[Adopted 12-27-1979 by Ord. No. 79-39 as Sec. 10-2 of the
Revised General Ordinances]
The Health Officer of the Township is hereby
designated as the officer to exercise the powers prescribed in this
article, and the Health Officer shall serve in such capacity without
any additional salary.
[Amended 6-8-1981 by Ord. No. 81-20]
A. The Health Officer is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this article, including
the following, in addition to others herein granted:
(1) To investigate the building conditions in the Township
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
(2) To administer oaths and affirmations, examine witnesses
and receive evidence.
(3) To enter upon premises for the purpose of making examination,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
(4) To appoint and fix duties of such officers, agents
and employees as deemed necessary to carry out the purposes of this
article.
(5) To delegate any functions and powers under this article
to such officers and agents as the Health Officer may designate.
B. 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.
[Amended 4-19-1999 by Ord. No. 99-07]
C. Nothing in this article shall be construed to impair
or limit in any way the power of the Township to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise. 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.
For the purpose of this article, the Health
Officer may determine that a building is unfit for human habitation
or occupancy or use if the Health 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
buildings or other residents of the Township. Such conditions may
include the following (without limiting the generality of the foregoing):
A. Defects therein increasing the hazards of fire, accident
or other calamities.
B. Lack of adequate ventilation, light or sanitary facilities.
D. Disrepair, structural defects or uncleanliness.
[Amended 4-19-1999 by Ord. No. 99-07]
Pursuant to the provisions of N.J.S.A. 40:49-5.1,
the New Jersey State Housing Code, except the part or parts thereof
which are deleted and amended on the copy annexed thereto, is hereby
accepted, adopted and established as a standard to be used as a guide
in determining the fitness of a building for human habitation or occupancy
or use. A copy of the New Jersey State Housing Code is on file in
the Clerk's office.
[Amended 6-8-1981 by Ord. No. 81-20]
Whenever a petition is filed with the Health
Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or
by at least five residents of the Township charging that any building
is unfit for human habitation or occupancy or use as herein defined,
or whenever it appears to the Health Officer (on the Health Officer's
own motion) that any building is unfit for human habitation or occupancy
or use as herein defined, the Health Officer shall, if said Health
Officer's preliminary investigation discloses a basis for such charge,
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 Health
Officer (or the Health Officer's designated agent) at a place therein
fixed not less than seven 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 time and place fixed
in the complaint; and that the rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the Health
Officer.
If after such notice and hearing the Health
Officer determines that the building under consideration is unfit
for human habitation or occupancy or use as herein defined, the Health
Officer shall state, in writing, the 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
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 to have said building vacated and closed within the time
set forth in the order.
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, requiring that the owner remove
or demolish the building within a reasonable time as specified in
the order of removal.
[Amended 6-8-1981 by Ord. No. 81-20]
A. 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 article 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 the 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.
B. If the building is removed or demolished by the Health
Officer, said Health Officer 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 Township 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 Health 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 initiated thereto by final order or judgment of
such Court.
[Amended 6-8-1981 by Ord. No. 81-20]
Complaints or orders issued by the Health Officer
pursuant to this article shall be served upon persons either personally
or by registered mail, but if the whereabouts of such persons are
unknown and the same cannot be ascertained by the Health Officer in
the exercise of reasonable diligence, and the Health 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 said Township. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order, and 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.
No person shall occupy or rent to another for occupancy any building or part thereof for human habitation or use after having been served with an order issued pursuant to §
100-6 relating to such building or part thereof and after failure of compliance with such order, but this section shall not apply to rental or occupancy under a temporary permit issued by the Health Officer authorizing rental or occupancy for a specified period during the making of repairs, alterations and improvements required by such order.
Any person, firm or corporation who shall fail to comply with any order of the Health Officer made pursuant to §
100-6 or who shall violate §
100-10 or who shall interfere in any way with the Health Officer or any other officer, agent or employee engaged in carrying out the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, General Provisions, Article
II, Penalty, §
1-3. Any penalty imposed pursuant to this section and any action taken to enforce any such penalty shall be in addition and supplemental to any other remedies, proceedings or actions taken or authorized to be taken pursuant to the provisions of this article.
[Adopted 12-11-2023 by Ord. No. 2023-25]
Dwelling units in single-family, two-family, or multiple rental
dwellings shall be exempt from this article if they meet the stipulations
in N.J.S.A. 52:27D-437.16(c).
Fees for the provisions of this article are established in Chapter
82.