[BH Ord. #51; 1976 Code § 188-1]
The Health Officer of the Township, and in his absence the Principal
Sanitarian, be and is hereby designated as the officer to exercise
the powers prescribed by this Chapter, and he shall serve in such
capacity without any additional salary.
[BH Ord. #51; 1976 Code § 188-2]
The following are hereby accepted, adopted and established as
standards to be used as a guide in determining whether dwellings in
this Municipality are safe, sanitary and fit for human habitation
and rental.
[BH Ord. #51; 1976 Code § 188-3]
The provisions of this Chapter shall constitute the standards
to guide the Health Officer or his agents in determining the fitness
of a building for human habitation, use or occupancy.
[BH Ord. #51; 1976 Code § 188-4]
As used in this Chapter:
Shall mean the Board of Health of the Township of Mahwah.
Shall mean any building or structure or part thereof used
for human habitation, use or occupancy and includes any accessory
buildings and appurtenance belonging thereto or usually enjoyed therewith.
Shall mean a building or structure or part thereof containing
one (1) or more dwelling units or lodging units.
Shall mean any room or group of rooms or any part thereof
located within a building and forming a single habitable unit with
facilities which are used or designed to be used for living, sleeping,
cooking and eating.
Shall mean the animal and vegetable and other organic waste
resulting from the handling, preparation, cooking and consumption
of food.
Shall mean a room or enclosed floor space within a dwelling
unit used or designed to be used for living, sleeping, cooking or
eating purposes, excluding bathrooms, water-closet compartments, laundries,
pantries, foyers or communicating corridors, closets and storage spaces.
Shall mean the presence, within or around a building, of
any insects, rodents or other pests.
Shall mean any building or that part of any building containing
one (1) or more lodging units, each of which is rented by one (1)
or more persons not related to the owner.
Shall mean a rented room or group of rooms containing no
cooking facilities, used for living purposes by a separate family
or group of persons living together, or by a person living alone,
within a building.
Shall mean any person or persons in actual possession of
and living in the building or dwelling unit, including the owners.
Shall mean in addition to anyone having legal title to a
property, any person properly authorized to exercise powers of or
for an owner of property for purposes of its purchase, sale, use,
occupancy or maintenance.
Shall mean the same meaning as defined in N.J.S.A. 1:1-2.
Shall mean all installed receptacles or devices which are
supplied with water or which receive or discharge liquid waste or
sewage into the drainage system with which they are directly or indirectly
connected.
Shall mean the Health Officer of the Township of Mahwah.
Shall mean all combustible and noncombustible waste material,
except garbage.
Shall mean electric, gas, heating, water and sewerage services
and equipment therefor.
[BH Ord. #51; 1976 Code § 188-5]
a.
Every dwelling unit and lodging house shall be provided with a safe
supply of potable water meeting the standards as set forth in Potable
Water Standards, as published by the New Jersey State Department of
Health.
b.
The source of such water supply shall be approved by the New Jersey
State Department of Health and/or the Board of Health.
c.
The minimum rate of flow of hot or cold water issuing from a faucet
or fixtures shall be not less than one (1) gallon per minute.
[BH Ord. #51; 1976 Code § 188-6]
a.
Every dwelling unit shall contain a kitchen sink of nonabsorbent
impervious material, at least one (1) flush-type water closet, a lavatory
and a bathtub or shower, available only for the use of the occupants
of that dwelling unit.
b.
Every lodging house shall be provided with a minimum of one (1) flush-type
water closet, lavatory and a bathtub or shower for every eight (8)
persons or part thereof.
c.
Every water closet, lavatory and bathtub or shower for each dwelling
unit or lodging house shall be accessible from within the building
without passing through any part of any other dwelling unit or lodging
unit and in a lodging house shall be located no farther than one (1)
floor above or below the lodging units served. Such water closet,
lavatory and bathtub or shower shall be contained in a room or rooms
which are separated from all other rooms by walls, doors or partitions
that afford privacy.
d.
Every plumbing fixture shall be connected to water and sewer systems
approved by the Board of Health and shall be maintained in good working
condition.
e.
Every kitchen sink, lavatory and bathtub or shower required by this
shall be connected to both hot and cold-water lines.
f.
