[HISTORY: Adopted by the Township Committee the Township
of Winslow 7-28-72 as Ord. No. 0-12-72 as Ch. 28A of the 1970 Code of the Township of Winslow. Amendments
noted where applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
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 Township Committee.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any officer who is in charge of any department or branch
of the Township of Winslow, County of Camden, State of New Jersey,
relating to health, fire, building regulations or other activities
concerning buildings in the Township of Winslow.
[Amended 3-25-87 by Ord.
No. 0-4-87; repealed 9-25-07 by Ord. No. 0-36-07]
Conditions that make a building 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 of Winslow.
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;
uncleanliness.
[Added 9-25-07 by Ord. No. 0-36-07]
[Amended 3-25-87 by Ord. No. 0-4-87]
The Construction Official is hereby designated and appointed
to exercise the powers prescribed by this chapter.
[Added 9-25-07 by Ord. No. 0-36-07]
The Township Administrator is hereby designated and appointed
as the Hearing Officer for all hearings required under this chapter.
[Amended 3-25-87 by Ord. No. 0-4-87; 9-25-07 by Ord. No. 0-28-07]
Whenever a petition is filed with the Construction Official
by a public authority or by at least five (5) residents of the municipality
charging that any building is unfit for human habitation or occupancy
or use, or whenever it appears to the Construction Official on his
own motion that any building is unfit for human habitation or occupancy
or use, the Construction Official shall, if his 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 held before the Hearing Officer at a place therein
fixed not less than seven (7) days nor more than thirty (30) days
after the serving of said complaint and 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. The rules of evidence prevailing
in the courts shall not be controlling in hearings before the Hearing
Officer.
[Amended 3-25-87 Ord. No. 0-4-87]
A.
If, after such notice and hearing, the Hearing Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his 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:
[Amended 9-25-07 by Ord. No. 0-36-07]
(1)
Requiring the repair, alteration or improvement of 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 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 said building within the time specified
in the order, then the owner shall be required to remove or demolish
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
or, at the option of the owner, to vacate and close the building,
the Construction Official may cause such building to be repaired,
altered or improved or to be vacated and closed, and the Construction
Official 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."
[Amended 3-25-87 by Ord. No. 0-4-87]
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 Construction Official may cause such building to be
repaired, altered or improved or to be vacated and closed.
[Amended 3-25-87 by Ord. No. 0-4-87]
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official may cause such building to
be removed or demolished or any contract for the removal or demolition
thereof after advertisement for and receipt of bids therefor.
[Amended 3-25-87 by Ord. No. 0-4-87]
The amount of the cost of the filing of legal papers, expert
witness fees, search fees and advertising charges incurred in the
course of any proceeding taken under this Act[1] determined in favor of the Township of Winslow, and such
cost of such repairs, alterations or improvements, or vacating and
closing, or removal or demolition if any, for 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 by the Construction Official he shall 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, leveling of the site, the proceeds of the sale of
such materials or any sum derived from any contract for the removal
of 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 Construction Official, 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. Any owner or party
in interest may, within thirty (30) days from the date of the filing
of the lien certificate, proceed in a summary manner in the Superior
Court to contest the reasonableness of the amount or accuracy from
the costs set forth in the municipal lien certificate.
[1]
Editor's Note: "This Act" refers to N.J.S.A. 40:48-2.3
et seq.
Complaints or orders issued by the Construction Official or
Hearing Officer 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 the
Construction Official or Hearing Officer in the exercise of reasonable
diligence, and the Construction Official or Hearing 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 the official newspaper designated by the Township of Winslow or,
in the absence of such newspaper, in one printed and published in
the county and circulating in the Township of Winslow in which the
buildings are located. A copy of such complaint or order shall be
posted in a conspicuous place on the premises affected by the complaint
or order. 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 building is located.
[1]
Editor's Note: Former Section 100-8, Standards for determination
of the building as unfit, previously codified herein and containing
portions of Ordinance No. 0-4-87, was repealed in its entirety 9-25-07
by Ordinance No. 0-36-07.
[Amended 3-25-87 by Ord. No. 0-4-87; 9-25-07 by Ord. No. 0-36-07]
Any person aggrieved by an order issued by the Hearing Officer
under this chapter may proceed for injunctive or other appropriate
relief in accordance with the provisions of N.J.S.A. 40:48-2.8.
[Amended 3-25-87 by Ord. No. 0-4-87; 9-25-07 by Ord. No. 0-36-07]
Said Construction Official is hereby 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 any others granted by statute:
A.
To investigate the building conditions in the Township of Winslow
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.
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.
C.
To appoint and fix the duties of such officer, agents and employees
as he deems necessary to carry out the purposes of this chapter.
D.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
[Added 9-25-07 by Ord. No. 0-36-07]
As Hearing Officer, the Hearing Officer is hereby 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 power to administer oaths and affirmations, examine witnesses
and receive evidence.
[Amended 9-25-07 by Ord. No. 0-36-07]
This chapter is adopted under and pursuant to the provisions
of N.J.S.A. 40:48-2.3 et seq., as amended and supplemented, and any
or all other sections or provisions thereof not specifically set forth
herein are adopted and incorporated herein and made a part of this
chapter.
