[HISTORY: Adopted by the Township Committee of the Township
of Mendham by Ord. No. 18-1970 (Sec. 25-2 of the 1998 Revised General Ordinances). Amendments
noted where applicable.]
In accordance with the provisions of 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 on January 31, 1962, is hereby adopted as a
standard governing supplied utilities and facilities and other physical
things and conditions essential to making dwellings safe, sanitary
and fit for human habitation, occupancy or use, and governing the
condition of dwellings. A copy of the New Jersey State Housing Code
is attached to and made a part of this chapter without the text being
included herein.
[Amended by Ord. No. 1-1977]
Three copies of the New Jersey State Housing Code 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.
[Amended by Ord. No. 1-1977]
The administrative and enforcing authority for the provisions
of this chapter shall be the Construction Official.
[Amended by Ord. No. 1-1977]
This chapter shall constitute the standards to guide the Construction
Official in determining the fitness of any dwelling, dwelling unit,
rooming unit or premises for human habitation, use or occupancy.
[Amended by Ord. No. 1-1977]
The Construction Official may make rules and regulations which
interpret or amplify any provision of this chapter or for the purpose
of making the provisions of this chapter more effective. No regulation,
however, shall be inconsistent with or alter or amend any provision
of this chapter, and no regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly
or by implication imposed by any provision of this chapter. Rules
and regulations shall be subject to the same penalty as other violations
of this chapter.
[Amended by Ord. No. 1-1977]
The Construction Official or his/her agents or employees shall
make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Township. For
the purpose of making inspections, the Construction Official or his/her
agents are authorized to enter and examine any dwelling, dwelling
unit, rooming unit or premises at such reasonable hours as the circumstances
of the case permit. This section shall not be construed to prohibit
the entry of the Construction Official or his/her agents at any time
when an actual emergency exists which tends to create a danger to
public health or safety, or at any time when an inspection is requested
by an owner or occupant.
[Amended by Ord. No. 1-1977]
The owner, occupant or person in charge of a dwelling, dwelling
unit or rooming unit shall give the Construction Official or his/her
agents, upon presentation of proper identification, free access to
the premises for the purpose of inspection or of making any repairs
or alterations which are necessary to effect compliance with this
chapter.
[Amended by Ord. No. 1-1977]
The Construction Official or his/her agents may, upon affidavit,
apply to the Judge of the Municipal Court of the Township for a search
warrant setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a nuisance or violation
of this chapter exists on the premises, and if the Municipal Judge
is satisfied as to the matter set forth in the affidavit, he/she shall
authorize the issuance of a search warrant permitting access to and
inspection of that part of the premises in which the nuisance or violation
may exist.
[Amended by Ord. No. 1-1977]
Whenever the Construction Official determines that there are
reasonable grounds to believe that there has been a violation of any
provision of this chapter or of any rule or regulation adopted pursuant
thereto, he/she shall give notice of the alleged violation to the
person or persons responsible therefor as hereinafter provided. The
notice shall:
B. Include a statement of the reasons why it is being issued;
C. Allow a reasonable time for the performance of any act it requires;
D. Be served upon the owner or his/her agent, or the occupant, as the
case may require; provided that notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him/her personally; or if a copy thereof is
sent by certified mail to his/her last known address; or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice; or if he/she is served with such notice by
any other method authorized or required under the laws of this state.
The notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
[Amended by Ord. No. 1-1977]
A. Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this chapter, or of any
rule or regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Construction Official,
provided such person shall file in the office of the Construction
Official a written petition requesting a hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice is served. Upon receipt of the petition, the Construction
Official shall set a time and place for the hearing and shall give
the petitioner written notice thereof. At the hearing, the petitioner
shall be given an opportunity to be heard and to show why the notice
should be modified or withdrawn. The hearing shall be commenced not
later than 10 days after the day on which the petition is filed; provided
that upon application of the petitioner, the Construction Official
may postpone the date of the hearing for a reasonable time beyond
the ten-day period, if in his/her judgment the petitioner has submitted
a good and sufficient reason for the postponement.
B. After the hearing before the Construction Official, he/she shall
sustain, modify, or withdraw the notice, depending upon his/her findings
as to whether the provisions of this chapter and the rules and regulations
adopted pursuant thereto have been complied with. If the Construction
Official sustains or modifies the notice, it shall be deemed to be
an order. Any notice served pursuant to this chapter shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Construction Official within 10 days after the notice
is served. The proceedings at the hearings, including the findings
and the decision of the Construction Official, shall be summarized,
reduced to writing, and entered as a matter of public record in the
office of the Construction Official. The record shall also include
a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Construction Official
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state. Whenever the Construction Official
finds that an emergency exists which requires immediate action to
protect public health or safety, he/she may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as he/she deems necessary to meet the emergency.
Notwithstanding the other provisions of this chapter, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the Construction
Official shall be afforded a hearing as soon as possible. After such
hearing, depending upon his/her findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Construction Official shall continue
such order in effect, or modify it, or revoke it.
[Amended by Ord. No. 1-1977]
Whenever a petition is filed with the Construction Official
by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least
five residents of the Township charging that any dwelling is unfit
for human habitation as defined in the Housing Code; or whenever it
appears to the Construction Official on his/her own motion that any
dwelling is unfit for human habitation, he/she shall, if his/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 dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Construction Official at a
place therein fixed not less than 10 days nor 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 complaints; and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Construction Official.
[Amended by Ord. No. 1-1977]
A. If after notice and hearing, as provided above, the Construction
Official determines that the dwelling is unfit for human habitation,
as defined in the Housing Code, he/she shall state in writing his/her
findings of fact in support of such determination and shall cause
to be served upon the owner thereof and parties in interest an order
requiring:
(1) The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which shall be set forth in
the order, or at the option of the owner, to vacate or to have the
building vacated and closed within the time set forth in the order.
(2) 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, that the owner shall remove or demolish the
building within a reasonable time as specified in the order of removal.
(3) 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 Official may cause such building to be repaired, altered
or improved, or to be vacated and closed; that the Construction Official
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 occupancy of this building
is prohibited and unlawful."
(4) If the owner fails to comply with an order to remove or demolish
the building, the Construction Official 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.
(5) 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; the cost of repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amounts 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.
B. If the building is removed or demolished by the Construction Official,
he/she shall sell the materials of such building. There shall be credited
against the cost of 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 certified 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; provided, however,
that 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. 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.
[Amended by Ord. No. 1-1977]
Complaints or orders issued by the Construction Official pursuant
to this chapter shall be served persons either personally or by certified
mail, but if the whereabouts of such persons is unknown and the same
cannot be ascertained by the Construction Official in the exercise
of reasonable diligence, and the Construction Official shall make
an affidavit to that effect, then the serving of the complaint or
order upon such persons may be made by publishing the same once each
week for two successive weeks 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 Morris County Recording Officer.
[Amended by Ord. No. 1-1977]
The Construction Official 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 in order to
determine which dwellings therein are unfit for human habitation.
B. To administer oaths, affirmations, examine witnesses and receive
evidence.
C. To enter upon premises for the purposes 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/she deems necessary to carry out the purpose of this chapter.
E. To delegate any of his/her functions and powers under this chapter
to such officers and agents as he/she may designate.
No person shall occupy as owner or occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.