[HISTORY: Adopted by the Township Council
of the Township of Chester 12-6-2016 by Ord. No. 2016-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 78.
Fire prevention — See Ch. 97.
Nuisances — See Ch. 124
Housing standards — See Ch. 184.
[1]
Editor's Note: This ordinance also repealed former Ch. 73,
Unfit Buildings, adopted 6-4-2003.
As used in this chapter, the following terms shall have the
meanings indicated:
Property that is determined to be abandoned pursuant to N.J.S.A
55:19-78et al.
Any building, wall, or structure which is or may become dangerous
to life, or health, or might tend to extend a conflagration.
The Township Administrator, Zoning Officer, or their designee,
is hereby designated as the public officer to exercise the powers
prescribed by this chapter.
For the purpose of this chapter, the public officer may determine
that a building is unfit for human habitation or occupancy or use
if he finds that conditions exist in such building which are or may
become dangerous or injurious to the health or safety of the occupants
of such building, the occupants of neighboring buildings or other
residents of the Township of Chester. Such conditions may include
the following, without limiting the generality of the foregoing:
Pursuant to the provisions of Chapter 21, Public Law 1946 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code (1980 Revision), as approved by the Department of Community Affairs 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.
Whenever a petition is filed with the public officer, Zoning
Officer, or the Township Administrator 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 building is unfit for human habitation or occupancy
or use as herein defined, or whenever it appears to the public officer,
on his own motion, that any building is unfit for human habitation
or occupancy or use, 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 building
a complaint stating the charges in that respect and containing a notice
that:
A.
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.
B.
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 complaints.
C.
The rules of evidence prevailing in courts of law or equity shall
not be controlling in the hearings.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, as herein defined, 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 requiring that:
A.
The repair, alteration or improvement of the said building 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
building vacated and closed within the time set forth in the order.
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 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.
C.
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 public officer 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.
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.
E.
The amount of:
(1)
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 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 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 cost
of clearing 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. 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 such Court. 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 or the accuracy of the costs set forth in the municipal
lien certificate.
F.
If any actual and immediate danger to life is imposed by the threatened
collapse of any fire-damaged or 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.
G.
Nothing in this section shall be construed to impair or limit in
any way the power of the Township to define and declare nuisances
to cause their removal or abatement, by summary proceedings or otherwise,
nor is anything in this chapter intended to limit the authority of
the Construction Code Official under the State Uniform Construction
Code Act (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations
adopted thereunder.
Complaints or orders issued by the public officer pursuant to
this chapter 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 said public officer in the exercise
of reasonable diligence, and the public officer 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 in a newspaper printed
and published in the County of Morris and circulated in the Township.
A copy of such complaint or order shall be posted in a conspicuous
place on 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 Morris County.
Pursuant to the provisions of the Public Laws of 2014, Chapter
35, a creditor filing a summons and complaint to foreclose a lien
on a residential property that is vacant and abandoned, whether the
filing of the summons and complaint is made before or after the determination
that the property is vacant and abandoned, shall be responsible for
the care, maintenance, security, and upkeep of the exterior of the
residential property. This obligation applies whether the determination
that the property is vacant and abandoned is made by the public officer
pursuant to the provisions of this chapter or pursuant to the provisions
of N.J.S.A. 2A:50-73, or otherwise.
If the public officer, or other authorized municipal official,
determines that a creditor obligated to care, maintain, secure and
keep up a vacant and abandoned property has failed to do so in violation
of the provisions of this chapter, the public officer or other authorized
municipal official shall issue a notice of violation to the creditor
that has filed a summons and complaint to foreclose on the property
in question. The notice shall require the person or entity to correct
the violation within 30 days of receipt of the notice or within 10
days of receipt of the notice if the violation presents an imminent
threat to public health and safety. The issuance of this notice shall
constitute evidence that a property is vacant and abandoned for purposes
of N.J.S.A. 2A:50-73.
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to Subsection
a(1) of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court
of competent jurisdiction to have violated this provision shall be
subject to a fine of $2,500 for each day of the violation commencing
on the day after the ten-day period set forth in Subsection a(1) of
N.J.S.A. 46:10B-51 with respect to notifying the Municipal Clerk that
an action to foreclose on the property has been filed.
Any person aggrieved by an order issued by a public officer
under this chapter may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
public officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the public officer
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the public officer.
The public officer 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 conditions of buildings in the Township of Chester
in order to determine which buildings therein are unfit for human
habitation.
B.
To administer oaths and affirmations, examine witnesses and receive
evidence.
C.
To enter upon premises for the purpose 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 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.
Nothing in this chapter shall be construed to abrogate or impair
the power of the Township 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 chapter shall be in addition and supplemental to the powers
conferred upon the Township by any other law or ordinance.
In the event any building or structure is removed or demolished
pursuant to this chapter, because it is found to be dangerous to human
life or the public welfare or because it constitutes a fire hazard,
the Township Council, in addition to assessing the cost of such removal
or demolition as a municipal lien against the premises, may enforce
the payment of such assessment, together with interest, as a debt
of the owner of the premises and may authorize the institution of
an action at law for the collection thereof. The Superior Court shall
have jurisdiction over any such action..
A.
No person shall occupy as owner 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 (1980 Revision), established herein, which shall also be utilized
as a standard to be used in determining whether a dwelling is safe,
sanitary and fit for human habitation and rental.
B.
The public officer is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units
and premises located within the Township of Chester in order that
he may perform the duty of safeguarding the health and safety of the
occupants of the dwellings and of the general public. For the purpose
of making such inspections, the public officer is hereby authorized
to enter and examine and survey at all reasonable times all dwellings,
dwelling units, rooming units and premises.
C.
Whenever the public officer determines that there are reasonable
grounds that there has been a violation of any provision of the New
Jersey State Housing Code, he shall give notice of such alleged violation
to the person or persons responsible therefor setting forth in detail
a statement of the reasons and a reasonable time for the correction
of the condition. Service of the notice shall be either made personally
upon the owner or agent or by a copy thereof being sent by certified
mail to his last known address or by any other method authorized or
required by the laws of the State of New Jersey. Any person affected
by any notice may request a hearing from the Township Administrator,
Zoning Officer, or Public Officer and shall be granted the same within
15 days of request, provided that a written petition requesting the
hearing and setting forth a brief statement of the grounds shall be
served on the public officer and filed with the Office of the Township
Administrator. The hearing shall be within 30 days of the date of
the receipt of the request. At the hearing, the petitioner shall be
given opportunity to be heard and to show why the notice should be
modified or withdrawn. The Administrator, Zoning Officer, or Public
Officer, after the hearing, shall sustain, modify or withdraw the
notice, in writing.
Except as set forth in § 73-10 and herein, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in this Code. A creditor required to care, maintain, secure and keep up a property under this chapter cited in a notice issued pursuant to § 73-9 shall be subject to a fine of $1,500 for each day of the violation.
