[Ord. No. 2016-07 § 1]
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purposes hereof,
unless a different meaning clearly appears from the context:
Any building or structure or part thereof, whether used for
human habitation or otherwise, including any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
The Mayor and Committee of the Township of Green.
The holder or holders of the 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 official who is in charge of
any department or branch of the government of the Township of Green,
relating to health, fire, building regulations or to other activities
concerning buildings in the Township of Green.
The Construction Official or such other public official as
shall from time to time be designated by the Governing Body.
[Ord. No. 2016-07 § 2]
Whenever it shall be found that there exists in the Township
of Green buildings which are unfit for human habitation or occupancy
or use due to dilapidation, disrepair, structural defects increasing
the hazards of fire, accidents or other calamities, lack of adequate
ventilation, light or sanitary facilities or due to other conditions
rendering such buildings unsafe or unsanitary and dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the
residents, the Construction Official shall, upon the filing of a petition
by a public authority or by at least five residents of the Township
of Green, charging that any building is unfit for human habitation
or occupancy or use, or if it shall appear to such Construction Official,
on his own motion, that any building is unfit for human habitation
or occupancy or use, make a preliminary investigation or cause such
preliminary investigation to be made concerning the basis for such
charges.
[Ord. No. 2016-07 § 3]
a.
Buildings shall be considered unfit for human habitation or occupancy
or use, within the meaning hereof, when one or more of the below listed
conditions are found to exist. Not all of the below listed conditions
would be applicable to all buildings depending on the design or use
of any particular building. The conditions are as follows:
1.
Condition of Structure. The condition of the structure is such as
to make it unsafe or unsanitary through the presence of serious safety
hazards resulting from the need for major repairs to the roof, walls,
ceiling, floors or stairs or through the presence of serious health
hazards resulting from continuous dampness or exposure brought about
by neglect or dilapidation.
2.
Water Supply. Lack of potable running water within each dwelling
or lack of hot water facilities available to each dwelling.
3.
Sewerage System. No connection between plumbing fixtures and adequate
sewage disposal system.
4.
Toilet Facilities. No flush toilet fit for use in each building.
5.
Bath facilities. No bathtub or shower fit for use in each dwelling.
6.
Kitchen Facilities: Lack of permanent, safe and reasonably efficient
kitchen facilities within each dwelling unit, including a sink with
running water and provisions for a cooking stove.
7.
Lighting Facilities. Building inadequately wired for electricity.
8.
Heating Facilities. Heating facilities inadequate or unsafe.
9.
Light and ventilation. Living room, bedroom or kitchen with no windows
or with windows opening on an air shaft, or toilet or bathroom without
adequate ventilation.
10.
Unsecured building. Any building without adequate doors or windows
in place capable of being locked or otherwise secured to prevent the
unauthorized entrance into said building by any person.
b.
The generality of the condition rendering a building unfit for human habitation or occupancy or use, specified in Section 15-2 hereof, shall not be deemed in anywise limited by the foregoing specification of conditions.
c.
Any building or buildings, or parts thereof, which have been damaged
to such an extent that nothing remains but the walls, or parts of
the walls and other supports, shall, regardless of the safety and
sturdiness of those remaining walls or parts thereof, be deemed inimical
to the welfare of the residents of the Township of Green and the Township
may exercise its police powers to repair, demolish, or cause the repairing
or demolishing of the building or buildings, or parts thereof, pursuant
to P.L. 1942, c. 112 (C. 40:48-2.3 et seq.), and the provisions of
this chapter.
[Ord. No. 2016-07 § 4]
If a preliminary investigation shall disclose to said Construction
Official a basis for the charges filed, he shall issue and cause to
be served upon the owner of and parties of interest in such building
a complaint stating the charges in that respect. Said complaint shall
also contain a notice that a hearing will be held before him at a
place therein fixed not less than seven days nor more than 30 days
after the serving of said complaint.
[Ord. No. 2016-07 § 5]
The owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person, by counsel or
otherwise, and give testimony at the time and place fixed in the complaint.
[Ord. No. 2016-07 § 6]
The rules of evidence prevailing in courts of law or equity
shall not be controlling in a hearing before the Construction Official.
