[HISTORY: Adopted by the Township Committee
of the Township of Stillwater 4-2-1991 by Ord. No. 91-11 (§ 10-2 of
the 1971 Revised General Ordinances). Amendments noted where applicable.]
Whenever a petition is filed with the Building
Inspector by a public authority as defined in N.J.S.A. 40:48-2.4 or
by at least five residents of the Township charging that any building
is unfit for human habitation as defined in the Housing Code, or whenever
it appears to the Building Inspector on his own motion that any building
is unfit for human habitation, 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
hearing shall be held before the Building Inspector or his designated
agent at a place therein fixed not less than 10 days nor more than
30 days after the serving of the 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 complaints and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Building Inspector.
A.
If after notice and hearing, the Building Inspector
determines that the building under consideration is unfit for human
habitation, as defined in this chapter, 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 the repair, alteration or improvement of the building
to be made by the owner within a reasonable time, which shall be set
forth in the order, or at the option of the owner, to vacate or to
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, the owner shall remove or demolish
the building within a reasonable time as specified in the 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, vacate and close
the building, the Building Inspector may cause such building to be
repaired, altered or improved or to be vacated and closed; the Building
Inspector 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 Building Inspector may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor.
E.
The amount of the following costs shall be a municipal
lien against the real property upon which such costs were incurred:
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 chapter determined in favor of the Township and the
cost of repairs, alterations or improvements or vacating and closing
or removal or demolition, if any, or the amounts 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.
F.
If the building is removed or demolished by the Building
Inspector, he shall sell any salable materials of such building. There
shall be credited against the cost of 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 certified mail. If the
total of the credits exceeds such costs, the balance remaining shall
be deposited in the Superior Court by the Building Inspector, 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 that nothing in this chapter shall be construed
to impair or limit in any way the power of the Township to define
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 of the accuracy of the costs set forth in the municipal lien
certificate.
Complaints or orders issued by the Building
Inspector pursuant to this chapter shall be served upon persons either
personally or by certified mail, but if the whereabouts of such persons
are unknown and the same cannot be ascertained by the Building Inspector
in the exercise of reasonable diligence and the Building Inspector
makes an affidavit to that effect, then the serving of the complaint
or order upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper having circulation
in the Township. 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 Sussex County recording officer.
The Construction Official is authorized and
empowered, as may be necessary or convenient, to carry out and effectuate
the purposes and provisions of this chapter, to exercise the following
powers, in addition to others herein granted:
A.
To investigate the building conditions in the Township
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 a 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 purpose of this
chapter.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
No person shall occupy as owner or occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which dwelling or dwelling unit does not conform to the provisions of Chapter 229, Housing Standards, of the Code of the Township of Stillwater, established by this chapter as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 10-16-2012 by Ord. No. 2012-7; 2-18-2014 by Ord. No.
2014-2; 10-17-2017 by Ord. No. 2017-12]
At the time of initial occupancy or a change of occupancy of
any dwelling unit, the owner of the same shall make application to
the Construction Department for a certificate of habitability. The
Construction Department shall make an inspection for the sole purpose
of determining whether or not the dwelling unit complies with N.J.S.A.
52:27D-133.3 and 52:27D-198.1. Such dwelling unit shall be equipped
with at least one carbon monoxide sensor device, or the Construction
Official shall determine that there is no potential carbon monoxide
hazard in the dwelling unit. In addition, the Construction Official
shall require, in accordance with the aforesaid statutes, a smoke-sensitive
alarm device on each level of the structure and outside each separate
sleeping area. A battery-operated, smoke-sensitive alarm device shall
be accepted as meeting the requirements. In addition, each such dwelling
unit shall have a portable fire extinguisher as defined in the state
statute. The fees for certifications of occupancy/smoke detector (including
carbon monoxide detector and fire extinguishers) shall be as follows:
