Editor's Note: For licensing provisions for contractors and builders, see Chapter 4, Section 4-10.
[1978 Code § 9-1.1]
a.
There is hereby established in the Township a State Uniform Construction
Code enforcing agency to be known as the Construction Inspection Office,
consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Fire Protection Subcode Official, and such
other subcode officials for such additional subcodes as the Commissioner
of the Department of Community Affairs, State of New Jersey, shall
hereafter adopt as part of the State Uniform Construction Code. The
Construction Official shall be the chief administrator of the enforcing
agency.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, c.217,
as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular
subcode official, an on-site inspection agency may be retained by
contract pursuant to N.J.A.C. 5:23. More than one such official position
may be held by the same person; provided that such person is qualified
pursuant to P.L. 1975, c.217 and N.J.A.C. 5:23, to hold each such
position.
c.
The public shall have the right to do business with the enforcing
agency at the Municipal Building, 65 Main Street, from 8:30 a.m. to
10:30 a.m. Monday through Friday, except for holidays, emergencies
and unforeseen or unavoidable circumstances.
[Ord. No. 970 § 1]
The Sussex County Construction Board of Appeals as established
pursuant to N.J.A.C. 5:23A-1.1 et seq., shall serve as the Appeal
Board for any decisions made by the Township's Uniform Construction
Code Enforcing Agency.
[1978 Code § 8-6; § 9-1.3; Ord. No. 604; Ord. No. 638; Ord. No. 712; Ord. No. 736; Ord. No.
780; Ord. No. 815; Ord. No. 843, § 1; Ord. No. 01-03 §§ 1 - 3; Ord. No. 05-17 §§ 1, 2; Ord. No. 08-24 § 4; Ord. No. 09-03 § 1; Ord.
No. 12-14 § 1; Ord. No.
2016-19 § 3; amended 11-22-2022 by Ord. No. 22-16]
a.
The fees for construction permits shall be as follows:
1.
Plan review:
(a)
The fee for plan review shall be 20% of the amount to be charged
for the construction permit and shall be paid before the plans are
reviewed. The amount paid for this fee shall be credited towards the
amount of the fee to be charged for the construction permit and shall
not be refundable.
(b)
Issued permits with no activity for 12 consecutive months shall be
considered abandoned. No refunds will be provided.
2.
Building subcode: The building subcode fees shall be:
|
New construction (for all use groups except use groups S-1 and
S-2)
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$0.033
|
|
New construction S-1 and S-2 use groups:
| |
|
Up to 100,000 cu. ft. per cu. ft.
|
$0.019
|
|
Over 100,000 cu. ft. per cu. ft.
|
$0.011
|
|
New construction is subject to a minimum fee of:
| |
|
For principal structure
|
$110
|
|
For accessory structure
|
$50
|
|
Additions to existing structures per cu. ft.
|
$0.033
|
|
Subject to a minimum fee of
|
$50
|
|
Alterations/renovations/repairs per $1,000 of cost:
| |
|
For costs up to $50,000
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$25
|
|
For costs from $50,000 to $100,000
|
$13
|
|
For costs exceeding $100,000
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$11
|
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Addition of open unroofed deck per $1,000 of cost
|
$25
|
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Subject to a minimum fee of
|
$65
|
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R3 or R4 re-roof or re-side
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$70
|
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Combination of additions and alterations/renovations/repairs
shall be computed separately applying the sum of the above schedule;
subject to the same minimum fee
| |
|
Pools:
| |
|
Private:
| |
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Above ground
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$100
|
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Below ground-includes fence
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$250
|
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Certificate of occupancy
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$20
|
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Public:
| |
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Less than 25,000 gallons capacity
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$198
|
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In excess of 25,000 gallons capacity
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$396
|
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Certificate of occupancy
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$85
|
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All structures for which volume cannot be computed, shall be
computed as follows:
| |
|
Under 35 feet in height - per $1,000 of cost
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$20
|
|
Subject to minimum fee of
|
$40
|
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Exceeding 35 feet in height - per $1,000 of cost
|
$25
|
|
Subject to minimum fee of
|
$110
|
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Solid fuel burning device
|
$120
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3.
