[HISTORY: Adopted by the Township Council of the Township
of Denville by Ord. No. 8/60 (Ch.
11, Sec. 11-7, of the 1978 Revised General Ordinances). Amendments
noted where applicable.]
The Township Council has adopted a resolution finding that there
exists in the Township a building or buildings which are unfit for
human habitation, or occupancy, or use due to dilapidation, defects
increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitation facilities, or due to other conditions
rendering such building or part thereof, unsafe, or unsanitary, or
dangerous, or detrimental to the health or safety, or otherwise, inimical
to the welfare of the residents of the Township.
As used in this section:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and shall include any appurtenances
belonging thereto or usually enjoyed therewith.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Township, county
or state relating to health, fire, building regulations or to other
activities concerning buildings in the Township.
The Construction Official is hereby designated to exercise the
powers prescribed in this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Whenever a petition is filed with the Construction Official
by a public authority, 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 Official (on his
motion) that any building is unfit for human habitation, occupancy
or use, the Construction Official 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 will be held before the Construction Official (or his designated
agent) 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 place and time fixed in the complaint. The
rules of evidence prevailing in the courts shall not be controlling
in hearings before the Construction Official.
If after such notice and hearing the Construction Official determines
that the building under consideration is unfit for human habitation,
occupancy or use, he shall state, in writing, his finding 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:
A.
Requiring the repair, alteration or improvement of the 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 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 building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
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 Official may cause such building to be
repaired, altered or improved or to be vacated and closed. The Construction
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, occupancy or use; the use or occupancy of this
building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official 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.
A.
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 section determined in favor of the Township; and
B.
The 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 lien in favor
of the Township against the real property with respect to which such
cost was incurred. If the building is removed or demolished by the
Construction Official, he shall sell the materials of such buildings.
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 Tax Assessor 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 Construction Official
all in accordance with the provisions of N.J.S.A. 40:48-2.5.
The Construction Official may determine that a building is unfit
for human habitation, occupancy or use upon finding that conditions
exist in such building that are dangerous or injurious to the health
or safety of the occupants of the building, the occupants of neighboring
buildings or other residents 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Complaints or orders issued by the Construction Official pursuant
hereto shall be served upon persons either personally or by registered
mail, but if the whereabouts of such persons are unknown and same
cannot be ascertained by the Construction Official in the exercise
of reasonable diligence and the Construction Official 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 Township or, in the absence of such newspaper,
in one printed and published in the county and circulating 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. A copy of
the complaint or order shall be recorded or lodged for recording in
the office of the County Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any person aggrieved by an order issued by the Construction
Official under this section may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the Construction Official from carrying out the provisions
of the order and for any other appropriate relief.
The Construction Official is hereby authorized to exercise such
powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this section, including the following
powers in addition to others herein granted:
A.
To investigate the building conditions within the Township in order
to determine which buildings therein are unfit for human habitation,
occupancy or use.
B.
To administer oaths, affirmation, examine witnesses and receive evidence.
C.
To enter upon premises for the purpose of making examinations; provided,
that the 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 agent or agents as he deems
necessary to carry out the purposes of this section.
E.
To delegate any of his functions or powers under this section to
such agent or agents as he may designate.
