[HISTORY: Adopted by the Township Committee of the Township
of Fairfield as § 9-2 of the 1980 Code. Amendments noted
where applicable.]
It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in the Township which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe or unsanitary or otherwise unfit for human habitation, or occupancy,
or use, is inimical to the welfare and dangerous and injurious to
the health and safety of the people of the Township, and that a public
necessity exists for the repair, closing or demolition of such building
or buildings, or part thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses, any
appurtenances belonging thereto or usually enjoyed therewith.
The Township Committee of the Township of Fairfield.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have any
interest in a building and any who are in actual possession thereof.
The officer, board or body who or which is designated by
the Township Committee to exercise the powers set forth in this chapter.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The public officer may determine that a building is unfit for
human habitation or occupancy or use if he 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 of such Municipality. Such conditions
may include the following: defects therein increasing the hazards
of fire, accident, or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation, disrepair, or structural
defects; uncleanliness; or failure to have included in the building
running water or inside toilet facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Whenever a petition is filed with the public officer by any
member of the Township Committee or by the County Board of Health
or any officer in charge of any department of the Municipality or
of the State of New Jersey relating to health, fire, building regulations
or activities concerning buildings in the Township, or by at least
five residents of the Township, charging that any building is unfit
for human habitation or occupancy or use or whenever it appears to
the public officer that any building is unfit for human habitation
or occupancy or use, the public officer shall, in his preliminary
investigation, disclose a basis for such charges and 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 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 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.
After notice and hearing, if the public officer determines that
the building under consideration is unfit for human habitation or
occupancy or use, he shall state, in writing, his finding 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:
A.
Requiring the repair, alteration or improvement of the 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 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 building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
If the owner shall fail to comply with the order to repair,
alter or improve 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 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."
If the owner or any party in interest fails to comply with an
order to remove or demolish the building, the public officer may cause
such building to be removed or demolished after advertisement and
receipt of bids therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 the cost of repairs, alterations or improvements,
or vacating or closing, or removal or demolition shall be a municipal
lien against the real property upon which such cost was incurred.
The detailed statement of the aforesaid costs shall be filed with
the municipal Tax Assessor or other custodian of the records of tax
liens, and a copy of the said detailed statement shall be forthwith
forwarded to the owner by registered mail. If the building is removed
or demolished by the public officer, he shall sell the materials of
such building and shall credit the proceeds of such sale against the
cost of the removal or demolition and any balance remaining shall
be deposited in the Superior Court, Chancery Division, subject to
the order of the court. 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. II)]
A complaint or order issued by a public officer pursuant to
this chapter shall be served upon persons either personally or by
certified or registered mail, but 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 the public officer 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 a newspaper printed and published in the Township. A copy of such
complaint or order shall be posted in a conspicuous place on premises
affected by the complaint or order. A copy of such complaint or order
be duly recorded or lodged for record with the County Clerk.
The public officer or other official designated under this chapter
may exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this chapter, including,
but not limited to, the following powers, in addition to the others
herein granted:
A.
To investigate the building conditions in the Municipality 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 the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under the ordinances
to such officers and agents as he may designate.
In addition to the foregoing sections, the following conditions
shall be instances of hazards requiring action by the public officer
pursuant to this chapter:
A.
Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size, or is not so arranged as
to provide safe and adequate means of exit, in case of fire or panic,
for all persons housed or assembled therein who would be required
to use such door, aisle, passageway, stairway or other means of exit.
B.
Whenever stress in any materials, member or portion thereof is more
than a certain limit.
C.
Whenever any portion thereof has been damaged by wind, flood, or
by any other cause, in such manner that structural strength or stability
thereof is appreciably less than before the catastrophe.
D.
Whenever any portion, member or appurtenance thereof is likely to
fail or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
E.
Whenever any portion of a building or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength
or stability or is not so anchored, attached or fastened in place
as to be capable of resisting certain wind pressure.
F.
Whenever any portion thereof has settled to such extent that walls
or other structural portions have materially less resistance to winds
than is required for new construction.
G.
Whenever building or structure or any portion thereof, because of
removal or movement of some portion of ground necessary for purpose
of supporting such building or portion thereof, is likely to partially
or completely collapse, or some portion of the foundation or underpinning
is likely to fall or give way.
H.
Whenever, for any reason whatsoever, any building or structure or
any portion thereof, is manifestly unsafe for the purposes for which
it is used.
I.
Whenever exterior walls or other vertical structural members list,
lean or buckle to such extent that the plumb line passing through
the center of gravity does not fall inside the middle third of base.
J.
Whenever a building or structure, exclusive of the foundation, shows
specified degree of damage or deterioration to member or members,
or a certain degree of damage or deterioration of nonsupporting enclosing
or outside wall or covering.
K.
Whenever a building or structure has been so damaged by fire, wind,
or flood, or has become so dilapidated or deteriorated as to become
an attractive nuisance to children who might play therein to their
damage, or as to afford harbor to vagrants, criminals or immoral persons
or as to enable persons to resort thereto for purposes of committing
unlawful or immoral acts.
L.
Any building or structure which has in any nonsupporting part, member
or portion, less than 50% or in any supporting member less than 66%
of strength, fire-resistive qualities or characteristics or weather-resisting
characteristics required by law in case of newly constructed buildings
of like area, height and occupancy in the same location.
M.
Whenever buildings or structures, used or intended to be used for
dwelling purposes, because of dilapidation, decay, damage or faulty
construction or arrangement or otherwise, are unsanitary or unfit
for human habitation or are in a condition that is likely to cause
disease or sickness.
N.
Whenever a building or structure, used or intended to be used for
dwelling purposes, has light, air and sanitation facilities inadequate
to protect health, safety or general welfare of the persons living
within.
O.
Whenever any building or structure, by reason of obsolescence, dilapidated
condition, deterioration, damage, electric wiring, gas connections,
heating apparatus, or other cause, is in such condition as to be a
fire hazard and is so situated as to endanger life or other buildings
or property in the vicinity or provide ready fuel supply to augment,
spread and intensify fire arising from any cause.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any building or buildings, or parts thereof, which have been
damaged to such an extent that nothing remains but the walls, or parts
of the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the Township, and the Township
may exercise its police powers to repair, demolish, or cause the repairing
or demolishing of the building or buildings, or parts thereof, pursuant
to N.J.S.A. 40:48-2.3 et seq., and the procedures set forth therein.
The provisions of this chapter are intended to be in addition
or supplemental to any other existing remedies.
