The Property Maintenance Official of the Township of Cranford or such other person as the Township Committee may select shall be designated as the public officer to exercise the powers prescribed by this chapter. The Property Maintenance Official may appoint or designate such other public officials or employees of the Township to perform such of the functions and powers under this chapter as are deemed necessary for the enforcement of this chapter, including the making of inspections and holding of hearings.
All premises within the Township covered by this chapter shall be subject to inspection from time to time by the public officer to determine the condition thereof in order to safeguard the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the public officer is hereby authorized to enter, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the public officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
[Amended 2-25-2020 by Ord. No. 2020-02]
A. 
The public officer, pursuant to this chapter, is authorized to prepare, file and serve complaints, notices and orders upon persons either personally or by registered mail.
B. 
Whenever a petition is filed with the public officer by a public authority or by at least five residents charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the public officer (on his own motion) that any building is unfit for human habitation or occupancy or use, the public officer shall, if his preliminary investigation discloses a basis for such changes, 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 officer (or his designated agent) at a place therein fixed not less than seven days nor more than 30 days after the serving of said 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 place and time fixed in the complaint; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer.
C. 
If the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and an affidavit shall be made to that effect, then the serving of such complaint, notice or order upon such persons may be made by publishing the same once in a newspaper printed and published in the Township and once in a newspaper with general circulation in the county. A copy of such complaint, notice or order shall be posted in a conspicuous place on the premises affected by the complaint, notice or order. A copy of such complaint, notice or order shall be duly recorded with the office of the Register of Deeds for Union County.
D. 
If, after such notice and hearing, the public officer determines that the building under consideration is unfit for human habitation or 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 said 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 have the said building vacated and closed within the time set forth in the order; and
(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 said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.
[Amended 2-25-2020 by Ord. No. 2020-02]
The owner thereof and parties of interest shall make the required repairs, alterations or improvements, within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or have the said building vacated and closed within the time set forth in the order.
A. 
If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed and 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. 
If the owner fails to comply with an order to remove or demolish the building, the public officer 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.
[Added 2-25-2020 by Ord. No. 2020-02]
[Amended 2-25-2020 by Ord. No. 2020-02]
A. 
The cost of 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, and the cost of any such repairs, alterations, or improvements or vacating and closing, or removal or demolition, if any, undertaken pursuant to this chapter by the Township 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 public officer, he shall sell the materials of such building. There shall be credited against the cost of the 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 registered mail.
C. 
If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the public officer, 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.
D. 
Any owner or party in interest may, within 30 days from the date of the filing of the municipal lien certificate or demolition 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 either certificate.
E. 
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.
A. 
Who may apply. Where any owner, operator or occupant of real property is required to make repairs or otherwise improve such property and is unable to comply with this chapter without having a right of access to the premises through or across adjoining premises not owned or under control of said person and where right to access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the public officer setting forth the facts and applying for a certificate of necessity, the public officer shall serve written notice of a hearing on said application upon the applicant for such certificate and upon the owner or person empowered to grant such access. Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by N.J.S.A. 40:48-2.7, except that the public officer shall not be required to record or lodge a copy of such notice with the county recording officer of the County of Union. At least 10 days' notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the public officer in the exercise of reasonable diligence, at least 30 days' notice thereof shall be given, calculated from the date of the first newspaper publication thereof.
B. 
Hearing. On the day fixed for hearing, the public officer shall provide opportunity for the owner or person empowered to grant such access to state why such access should not be granted.
C. 
Issuance of certificate; conditions. If the public officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this chapter, then the public officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the public officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set for the bond shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the public officer.
D. 
Refusal to comply with certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this chapter, and, in addition to the penalties provided hereunder, the public officer may, upon affidavit setting forth the facts, apply to the Judge of the Municipal Court of the Township for a warrant authorizing access, and, if the Judge is satisfied as to the matters set forth in said affidavit, the Judge shall authorize the issuance of a warrant permitting access.
A. 
Complaints, orders and certificates of necessity issued by the public officer pursuant to this chapter shall be served and recorded or lodged for record in the manner prescribed by N.J.S.A. 40:48-2.7.
B. 
The public officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purpose and provisions of this chapter, including but not limited to the following, in addition to others herein granted: to administer oaths and affirmations, examine witnesses and receive evidence and to make and adopt such written rules and regulations as the public officer may deem necessary and the Township Committee approves by resolution for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter, nor in anywise alter, amend, add to or supersede any of the provisions hereof. The public officer shall file a certified copy of all such rules and regulations in the offices of the public officer and the Township Clerk.
The public officer shall, in the month of December of each year, review with the Fire Chief, Health Officer, Township Engineer and Township Counsel the procedure and operation of this chapter and report to the Township Committee on or before January 1:
A. 
Any recommended amendments, additions or modifications of the provisions of this chapter consonant with the field experience of the personnel charged with enforcement.
B. 
A summary of the enforcement experiences indicating the number of violations abated, number of cases processed in the Municipal Court, number of inspections made and such other and further pertinent information as will provide the Township Committee with an annual account of the maintenance of the standards required by this chapter.
C. 
Any further recommendations as to how this chapter and the procedures and operations thereunder may be improved.
Except where otherwise provided, any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished as provided in Chapter 1, Article I, of this Code, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 2-25-2020 by Ord. No. 2020-02]
Nothing in this article 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, nor is anything in this act intended to limit the authority of the enforcing agency or construction official under the State Uniform Construction Code Act, N.J.S.A. 40:48-2.5 or any rules or regulations adopted thereunder.