[Ord. No. 2017-8]
a.
Short Title.
This article shall be known and cited as "Property Maintenance
Code of the Township of Union."
b.
Purpose and Policy of Article.
It is hereby found and declared that there exists in the Township
of Union structures used for residential and nonresidential use which
are or may become in the future substandard with respect to structure
or maintenance or further that such conditions, including but not
limited to, structural deterioration and lack of maintenance constitute
a menace to health, safety, morals, welfare and reasonable comfort
of the citizens and inhabitants of the Township of Union. It is further
found and declared that by reason of lack of maintenance and progressive
deterioration certain properties have the further effect of creating
blighting conditions and initiating slums, and that if the same are
not curtailed and removed, the aforesaid conditions will grow and
spread and will necessitate in time the expenditure of large amounts
of public funds to correct and eliminate the same, and that by reason
of timely regulations and restrictions as herein contained, the growth
blight may be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities of residential and nonresidential
uses and neighborhood enhanced, and the public health, safety and
welfare protected and fostered.
The purpose of this article is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of residential and nonresidential
premises; to authorize and establish procedures for the inspection
of residential and nonresidential premises; to fix penalties for the
violation of this article. This article is hereby declared to be remedial
preventive and essential for the public interest and it is intended
that this code be liberally construed to effectuate the purposes as
stated herein.
c.
Applicability.
Every residential and nonresidential building and the premises
on which it is situated in the Township of Union, used or intended
to be used for dwelling, commercial, business or industrial occupancy,
shall comply with the provisions of this article, whether or not such
building shall have been constructed, altered or repaired before or
after enactment of this article, and irrespective of any premises
or licenses which shall have been issued for the use or occupancy
of the building or premises, for the construction or repair of the
building, prior to the date of this article. This article does not
replace or modify standards otherwise established for the construction,
repair, alteration or use of the building, equipment or facilities
contained therein except as provided in the following paragraph. Where
there is a mixed occupancy, residential or nonresidential use therein
shall be nevertheless regulated by and subject to the provisions of
this article.
In any case where the provisions of this article impose a higher
standard than set forth in any other ordinances of the Township of
Union or under the laws of the State of New Jersey, then the standards
as set forth herein shall prevail, but if the provisions of the article
impose a lower standard than any other ordinances of the Township
of Union or laws of the State of New Jersey, then the higher standard
contained in any other such ordinance or law shall prevail.
a.
Maintenance of Exterior of Premises and Structures.
The exterior of the premises and all structures thereon shall
be kept free of all nuisances and any hazards to the safety of the
occupants, pedestrians and other persons utilizing the premises, and
free of unsanitary conditions and any of the foregoing shall be promptly
removed and abated by the owner or operator. It shall be the duty
of the owner or operator to keep the premises free of hazards which
include but are not limited to the following:
1.
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
2.
Natural growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions, or storm
damage, constitute a hazard to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions.
3.
Overhangings. Loose and overhanging objects, and accumulations of
ice and snow which by reason of location aboveground level constitute
a danger of falling on persons in the vicinity thereof.
4.
Ground surface hazards. Holes, excavations, breaks, projections,
obstructions, walks, driveways and parking areas and other parts of
the premises which are accessible to and used by persons. All such
holes and excavations shall be filled and repaired, walks and steps
repaired and/or replaced and other conditions removed where necessary
to eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery.
5.
Recurring accumulations and alterations of stormwater and groundwater
runoff. Adequate run-off drains shall be provided and maintained to
eliminate any recurrent or excessive accumulation or runoff of stormwater
or groundwater from leaders, gutters, sump pumps or similar sources
onto the grounds, walks, steps, driveways and other surfaces of the
property, and upon adjoining properties, streets, roads and sidewalks
and other public and private areas.
[Amended 7-18-2018 by Ord. No. 2018-7]
6.
Source of infestation. Sources of infestation shall be eliminated.
7.
