[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Monroe 10-7-68 as Ord. No. 172. Amendments noted where applicable.]
The following terms, when used in this chapter, shall have the
following respective meanings unless a different meaning clearly appears
from the context:
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.
A building or portion thereof providing living facilities
for one or more persons.
The Township Council of the Township of Monroe.
The holder or holders of title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire or building regulations or to other
activities concerning buildings in the municipality.
The officer, officers, board or body who is or are authorized
by ordinances adopted hereunder to exercise the powers prescribed
by such ordinances and the provisions of N.J.S.A. 40:48-2.3 et seq.,
as amended and supplemented. The use of the singular designation "Public
Officer" herein, including singular pronouns, shall refer to the three-member
Board designated "Public Officer" in the Township of Monroe under
the terms of this chapter.
[Amended 10-6-1975 by Ord. No. 276]
The Public Officer, as hereinabove defined, shall consist of
three members, one of whom shall be the Building Inspector of Monroe
Township, and all of whom shall be appointed for a one-year term by
the Mayor, with the advice and consent of the Council of the Township
of Monroe, said appointments to continue until December 31 of each
year or until their successors shall be duly appointed. When so appointed,
said members shall exercise the powers prescribed by this chapter.
[Amended 10-6-1975 by Ord. No. 276]
Any building within the Township of Monroe may be determined
and declared to be unfit for human habitation or occupancy or use
if the Public Officer 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 the neighboring buildings or other
residents of the Township of Monroe, including, 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 or failure to conform to other laws of the
State of New Jersey or ordinances of the Township of Monroe regulating
the safety and sanitation of buildings.
Whenever a petition is filed with the Public Officer by a public
authority or by at least five residents of the Township of Monroe,
charging that any building is unfit for human habitation or occupancy
or use, or whenever it appears to the Public Officer (on its own motion)
that any building is unfit for human habitation or occupancy or use,
the Public Officer shall, if 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 at a place therein fixed not less
than 10 days nor more than 30 days after the serving of said complaint.
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 a member of the Public Officer shall make
an affidavit to that effect, then the serving of such complaint or
order upon the person may be made by publishing the same once each
week for two successive weeks in a newspaper printed and published
in the Township of Monroe or, in the absence of such a newspaper,
in one printed and published in the County of Middlesex and circulated
in the Township of Monroe. 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 also be duly recorded
or lodged for record with the county recording officer of Middlesex
County.
The owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person or by attorney
and give testimony at the place and time fixed in said notice of hearing.
The rules of evidence prevailing in courts of law or equity
shall be controlling in hearings before the Public Officer, except
as may otherwise be provided by law.
At the time and place stated in said notice of hearing, or at
such time and place to which said hearing shall be adjourned from
time to time, the Public Officer shall hold a hearing at which the
charges shall be heard and the owner and parties in interest and witnesses
shall be heard, and the Public Officer shall publicly state the results
of said investigation.
A.
If, after such notice and hearing, the Public Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, it shall state in writing its 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 requiring
the repair, alteration or improvement of the 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.
B.
If the building is in such 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 said building within the time
specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in said order of removal.
If the owner fails to comply with an order so issued by the
Public Officer 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. 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."
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.
A.
The amount of the cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, shall be a municipal
lien against the real property upon which such cost was incurred.
A detailed statement of such cost shall be filed with the Municipal
Tax Assessor or other custodian of the record of tax liens, and a
copy of said statement shall be forthwith forwarded to the owner by
registered mail.
B.
If the building is removed or demolished by the Public Officer, it
shall, if possible, sell or cause to be sold 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
with the Superior Court by the Public Officer and 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.
C.
Any owner or party in interest may, within 60 days from the date
of 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.
In addition to the other powers granted by this chapter to the
Public Officer, it shall also have the following powers:
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 and 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 persons in possession.
This chapter is adopted pursuant to the provisions of N.J.S.A.
40:48-2.3 et seq., as amended and supplemented, and after the adoption
by the Township Committee[1] of the Township of Monroe of a resolution finding that
there is a building or buildings in said municipality unfit for human
habitation or occupancy or use due to dilapidation, defects increasing
the hazards of fire, accidents or other calamities, lack of ventilation,
light or sanitary facilities and other conditions rendering such building
or buildings unsafe or unsanitary or dangerous or detrimental to the
health or safety or otherwise inimical to the welfare of the residents
of the Township of Monroe.
[1]
Editor's Note: The Township Committee is now the Township
Council.
A.
The failure, neglect or refusal of any person to comply with any
order made by the Public Officer pursuant to the provisions hereof
or the hindrance by any person of the Public Officer in making any
investigation under this chapter shall constitute a violation of this
chapter.
B.
Any person or persons, firm or corporation or association violating
this chapter or any of the provisions thereof shall, upon conviction
thereof, be subject to a fine not exceeding $500 or imprisonment in
the Middlesex County Jail for a term not exceeding 90 days, or both,
in the discretion of the Judge before whom such violator shall be
convicted.
[Amended 10-6-1975 by Ord. No. 276]
[Amended 10-6-1975 by Ord. No. 276]
Where there are any conflicts between the provisions of this
chapter and the provisions of the Standard Building Code of New Jersey,[1] the more restrictive provisions shall apply.