[Ord. No. 2016-07 § 7]
The Construction Official may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such buildings which are dangerous or injurious to the health and safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Township of Green. Such conditions shall be deemed to include, without limiting the generality of the foregoing, defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; failure to comply with the requirements of the building code or the certificate of occupancy; and the conditions set forth in Section 15-2 and Section 15-3 of this chapter.
[Ord. No. 2016-07 § 8]
When, after such notice and hearing, the Construction Official
determines that the building under consideration is unfit for human
habitation or occupancy or use, he shall state, in writing, his findings
of fact in support of such determination and shall issue and cause
to be served upon the owner thereof and the parties in interest an
order as follows:
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 said building vacated and closed within the time set forth
in the order.
b.
If the building is in such a condition as to make it dangerous to
the health and safety of the 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 to be specified
in said order.
[Ord. No. 2016-07 § 9]
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 Construction Official may cause such building to be
repaired, altered or improved or to be vacated and closed. The Construction
Official shall 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 occupancy of
this building is prohibited and unlawful."
[Ord. No. 2016-07 § 10]
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official may cause such building to
be removed or demolished or may contract for the removal or demolition
thereof after advertisement and after receipt of bids therefor.
[Ord. No. 2016-07 § 11]
The amount of the cost of such repairs, alterations or improvements
or vacating and closing or removal or demolition, when done by the
Construction Official, shall be a municipal lien against the real
property upon which such cost was incurred. If the building is removed
or demolished by the Construction Official, he shall sell the materials
of such building and shall credit the proceeds of such sale against
the cost of the removal or demolition, including the clearance and,
if necessary, the leveling of the site, and any balance remaining
shall be deposited in the Superior Court of New Jersey, Chancery Division,
by the Construction Official, shall be secured in such manner as may
be directed by such court and shall be disbursed by such court to
the persons found to be entitled thereto by final order or decree
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 proceeding or otherwise.
[Ord. No. 2016-07 § 12]
Complaints or orders issued by the Construction Official, 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 Construction Official in
the exercise of reasonable diligence, and the Construction Official
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 Township of Green or circulated
in said Township. 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 County Clerk of Sussex County.
[Ord. No. 2016-07 § 13]
Any person affected by an order issued by the Construction Official
may petition the Chancery Division, Superior Court, for relief in
accordance with P.L. 1942, c. 112, N.J.S.A. 40:48-2.3 et seq.
[Ord. No. 2016-07 § 14]
The remedies herein provided shall be exclusive remedies, and
no person affected by an order of the Construction Official shall
be entitled to recover any damage for action taken pursuant to any
order of the Construction Official or because of non-compliance by
such person with any order of the Construction Official.
[Ord. No. 2016-07 § 15]
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Public Officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
[Ord. No. 2016-07 § 16]
In addition to the powers herein granted to the Construction
Official, he shall also have the following powers:
a.
To investigate the building conditions in the Township of Green 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.
[Ord. No. 2016-07 § 17]
Nothing in this chapter shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this chapter intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act P.L. 1975, c. 127, (N.J.S.A. 52:27D-119 et seq.)
or any rules or regulations adopted thereunder.
[Ord. No. 2016-07 § 18]
For the enforcement of provisions of this chapter, the office
of Rehabilitation Director is hereby created, and appointment to the
office shall be by the Mayor and Committee for such term or terms
and with such compensation as it may fix. The Construction Official
may also serve as the Rehabilitation Director.
[Ord. No. 2016-07 § 19]
Every building which shall have been damaged by fire or other
cause so as to be dangerous by reason of the bad condition of walls,
floors, construction or otherwise shall be held to be unsafe, and
the Construction Official, besides proceeding as hereinabove provided,
shall also fix a notice of the dangerous character of the structure
to a conspicuous place on the exterior of the building.
[Ord. No. 2016-07 § 20]
Any person convicted of a violation of any of the provisions
hereof by unlawfully removing any notice affixed to any building or
by refusing to vacate any building, structure or premises or part
thereof when lawfully ordered to vacate same shall, upon conviction,
be punishable by a fine not exceeding $2,000 or imprisonment for a
term not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof.
[Ord. No. 2016-07 § 21]
The imposition of the fine or imprisonment for a violation of
this chapter shall not be construed as in any manner affecting the
enforcement of the other provisions hereof.