Plumbing subcode: The plumbing subcode fees shall be:
(a)
Per fixture or stack except as elsewhere noted: $25.
(For the purpose of computing this fee, fixtures or stacks shall
include but not be limited to lavatories, kitchen sinks, slop sinks,
sinks, urinals, water closets, bathtubs (excluding whirlpool type).
Shower stalls, laundry tubs, floor drains, leaders, roof drains, drinking
fountains, dishwashers, water heaters, air cooled air condition or
refrigeration units, clothes washers, or similar devices.)
(b)
Special devices as listed herein: $75.
Grease interceptors, oil separators, water cooled air condition
or refrigeration units, public or private water or sewer utilities,
steam or water boilers, whirlpool type bathtubs, sewer ejectors, storm
sewer, lawn sprinkler systems, reduced pressure backflow preventers,
gas piping, water conditioners.
(c)
Minimum plumbing subcode fee: $65.
5.
Fire protection subcode: The fire protection subcode fees shall be:
(a)
Sprinkler systems and smoke and heat detectors.
(1)
One to 20 heads or detectors: $91.
(2)
Twenty-one to 100 heads or detectors: $168.
(3)
One hundred one to 200 heads or detectors: $321.
(4)
Two hundred one to 400 heads or detectors: $831.
(5)
Four hundred one to 1,000 heads or detectors: $1,150.
(6)
Over 1,000 heads or detectors: $1,469.
|
In computing fees for heads and detectors the number of each
shall be counted separately and two fees, one for heads and one for
detectors shall be charged.
|
(b)
Standpipes: The fee for each standpipe shall be $163.
(c)
Pre-engineered systems: The fee for each independent pre-engineered
system shall be $129.
(d)
Kitchen exhaust system: The fee for each kitchen exhaust system
shall be $65.
(e)
Suppression systems (other than water) per $1,000 of cost $42.
Subject to a minimum fee of $42.
(f)
Manual alarm systems: The fee for a manual alarm system shall
be $60.
(g)
Appliances: The fee for each gas or oil fired appliance which
is not connected to the plumbing system shall be $50.
(i)
Chimney liners: The fee for wood burning chimney lines is: $75.
Wood burning fireplace of insert fee is: $75.
7.
Demolition:
(a)
The fee for a demolition permit for a structure less than 5,000
square feet and less than 30 feet in height for one- or two-family
residences (use groups R-3 and R-4) and all structures on farms regardless
of height, used exclusively for storage of feed or grain or sheltering
of livestock shall be $75.
(b)
The fee for all other demolition permits shall be $125.
8.
Moving/relocation:
(a)
The fee for a permit for removal of one building from one lot
to another or to another location on the same lot shall be in the
amount of $25 per $1,000 of the estimated cost of moving, plus the
estimated cost of new foundation and all work necessary to place the
building in its completed condition in the new location.
9.
Signs:
(a)
Advertising signs shall be computed on the basis of square footage
of surface area. Double faced signs shall be computed on one side
only:
Per sq. ft. $1.
Subject to minimum fee of $65.
10.
Temporary structures:
(a)
The fee for all temporary structures (tents, air supported structures,
trailers, etc.) shall be $65.
11.
Permit update: The administrative fee for updating permits shall
be $25.
13.
Variation: The fee for an application for a variation in accordance
with N.J.A.C. 5:23-2.10 shall be $423 for class I structures and $85
for class II and class III structures. The fee for resubmission of
an application for a variation shall be $163 for class I structures
and $46 for class II and class III structures.
14.
Certificate of occupancy/approval:
(a)
The minimum fee shall be $100 except for one- or two-family
(use group R-3 and R-4) structures of less than 5,000 square feet
in area and less than 35 feet in height and structures on farms (regardless
of height) used exclusively for storage of food or grain or sheltering
of livestock, for which the minimum fee shall be $50.