Every dwelling shall have water-heating facilities which are installed
and maintained in good and safe working condition, connected with
the hot-water lines required under the provisions of paragraph e hereof
and capable of delivering water at a minimum temperature of not less
than one hundred twenty (120° F.) degrees Fahrenheit.
[BH Ord. #51; 1976 Code § 188-7]
a.
Garbage or other organic waste shall be stored in water-tight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers. At least one (1) approved-type garbage receptacle shall be provided for each dwelling unit, in accordance with Section BH3-14i of this Chapter.
b.
Rubbish shall be stored in receptacles of metal or other approved
material. At least one (1) rubbish receptacle shall be provided for
each dwelling unit, in accordance with this Chapter.
[BH Ord. #51; 1976 Code § 188-8]
a.
Every habitable room shall have at least one (1) window or skylight
facing directly to the outdoors. The minimum total window or skylight
area, measured between stops, for every habitable room shall be ten
(10%) percent of the floor area of such room. Whenever walls or other
portions of structures face a window of any habitable room and are
located less than three (3') feet from the window and extend
to a level above that of the ceiling of the room, such window shall
not be included in calculating the required minimum total window area.
b.
Where there is electric service available to the building or structure,
every habitable room shall contain at least two (2) separate and remote
outlets, one (1) of which may be a ceiling- or wall-type electric
light fixture. In a kitchen three (3) separate and remote wall-type
electric convenience outlets or two (2) such convenience outlets and
one (1) ceiling- or wall-type electric light fixture shall be provided.
Every public hall, water-closet compartment, bathroom, laundry room
or furnace room shall contain at least one (1) electric light fixture.
In addition to the electric light fixture in every bathroom and laundry
room, there shall be provided at least one (1) electrical outlet.
No temporary wiring shall be used, except extension cords which run
directly from portable electric fixtures to convenience outlets and
which do not lie under rugs or other floor coverings nor extend through
doorways, transoms or other openings through structural elements.
c.
Every portion of each staircase, hall, cellar, basement, landing,
furnace room, utility room and all similar nonhabitable space located
in a dwelling shall have one (1) supplied electric light fixture available
at all times.
d.
Every portion of any interior or exterior passageway or staircase
common to two (2) or more families in a dwelling shall be properly
and adequately lighted in all places.
[BH Ord. #51; 1976 Code § 188-9]
a.
Means of ventilation shall be provided for every habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least forty-five (45%) percent of the minimum window area or minimum skylight area as required in section BH3-8a of this Chapter or by other means acceptable to the administrative authority which will provide at least two (2) air changes per hour.
b.
Means of ventilation shall be provided for every bathroom or water-closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least forty-five (45%) percent of the minimum window area or minimum skylight area as required in Section BH3-8a of this Chapter or by other means acceptable to the administrative authority which will provide at least six (6) air changes per hour.
[BH Ord. #51; 1976 Code § 188-10]
a.
Every dwelling shall have heating facilities which are properly installed,
maintained in good and safe working condition and are capable of safely
and adequately heating all habitable rooms, bathrooms and water-closet
compartments located therein to a temperature of at least seventy
(70° F.) degrees Fahrenheit when the outside temperature is zero
(0° F.) degrees Fahrenheit. The temperature shall be read at a
height of three feet above the floor level at the center of the room.
b.
Every space heater, except electrical, shall be properly vented to
a chimney or duct leading to the outdoors. Unvented portable space
heaters burning solid, liquid or gaseous fuels shall be prohibited.
[BH Ord. #51; 1976 Code § 188-11]
a.
Every dwelling, dwelling unit or lodging unit shall have safe and
unobstructed means of egress. Such means of egress shall not be through
any other dwelling unit or part thereof and shall lead to a safe and
open space at ground level accessible to a street.
[BH Ord. #51; 1976 Code § 188-12]
a.
Every foundation, floor, wall, ceiling, door, window, roof or other
part of a building shall be kept in good repair and capable of use
intended by its design.
b.
