[HISTORY: Adopted by the Township Committee of the Township
of Raritan 10-11-2000 by Ord. No.
00-27 (Ch. 15.12 of the 2000 Code). Amendments noted
where applicable.]
It is found and declared that the existence or occupation of
any building or buildings or parts thereof within the Township 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
or use are inimical to the welfare and dangerous and injurious to
the health and safety of the residents of the Township and that a
public necessity exists for the repair, closing or demolition of such
building or buildings or part thereof. The Township desires to exercise
the powers set forth in N.J.S.A. 40:48-2.3 et seq. and the several
supplements and amendments thereto.
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purpose of this
chapter, unless a different meaning clearly appears from the context:
Any building or structure or part thereof whether used for
human habitation or otherwise and including any outhouses, sheds and
appurtenances belonging thereto or usually enjoyed therewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The holder or holders of title in fee simple.
All individuals, associations or corporations who have interest
of record in a building and any person who is in actual possession
thereof.
The officers authorized by this chapter to exercise the powers
prescribed herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The Construction
Official or his/her designee shall be designated as the public officer.
The public officer shall be authorized and empowered to exercise such
powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following,
in addition to others herein granted:
(1)
To investigate the building
conditions in the Township in order to determine which buildings therein
are unfit for human habitation;
(2)
To administer oaths and affirmations,
examine witnesses and review evidence;
(3)
To enter upon premises for
the purpose of making examination, provided that such entries shall
be made in such manner as to cause the least possible inconvenience
to the persons in possession;
(4)
To appoint and fix the duties
of such officers, agents and employees as he or she deems necessary
to carry out the purposes of this chapter;
(5)
To delegate any of his or
her functions and powers under this chapter to such officers and agents
as he or she may designate.
B.
Any action
taken using revenues derived from the local property tax shall be
taken only after advertisement for, and receipt of, bids therefor,
pursuant to the provisions of the Local Public Contracts Law, P.L.
1971, c. 198 (N.J.S.A. 40A:11-1 et seq.), unless the action is necessary
to prevent imminent danger to life, limb or property.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
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, 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 the procedures set forth in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the Township charging that
any building is unfit for human habitation or occupancy or use, or
if it shall appear to the public officer, on his or her own motion,
that any building is unfit for human habitation or occupancy or use,
the public officer shall, if his or her 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 shall be held before the public officer at a place therein
fixed, not less than seven days nor more than 30 days after the serving
of the 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 the
courts of this state shall not be controlling.
A.
If after such notice and hearing
the public officer determines that the building, buildings, or parts
thereof are unfit for human habitation or occupancy or use, he or
she shall state, in writing, his or her 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 requiring the repair,
alteration or improvement of the building, buildings or part thereof
to be made by the owner, within a reasonable time, which time shall
be set forth in the order. The owner also may vacate or have the building
vacated and closed within the time set forth in the order.
B.
If the building, buildings or
parts thereof are 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, buildings or parts
thereof within the time specified in the order, then the owner shall
be required to remove or demolish the building, buildings or parts
thereof within a reasonable time as specified in the order of removal.
C.
The public officer may determine
that a building is unfit for human habitation or occupancy or use
if he or she finds that conditions exist in the 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 municipality; such conditions may include the following, without
limiting the generality of the foregoing:
D.
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 such
building to be repaired, altered or improved, or 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 occupancy
of this building is prohibited and unlawful." No person shall own,
have, keep, maintain or live in any building on which there has been
posted a placard as herein provided for, or remove or cause the removal
of any such posted placard.
If the owner fails to comply with an order to remove or demolish
the building, the public officer may cause such building, buildings
or parts thereof to be removed or demolished or may contract for the
removal or demolition thereof after advertisement for, and receipt
of bids therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
If the
building is removed or demolished by the public officer, he or she
shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition thereof 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 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 with the Tax Assessor 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 credits exceed such
costs, the balance remaining shall be deposited in the Superior Court
by the public officer, secured in such manner as may be directed by
such court, and 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 that nothing in this chapter shall
be construed to impair or limit in any way the power of the Township
to define and declare nuisances or to cause their removal or abatement
by summary proceedings or otherwise.
B.
The following shall be a municipal
lien against real property upon which the cost was incurred:
(1)
The
cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges incurred in the course of any proceeding
taken under the provisions of this chapter.
(2)
The
cost of such repairs, alteration or improvements or vacation 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.
C.
Any owner or party in interest
may, within 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 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 or, in the absence of such newspaper,
in one printed in the county and circulating in the Township. A copy
of such complaint and/or order shall be posted in a conspicuous place
on 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
Recording Officer of the County of Hunterdon.
Any repair, alteration, removal or demolition, as above provided,
may be performed by the Township through its proper officials or employees
or the Township may contract with any person to render such service
on behalf of the Township under its control and direction, and pursuant
to specifications showing in detail the service to be rendered, and
to rules and regulations adopted by the Township Committee for the
same and upon ample security for proper performance being given to
the Township. The procedure to be followed in adopting any such contract
shall be in accordance with N.J.S.A. 40:48-5. The Township may recover
the costs thereof from the owner by action at law, which action shall
be in addition to any other remedy provided for by this chapter and
shall not make void any lien upon real estate provided for by this
chapter, nor present the imposition of any penalty imposed for violation
of this chapter or any ordinance of this Township.
Nothing in this chapter shall be construed to abrogate or impair
the power of the Township or any officer or department to enforce
any provisions of its charter or its ordinances or regulations, nor
to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred upon the Township by any other law or ordinance. Whenever
a provision of this chapter is found to be in conflict with a provision
of a zoning, building, fire, health or other law, ordinance or regulation
adopted pursuant thereto, the provision or requirement which is more
restrictive or which established the highest standard shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person or persons who violate any of the provisions of this
chapter or who shall violate an order of the public officer or who
shall violate an order of the public officer or who shall use or occupy
any building for human habitation or occupancy or use after a placard
has been posted thereon declaring the building unfit for human habitation
or occupancy or use, as provided herein, or any person who removes
such placard from the building, or any person who shall interfere
with the public officer or any other person authorized to exercise
the powers of the public officer shall, upon conviction in the Municipal
Court, be subject to a fine not exceeding $2,000, and such action
in and penalties imposed by the Municipal Court may be in addition
to any other action or proceedings provided in this chapter. Each
day that a violation is permitted to exist shall constitute a separate
offense.