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of safely bearing imposed
loads.
8.
Chimneys, flues and vents. Chimneys and all flues and vent attachments
thereto shall be maintained structurally sound, free from defects
and so maintained as to capably perform at all times the functions
for which they were designed. Chimneys, flues, gas vents or other
draft producing equipment shall provide sufficient draft to develop
the rated output of the connected equipment, shall be structurally
safe, durable, smoke tight and capable of withstanding the action
of flue gases.
9.
Porches, landings, balconies, stairs and fire escapes. Porches, landings,
balconies, stairs and fire escapes shall be provided with banisters
or railings properly designed and maintained to minimize the hazards
of falling, and the same shall be kept structurally sound and in good
repair.
b.
Appearances of Exterior of Premises and Structures.
The exterior of the premises, the exterior of dwelling structures
and the condition of accessory structures shall be maintained so that
the appearance of the premises and all buildings thereon shall reflect
a level of maintenance in keeping with the residential standards of
the neighborhood and such that the appearance of the premises and
structures shall not constitute a blighting factor for adjoining property
owners nor an element leading to the progressive deterioration of
the neighborhood with the accompanying diminution of property values
including the following:
1.
Storage of commercial and industrial materials. There shall not be
outside storage of equipment and materials relating to business, commercial
or industrial uses unless permitted under the Land Regulations of
the Township of Union for the premises.
2.
Landscaping. Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view and where the same constitute a blighting
factor depreciating adjoining property and impairing the good residential
character of the neighborhood.
3.
Signs. All signs permitted by reason of other regulations or as a
lawful nonconforming use shall be maintained in good repair and printed
matter, pictures or illustrations contained thereon shall be completely
maintained or when no longer in use completely removed immediately.
4.
Reconstruction of walls and sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the residential character of the properties in the same block
and on both sides of the street on which the premises front, such
that the materials used will not be of a kind that by their appearance
are under prevailing appraisal practices and standards will depreciate
the values of neighboring and adjoining premises as aforesaid.
5.
Swimming Pools. Swimming pools and areas surrounding them shall be
operated in accordance with applicable State statutes or Township
ordinances and shall be regularly maintained.
6.
General Maintenance. The exterior of every structure or accessory
structure, including fences, shall be maintained in good repair by
the owner or operator and all surfaces thereof shall be kept painted
or otherwise provided with a protective coating sufficient to prevent
structural deterioration and to maintain appearances. The same shall
be maintained free of broken glass, loose shingles, crumbling stone
and brick, excessive peeling of paint or other condition reflective
of deterioration or inadequate maintenance to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood from blighting influences.
7.
Front Yard Parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer the same to be done in any front yard
areas of premises occupied by a residential dwelling, except on driveways
and parking areas constructed and installed in compliance with applicable
Township ordinances.
c.
Structural Soundness.
Every dwelling and accessory structure and every part thereof
shall be kept structurally sound and in a state of good repair to
avoid safety, health or fire hazards, including:
1.
Exterior Walls, Siding and Roofs. Exterior walls, siding and roofs
shall be kept structurally sound, in good repair and free from defects.
2.
Painting and Other Protective Coating. All exposed surfaces susceptible
to decay shall be kept at all times painted or otherwise provided
with a protective coating sufficient to prevent deterioration.
3.
Weather and Water Tightness. Every dwelling shall be so maintained
as to be weather and water tight. Exterior walls, roofs, windows,
window frames, doors, door frames, foundations and other parts of
the structure shall be so maintained as to keep water from entering
the structure and prevent excessive drafts. Damaged materials must
be repaired or replaced promptly; places showing signs of rot, leakage,
deterioration or corrosion are to be restored and protected against
weathering seepage.
a.
Maintenance of Exterior of Premises and Structures.
