[HISTORY: Adopted by the Township Committee of the Township
of Union (now Barnegat) as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
38, Buildings and Structures, Dangerous, adopted 1-3-63, as amended
9-2-71 and 9-17-73.
The Building Inspector of the Township of Barnegat be and he
is hereby designated as the officer to exercise the powers prescribed
by this ordinance and he shall serve in such capacity without additional
compensation.
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 hereby accepted,
adopted and established as a standard to be used as a guide in determining
whether dwellings in this municipality are safe, sanitary and fit
for human habitation and rental. A copy of the New Jersey State Housing
Code is annexed to this ordinance, and three (3) copies of the same
have been placed on file in the office of the Barnegat Township Clerk
and are available to all persons desiring to use and examine the same.
A.Â
The Building Inspector is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the Township of Barnegat
in order that he may perform his duty of safeguarding the health and
safety of the occupants of dwellings and of the general public. For
the purpose of making such inspections, the Building Inspector is
hereby authorized to enter, examine and survey, at all reasonable
times, all dwellings, dwelling units, rooming units and premises.
The owner or occupant of every dwelling, dwelling unit and rooming
unit or the person in charge thereof shall give the Building Inspector
free access to such dwelling, dwelling unit or rooming unit and its
premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a dwelling or dwelling unit
shall give the owner thereof or his agent or employee access to any
part of such dwelling or dwelling unit or its premises at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this ordinance
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this ordinance.
B.Â
Before any such inspection is made, written notice shall be served
by the Building Inspector by certified mail, return receipt requested,
and received by the owner and, where the occupant is a person other
than the owner, by the occupant, at least forty-eight (48) hours before
the proposed inspection. The inspection shall be conducted only between
the hours of 10:00 a.m. and 4:00 p.m., and the notice shall give notice
not only of the date of inspection, but also of the hour of the proposed
inspection. Where the owner or occupant shall request an extension
of the inspection time, the Building Inspector shall grant such request
and the building shall be inspected at the owner's or occupant's
convenience within ten (10) days from the date of the originally scheduled
inspection.
[Added 8-4-75 by Ord. No. 1975-18]
A.Â
Whenever the Building Inspector determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this ordinance or of any rule or regulation adopted pursuant thereto,
he shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall be
put in writing, include a statement of the reasons why it is being
issued, allow a reasonable time for the performance of any act it
requires and be served upon the owner or his agent or the occupant,
as the case may require, provided that such notice shall be deemed
to be properly served upon such owner or agent or upon such occupant
if a copy thereof is served upon him personally or if a copy thereof
is posted in a conspicuous place in or about the dwelling affected
by the notice or if he is served with such notice by any other method
authorized or required under the laws of this state. Such notice may
contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this ordinance and with rules and
regulations adopted pursuant thereto.
B.Â
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this ordinance or of any
rule or regulation adopted pursuant thereto may request and shall
be granted a hearing on the matter before the Township Committee,
provided that such person shall file in the office of the Clerk of Barnegat
Township a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within ten (10) days after
the day the notice was served. Upon receipt of such petition the Clerk
of Barnegat Township shall set a time and place for such hearing and
shall give the petitioner written notice thereof. At such hearing
the petitioner shall be given an opportunity to be heard and to show
why such notice should be modified or withdrawn. The hearing shall
be commenced not later than ten (10) days after the day on which the
petition was filed; provided that upon application of the petitioner,
the Township Committee may postpone the date of the hearing for a
reasonable time beyond such ten-day period if in its judgment the
petitioner has submitted a good and sufficient reason for such postponement.
After such hearing the Township Committee shall sustain, modify or
withdraw the notice, depending upon its findings as to whether the
provisions of this ordinance and of the rules and regulations adopted
pursuant thereto have been complied with. If the Township Committee
sustains or modifies such notice, it shall be deemed to be an order.
Any notice served pursuant to this ordinance shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Clerk of Barnegat Township within ten (10) days after such
notice is served.
C.Â
The proceedings at such hearing, including the findings and decision
of the Township Committee, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Clerk
of Barnegat Township. Such record shall also include a copy of every
notice or order issued in connection with the matter.
D.Â
Any person aggrieved by the decision of the Township Committee may
seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state.
E.Â
Whenever the Building Inspector 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 the other provisions
of this ordinance, such order shall be effective immediately. Any
person to whom such order is directed shall comply therewith immediately
but, upon petition to the Township Committee, shall be afforded a
hearing as soon as possible. After such hearing, depending upon its
findings as to whether the provisions of this ordinance and of the
rules and regulations adopted pursuant thereto have been complied
with, the Township Committee shall continue such order in effect,
modify it or revoke it.
The Building Inspector is hereby authorized and empowered to
make and adopt such written rules and regulations as he may deem necessary
for the proper enforcement of the provisions of this ordinance; provided,
however, that such rules and regulations shall not be in conflict
with the provisions of this ordinance nor in any way alter, amend
or supersede any of the provisions thereof. The Building Inspector
shall file a certified copy of all rules and regulations which he
may adopt in his office and in the office of the Clerk of the Township
of Barnegat.
No person shall occupy as owner-occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein, which unit does not conform to the provisions of the New
Jersey State Housing Code, established hereby as the standard to be
used in determining whether a dwelling is safe, sanitary and fit for
human habitation.
