[Ord. #95-19 § 601.1]
When a structure or equipment is found by the Property Maintenance
Inspector to be unsafe, or when a structure is found unfit for human
occupancy, or is found to be unlawful, the Property Maintenance Inspector
shall prepare a report to be filed with the Township Construction
Official for further actions as mandated by N.J.A.C. 5:23 et seq.,
and with particularity N.J.A.C. 5:23-2.32, "Unsafe Structures of the
New Jersey Uniform Construction Code."
a.
Unsafe Structure. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundations,
that partial or complete collapse is likely.
b.
Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition such equipment is
a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
c.
Structure Unfit for Human Occupancy. A structure is unfit for human
occupancy whenever the Property Maintenance Inspector finds that such
structure is unsafe, unlawful or, because of the degree to which the
structure is in disrepair or lacks maintenance, is unsanitary, vermin,
rat or other animal infested, contains filth and contamination, or
lacks ventilation, illumination, sanitary or heating facilities or
other essential equipment required by this Code, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
d.
Unlawful Structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this Code
or other Township Ordinance, or was erected, altered or occupied contrary
to law.
e.
Unlawful Nuisance. An unlawful nuisance includes any structure or
premises in such a state of disrepair as to be considered an "attractive
nuisance" and/or a structure or premises which detracts from neighborhood
property values. This includes, but is not limited to, structures
which are unpainted and/or have peeling paint; have broken windows;
have hanging/unsecured gutters and/or hanging unsecured soffits.
[Ord. #95-19 § 601.2]
If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the Property
Maintenance Inspector is authorized to post a placard of condemnation
on the premises and order the structure closed up so as not to be
an attractive nuisance. Upon failure of the owner to close up the
premises within the time specified in the order, the Property Maintenance
Inspector shall cause the premises to be closed through any available
public agency or by contract or arrangement by private persons and
the cost thereof shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate.
[Ord. #95-19 § 601.3]
Whenever the Property Maintenance Inspector has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 15-9. The notice shall be in the form prescribed in subsection 15-9.2.
[Ord. #95-19 § 601.4]
Upon failure of the owner or person responsible to comply with
the notice provisions within the time given, the Property Maintenance
Inspector shall post on the premises or on defective equipment, a
placard bearing the word "Condemned" and a statement of the penalties
provided for occupying the premises, operating the equipment or removing
the placard.
[Ord. #95-19 § 601.5]
Any person who shall occupy a placarded premises or shall operate
placarded equipment, and any owner or any person responsible for the
premises who shall let anyone occupy a placarded premises or operate
placarded equipment shall be liable for the penalties provided by
this Code.
[Ord. #95-19 § 601.6]
The Property Maintenance Inspector shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Property Maintenance Inspector shall be subject to the penalties
provided by this Code.
[Ord. #95-19 § 602.1]
The Property Maintenance Inspector, with the prior consent and
approval of the Construction Official, shall order the owner of any
premises upon which is located any structure, which is so old, dilapidated
or has become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation or occupancy, to raze and
remove such structure; or where there has been a cessation of normal
construction of any structure for a period of more than two (2) years,
to raze and remove such structure as per the New Jersey Uniform Construction
Code. (N.J.A.C. 5:23 et seq.)
[Ord. #95-19 § 602.2]
All notices and orders shall comply with subsection 15-9.2.
[Ord. #95-19 § 602.3]
If the owner of a premises fails to comply with a demolition
order within the time prescribed, the Property Maintenance Inspector
shall cause the structure to be razed and removed, either through
an available public agency or by contract or arrangement with private
persons, and the cost of such razing and removal shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
[Ord. #95-19 § 602.4]
When any structure has been ordered razed and removed, the governing
body or other designated officer under the contract or arrangement
aforesaid shall have the right to sell the salvage and valuable materials
at the highest price obtainable. The net proceeds of such sale, after
deducting the expenses of such razing and removal, shall be promptly
remitted with a report of such sale or transaction, including the
items of expense and the amount deducted, for the person who is entitled
thereto, subject to any order of a court. If such a surplus does not
remain to be turned over, the report shall so state.
[Ord. #95-19 § 602.5]
All materials which are recyclable, as determined by the Department
of Public Works, the Director of Building Inspections or State Statute,
are subject to State DEP requirements. These materials include, but
are not limited to, concrete, asphalt, and steel.
