Jersey State Housing Code is annexed to this chapter,[1] and three copies of the same have been placed on file
in the office of the Township Clerk and are available to all persons
desiring to use and examine the same. Said New Jersey Housing Code
is hereby adopted in its entirety.
[1]
Editor's Note: The New Jersey State Housing Code, referred
to herein, may be found on file in the office of the Township Clerk,
attached to Ord. No. 82:9.
