[HISTORY: Adopted by the Township Committee of the Township
of Holland 7-15-2014 by Ord. No. 2014-11. Amendments noted where applicable.]
A.
The Construction Code Official of the Township is hereby designated
as the officer to exercise the powers prescribed by this chapter and
he shall serve in such capacity without any additional salary.
B.
The Mayor and Committee, as an agency of the Township or its designee,
are authorized to administer this chapter, and the words "administrative
authority" as used in this chapter shall refer to the Mayor and Council
of the Township of Holland.
For the purpose of this chapter, the Construction Code Official
may determine that a building is unfit for human habitation, occupancy
or use if he finds that conditions exist therein which are dangerous
or injurious to the health or safety of occupants or users of such
building, the occupants or users of neighboring buildings or other
residents or visitors 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 or uncleanliness; noncompliance with
New Jersey State Housing Code.
Whenever a petition is filed with the Construction Code 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 building is unfit
for human habitation, occupancy or use, or whenever it appears to
the Construction Code Official (on his own motion) that any building
is unfit for human habitation, occupancy or use, he 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 shall be held before the Construction
Code Official at a place therein fixed not less than seven days nor
more than 30 days after the serving of the 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 time and place fixed in the complaint. The rules of evidence
prevailing in courts of law or equity shall not be controlling in
hearings before the Construction Code Official.
A.
If after notice and hearing, as provided above, the Construction
Code Official determines that the building under consideration is
unfit for human habitation, occupancy or use, he shall state in writing
his 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:
(1)
Requiring 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 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, the owner shall remove or demolish the building within
a reasonable time as specified in the order of removal.
B.
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; and the Construction
Code 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 occupation of
this building is prohibited and unlawful."
C.
If the owner fails to comply with an order to remove or demolish
the building, the Construction Code Official, with the permission
of the Township Committee and in accordance with proper municipal
practices, 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.
D.
If the building is removed or demolished by the Construction Code
Official, with the permission of the Township Committee, he shall
sell the materials of such building. There shall be credited against
the cost of removal or demolition thereof, including the clearance
and, if necessary, leveling of the site, 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 Code 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 that nothing
in this section 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 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 of the
accuracy of the costs set forth in the municipal lien certificate.
The following costs shall become a municipal lien against the
real property upon which such cost was incurred:
A.
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; and
B.
The cost of such repairs, alterations or improvements or of vacating
and closing or removal or demolition, 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 from any
contract for removal or demolition thereof.
Complaints or orders issued by the Construction Code Official
pursuant to this chapter shall be served upon persons either personally
or by certified mail, but if the whereabouts of such persons is unknown
and cannot be ascertained by the Construction Code Official in the
exercise of reasonable diligence, and the Construction Code Official
makes an affidavit to that effect, then the serving of the complaint
or order upon such persons may be made by publishing it once in a
newspaper having circulation in the Township. A copy of the complaint
or order shall be posted in a conspicuous place on the premises affected
by the complaint or order and copy shall be recorded or lodged for
record with the Hunterdon County recording officer.
The Construction Code Official is 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 are unfit for human habitation.
B.
To administer oaths, affirmations, examine witnesses and receive
evidence.
C.
To enter upon premises for the purpose of making examination, provided
that entry is made in such manner as to cause the least possible inconvenience
to the persons in possession and is consistent with law.
D.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
The owner of any building located within the limits of the Township who desires to demolish it pursuant to an order issued under this chapter shall first obtain a permit for that purpose from the Construction Code Official and pay a fee as provided for in Chapter 83, Fees, for each building or structure to be demolished. The fee shall be paid prior to the issuance of any such permit.
