[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as Title 8, Ch. 8.28, of the 1998 Township Code.
Amendments noted where applicable.]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A.
40:49-5.1), the New Jersey State Housing Code as approved by the Departments
of Health and Conservation and Economic Development and filed in the
Secretary of State's office is accepted, adopted and established
as a standard to be used as a guide in determining the fitness of
a building for human habitation or occupancy or use. A copy of the
New Jersey State Housing Code is annexed to the ordinance codified
in this chapter and three copies of the same have been placed on file
in the office of the Township Clerk and are available to all persons
desiring to use and examine the same.
The Burlington County Health Department is designated as the
authorized agent or enforcing officer to exercise the powers described
by this chapter.
[Amended 7-26-2000 by Ord. No. 11-2000]
For the purpose of this chapter the Burlington County Health
Department or appropriate Township officer or inspector may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in such dwelling which are dangerous or injurious to the health
or safety of the occupants of such dwelling, the occupants of neighboring
dwellings 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.[1]
[1]
Editor's Note: Original Sec. 8.28.040 of the 1998 Township
Code, Petition; hearing, which previously followed this section, was
repealed 7-26-2000 by Ord. No. 11-2000.
[Added 2-3-2009 by Ord.
No. 2009-2]
Whenever the Health Officer
finds that an emergency exists which requires immediate action to
protect the public health or safety, he may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as he deems necessary to meet the emergency.
Notwithstanding any other provisions of this chapter, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the Health
Officer shall be afforded a hearing as soon as reasonably possible.
After such hearing, depending upon his findings as to whether the
provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with, the Health Officer shall
continue such order in effect, modify it or revoke it.
[Amended 7-26-2000 by Ord. No. 11-2000]
If the Burlington County Health Department, or appropriate Township
officer or inspector, determines that the dwelling under consideration
is unfit for human habitation, as defined in this chapter, a notice
of same shall issue and be served upon the owner thereof, and parties
of interest requiring that:
A.
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 to
have said building vacated and closed within the time set forth in
the order; and
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 said building within the time
specified in the order, that the owner remove or demolish the said
building within a reasonable time as specified in the said 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, to vacate and close the building,
the Burlington County Health Department, or appropriate Township officer
or inspector, may cause such building to be repaired, altered or improved,
or to be vacated and closed; that the Burlington County Health Department,
or appropriate Township officer or 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 Burlington County Health Department, or appropriate
Township officer or inspector, 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;
E.
The amount of 1) 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
municipality; and 2) such 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
municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished at the direction
of the Burlington County Health Department, or appropriate Township
officer or inspector, he shall sell the materials of such building.
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 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. If the
total of the credits exceed such costs, the balance remaining shall
be deposited in the Superior Court by the Burlington County Health
Department, or appropriate Township officer or 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, however, that nothing in this section 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. Any owner or party in interest
may, within 30 days from 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 municipal
lien certificate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Amended 7-26-2000 by Ord. No. 11-2000; at time of adoption of Code (see
Ch. 1, General Provisions, Art. III)]
Complaints or orders issued by the Burlington County Health
Department, or appropriate Township officer or inspector, pursuant
to this chapter shall be served upon persons either personally or
by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by said Burlington County Health
Department, or appropriate Township officer or inspector, in the exercise
of reasonable diligence, and the said Burlington County Health Department,
or appropriate Township officer or inspector, 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 the legal newspaper
as utilized by Edgewater Park. 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 county recording officer of the county
in which the dwelling is located.
[Amended 7-26-2000 by Ord. No. 11-2000]
The Burlington County Health Department, or appropriate Township
officer or inspector, is authorized and empowered 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
in addition to others herein granted:
A.
To investigate
the dwelling conditions in the Township in order to determine which
dwellings therein are unfit for human habitation;
B.
To administer
oaths, 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 a manner according to law;
D.
To appoint
and fix the duties of such officers, agents and employees as he deems
necessary to carry out the purposes of this chapter; and
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, occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
herein which does not conform to the provisions of the New Jersey
State Housing Code established as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Nothing in this chapter shall be construed to abrogate or impair
the power of the Township or any officer or department to enforce
any provision of its ordinances or regulations, nor to prevent or
punish violations thereof, and the powers conferred by this chapter
shall be in addition and supplemental to the powers conferred upon
the Township by any other law or ordinance.
