[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodstown 8-26-63 as Ord. No. 201. Amendments noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown,
in the County of Salem and State of New Jersey:
[Amended 9-12-95 by Ord. No. 495]
A public officer, to be known as the Housing Officer, shall
be appointed by the Borough Council of the Borough of Woodstown to
exercise the powers prescribed by this chapter. The words "he", "his",
or "him" whenever used in this chapter shall not be interpreted to
preclude the appointment of a female person to the position of Housing
Officer. These words shall be interpreted and modified for the appropriate
gender whenever this section is interpreted and applied to a female
person holding the position of Housing Officer.
Whenever a petition is filed with the Housing Officer by a public
authority or by at least five residents of the Borough of Woodstown,
charging that any building is unfit for human habitation or occupancy
or use, or whenever it appears to the Housing Officer, on his own
motion, that any building is unfit for human habitation or occupancy
or use, the Housing 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 Housing Officer or his designated
agent at a place therein fixed not less than 10 days nor more than
30 days after the serving of said complaint. 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. The rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Housing Officer.
If, after such notice and hearing, the Housing 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 and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
A.
If the repair, alteration or improvements of the said building can
be made at a reasonable cost in relation to the value of the building,
requiring the owner, to the extent and within the time specified in
the order, to repair, alter or improve the said building to render
it fit for human habitation or occupancy or use, or, at the option
of the owner, to vacate and close the building; or,
B.
If the repair, alteration or improvement of the said building cannot
be made at a reasonable cost in relation to the value of the building,
requiring the owner, within the time specified in the order, to remove
or demolish such building.
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 Housing Officer may cause such building to be repaired,
altered or improved, or to be vacated and closed. The Housing 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 Housing Officer may cause such building to be removed
or demolished.
The amount of such 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.
If the building is removed or demolished by the Housing Officer, he
shall sell the materials of such building and shall credit the proceeds
of such sale against the cost of the removal or demolition, and any
balance remaining shall be deposited in the Superior Court by the
Housing Officer, 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 of such Court.
The Housing 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 the residents of the Borough of Woodstown. 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, disrepair or structural defects, or uncleanliness.
[Amended 9-12-95 by Ord. No. 495]
The Housing Officer shall have all of the power and authority
set forth in N.J.S.A. 40:48-1, et seq., and 40:48-2, et seq., and
may exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this chapter, including
but not limited to the following:
A.
To investigate the building conditions in the Borough of Woodstown
in order to determine which buildings 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 minimal
inconvenience to the persons in possession.
