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.
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.