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) and further adopt a new ordinance concerning the procedures
to be followed prior to the removal or destruction of unfit buildings.
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:
BUILDING
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.
OWNER
The holder or holders of title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have an
interest of record in a building and any who are in actual possession
thereof.
PUBLIC AUTHORITY
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.
PUBLIC OFFICER
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 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.
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.
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.