[Amended 11-27-1989 by Ord. No. O-89-53]
A.
The Code Enforcement Officer is hereby designated to serve as the
public officer hereunder, and all inspections, regulations, enforcement
and hearings on violations of the provisions of this code, unless
expressly stated to the contrary, shall be under his or her direction
or supervision. He or she may appoint or designate such other local
public officers or employees to perform duties as may be necessary
to the enforcement of this code, including the making of inspections
and holding of hearings.
B.
The Township Clerk shall serve as hearing officer under this chapter.
[Amended 9-26-1983 by Ord. No. O-83-40; 10-10-1994 by Ord. No. O-94-47]
A.
Whenever the public officer has received proof of a violation of §§ 67A-9, 67A-9.1, 67A-9.2 and 67A-9.3, notice of said violation shall be served on the owner or operator of the premises, directing that the said violation shall be corrected within seven days of the date of notice. In the event that the owner or operator shall refuse or fail to correct the violation, the public officer shall have the authority to enter upon the premises for the purpose of correcting the violation. The cost of the correction of the violation shall be certified to the owner or operator of premises and shall be charged against the premises, and the amount so charged shall become a lien upon said lands and premises to be added to and become and form a part of the taxes next to be assessed and levied upon said lands and premises, to bear interest at the same rate as other taxes and municipal liens, and shall be collected and enforced by the same municipal officer in the same manner as other taxes and municipal liens. For the purpose of this Subsection A, the following shall be the cost of correcting a violation:
[Amended 9-27-2010 by Ord. No. O-10-37; 3-25-2013 by Ord. No. O-13-07]
B.
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the municipality charging
that any building is unfit for human habitation, or occupancy or whenever
it appears to the public officer on his or her own motion that any
building is unfit for human habitation, occupancy or use or that the
continuing of any condition constitutes a nuisance in the meaning
of this chapter or presents a condition harmful to the health and
safety of the occupants of said building and the general public of
the municipality, 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 will be held before the public officer or his
designated agent at a place therein fixed not less than 10 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 shall not be controlling in hearings
before the public officer. The public officer may conduct inspections
of any and all multifamily dwellings and trailer rental parks at his
or her discretion in order to enforce the provisions of this chapter.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his 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:
A.
Requiring the repair, alteration or improvement of the said building
to be made by the owner, within a reasonable time, which time shall
be set forth in the order, or, at the option of the owner, to vacate
or have the said building vacated and closed within the time set forth
in the order; or
B.
If the building is 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 same building within the time
specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said order of removal.
If, after such notice and hearing, the person or persons notified
disagree with the decision of the public officer because of alleged
misinterpretation of this chapter and its contents, then they shall
have the right to appeal to the Township Council of the Township of
Gloucester within 14 days after notice of order to repair or demolish.
If the finding of the Township Council is that the intent of the chapter
was misinterpreted, then its decision will be final.
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. 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 this municipality and such cost of such repairs, alterations or
improvements or vacating 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 buildings or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such
cost was incurred. The public officer shall certify the cost thereof
to the governing body, which shall examine the certificate and, if
found correct, shall cause the cost as shown thereon to be charged
against said lands; the amount so charged shall forthwith become a
lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes and shall be collected
and enforced by the same officers and in the same manner as taxes.
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 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 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 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 a 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; provided, however,
that nothing in this section shall be construed to impair or limit
in any way the power of the Township to define and declare a nuisance
and to cause its removal or abatement, by summary proceedings or otherwise.
Any owner or party in interest may, within 60 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 9-25-2017 by Ord. No. O-17-24]
Complaints or orders issued by a public officer pursuant to
this chapter shall be served upon persons either personally, by registered
mail, or may be hung or left inside the homeowners' door. The public
officer will take a picture of the summons hung or left inside the
door to ensure proof of service. 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
each week for two successive weeks 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 municipality in
which the buildings are located. A copy of such complaint 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 recording with the county recording officer
of the county in which the building is located.