The exterior of the premises and all structures thereon shall
be kept free of all nuisances and any hazards to the safety of occupants,
pedestrians and persons utilizing the premises, and free of unsanitary
conditions and any of the foregoing shall be promptly removed and
abated by the owner or operator. It shall be the duty of the owner
or operator to keep the premises free of hazards.
b.
Appearance of Exterior of Premises and Structures.
The exterior of the premises and the condition of accessory
structures shall be maintained by the owner or operator so that the
appearance of the premises and all buildings thereon shall reflect
a level of maintenance in keeping with the standards of the neighborhood
and such that the appearance of the premises and the structures shall
not constitute a blighting factor for adjoining property owners nor
an element leading to the progressive deterioration and downgrading
of the neighborhood with the accompanying diminution of property values
including the following:
1.
Landscaping. Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed and free from becoming overgrown
and unsightly where exposed to public view and where the same constitute
a blighting factor depreciating adjoining property.
2.
Signs and billboards. All permanent signs and billboards exposed
to public view permitted by reason of other regulations or as lawful
nonconforming shall be maintained in good repair. Any signs which
have excessively weathered or faded or those upon which the paint
has excessively cracked or peeled shall with their supporting members
be removed forthwith or put into a good state of repair. All non-operative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
3.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event such awnings
or marquees are not properly maintained in accordance with the foregoing
they shall, together with their supporting members, be removed forthwith.
In the event said awnings or marquees are made of cloth, plastic or
other similar materials said cloth or plastic where exposed to the
public view shall be maintained in good condition and shall not show
evidence of excessive weathering, discoloration, ripping, tearing
or other holes. Nothing herein shall be construed to authorize any
encroachment on streets, sidewalks, or other parts of the public domain.
4.
Reconstruction of Walls and Sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, such that the materials
used will not be of a kind that their appearance under prevailing
appraisal practices and standards will depreciate the values of neighboring
and adjoining premises as aforesaid.
5.
Repairs. In the event repairs to the front or public portion of a
non-residential property becomes necessary, such repairs shall be
made with the same or similar materials used in the construction of
the non-residential property in such a manner as to permanently repair
the damaged area or areas. Any cornice visible above a non-residential
property shall be kept painted, where required, and in good repair.
c.
Structural Soundness.
The exterior of every structure or accessory structure (including
fences, signs and store fronts) shall be maintained by the owner or
operator in good repair and all surfaces thereof shall be kept painted
or otherwise provided with a protective coating sufficient to prevent
structural deterioration and to maintain appearances. All surfaces
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other conditions reflective
of deterioration or inadequate maintenance to the end that the property
itself may be preserved and safety and fire hazards eliminated.
d.
Off-Street Parking and Loading Areas.
1.
Surfaces. The surface of all off-street parking and loading areas
shall be maintained free from debris, litter, water accumulations
and pot holes.
2.
Lighting. Existing lighting shall be maintained in good working order,
in off-street parking areas which are used at night and do not presently
have lighting, and adequate lighting shall be provided. All lighting
shall be so arranged and maintained as not to reflect or cause glare
on abutting residential lands.
3.
Pavement Marking. Each automobile parking space shall be the size
as required by the applicable Township ordinance and pavement directional
arrows shall be per the aforesaid ordinance.
a.
Public Officer.
1.
Enforcing Officer. The provisions of the within article shall be
enforced by the Property Maintenance Inspector. The Mayor shall nominate
and appoint a Property Maintenance Inspector with the advice and consent
of the Township Committee. The term of office of the Property Maintenance
Inspector shall begin on January 1 and expire one year thereafter
on December 31 except that the term of office of the first Property
Maintenance Inspector appointed hereunder shall be from the date of
appointment and qualification to December 31 next ensuing. The Property
Maintenance Inspector shall report directly to the Mayor and Township
Committee.
2.
Absence of Public Officer. The Mayor, in the same manner set forth
in Subsection a1 above, may appoint a deputy Property Maintenance
Inspector who shall have all powers and perform all the duties of
the Property Maintenance Inspector during his absence or disability.
b.
