It is hereby found and determined that there exist in the Township
of Dennis buildings which are unfit for human habitation, occupancy
or use due to dilapidation, defects increasing the hazards of fire,
accidents or other calamities, lack of ventilation, light or sanitary
facilities or due to other conditions rendering such building or buildings
or part thereof unsafe or insanitary or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Township of Dennis and that a public necessity exists for the
repair, closing or demolition of such building or buildings or part
thereof.
[Amended 7-9-1984 by Ord.
No. 84-112]
Pursuant to N.J.S.A. 40:48-2.3 et seq., as the same may presently
exist or be hereinafter amended, the Code Enforcement Officer/ Construction
Official of the Township of Dennis and the Health Board of the Township
of Dennis or its designee are hereby designated and appointed as the
public officers to exercise the powers prescribed by this chapter.
The public 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 other residents of the Township of Dennis. Such conditions
may include the following.
A. Defects therein increasing the hazards of fire, accident or other
calamities.
B. Lack of adequate ventilation, light or sanitary facilities.
Whenever a petition is filed with said public officer by at
least five residents of the Township of Dennis, charging that any
building within the Township of Dennis 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, 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 public officer or his designated agent at a place
therein fixed not less than seven days nor more than 30 days after
the serving of said 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 shall not be controlling in hearings before the public
officer.
The public officer shall not contract for nor proceed with the
repair, alteration, improvement, removal or demolition of any building
or buildings unless and until the Township Committee, by appropriate
resolution, directs that such action be taken.
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 7-9-1984 by Ord.
No. 84-112]
A. 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.
B. Nothing in this section shall be construed to limit or impair in
any way the power of the Township of Dennis to define and declare
nuisances and to cause their removal or abatement by summary proceedings
or otherwise, nor is anything in this section intended to limit the
authority of the Township of Dennis or its Construction Official under
Chapter 217 of the Laws of 1975, State Uniform Construction Code Act, or any rules or regulations adopted thereunder.
[Amended 7-9-1984 by Ord.
No. 84-112]
Any and all persons who shall violate any of the provisions of this chapter by maintaining a building unfit for human habitation or occupancy or otherwise unfit or who shall fail to comply with any order made hereunder or who shall interfere with or hinder the public officers or other duly constituted officers and/or employees in the execution or fulfillment of their duties under this chapter shall severally, for each and every violation, be subject to the penalties provided by §
1-9 of Chapter
1, General Provisions.