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.
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.