Every inside and outside stairway, every porch and every appurtenance
thereto shall be constructed as to be safe to use and capable of supporting
the load that normal use may cause to be placed thereon and shall
be kept in sound condition and good repair. Every stairway having
three (3) or more steps shall be properly banistered and safely balustraded.
c.
Every porch, balcony, roof and/or similar place higher than thirty
(30") inches above the ground used for egress or for use by occupants
shall be provided with adequate railings or parapets. Such protective
railings or parapets shall be properly balustraded and be not less
than three (3') feet in height.
d.
Every roof, wall, window, exterior door and hatchway shall be free
from holes or leaks that would permit the entrance of water within
a dwelling or be a cause of dampness.
e.
Every foundation, floor and wall of a dwelling shall be free from
chronic dampness.
f.
Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodent-proofing and vermin-proofing may be required by the Board of Health. Rodent and vermin extermination shall be carried out in accordance with Section BH3-14k of this Chapter. Every openable window, exterior door, skylight and other opening to the outdoors shall be supplied with properly fitting screens in good repair from May 1 until October 1 of each year. Such screens shall have a mesh of not less than No. 16.
g.
Every building, dwelling, dwelling unit and all other areas of the
premises shall be clean and free from garbage or rubbish and hazards
to safety.
h.
The Health Officer may order the owner to clean, repair, paint, whitewash or paper such walls or ceilings when a wall or ceiling within a dwelling has deteriorated so as to provide a harborage for rodents or vermin or when such a wall or ceiling has become stained or soiled or the plaster, wallboard or other covering has become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in Section BH3-14f of this Chapter.
i.
Every water-closet compartment floor and bathroom floor shall be
so constructed and maintained as to be reasonably impervious to water
so as to permit such floor to be kept in a clean condition.
[BH Ord. #51; 1976 Code § 188-13]
a.
Every dwelling unit shall contain at least one hundred fifty (150)
square feet of floor space for the first occupant thereof and at least
one hundred (100) additional square feet of floor space for every
additional occupant thereof, the floor space to be calculated on the
basis of total habitable room area.
b.
In every dwelling unit of two (2) or more rooms, every room occupied
for sleeping purposes by one (1) occupant shall contain at least seventy
(70) square feet of floor space, and every room occupied for sleeping
purposes by more than one (1) occupant shall contain at least fifty
(50) square feet of floor space for each occupant thereof. Notwithstanding
the foregoing, in every lodging unit every room occupied for sleeping
purposes by one (1) occupant shall contain at least eighty (80) square
feet of floor space, and every room occupied for sleeping purposes
by more than one (1) occupant shall contain at least sixty (60) square
feet of floor space for each occupant thereof.
c.
At least one-half (1/2) of the floor area of every habitable room
shall have a ceiling height of at least seven (7') feet. The
floor area of that part of any room where the ceiling is less than
five (5') feet shall not be considered as part of the floor area
in computing the total floor area of the room for the purpose of determining
the maximum permissible occupancy thereof.
d.
No room in a lodging unit may be used for sleeping if the floor level
of the room is lower than three and one-half (3 1/2') feet
below the average grade of the ground adjacent to and within fifteen
(15') feet of the exterior walls of the room.
e.
A room in a lodging unit located below the level of the ground but
with the floor level less than three and one-half (3 1/2')
feet below the average grade of the ground adjacent to and within
fifteen (15') feet of the exterior walls of the room may be used
for sleeping, provided that the walls and floor thereof in contact
with the earth have been damp-proofed in accordance with a method
approved by the administrative authority, and provided that the windows
thereof are at least fifteen (15') feet from the nearest building
or wall.
[BH Ord. #51; 1976 Code § 188-14]
a.
No owner or occupant shall cause any services, facilities, equipment
or utilities which are required under this Chapter to be removed from,
shut off or discontinued in any occupied dwelling let or occupied
by him, except for such temporary interruption as may be necessary
while actual repairs or alterations are in process or during temporary
emergencies when discontinuance of service is authorized by the Health
Officer. In the event that any service or utility which the owner
has agreed to supply is discontinued, the owner shall take immediate
steps to cause the restoration of such service or utility.
b.
The owner of a dwelling located in an area found by the Health Officer
to be infested by rats, insects or other vermin shall carry out such
rat-stoppage, vermin-proofing or other means of preventing infestations
of the dwelling as may be required by the Board of Health.
c.
