It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Township of Plumsted
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 is inimical to the welfare of the residents of said municipality
and dangerous and injurious to the health and safety of the people
of this municipality, and that a public necessity exists for the repair,
closing or demolition of such building or buildings or parts thereof.
The words "governing body," "public authority," "public officer,"
"owner," "parties in interest" and "building," whenever used or referred
to in this chapter, shall have the meanings and be defined as set
forth in N.J.S.A. 40:48-2.4.
No owner or parties in interest shall continue the existence, use or occupancy of any building or buildings or parts of buildings in violation of the findings and declarations of §
9-1 hereof.
The public officer hereby designated and appointed to exercise
the powers prescribed by this chapter shall be the Zoning Officer.
Whenever a petition shall be filed with the public officer by
a public authority or by at least five (5) residents of the municipality,
charging that any building is unfit for human habitation, or whenever
it appears to the public officer 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 seven (7) days nor more
than thirty (30) days after the serving of said 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 public officer or his designated
agent.
If, after such notice and hearing, the public officer determines
that the building or buildings under consideration are 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 owners thereof and parties in interest an order:
A. Requiring
the repair, alteration or improvement of said building to be made
by the owner within a reasonable time, which time shall be set forth
in the order, or, at the option of the owner, to vacate or have the
said building vacated and closed within the time 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 said building within the time specified
in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said order
of removal.
If the owner fails to comply with an order to remove or demolish
the building, the public officer with the approval of the Township
Committee may cause such building to be removed or demolished or may
contract for the removal or demolition thereof after advertisement
for the receipt of bids therefor in accordance with the local public
contracts law.
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 proceedings taken under this chapter determined
in favor of the municipality, 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 necessary, 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 public officer 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 or 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 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; or disrepair, structural defects or uncleanliness.
Complaints or orders issued by the public officer pursuant to
this chapter shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer or his legal agent
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 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 be posted in a conspicuous
place on the premises affected by the complaint or order, and copy
of such complaint or order shall be duly recorded or lodged for record
with the County Clerk of Ocean County.
The public officer is hereby authorized to exercise such powers
as shall be necessary or convenient to carry out and effectuate the
purposes and provisions of this chapter subject to the approval of
the governing body, 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 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 provisions of this chapter.