Inspections.
All buildings and premises subject to this article are subject
to inspections from time to time by the public officer. At the time
of such inspections, the building and all parts of the premises must
be available and accessible for such inspections and the owner, operator
and occupant are required to provide the necessary arrangements to
facilitate inspections. Such inspection shall be made between 8:00
a.m. and 4:00 p.m. prevailing time unless one of the following conditions
exists:
1.
The premises are not available during the foregoing hours for inspection;
2.
There is reason to believe that violations are occurring on the premises
which can only be apprehended and detected by inspections during other
than the prescribed hours or which require immediate inspection after
being reported;
3.
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety requiring an inspection
and abatement without delay.
c.
Entry Refusal.
Where the public officer or his agent is refused entry or access
is otherwise impeded or prevented by the owner or operator from conducting
an inspection of the premises, such person shall be in violation of
this article and subject to the penalties hereunder.
d.
Search or Access Warrants.
In addition to the provisions of Subsection c., the public officer,
may, upon affidavit, apply to the Judge of the Municipal Court or
other court of proper jurisdiction for a search warrant setting forth
factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this article exists
on the premises, and if the Judge is satisfied as to the matter set
forth in the affidavit, he shall authorize the issuance of a search
warrant permitting access to an inspection of that part of the premises
on which the nuisance or violation exists. Warrants for access may
be issued by the Judge.
e.
Procedure.
The following procedural rules will govern in the administration
of this article.
1.
Notice. Where a violation of this article or the regulations thereunder
is found to exist, a written notice from the public officer shall
be served on the person or persons responsible for the correction
thereof. The notice shall specify the violation or violations committed,
and what must be done to correct or abate the violation.
2.
Service of Notice. Notice may be served personally or by confirmed
fax or e-mail or by mail with postage prepaid thereon, addressed to
the last known address of the person to be served. Where it is ascertained
that the owner does not reside on the premises, the "last known address"
shall be the address of the owner as shown in the office of the Tax
Collector of the Township. If the last known address cannot be ascertained,
the notice may be posted on the outside front entrance of the building.
The public officer shall file and provide notice to any owner and
operator of any violation at any address other than the last known
address provided hereunder if such other address is filed with the
public officer personally or by certified mail addressed to the public
officer. Service upon an owner or operator may be also attained by
service of any notice upon a member of the family of the owner or
operator. Date of service of this notice shall be determined where
service is mailed as of the day following the day of mailing for notice
to addressees within the Township and as of the fourth day after the
day of mailing for notice to addressees outside the Township. Where
the day of service would fall upon a Sunday or other day when mail
is not ordinarily delivered, the day of service shall be the next
regular delivery day.
3.
(Reserved)
4.
(Reserved)
5.
Extensions for Corrections or Abatements. The public officer may
extend the time for correction or abatement of the violations for
an additional period not to exceed 30 days, except where major or
capital improvements or renovations are involved in which instance
the time completion may be extended for a period not to exceed 90
days beyond the expiration date of the original notice.
6.
Summary Abatement in Emergency. Where the violation or condition
existing on the premises is of such a nature as to constitute an immediate
threat to life and limb unless abated without delay, the public officer
may either abate the violation or condition immediately or order the
owner or operator to correct the violation or condition within a period
of time not to exceed three days and upon failure to do so, the public
officer shall abate the condition immediately thereafter.
7.
Cost of Abatement to Be Liened. Where abatement of any nuisance as
defined herein, correction of a defect in the premises or bringing
the premises into compliance with the requirements of any municipal
ordinance or State law applicable thereto requires expending the Township
monies therefor, the public office shall present a report of the work
proposed to be done to accomplish the foregoing to the Mayor and Township
Committee with an estimate of the cost thereof along with a summary
of the proceedings undertaken by the public officer to secure a compliance
including notice as served upon the owners or operators as the case
may be, and hearings and orders of the public officer with reference
thereto. The Mayor and Township Committee may thereupon by resolution
authorize the abatement of the nuisance, correction of the defect
or work necessary to place the premises in proper condition and in
compliance with ordinances of the Township and the laws of the State.