No owner shall occupy or let to an occupant any vacant dwelling unit
or lodging unit unless it is clean and sanitary.
d.
Every owner of a dwelling containing two (2) or more dwelling units
or lodging units shall be responsible for maintaining in a clean and
sanitary condition the common areas of the dwellings and premises
thereof.
e.
It shall be the responsibility of the owner, unless otherwise provided
for under lease agreement, to provide for the orderly maintenance
of the premises. The storage of objects or materials not covered in
paragraphs c and h of this section or not otherwise prohibited by
Municipal ordinances shall be done in an orderly manner so as to not
constitute a health, safety or fire hazard.
f.
Every occupant of a dwelling shall keep in a clean and sanitary condition
that part of the dwelling which he occupies and controls.
g.
Every occupant of a dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents by placing it in the garbage disposal facilities or garbage storage receptacles required by Section BH3-7a of this Chapter.
h.
Every occupant of a dwelling unit shall dispose of all his rubbish in a clean, sanitary manner by placing it in the rubbish containers required in Section BH3-7b of this Chapter.
i.
In dwellings containing no more than three (3) dwelling units, it
shall be the responsibility of the occupant of each dwelling unit
to furnish the receptacles outside the dwelling unit as are needed
for the storage of garbage and rubbish until removal from the premises.
In lodging houses and in dwellings containing four (4) or more dwelling
units, it shall be the responsibility of the owner to furnish such
receptacles outside the lodging units or dwelling units as are needed
for the storage of garbage and rubbish until removal from the premises.
j.
Every occupant of a dwelling unit in a dwelling containing no more
than three (3) dwelling units shall be responsible, unless provided
for otherwise under a lease agreement, for the periodic removal of
all garbage and rubbish from the premises each week in accordance
with such regulations of the Board of Health or Township for the collection
of garbage and rubbish.
k.
Every occupant of a dwelling comprising a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises; and every occupant of a dwelling
unit in a dwelling containing more than one (1) dwelling unit shall
be responsible for such extermination whenever his dwelling unit is
the only one infested. Notwithstanding the foregoing provisions of
this subsection, whenever infestation is caused by failure of the
owner to maintain a dwelling in a rat-proof or reasonably insect-proof
condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two (2) or more of the dwelling units
in any dwelling or in the common parts of any dwelling containing
two (2) or more dwelling units, extermination thereof shall be the
responsibility of the owner.
l.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
m.
In dwellings containing two (2) or more dwelling units having a common
source of heat for domestic hot water, it shall be the responsibility
of the owner to make provisions for the proper operation of such facilities
at all times.
n.
Heating Requirements.
1.
Every owner of a dwelling who permits to be occupied any dwelling
unit or lodging unit therein under any agreement, expressed or implied,
to supply or furnish heat to the occupants thereof, shall provide
that, from October 1 of each year to the next succeeding May 1, every
unit of dwelling space and every habitable room therein be maintained
at a minimum temperature of sixty-eight (68°) degrees Fahrenheit
whenever the outside temperature falls below fifty-five (55°)
degrees Fahrenheit during the daytime hours of 6:00 a.m. and 11:00
p.m. each day. At times other than those specified, every occupied
room in a dwelling unit shall be maintained at least fifty-five (55°)
degrees Fahrenheit whenever the outside temperature falls below forty
(40°) degrees Fahrenheit.
2.
In meeting the aforesaid standards, the owner shall not be responsible
for heat loss and the consequent drop in the interior temperature
arising out of action by the occupants in leaving windows or doors
open to the exterior of the building. The owner shall be obligated
to supply required fuel or energy and maintain the heating system
in good operating condition so that it can supply heat as required
herein, notwithstanding any contractual provision seeking to delegate
or shift responsibility to the occupant or third person, except that
the owner shall not be required to supply fuel or energy for heating
purposes to any unit where the occupant thereof agrees in writing
to supply heat to his own unit of dwelling space and the said unit
is served by its own exclusive heating equipment for which the source
of heat can be separately computed and billed.
3.