The public officer shall 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, 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, and provided
that any entrance without the permission of the occupant shall be
consistent with the laws and Constitution of the State of New Jersey
and of the United States of America.
D.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he or she may designate.
The public officer may, subject to approval by the governing
body, by ordinances amending this chapter, adopt written rules and
regulations as he or she may deem necessary for the proper enforcement
of the provisions of this chapter; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
chapter, nor in anywise alter, amend or supersede any of the provisions
thereof. The public officer shall file a certified copy of all rules
and regulations which he or she may adopt in his or her office. Such
rules and regulations shall be ineffective until adoption by the governing
body of the Township of Gloucester by ordinance.
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 such municipality. Such conditions
may include the following (without limiting the generality of the
foregoing): defects therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary
facilities; dilapidation; disrepair; structural defects; and uncleanliness.
The governing body of the Township of Gloucester may, by resolution,
abate a nuisance, correct a defect or put the premises in condition
so as to comply with the requirements of any municipal ordinance or
state law applicable thereto, at the cost of the owner or lessor,
and expend municipal funds for such purpose and charge the same against
the premises, and the amount thereof as determined by the governing
body of the municipality shall be a lien against the premises and
collectible as provided in this chapter.
Whenever the public officer finds that an emergency exists which
requires immediate action to protect the public health or safety,
he or she may, without notice or hearing, issue an order requiring
that such action be taken as he determines necessary and apply the
statutes and other provisions of this chapter to meet the emergency,
and such order shall be effective immediately, and any person to whom
such order is directed should comply immediately, but upon petition
to the public officer shall be afforded a hearing as soon as possible.
The provisions of this chapter to charge the costs and making them
assessable as taxes shall apply to such emergencies.
Any violation of any ordinance other than this code discovered
in the enforcement of this code shall be reported to the public officer,
who shall refer the alleged violation to the officials or agency responsible
for the enforcement of such ordinance.
The public officer shall have the power to withhold strict enforcement
of this code upon written application therefor by an owner or party
in interest after making determination that:
A.
Any variation or modification of structure use approved by the public
officer will not in any material way alter the standards of this code
and cannot affect detrimentally the health or safety of occupants
of the premises or the health, safety or welfare of the occupants
or owners of adjacent premises or of the neighborhood; and
B.
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on the premises which would be substantially disproportionate to any
benefit to health, safety or welfare that might be derived therefrom;
and
C.
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this code; and
D.
Premises subject to this code are contemplated for acquisition or
are within an area where acquisition is contemplated by a public agency
having the power of eminent domain and that there is a reasonable
likelihood that the said premises will be acquired within a period
of two years and that the strict enforcement of this chapter would
require the installation of repairs and improvements estimated to
exceed $300 in cost and there is an alternative means satisfactory
to the public officer to be used which will eliminate violations of
this code constituting hazards to the health, safety and welfare of
the occupants of the premises and persons in the immediate vicinity
thereof; provided, however, that any waiver of the provisions of this
code permitted under this subsection shall be canceled and the public
officer shall strictly enforce the code if it shall be ascertained
subsequent to the granting of the waiver that the premises are in
fact not to be acquired for any public use or purpose.
The public officer may, with the approval of the governing body
of the Township of Gloucester, by resolution, bring an action to be
appointed receiver ex officio of the rents and income of such property
for the purpose of collecting the rents and income from such property
and expending the same for the purpose of abating the conditions against
which this chapter is directed. The procedure and other legal steps
shall be governed by the provisions of N.J.S.A. 40:48-2.12(h) to 40:48-2.12(k)[1] and/or N.J.S.A. 2A:42-74 to 2A:42-84.
[1]
Editor's Note: N.J.S.A. 40:48-2.12(h) to 40:48-2.12(k) were
repealed by L. 2003, c. 295. See now N.J.S.A. 2A:42-114 et seq., the
Multifamily Housing Preservation and Receivership Act.