The public officer may thereafter proceed to have the work performed
in accordance with the said resolution at Township expense not to
exceed the amount specified in the resolution, and shall upon completion
thereof submit a report of monies expended and the costs to the Mayor
and Township Committee. After review of the same, the Mayor and Township
Committee may approve the costs whereupon the same shall become a
lien against the premises collectible as provided by law. A copy of
the resolution approving the expenses and costs shall be certified
by the Mayor and Township Committee and filed with the Tax Collector
of the Township who shall be responsible for the collection thereof.
8.
Notice on Hearing Not Required.
(a)
Notwithstanding the requirements of paragraphs e1 and e2, violation of Subsection c entitled Entry Refusal may be prosecuted without notice by the filing of a complaint by the public officer in Municipal Court.
(b)
Where there is a failure to comply with a notice given pursuant to Subsection e., or in the public officer's judgment any work required in the notice has not been completed, the offender may be prosecuted by the filing of a complaint by the public officer in Municipal Court. The Court may in its discretion impose such fine, penalty or judgment as permitted by § 11-3.5.
9.
Effective Notice. For the purposes of enforcement of this article,
the service of a notice on an owner whether or not the owner is also
the operator shall constitute notice of violations set forth herein
until said violations are abated in conformity with this article and
the other applicable ordinances of the Township of Union.
10.
Judicial Proceeding. In addition to any other remedies provided by
this article, by any other ordinances of the Township or by State
statutes, the public officer may institute a judicial proceeding for
a judgment directing the deposit of rents into the court for the purposes
of remedying violations of this article as provided by N.J.S.A. 2A:42-85,
et seq. or N.J.S.A. 40:48-2.12h, or the appointment of a custodian
pursuant to N.J.S.A. 40:48-2.12g.
a.
Fines.
A violation of any section or subsection of this article shall
be punishable by a fine not to exceed $1,000 for each violation committed
hereunder or 90 days in jail or both. Each violation of a section
or subsection of this article shall constitute a separate and distinct
violation independent of any other section or subsection. Each day's
failure to comply with any section or subsection shall constitute
a separate violation.
Nothing in this article shall be construed to abrogate or impair
the power of the Township or any officer or department to enforce
any provisions of any other ordinances or regulations nor to prevent
or punish violations thereof, and the powers conferred by this article
shall be in addition and supplemental to the powers conferred upon
the Township by any other law or ordinance.
a.
ACCESSORY STRUCTURE
BUILDING
DWELLING
DWELLING UNIT
1.
2.
3.
4.
EXTERIOR OF THE PREMISES
FIRE HAZARD
1.
2.
3.
GARBAGE (SEE ALSO REFUSE, RUBBISH)
MIXED OCCUPANCY
NUISANCE
1.
2.
3.
4.
OCCUPANT
OPERATOR
OWNER
PREMISES
PUBLIC OFFICER
PUBLIC VIEW
REFUSE (SEE ALSO GARBAGE, RUBBISH)
REGISTERED MAIL
RUBBISH (SEE ALSO GARBAGE, REFUSE)
STRUCTURE
WEATHERING
Meanings.
The following terms, whenever used here or referred to in this
article shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context:
Shall mean a structure, the use of which is incidental to
that of the main building and which is attached thereto or located
on the same premises.
Shall mean a combination of materials to form a construction
adapted to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes, except buildings for farm
use relating to the Right to Farm Act.
Shall mean any building or structure or part thereof, used
and occupied for human habitation or intended to be used, and includes
any appurtenances belonging thereto or used therewith.
Shall mean a group of interrelated rooms intended or designed
for non-transient residential use of one family:
Separated from the other spaces by lockable doors;
Having access to the outside without crossing another dwelling;
Having living and sleeping facilities.
