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.
[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.
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.
[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.