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:
BUILDING
Any building, structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have an
interest of record in a building and who are in actual possession
thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the Township of Harmony
relating to health, fire, building regulation or to other activities
concerning buildings in the Township of Harmony.
PUBLIC OFFICER
The Code Enforcement Officer of the Township of Harmony,
who is authorized by this chapter to exercise the powers prescribed
herein and pursuant to statute.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The public officer shall be appointed annually
at the reorganizational meeting of the Harmony Township Committee,
except that the initial appointment shall be made contemporaneously
with the adoption of this chapter, to the end that such public officer
might exercise the powers and fulfill the duties prescribed by this
chapter. The public officer shall receive no compensation for the
performance of his duties unless provision is made therefor in accordance
with the terms of the ordinance fixing the salaries of the Township
officers and officials which is adopted annually by the Township of
Harmony.
Whenever a petition is filed with the public
officer by a public authority or by at least five residents of the
Township of Harmony charging that any building is unfit for human
habitation or occupancy or use or whenever it appears to the public
officer, on his own motion, 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 said 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.
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 to be vacated and closed; and
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 occupation
of this building is prohibited and unlawful."
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 may contract for the removal
or demolition thereof after advertisement for and receipt of bids
therefor.
The amount of 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 this chapter
determined in favor of the Township and the cost of such repairs,
alterations or improvements or vacating and closing or removal or
demolition, if any, or 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 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.
There shall be credited against the cost of the removal or demolition
thereof, including the clearance and, if necessary, leveling of the
site, 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 sum total 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 Municipal Tax Assessor,
and a copy thereof shall be forthwith forwarded to the owner by registered
or certified mail. If the total of the credits exceeds such costs,
the balance remaining shall be deposited in the Superior Court by
the public officer, shall be secured in such manner as may be directed
by such Court and shall be 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. 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.
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.
Complaints or orders issued by a public officer
pursuant to this chapter shall be served upon persons either personally
or by certified or 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 municipality or, in the
absence of such newspaper, in one printed and published in the county
and circulating in the municipality in which the buildings are located.
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 recording officer of the county in which the building
is located.
The public officer is authorized 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
powers, in addition to others herein granted:
A. To investigate
the building conditions in the municipality 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 purpose of this chapter.
E. To delegate any
of his functions and powers under this chapter to such officers and
agents as he may designate.
In all references herein to any parties, persons,
entities or corporations, the use of any particular gender or the
plural or singular number is intended to include the appropriate gender
or number as the text of the within instrument may require.