[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Director of Housing Services of the Town is hereby designated
as the Director to exercise the powers prescribed by this article,
and he shall serve in such capacity without any additional salary.
[Amended 9-26-1972 by Ord. No. MC 2333; 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No.
MC 3511]
Whenever such dwelling referred to in the housing code shall
have any of the services, facilities, equipment or utilities required
thereunder removed therefrom, shut off or discontinued, or about to
be removed therefrom, shut off or discontinued, the Director of Housing
Services of the Town or his duly authorized agents are hereby authorized
and empowered to arrange for the prompt restoration or continuance
of such items by communicating with the owner or person in charge
of such premises to accomplish such restoration or continuance of
such items.
[Amended 9-26-1972 by Ord. No. MC 2333; 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No.
MC 3511]
A.
Every landowner or person, firm or corporation who leases or lets
to another any dwelling unit wherein the services, facilities, equipment
or utilities referred to in the housing code are included within the
terms of the rental and who fails to maintain and continue such services,
facilities, equipment or utilities or any of same shall be, or where
such services, facilities, equipment or utilities are about to be
removed from, shut off or discontinued to such dwelling and the Director
of Housing Services or his duly authorized agents shall be unable
to have same restored or continued, as the case may be, by communicating
with the owner or his agent of such property, such Director or his
duly authorized agents are hereby authorized and empowered to arrange
for such restoration or continuance, as the case may be, by arranging
for the Town to pay the cost and expenses of such restoration or continuation,
and to certify such costs to the Municipal Council of the Town.
B.
Upon certification by the Director of Housing Services of the costs
and expenses incurred by the Town, the Municipal Council may, by resolution,
assess the amount of such certified costs and expenses against the
lands and premises involved as a paramount lien against same, and
such amount of lien shall be enforced and collected in the same manner
as assessments for local improvements and taxes past due, and the
Tax Collector or officer charged with the enforcement and collection
of assessments for local improvements and taxes shall be charged with
the same duties in regards to the collection and enforcement of the
lien herein created.
[Amended 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
For the purpose of this article, the Director of Housing Services
may determine that a dwelling is unfit for human habitation if he
finds that conditions exist in such dwelling which are dangerous or
injurious to the health or safety of the occupants of such dwelling,
the occupants of neighboring dwellings or other residents of the Town.
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.
Pursuant to the provisions of Chapter 21, P.L. 1946 (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 is hereby accepted, adopted and established
as a standard to be used as a guide in determining the fitness of
a building for human habitation or occupancy or use. A copy of the
New Jersey State Housing Code is annexed to this article and three
copies of the same have been placed on file in the office of the Town
Clerk and are available to all persons desiring to use and examine
the same.
[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Whenever a petition is filed with the Director of Housing Services
by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at
least five residents of the municipality, charging that any dwelling
is unfit for human habitation as herein defined, or whenever it appears
to the Director (on his own motion) that any dwelling is unfit for
human habitation, as herein defined, 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 dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Director or his designated
agent at a place therein fixed not less than 10 days nor more than
30 days after the serving of such 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 Director.
[Amended 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
If, after such notice and hearing, the Director of Housing Services
determines that the dwelling under consideration is unfit for human
habitation, as herein defined, he shall state in writing his findings
of fact and serve upon the owner thereof and parties in interest an
order requiring:
A.
The repair, alteration or improvement of such building to be made
by the owner within a reasonable time, which time shall be set forth
in the order, or, at the option of the owner, to vacate or to have
such building vacated and closed within the time set forth in the
order, and
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 building within the time specified
in the order, that the owner remove or demolish the building within
a reasonable time as specified in the order of removal.
C.
That, 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 Director of Housing Services may cause such building
to be repaired, altered or improved, or to be vacated and closed;
that the Director 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."
D.
That, if the owner fails to comply with an order to remove or demolish
the building, the Director 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.
E.
That the amount of:
(1)
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 article determined in favor of the municipality,
and
(2)
Such cost of such repairs, alterations or improvements, or 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, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Director, he shall sell the
materials of such building. There shall be credited against the cost
of the 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 registered mail. If the total of the credits exceeds such
costs, the balance remaining shall be deposited in the Superior Court
by the Director, 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 section shall be construed to impair or limit in any way the
power of the municipality 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 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Complaints or orders issued by the Director of Housing Services
pursuant to this article shall be served upon persons either personally
or by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by such Director in the exercise
of reasonable diligence, and the Director shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
successive weeks in a newspaper printed and published in the Town.
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 of the county in which the dwelling
is located.
[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 34077-1-2014 by Ord. No. MC 3511]
The Director of the Department of Housing Services 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 article, including the following in addition to others herein
granted:
A.
To investigate the dwelling conditions in the Town 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 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 he deems necessary to carry out the purposes of this article.
E.
To delegate any of his functions and powers under this article to
such officers and agents as he may designate.
Nothing in this article shall be construed to abrogate or impair
the power of the Town or any officer or department to enforce any
provisions of its Charter or its ordinances or regulations nor to
prevent or punish violations thereof, and the powers conferred by
this article shall be in addition and supplemental to the powers conferred
upon the Town by any other law or ordinance.