Any person, firm or corporation that shall violate any of the
provisions of this ordinance shall, upon conviction, be punished by
a fine not to exceed five hundred dollars ($500) or by imprisonment
in the county jail for a period not to exceed ninety (90) days, or
by both such fine and imprisonment; and each violation of any of the
provisions of this ordinance and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
All other ordinances or parts of ordinances in conflict or inconsistent
with this ordinance are hereby repealed, but only to the extent of
such conflict or inconsistency, and this ordinance shall be in full
force and effect immediately upon is adoption and its publication,
as provided by law.
Should any section, paragraph, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid for any reason,
the remaining portions of this ordinance shall not be affected thereby
and shall remain in full force and effect, and to this end the provisions
of this ordinance are hereby declared to be severable.
[Added 8-4-75 by Ord. No. 1975-28)
The provisions of this Housing Code shall not apply to any owner-occupied,
single-family, residential structure, and all such owner-occupied,
single-family, residential structures shall be exempt from the terms
and conditions of this Housing Code.
[Adopted 11-1-82 as Ord. No. 1982-32]
It has been found that there exists in this township buildings
which are unfit for human habitation or occupancy or use, due to dilapidation,
defects increasing the hazards of fire, accidents and other calamities,
lack of ventilation, light and sanitary facilities, or due to other
conditions rendering such buildings unsafe or unsanitary and dangerous
and detrimental to the health and safety and otherwise inimical to
the welfare of the residents of this township.
The Construction Code Official is hereby designated and appointed
to exercise the powers prescribed by this ordinance.
Whenever a petition shall be filed with the Construction Code
Official by a public authority, or by at least five (5) residents
of the township, charging that any building is unfit for human habitation,
or whenever it appears to the Construction Code Official that any
building is unfit for human habitation or occupancy or use, the Construction
Code 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 structure a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Construction Code Official or his designated agent
at a place therein fixed, not less than seven (17) days nor more than
thirty (30) days after the 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, and give testimony
at the place and time 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 Construction Code Official, or his designated
agent.
If, after such notice and hearing, the Construction Code Official
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:
A.Â
If the repair, alteration or improvement of the building can be made
at a reasonable cost in relation to the value of the building, requiring
the owner to the extent and within the time specified in order to
repair, alter or improve the building to render it fit for human habitation,
or occupancy or use, or, at the option of the owner, to vacate or
close the building as a human habitation; or
B.Â
If the repair, alteration or improvement of the building cannot be
made at a reasonable cost in relation to the value of the building,
requiring the owner within the time specified in the order to remove
or demolish such building.
If the owner fails to comply with the order to alter, repair
or improve or at the option of the owner, to vacate and close the
building, the Construction Code Official may cause such building to
be repaired, altered or improved, or to be vacated and closed; thereupon
the Construction Code Official may cause to be posted on the main
entrance of such building so closed, a placard with the following
words: "This building is unfit for human habitation; the use or occupation
of this building is prohibited and unlawful."
If the owner fails to comply with the order to remove or demolish
the building, the public officer 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.
The amount of the cost of the filing of legal papers, expert
witnesses's fees, search fees and advertising charges, incurred
in the course of any proceeding taken under this section determined
in favor of the township, and the 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 by the
public officer, 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 any, leveling of the site, 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
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the public officer, shall be secured in such manner
as may be directed by such Court, and shall be disbursed according
to the order of judgment of the Court to the persons found to be entitled
thereto by final order or judgment of the 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 the accuracy
of the costs set forth in the municipal lien certificate.
The Construction Code Official shall determine that a building
is unfit for human habitation, occupancy or use if it finds that conditions
exist in such building which are dangerous or injurious to the health
and safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the township; such conditions may
include the following without limiting generally any of the following:
defects therein increasing the hazards for fire, accident or other
calamity, lack of adequate ventilation, light or sanitary facilities,
dilapidation, disrepair, structure defects and uncleanliness.
Complaints or orders issued by the Construction Code Official
pursuant to this ordinance shall be served upon persons either personally
or by registered mail, but if the whereabouts of such person is unknown
and the same cannot be ascertained by the Construction Code Official
in the exercise of reasonable diligence, then the Construction Code
Official shall make an affidavit to that effect, and service of such
complaint or order upon such person may be made by publishing the
same once each week in a newspaper circulating and published in the
township, or in the absence of such newspaper, in one printed and
published in the county and circulated in the township 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 in the County Recording Office in which the building
is located.
The Construction Code Official or his designated subcode officials
shall be responsible for carrying out the purposes and provisions
of this ordinance, and in doing so have the authority to:
A.Â
Investigate the building conditions in the township from time to
time in order to determine which buildings therein are unfit for human
habitation, occupancy or use.
B.Â
Administer oaths and affirmations, examine witnesses and receive
evidence.
C.Â
Enter upon premises for the purpose of making examinations, provided
that such entry shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.Â
Appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section.
E.Â
Delegate any of its functions and powers under the section to such
persons or agents as it may designate.
If an actual or immediate danger to a life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the Construction Official may, after taking such measures as may be
necessary to make such building temporarily safe, seek a judgment
in summary proceedings for the demolition thereof.
Nothing in this ordinance 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, nor is anything in this ordinance intended to limit the
authority of the enforcing agency or Construction Official on the
State Uniform Construction Code Act, P.L. 1975, c. 217, or any rules
or regulations adopted thereunder.