This room or group of rooms shall be considered a dwelling unit
if it has any of the following: (1) any cooking facilities fixed or
portable, or food refrigeration facilities; or (2) any sanitary facilities.
Shall mean open spaces on the premises outside of any building
thereon.
Shall be defined as follows:
Any device or condition likely to cause fire and which is so
situated as to endanger either persons or property;
The creation, maintenance or continuance of any physical condition
by reason of which there exists a use, accumulation or storage for
use of combustible or explosive material sufficient in the amount
or so located or in such a manner as to put in jeopardy, in event
of an ignition, either persons or property;
The obstruction to or of fire escapes, ladders which may be
used as escapes, exits or windows, likely, in the event of fire, to
interfere with the operation of the fire department or of the safety
and ready egress of occupants.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean any building containing one or more dwelling units
or rooming units and also having a portion thereof devoted to a non-dwelling
use or as a hotel.
Shall mean:
Any public nuisance known at public law or in equity jurisprudence,
or as provided by the statutes of the State of New Jersey or in the
ordinances of the Township of Union;
Any condition which may prove detrimental to health or safety
of children whether in a building, on the premises of a building or
upon an unoccupied lot, this includes, but is not limited to: abandoned
wells, shafts, basements, excavations, abandoned ice boxes, refrigerators,
motor vehicles, any structurally unsound fences or structures, lumber,
trash, fences, debris or vegetation such as poison ivy, oak or sumac,
which may prove a hazard for inquisitive minors;
Physical conditions dangerous to human life or detrimental to
health of persons on or near premises where the conditions exist;
Fire hazards.
Shall mean any person living in, sleeping in or having actual
possession of a dwelling unit or rooming unit, or any person using
or having actual possession of any nonresidential premises.
Shall mean any person who has charge, care or control of
a dwelling or premises, or a part thereof, whether with or without
the knowledge or consent of the owner.
Shall mean any person who alone or jointly or severally with
others shall have legal or equitable title to any premises, with or
without accompanying actual possession thereof; or shall have charge,
care or control of any dwelling or dwelling unit as owner or agent
of the owner or as executor, executrix, administrator, administratrix,
trustee, receiver or guardian of an estate or as a mortgagee in possession
regardless of how such possession was obtained. Any person who is
a lessee subletting or assigning any part or all of any dwelling or
dwelling unit shall be deemed to be a co-owner with the lessor and
shall have joint responsibility over the portion of the premises sublet
or assigned by said lessee.
Shall mean a lot, plot, or parcel of land including the structures
or buildings thereon.
Shall mean the officer who is authorized by this article
to exercise the powers prescribed for him.
Shall mean any premises, or any part thereof, or any building
or any part thereof, which may be lawfully viewed by the public or
any member thereof, from a sidewalk, street, alleyway, parking lot,
or from any adjoining or neighboring premises.
Shall mean all putrescible and non-putrescible solid wastes
(except body wastes) including but not limited to: garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles, and
industrial waste.
Shall mean registered mail or certified mail.
Shall mean non-putrescible solid wastes consisting of both
combustible and non-combustible wastes such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
Shall mean anything constructed, assembled or erected, the
use of which requires location on the ground or underground or attachment
to something having location on or in ground, and shall include all
fences, walls, tanks, towers, advertising devices, bins, tents, lunch
wagons, trailers dining cars, camp cars, or similar structures on
wheel or other supports used for business or living purposes. This
includes any structure equipped with a roof, whether permanent or
temporary, such as porches, awnings, canopies, swimming pools, summer
houses, arbors, balconies and similar elements, fences and signs,
but does not include patios, at grade or unroofed surfaces prepared
for sports. The word "structure" shall not apply to utility services
entirely below the ground.
Shall mean deterioration, decay, or damage caused by exposure
to the elements.
b.
