[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park by Ord. No. 7-96 (Title 8, Ch. 8.04, of the 1998 Township Code). Amendments noted
where applicable.]
The Township has determined that its existing ordinance concerning
the removal or destruction of decaying buildings within the Township
does not meet the current standards and provisions established within
the existing New Jersey statutes regarding unfit buildings. As such,
the Township Committee wishes to rescind in its entirety the existing
Section Seven of Chapter XII of the Township Code (prior code § 12-7[1]) and further adopt a new ordinance concerning the procedures
to be followed prior to the removal or destruction of unfit buildings.
[1]
Editor's Note: This prior code reference cites the former
General Ordinances of the Township of Edgewater Park, revised 5-23-1994.
The ordinance codified in this chapter is adopted pursuant to
Sections 2.3, 2.3(a), 2.4, 2.5, 2.5(b), 2.6, 2.9 and 2.10 of P.L.
1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.).
As used in this chapter, the following definitions shall apply:
Any building, or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses, and
appurtenances belonging thereto or usually enjoyed therewith.
The holder or holders of title in fee simple.
All individuals, associations and corporations who have an
interest of record in a building and any who are in actual possession
thereof.
For purposes of this chapter the Edgewater Park Township
Board of Health; however, should no Township Board of Health be appointed
at any time in the future, it shall also mean any housing authority
or any officer who is in charge of any department or branch of government
within the Township, county or state relating to health, fire, building
regulations, or other activities concerning buildings within the Township.
For purposes of this chapter the Edgewater Park Township
Building Inspector; however, should no Building Inspector be appointed
or existing at any time in the future, it shall also mean the officer,
officers, board or body who is or are authorized by the ordinance
adopted and codified in this chapter to exercise the powers described
by such ordinance.
The Edgewater Park Township Committee.
The Edgewater Park Township Building Inspector is designated
and appointed as the public officer of the Township in order to exercise
the powers prescribed by this chapter.
The Edgewater Park Board of Health is designated and appointed
as the Township public authority in order to exercise the powers prescribed
by this chapter.
Whenever a petition is filed with the public officer by the
public authority or by at least five registered taxpayers of the Township
of Edgewater Park 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 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 heard before the public officer 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 of the State of New Jersey shall not be controlling in hearings
before the public officer.
A.
If, after notice and hearing, the public officer and the public authority
determine that buildings within the Township under consideration are
unfit for human habitation or occupancy or use, they shall state,
in writing, the 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
and demolish the said building within a reasonable time as specified
in the said order of removal.
B.
If the owner fails to comply with an order to repair, alter or improve
a building, or, at the option of the owner, 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; the public officer
may cause to be posted on the main entrance of any building so closed
a placard notice with the following words: "This building is unfit
for human habitation or 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 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.
A.
The costs associated with filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceeding taken pursuant to this chapter and determined in favor
of the Township and such costs of repair, alteration and improvement,
or vacating and closing, or removing or demolishing, 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 the removal or demolition thereof, 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, the
public officer shall, in its discretion, 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,
levelling 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 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 Township
Tax Assessor or other custodian of records of tax liens 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 by the Township with the Clerk of the Superior
Court, shall be secured in such manner as may be directed by the court,
and shall be disbursed according to an order or judgment of the court
to the persons found to be entitled thereto by final order or judgment
of such court. Any owner or party in interest may, within 30 days
of the date of 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 Township lien
certificate.
If an actual or 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 of the Township may determine that a building
is unfit for human habitation or occupancy or use if the public officer
finds that conditions exist in such building which are dangerous or
injurious to the health or safety of the occupants of such building,
the occupants of neighboring buildings, or other residents; such conditions
shall be deemed to include the following (without limiting the generality
of the foregoing): defects therein increasing the hazards of fire,
accidents or other calamities; lack of adequate ventilation, light
or sanitary facilities; dilapidation; disrepair; structural defects;
uncleanliness; failure to comply with the requirements of the building
code or the certificate of occupancy.
The public officer shall be authorized 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 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 or
occupancy or use;
B.
To administer oaths, affirmations, examine witnesses and receive
evidence;
C.
To enter upon premises for the purpose of making examinations, 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 duties of such officers, agents and employees
as the public officer deems necessary to carry out the purposes of
this chapter; and
E.
To delegate any of its functions and powers under the chapter to
such officers and agents as the public officer may designate.