In the absence of a contract or agreement to the contrary, an owner
shall be obliged to provide heat whenever heating facilities are under
the control of the owner or whenever two (2) or more dwelling units
or lodging units are heated by a common facility.
o.
The owner shall be responsible for compliance with all provisions
of this Chapter not specified as the responsibility of occupants.
[BH Ord. #51; 1976 Code § 188-15]
Nothing in this Chapter shall be construed to abrogate or impair
the powers of any department of the Township or any agency of the
State of New Jersey to enforce any provisions of its charter or its
ordinances, codes, regulations or statutory provisions or to prevent
or punish violations thereof.
[BH Ord. #51; 1976 Code § 188-16]
The Health Officer or, in his absence, the Principal Sanitarian
or such other person to whom the Board has by resolution delegated
the authority to enforce this Chapter is hereby authorized and directed
to make inspections to determine the condition of common or public
portions and areas of dwellings, dwelling units, rooming units and
premises located within the Township 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 Health Officer or, in his absence, the Principal
Sanitarian or such other person to whom the Board has by resolution
delegated authority to enforce this Chapter is hereby authorized to
enter, examine and survey at all reasonable times all common or public
portions and areas of all dwellings, dwelling units, rooming units
and premises. The owner or occupant of every dwelling, dwelling unit,
room unit and premises or the person in charge thereof shall give
the Health Officer or, in his absence, the Principal Sanitarian or
such other person to whom the Board has by resolution delegated authority
to enforce this chapter free access to all common or public portions
and areas of such dwelling, dwelling unit, rooming unit or premises
at all reasonable times for the purpose of such inspection, examination
and survey. Access to nonpublic or private areas shall be only with
the consent of the owner thereof or, if occupied by someone other
than the owner, then only with the consent of the occupant or upon
the showing of good and probable cause, as provided by law, that a
violation exists and the issuance of a warrant or court order permitting
such access. Every non-owner-occupant of a dwelling, dwelling unit,
rooming unit or premises shall give the owner thereof or his agent
or employee access to any part of such dwelling, dwelling unit, rooming
unit or 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 Chapter or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
Chapter.
[BH Ord. #51; 1976 Code § 188-17]
a.
Whenever the Health Officer or, in his absence, the Principal Sanitarian
or such other person to whom the Board has by resolution delegated
authority to enforce this Chapter, determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this Chapter 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. 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 sent by registered
mail to his last known address 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 Chapter and with rules and regulations
adopted pursuant thereto.
b.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Chapter, or of any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Board of Health, provided that
such person shall file in the office of the Board of Health 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 Board of Health 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 Board of Health may postpone
the date of the hearing for a reasonable time beyond such ten (10)
day period if, in its judgment, the petitioner has submitted a good
and sufficient reason for such postponement. After such hearing the
Board of Health shall sustain, modify or withdraw the notice, depending
upon its findings as to whether the provisions of this Chapter and
of the rules and regulations adopted pursuant thereto have been complied
with. If the Board of Health sustains or modifies such notice, it
shall be deemed to be an order. Any notice served pursuant to this
Chapter shall automatically become an order if a written petition
for a hearing is not filed in the office of the Board of Health within
ten (10) days after such notice is served. The proceedings at such
hearing, including the findings and decision of the Board of Health,
shall be summarized, reduced to writing and entered as a matter of
public record in the office of the Board of Health. Such record shall
also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Board
of Health may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the State.
c.
Whenever the Board of Health finds that an emergency exists which
requires immediate action to protect the public health or safety,
it may, without notice or hearing, issue an order reciting the existence
of such emergency and requiring that such action be taken as it deems
necessary to meet the emergency. Notwithstanding the other provisions
of this Chapter such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Board of Health, he shall be afforded a hearing
as soon as possible. After such hearing, depending upon its findings
as to whether the provisions of this Chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
Board of Health shall continue such order in effect, or modify it,
or revoke it.
[BH Ord. #51; 1976 Code § 188-18]
The Board of Health is hereby authorized and empowered to make
and adopt such written rules and regulations as it may deem necessary
for the proper enforcement of the provisions of this Chapter; provided,
however, that such rules and regulations shall not be in conflict
with the provisions of this Chapter nor in anywise alter, amend or
supersede any of the provisions thereof. The Board of Health shall
file a certified copy of all rules and regulations which it may adopt
in its office and in the office of the Clerk of the Board of Health
of the Township.
