The Township Council shall, by resolution, appoint five persons,
who are residents of the Township, who shall be designated as the
Public Officers to exercise the powers prescribed by this section.
Approval of at least three of such persons shall be required in any
actions taken under this section.
In addition to the powers and duties heretofore granted to the
Public Officers, they shall:
A. Investigate the buildings and conditions of the Township in order
to determine which buildings therein are unfit for human habitation,
occupancy or use;
B. Administer oaths and affirmations, examine witnesses and receive
evidence;
C. Enter upon premises for the purpose of making examination; provided,
that such entry shall be made in such manner as to cause the least
possible inconvenience to persons in possession;
D. Have such powers as may be necessary or convenient to carry out and
effectuate the purposes and provisions of this section and of N.J.S.A.
40:48-2.3 to 40:48-2.12.
The Public Officers may determine that a building is unfit for
human habitation, occupancy or use, if they find that conditions existing
in such building are dangerous or injurious to the health or safety
of the occupants of such building, the occupants of neighboring buildings,
or other residents of the Township. Such conditions may include, but
shall not be limited to, defects increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary
facilities; dilapidation; disrepair; structural defects and uncleanliness.
The Public Officers, in reaching such determination, shall be guided
by, among other things, the standards set by the State Uniform Construction
Code, Zoning Ordinance, health ordinances and Uniform Fire Safety
Act of the Township and by the pertinent requirements of Title 26
of the Revised Statutes.
Whenever a petition is filed with the Public Officers by any
officer who is in charge of any Department or branch of the government
of the Township, the County or of the State, relating to health, fire,
building regulations or to other activities concerning buildings within
the Township, or whenever a petition is filed with the public officers
by at least five residents of the Township charging that any building
is unfit for human habitation, occupancy or use; or whenever it appears
to the Public Officers or on the motion of a majority of them that
any building is unfit for human habitation, occupancy or use, the
Public Officers shall, if their preliminary investigations disclose
the 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 held before the Public Officers, or their designated agents,
at a place therein fixed not less than 10 days or more than 30 days
after service 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 to give testimony at the time and place
fixed in the complaint; and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Public Officers. If, after such notice and hearing, the Public
Officers determine that the building in consideration is unfit for
human habitation, occupancy or use, they shall state in writing their
findings and facts 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 owner to repair, alter or improve the building, to
the extent specified in the order, to render it fit for human habitation,
occupancy or use, if such repair, alteration or improvement can be
made at a reasonable cost in the opinion of the Public Officers, or,
at the option of the owner, to vacate and close the building as unfit
for human habitation, occupancy or use;
B. Requiring the owner to remove or demolish such building within the
time specified in the order if such building cannot be rendered fit
for human habitation, occupancy or use at a cost deemed to be reasonable
in the opinion of the public officers.
The complaint and orders issued by the Public Officers pursuant
to this section shall be served upon the persons either personally
or by registered mail, if their whereabouts are known, but if the
whereabouts of such persons are unknown and the same cannot be ascertained
by the Public Officers in the exercise of reasonable diligence, and
the Public Officers shall make an affidavit to that effect, then the
service of such complaint or order upon such persons may be made by
the publication of same once each week for two successive weeks in
a newspaper published in the County and circulating in the Township.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by such complaint or order. A copy
of such complaint or order shall be duly recorded or lodged for record
with the County Clerk.
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 Public Officers may cause such building to be repaired,
altered or improved, or to be vacated and closed. The Public Officers
may cause to be posted on the main entrance of any building the following
words: "This building is unfit for human habitation, occupancy or
use; human habitation, occupancy or use of this building is prohibited
and unlawful."
If the owner fails to comply with an order to remove or demolish
the building, the Public Officers may cause such building to be removed
or demolished.
In the event that the Public Officers cause such buildings to
be repaired, altered, improved, vacated, closed, removed or demolished,
the cost of such repairs, alterations or improvements, or vacating,
closing or removal and demolition, shall be a municipal lien against
the real property upon which the cost was incurred. If the building
is removed or demolished by the Public Officers, they 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 by the Public Officers and
shall be secured in such manner as may be directed by such court,
and shall be disbursed by such court to the persons found to be entitled
thereto in the final order or judgment of such court.
The Township Council may by resolution from time to time appoint
and fix the duties of such other officers, agents and employees as
may be necessary to carry out the purposes of this section and to
authorize the Public Officers, with the consent of the Township Council,
to delegate any of their functions and powers under this section to
such officers and agents.