(b)
Change of use of occupancy fee: $250 (includes four technical
applications/processing).
(c)
Certificate of continued occupancy fee: $250 (includes four
technical applications/processing).
(d)
There shall be no fee for a temporary certificate of occupancy:
$0.
(e)
Certificate of approval fee: $0.
(f)
Certificate of occupancy for R-3 or R-4 additions or alterations:
$20.
15.
All fees shall be rounded to the nearest dollar amount.
16.
Waiver of fees:
(a)
The Township of Sparta waives all construction code fees subject
to exceptions set forth herein for the following entities:
(1)
Sparta Township Fire Department.
(2)
Sparta Township Ambulance Squad.
(3)
Charitable, philanthropic, fraternal, and religious nonprofit
organizations holding a tax exempt status under the Federal Internal
Revenue Code of 1954 (26 U.S.C. Section 501 (c) or (d)).
(4)
Those entities set forth in Section 52:27D-16C of the Uniform
Construction Code Act.
(5)
The within waiver shall not apply to Department of Community
Affairs Training Fees and private enforcing agency fees.
17.
Training fees:
(a)
In order to provide for the training and certification and technical
support programs required by the New Jersey Uniform Construction Code,
the Township shall collect a surcharge fee which shall be forwarded
to the Department of Community Affairs of the State of New Jersey.
(b)
This fee shall be computed in accordance with N.J.A.C. 5:23-4.19.
18.
Unlisted fees: Construction fees not specifically listed in this
schedule shall be as listed in N.J.A.C. 5:23-4.20.
19.
Mechanical subcode.
Mechanical inspections (replacement):
Fee for replacement or new installation of:
|
Oil or gas-fired stove or fireplace, water heater,
boiler, furnace, air conditioning unit, pool heater and similar devices,
oil and propane tanks, oil or gas lines and chimney liners in existing
R-3, R-4 and R-5 structures:
|
$75
|
|
For each additional appliance on same permit (no additional
fee for gas, fuel oil or water piping connection to appliance)
|
$60
|
20.
HVACR
work.
|
Commercial HVACR duct work: Up to 4,500 square feet
in area:
|
$100
|
|
Above 4,500 square feet:
|
$150
|
|
Heating and cooling units: First 10 tons:
|
$100
|
|
Each additional ten (10) tons:
|
$65
|
b.
Building permits must be obtained before any work is commenced involving
new construction, additions or alterations to existing structures
and repairs or maintenance to existing structures (other than exterior
or interior painting or redecoration).
[1978 Code § 9-1.4]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the Township Manager biannually a
report recommending a fee schedule based on the operating expenses
of the agency, and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
[1978 Code § 9-1.6]
In the event any Township ordinance or portion thereof, or prior
resolution, shall be inconsistent with the provisions of this section
or the State Uniform Construction Code Act, the same are hereby repealed.
[1]
Editor's Note: Former subsection 12-1.6, Intermunicipal Service
Agreement for Electrical Inspectors, previously codified herein and
containing portions of Ordinance No. 05-16, was repealed in its entirety
by Ordinance No. 12-14.
[1978 Code § 9-4.1; Ord. No. 583 § 1]
This section may be known and may be cited as "The Building
Numbering Regulations of the Township of Sparta" and is referred to
herein as "this section."
[1978 Code § 9-4.3; Ord. No. 583 § 3]
The purpose of this section is to insure that buildings in the
Township have been incorporated within the numbering system of the
Township and may be so identified by emergency vehicles.
[1978 Code § 9-4.4; Ord. No. 583 § 4]
All structures which have been assigned a street number from
the Tax Assessor's office of the Township shall display such numbers
in such a manner that they may be readily visible from the street
to individuals driving the legal speed limit of such street, to both
directions of traffic. Specifically, no numbers shall be less than
three inches in height nor less than 1 1/2 inches in width and
will be black on a light background or white on a dark background.
They shall be displayed on a free standing post, fence post, mailbox,
lamp post, or similar structure at the right or left side of the driveway
or pedestrian walkway to the residence. Such structure must be within
10 feet of the driveway/walkway and within 10 feet of the roadway.