[BH Ord. #51; 1976 Code § 188-19]
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 does not conform to the provisions of this Chapter,
which provisions are hereby fixed, adopted and established as the
standard to be used in determining whether a dwelling is safe, sanitary
and fit for human habitation.
[BH Ord. #51; 1976 Code § 188-20; New]
[BH Ord. #51; BH Ord. #664; 1976 Code § 188-21]
a.
Purpose. The purpose of this section is to exercise the Municipal
police powers authorized by N.J.S.A. 40:48-1(15) and N.J.S.A. 40:48-2.3
et seq., as amended.
b.
BUILDING
GOVERNING BODY
OWNER
PARTIES IN INTEREST
PUBLIC AUTHORITY
PUBLIC OFFICER
Definitions. As used in this section:
Shall mean 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.
Shall mean the Township Council.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any housing authority or any officer or sub-officer
who is in charge of any department or branch of the government of
the Township, County or State relating to health, fire, building regulations,
or to other activities concerning buildings in the Township.
Shall mean the Township Construction Official.
c.
Complaint Procedure.
1.
The Township Construction Official is hereby designated as the Public
Officer and is authorized to exercise the powers prescribed by this
section. The powers authorized by N.J.S.A. 40:48-2.3 and N.J.S.A.
40:48-1(15) are delegated to the Township Construction Official.
2.
Whenever a petition is filed with the public officer by a public
authority or by at least five (5) 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 (on his own motion) that
any building is unfit for human habitation or occupancy or use, the
public officer 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 public officer (or his designated agent) at a place
therein fixed not less than ten (10) days nor more than thirty (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.
3.
Whenever a petition is filed with the public officer by the governing
body, a public authority or by at least five (5) residents of the
Township, or when it appears to the public officer on his own motion
that any building, wall or structure is or may become dangerous to
life or health or may tend to extend a conflagration, the public officer
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 public officer (or his designated agent) at a place therein fixed
not less than ten (10) days nor more than thirty (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.
d.
Determination.
1.
If after such notice and hearing, the public 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:
(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 times 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 or removal; or
2.
If after such notice and hearing, the public officer determines that
the building, wall, or structure is or may become dangerous to life
or health, or might tend to extend a conflagration, 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:
e.
Failures to Comply.
1.
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 officer may cause such building to be repaired, altered
or improved, or to be vacated and closed; that 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."
2.
If the owner fails to comply with an 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.
f.
Costs.
1.
The amount of 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 act determined in favor of the
Municipality, and such 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 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.
2.
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, 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
exceed 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 or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such court; provided, however,
that nothing in this section 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. Any owner or party in interest may, within sixty (60) 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.
g.
Standards. 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 (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;
such ordinance may provide additional standards to guide the public
officer, or his agents, in determining the fitness of a building for
human habitation or occupancy or use.
h.
Service of Complaints and Orders. Complaints or orders issued by
a public officer pursuant to this section 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
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 each week for two (2) successive weeks in a newspaper
printed and published in the Municipality or, in the absence of such
newspaper, in one printed and published in the county and circulating
in the Municipality in which the buildings are located. A copy of
such complaint or order shall duly recorded or lodged for record with
the County recording officer of the County in which the building is
located. Proof of service shall be filed with the officer having charge
of the record of tax liens in the Township.
i.
Additional Powers of Public Officer. The public officer is authorized
to exercise powers as may be necessary or convenient to carry out
and effectuate the purposes and provisions of this act, including
the following powers in addition to 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
of 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 the ordinances; and (e) to delegate any of his
functions and powers under the ordinance to such officers and agents
as he may designate.
j.
Supplemental Nature of Section. Nothing in this section shall be
construed to abrogate or impair the powers of the courts of any department
of any Municipality to enforce any provisions of its charter or its
ordinances or regulations, nor to prevent or punish violations thereof;
and the powers conferred by this act shall be in addition and supplemental
to the powers conferred by any other law.
