[HISTORY: Adopted by the Township Committee of the Township of Bordentown as Ch. 15.20 of the 2003 Municipal Code. Amendments noted where applicable.]
It is hereby found and declared that the existence and occupation of buildings in the Township which are unfit for human habitation is inimical to the welfare and dangerous and injurious to the health and safety of the residents of the Township, and a public necessity exists for the repair, closing or demolition of such buildings.
Whenever the Construction Official finds that there exists in the Township a building or buildings unfit for human habitation, due to dilapidation, defects increasing the hazards of fire, accident or other calamities, lack of ventilation, light, or sanitary facilities, or due to other conditions rendering such building unsafe or unsanitary, or dangerous or detrimental to the health or safety, or otherwise inimical to the welfare of the residents of the Township, the Construction Official shall proceed under N.J.S.A. 40:48-2.3 et seq. and under this chapter to repair, close or demolish said building or buildings in the manner set forth in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
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.
OWNER
The holder of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations, and corporations who have interests of record in a dwelling, and any who are in possession thereof.
A. 
Whenever a petition is filed with the Zoning Officer by any Township, county or state official responsible for enforcement of health, fire or building laws and regulations, or by at least five residents of the Township, charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Zoning Officer, on the Zoning Officer's own motion, that any building is unfit for human habitation or occupancy or use, the Zoning Officer shall, if the Zoning Officer's 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 Zoning Officer, or the Zoning Officer's designated agent, at a place set forth in the notice, and at a time that shall not be less than seven days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall have the right to file an answer to the complaint, and to appear in person or otherwise, and give testimony at the time and place fixed in the complaint. The Zoning Officer shall not be bound by the rules of evidence prevailing in courts of law or equity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
After notice and hearing, if the Zoning Officer determines that the building or buildings under consideration are unfit for human habitation, the Zoning Officer shall state in writing the Zoning Officer's findings of fact in support of such determination, and shall issue and cause to be served upon the owner and parties in interest an order requiring the owner within a certain time to repair, alter or improve the building, to render it fit for human habitation, or at the option of the owner, to vacate and close the dwelling. If the repair, alteration or improvement cannot be made at a reasonable cost in relation to the value of the building, the said order may require the owner within the time specified in the order to remove or demolish the building. For the purpose of determining what may be reasonable for such purpose, the percentage is fixed at 50% of the value of the dwelling.
C. 
If the owner shall fail to comply with the order to repair, alter or improve, or at the option of the owner, to vacate and close the building, the Zoning Officer may cause the dwelling to be repaired, altered or improved, or to be vacated and closed, and the Zoning Officer may cause to be posted on the main entrance of the dwelling so closed, a placard with the following words: "This building is unfit for habitation: the use or occupation of this building for human habitation is prohibited and unlawful." Additionally, the owner shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown.
D. 
If the owner fails to comply with an order to remove or demolish the building, the Construction Official may cause such dwelling to be removed or demolished. Additionally, the owner shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown.
E. 
The amount of the cost of repairs, alterations, 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 dwelling is removed or demolished, the Zoning Officer shall sell the materials of such dwelling 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, Chancery Division, subject to the order of the court.
The Zoning Officer may determine that a building is unfit for human habitation if the Zoning Officer 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 dwellings, or other residents of the Township, and such conditions may include but shall not be limited to the following defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair, structural defects; uncleanliness; failure to have included in the building running water or inside toilet facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Complaints or orders issued by the Zoning 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 cannot be ascertained by the Zoning Officer in the exercise of reasonable diligence, and the Zoning 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 and published in the county and circulating in the Township 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 Burlington County recording officer.
[Amended 7-23-2007 by Ord. No. 2007-18]
The Zoning Officer and the County Board of Health of the County of Burlington 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 powers, in addition to the others herein granted:
A. 
To investigate the dwelling conditions in the Township in order to determine which dwellings therein are unfit for human habitation.
B. 
To administer oaths, affirmations, examine witnesses and receive evidence.
C. 
To enter upon premises for the purpose of making examination, provided such entry 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 the Zoning Officer and the County Board of Health deems necessary to carry out the purpose of this chapter.
E. 
To delegate any of the Zoning Officer's and the County Board of Health's functions and powers under this chapter to such officers and agents as the Zoning Officer and the County Board of Health may designate.