All businesses shall have the aforementioned numbers displayed on
the front wall of the building. Brass or metallic numbers, alpha characters,
and Roman numerals are not to be used to satisfy this requirement
but may be used as a secondary means of identification at the discretion
of the homeowner or business owner.
[1978 Code § 9-4.5; Ord. No. 583 § 5; New]
[1]
Editor's Note: Former Section 12-3, Swimming Pools, previously
codified herein and contacting portions of 1978 Code §§ 15-1.1
through 15-1.7 was repealed in its entirety by Ordinance No. 01-03.
[1978 Code § 9-2.1]
This section shall be known and may be cited as the "Housing
Code of the Township of Sparta."
[1978 Code § 9-2.2]
The Township Council hereby finds and determines that:
a.
There exists in the Township numerous dwellings which are substandard
in one or more important features of structure, equipment or occupancy;
and
b.
Such conditions adversely affect public health and safety and lead
to the continuation, extension and aggravation of urban blight; and
c.
Adequate protection of public health, safety and welfare therefore
requires the establishment and enforcement of minimum housing standards.
[1978 Code § 9-2.3; Ord. No. 07-14 § IX]
As used in this section:
Shall mean approved in accordance with the regulations promulgated
by the Sussex County Health Department or the Sanitarian.
Shall mean a portion of any dwelling located partly underground
where the floor level thereof is lower than 3 1/2 feet below
the average grade of the ground adjacent thereto and within 15 feet
outward from the exterior walls thereof.
Shall mean any dwelling, whether furnished or unfurnished,
with one or more independent lodging units in which there are sleeping
accommodations occupied by, or available for occupancy by, four or
more persons and where meals are regularly served by the owner or
operator of said dwelling.
Shall mean a building, structure or enclosure, which is wholly
or partly, or intended to be, used for living or sleeping by human
occupants.
Shall mean a room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
Shall mean the square area measured from the interior walls
of a habitable room excluding that part of any room where the ceiling
is less than five feet from the floor.
Shall mean a room or enclosed floor space within a dwelling
unit used, or designed to be used, for living, sleeping, or eating
purposes, excluding bathrooms, water closet compartments, laundries,
pantries, foyers or communicating corridors, closets, and storage
spaces.
Shall mean a building or that part of any building containing
one or more lodging units, each of which is rented by one 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
a group of persons living together or by a person living alone within
a building.
Shall mean any person in actual possession of and living
in the building or dwelling unit including the owner.
Shall mean any person properly authorized to exercise the
power of or for an owner of property for purposes of its purchase,
sale, use, occupancy or maintenance.
Shall mean and include 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.
[1978 Code § 9-2.4]
No person shall occupy as owner or occupant or permit another
to occupy any dwelling, dwelling unit or lodging unit which does not
comply with the minimum standards set forth in this section.
[1978 Code § 9-2.5; Ord. No. 07-14 § IX]
a.
Every dwelling unit and lodging house shall be provided with a safe
supply of potable water meeting the standards set forth in "Potable
Water Standards" as published by the New Jersey State Department of
Health. The source of such supply shall be approved by the New Jersey
State Department of Health or the Sussex County Health Department.
b.
Every kitchen sink, lavatory, bathtub, or shower required by this
section shall be connected to both hot and cold water lines. The hot
water lines shall be connected with supplied water heating facilities
which are installed and maintained in good and safe working condition
and which are capable of delivering water at a minimum temperature
of not less than 120° F. even when the heating facilities required
by this section are not in operation. The minimum rate of flow of
hot or cold water issuing from a faucet or a fixture shall not be
less than one gallon per minute.
[1978 Code § 9-2.6; Ord. No. 07-14 § IX]
a.
The following plumbing fixtures and facilities shall be required:
1.
Every dwelling unit shall contain a kitchen sink of non-absorbent
impervious material, at least one flush type water closet, a lavatory,
and a bathtub or shower, available only for the use of the occupants
of that dwelling unit.