Meaning
of Certain Words. Whenever the words "accessory," "structure," "building,"
"dwelling," "dwelling unit," "premises," or "structure" are used in
this article, they shall be construed unless expressly stated to the
contrary to include plurals of these words as if they were followed
by the words "of any part thereof." The word "shall" shall be applied
retroactively as well as prospectively.
a.
Findings. It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Township of Union
which are so old, dilapidated or have become so out-of-repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy or use are inimical to the welfare and dangerous and
injurious to the health and safety of the people of the Township and
that a public necessity exists for the repair, closing or demolition
of such building or buildings or parts thereof.
b.
Enforcing Officials. The Zoning Official, Construction Code Official
and Property Maintenance Officer of the Township are hereby appointed
and designated as the public officials who shall exercise the powers
described in this section.
c.
Authority of Enforcing Officials. The public officials are hereby
authorized to exercise such powers as may be necessary or to carry
out and effectuate the purposes and provisions of this section, including
the following powers, in addition to others herein granted:
1.
To investigate the building conditions in the Township in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
2.
To administer oaths and affirmations, examine witnesses and receive
evidence.
3.
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.
4.
To appoint and fix the duties of such officials, agents and employees
as they deem necessary to carry out the purposes of this section.
5.
To delegate any of their functions and powers to such officials and
agents as they may designate.
d.
Standards.
1.
The public officials may determine that a building is unfit for human
habitation or occupancy or use if they find 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 the Township. Such conditions may
include the following, without limiting the generality of the foregoing:
2.
The public officials, in reaching such determination, shall be guided
by, among other things, the standards set by the construction code,
zoning ordinance, property maintenance ordinance, and health ordinances
of the Township and by the pertinent requirements of Title 26 of the
New Jersey Revised Statutes.
e.
Complaint; Notice; Hearing. Whenever a petition is filed with the
public officials by the Township Committee or by at least five residents
of the Township charging that any building is unfit for human habitation
or occupancy or use or whenever it appears to the public officials,
on their own motion, that any building is unfit for human habitation
or occupancy or use, the public officials shall, if their preliminary
investigation disclosed a basis for such charges, issue and cause
to be served upon the owner or 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 officials or their designated
agent, at a place therein fixed, not less than seven days nor more
than 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 officials.
f.
Service of Complaint. Complaints or orders issued by the public officials
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 officials in the
exercise of reasonable diligence and the public officials 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
a newspaper printed and published in the county and circulating 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 with the clerk of the County
of Hunterdon.
g.
Order to Repair or Remove.
1.
If, after such notice and hearing, the public officials determine
that the building under consideration is unfit for human habitation
or occupancy or use, they shall state, in writing, their 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
requiring the owner to make the repair, alteration or improvement
of the building within a reasonable time, which time shall be set
forth in the order, or, at the option of the owners, to vacate or
have the building vacated and closed within the time set forth in
the order.
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 may be required to remove or demolish
the building within a reasonable time as specified in the order of
removal.
h.
Failure to Comply; Repair or Closure of Building by Township. 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 officials may cause such building to be repaired, altered
or improved or to be vacated and closed, and the public officials
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."
i.
Failure to Comply; Removal by Township. If the owner fails to comply
with an order to remove or demolish the building, the public officials
may cause such building to be removed or demolished.
j.
Assessment of Costs; Costs to Become Lien. The amount of such cost
of such repairs, alterations or improvements or vacating and closing
or removal or demolition shall be a lien against the real property
upon which such cost was incurred. The detailed statement of the aforesaid
costs shall be filed with the custodian of the records of tax liens
for the Township, and a copy of the detailed statement shall be forthwith
forwarded to the owner by certified mail, return receipt requested
and regular mail. If the building is removed or demolished by the
public officials, they shall sell the materials of such building and
shall credit the proceeds of such sale against the cost of removal
or demolition, and any balance remaining shall be deposited in the
superior court by the public officials, 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 Township 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 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.
