[Amended 4-7-2020 by Ord. No. 20-016]
The provisions of this article shall be enforced by the Director of Community and Economic Development as the Chairperson of and with assistance of the Board of Public Officers as established by Chapter
5, Part
5, Article
XIX, Board of Public Officers.
[Amended 10-17-2012 by Ord. No. 12-042]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUILDING Any residential, commercial or other building or structure or part thereof, whether used for human habitation or otherwise, and includes any outhouses and appurtenances belonging thereto.
OWNER The holder of the title in fee simple.
PARTIES IN INTEREST All individuals, associations and corporations who have interests of record in a building, and any who are in actual possession.
PROPERTY Any building or structure and the land appurtenant thereto.
PUBLIC AUTHORITY Any housing authority or any officer who is in charge of any department or branch of the government of the Township relating to health, fire or building regulations or to other activities concerning buildings in the Township.
PUBLIC OFFICERS The Director of Community and Economic Development as the Chairperson of the Board of Public Officers of the Township as defined in §
146-1.
[Amended 4-7-2020 by Ord. No. 20-016]
QUALIFIED REHABILITATION ENTITY An entity organized or authorized to do business under the New Jersey statutes which shall have as one of its purposes the construction or rehabilitation of residential or nonresidential buildings, the provision of affordable housing, the restoration of abandoned property, the revitalization and improvement of urban neighborhoods, or similar purpose, and which shall be well qualified by virtue of its staff, professional consultants, financial resources, and prior activities set forth in P.L. 2003, c.210 (N.J.S.A. 55:19-78 et al.) to carry out the rehabilitation of vacant buildings in urban areas.
UTILITY Any electric or natural gas public utility that is regulated under the jurisdiction of the Board of Public Utilities.
Whenever a petition is filed with the public officers by a public authority or by at least five residents of the Township, charging that any building is unfit for human habitation or occupancy, or whenever it appears to the public officers on their own motion that any building is unfit for human habitation, they shall, if their 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 officers at a place therein fixed not less than seven days and not more than 30 days after the serving of the 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 complaint, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officers.
[Amended 5-6-2009 by Ord. No. 09-011; 10-17-2012 by Ord. No. 12-042]
A. If the owner fails to comply with an order under this article to repair, alter or improve, or, at the option of the owner, to vacate and close the building, the public officers may cause such building to be repaired, altered or improved, or to be vacated and closed. The public officers 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. Posting of notice. Any dwelling or multifamily dwelling declared as "unfit for human habitation" shall be posted with a placard by the Construction Official. The placard shall include the following:
(2) The name of the authorized department having jurisdiction;
(3) The chapter and section of the ordinance under which it is issued;
(4) 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;
(5) The date that the placard is posted;
(6) A statement of the penalty for defacing or removal of the placard. 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 Official.
C. Vacating of unfit building. Any dwelling or multifamily dwelling which has been declared and placarded as unfit for human habitation by the Construction Official shall be vacated within a reasonable time, as required by the Construction 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 Official as unfit for human habitation after the date set forth in the placard.
D. Reoccupancy of unfit building. 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 Official. The Construction Official shall remove the placard whenever the defect or defects upon which the declaration and placard action were based have been eliminated and the proper certificate of approval for occupancy has been obtained from the Construction Official.
E. Vacant buildings. If for any reason a building remains
vacant or untended for a period of 90 days, the owner shall close and secure all windows, doors and other openings so that access into the building is prevented. The early detection and containment of fire being a valid municipal concern, the boarding up of doors and windows shall not be permitted except with the permission of the enforcement authority, as constituted under §
146-16, in emergency situations. When doors and windows are boarded up, they shall be covered with no less than 1/2 inch exterior plywood or equivalent which shall be the same color as the building exterior. In no case shall the boarding up of doors and windows be permitted in excess of 60 days without authorization from the enforcing authority. 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 and a certificate of approval for occupancy has been issued by the Department of Community and Economic Development. Whenever a structure deemed unfit for human habitation or dangerous to life and health remains
vacant for a period of at least six months, proceedings shall be instituted against the owner in accordance with provisions of Article
I, Unfit Dwellings, of this chapter.
[Amended 4-7-2020 by Ord. No. 20-015]
F. If the owner fails to comply with an order to remove or demolish the building, the public officers may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement and receipt of bids therefor.
Complaints or orders issued by the public officers pursuant to this article shall be served upon persons either personally or by certified mail, but, if the whereabouts of such person are unknown and the person's whereabouts cannot be ascertained by the public officers in the exercise of reasonable diligence, and the public officers shall make an affidavit to that effect, then the serving of the complaint or order upon such person may be made by publishing the complaint or order once in a newspaper having circulation in the Township. 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.
The public officers are 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 article, including the following in addition to others granted in this article:
A. To investigate the dwelling conditions in the Township in order to determine which dwellings therein are unfit for human habitation or 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.
D. To appoint and fix the duties of such officers, agents and employees as they deem necessary to carry out the purpose of this article.
E. To delegate any of their functions and powers under this article to such officers and agents as they may designate.
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Added 10-17-2012 by Ord. No. 12-042]
The penalties set forth in Chapter
1, General Provisions, §
1-2, Violations; penalties, of the Code of the Township of Hamilton shall be imposed for each violation of this article for which the culpable party is found responsible. Such fines shall only be issued by the Municipal Court after entertainment of the summons and proper due process provided. Each day a violation exists may be considered a separate violation for penalty purposes.