2.
Every lodging house shall be provided with a minimum of one flush
type water closet, lavatory and bathtub or shower for every eight
persons or fraction thereof (including the owner and the members of
his family) in occupancy.
3.
Every water closet, lavatory and bathtub or shower required hereby
shall be accessible from within the building without passing through
any part of any other dwelling unit or lodging unit. In a lodging
house they shall be located not further than one floor above or below
the lodging units served. These facilities shall be located in a room
or rooms which are separated from all other rooms by walls, doors
or partitions that afford privacy.
4.
Every plumbing fixture shall be connected to water and sewer systems
approved by the Sussex County Health Department and the fixtures and
systems shall be maintained in good working condition.
b.
The foregoing provisions of this section shall be binding upon all
dwellings first occupied after June 15, 1964, and upon lodging houses,
boarding houses, and multiple dwelling units from that date, all other
types of dwellings on and after June 15, 1969.
[1978 Code § 9-2.7]
a.
The following heating equipment and facilities shall be furnished:
1.
Where a dwelling is occupied between October 1st and May 1st, or
any portion of such time, heating facilities which are capable of
safely heating all habitable rooms, bathrooms and water closets therein
shall be installed and maintained in a good and safe working condition.
Such heating facilities shall be installed and maintained so that
they are capable of heating the interior of such rooms so that the
temperature at a height of three feet above the floor level at the
center of the room is at least 70° F. when the outside temperature
is 0° F.
2.
Every space heater except electrical heaters shall be properly vented
by a chimney or duct leading to the outdoors.
b.
The foregoing provisions of this section shall be binding upon all
dwellings first occupied after June 15, 1964, and upon all lodging
houses, boarding houses, and multiple dwelling units from that date,
and upon all other types of dwellings on and after June 15, 1969.
[1978 Code § 9-2.8]
a.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof. The floor
space shall be calculated on the basis of total habitable room area.
b.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof. In every lodging unit and boarding
house unit, every room occupied for sleeping purposes by one occupant
shall contain at least 80 square feet of floor space, and every room
occupied for sleeping purposes by more than one occupant shall contain
at least 60 square feet of floor space for each occupant thereof.
c.
In every dwelling unit at least 1/2 of the floor area of every habitable
room shall have a ceiling height of at least seven feet.
d.
No basement room in a dwelling may be used as a sleeping room unless
the walls and floor thereof in contact with the earth have been damp-proofed
in accordance with a method provided by the Township Building Code
or approved by the Township Sanitarian and provided further that the
windows thereof are at least 15 feet from the nearest building or
wall.
[1978 Code § 9-2.9]
When the Sanitarian determines that any premises which are being
occupied for dwelling purposes, or which are covered in any other
manner by this section, are occupied in violation of this section,
he shall serve a notice upon the owner and occupant or occupants of
such dwelling. The notice shall specify a date not less than 30 days
nor more than 60 days from the date of this notice, when the premises
shall be vacated or brought up to the standards set forth in this
section. The notice shall also specify in what respect the premises
are deficient under this section. The notice shall be served personally
or by certified mail addressed to the premises in question or to the
owner's address appearing on the tax records of the Township.
[1978 Code § 9-2.10]
a.
In the event the owner or occupant of any such premises contends
that the application of this section is unreasonable as applied to
the premises in question or involves excessive hardship, the owner
or occupant may file a notice with the Township Manager requesting
a hearing upon such grievance within 10 days from the date of such
notice.
c.
Prior to such hearing, the appellant shall serve upon all persons
who own property within 200 feet of the premises affected, five days'
notice of the time, place and purpose of the hearing. This notice
may be served personally or by certified mail mailed to the address
of the said owner as reflected by the Township's tax records.
d.
At the hearing, the appellant shall have the opportunity and responsibility
of submitting any evidence which bears upon the subject matter of
the appeal.
[1978 Code § 9-2.11; New]
[1978 Code § 9-3.1]
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 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 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 sanitarian, or such other employee as may
be hereafter designated by the Township Council, who is authorized
by this section to exercise the powers hereinafter prescribed for
him.
[1978 Code § 9-3.2]
It is hereby found and declared that there exists in the Township,
buildings or parts thereof which are 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 sanitation facilities, or due to other conditions rendering such
building or buildings, or part thereof, unsafe, or unsanitary, or
dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Township. It is therefore necessary
to exercise the police powers of the Township to repair, close or
demolish, or cause or require the repairing, closing or demolition
of such buildings or part thereof in the manner provided, pursuant
to the statute applicable thereto.
[1978 Code § 9-3.3]
The sanitarian is hereby designated and appointed as the public
officer to exercise the powers prescribed by this section. The Township
Council may, by resolution at its discretion, transfer to some other
Township employee or employees, the duties and functions of such public
officer.
[1978 Code § 9-3.4]
Whenever a petition is filed with the public officer by a public authority or by at least five residents of the Township charging that a building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer that any building is unfit for human habitation or occupancy or use, the public officer shall make a preliminary investigation. If the investigation discloses a basis for such charges, he shall issue and cause to be served, upon the owner and parties in interest of such building, a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint. The notice shall state that the owner and parties in interest have 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. The complaint shall be served in the manner provided in Subsection 12-9.7.
[1978 Code § 9-3.5]
After notice and hearing, the public officer may determine that
the building under consideration 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 the Township. Such conditions may, among other things,
include the following:
[1978 Code § 9-3.6]
a.
If, after the 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. He shall then issue and cause to be
served, upon the owner thereof and parties in interest, an order.
The order shall require 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, and it shall give the option
to 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 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 described in paragraph a hereof, then the owner
shall be required by a further order to remove or demolish the building
within a reasonable time as specified in the order of removal.
c.
The orders referred to in paragraphs a and b of this section shall
be served upon the owner and parties in interest in the manner provided
in Subsection 12-6.7.
[1978 Code § 9-3.7]
Complaints, notices and orders issued by the public officer
pursuant to this section shall be served upon persons either personally
or by registered mail. 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 he shall make an affidavit to that effect,
then the serving of such complaint, notice or order upon such persons
may be made by publishing the same once each week for two successive
weeks in a newspaper printed and published in the Township, or, in
the absence of such newspaper, in one printed and published in the
County and circulating in the Township. A copy of such complaint,
notice or order shall be posted in a conspicuous place on the premises
affected by the complaint, notice or order. A copy of such complaint,
notice or order shall be duly recorded with the County Clerk.
[1978 Code § 9-3.8]
a.
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 to be posted on the main entrance to
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."
b.
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 he may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
[1978 Code § 9-3.9]
a.
The amount of the cost of:
1.
Filing of legal papers, expert witnesses' fees, search fees and advertising
charges in the course of any proceeding taken under this section determined
in favor of the Township; and
2.
Such repairs, alterations or improvements, or vacating and closing,
or removal or demolition, as the case may be, 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. The proceeds of any sale
of such materials or any sum derived from any contract for the removal
or demolition of the building shall be credited against the cost of
the removal or demolition thereof. If there are no such credits, or
if the total sum of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and the amount so due
shall be filed as a lien certificate with the Township Tax Collector
and a copy thereof shall be sent forthwith to the owner by registered
mail.
b.
If the total of the credits exceeds such costs, the balance remaining
shall be deposited by the public officer in the Superior Court of
New Jersey and shall be secured in such manner as may be directed
by such court. The proceeds shall be disbursed according to the order
or judgment of such court to the persons found entitled thereto by
final order or judgment of the court. Any owner or party in interest
may, within 60 days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court of New Jersey to
contest reasonableness of the amount or the accuracy of the costs
set forth in the lien certificate.
[1978 Code § 9-3.10]
The public officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section, including the following powers,
in addition to others herein granted:
a.
To investigate building conditions in the Township 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 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 this section;
e.
To delegate any of his functions and powers under this section to
such assistants and other employees as he may require in the performance
of his duties.
