[HISTORY: Adopted by the Township Council of the Township of Franklin 8-9-1994
by Ord. No. 1844 (Ch. 94 of the 1990 Code). Amendments noted
where applicable.]
It is hereby found and declared that the existence or occupation of
any building or buildings or parts thereof in the Township which
are so old, dilapidated, unclean or have become so out-of-repair as to be
dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy
or use are inimical to the welfare and dangerous and injurious to the health
and safety of the people of the Township and that a public necessity exists
for the repair, boarding up, securing of, closing or demolition of such building
or buildings or parts thereof.
The Construction Official and/or Health Officer are hereby 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 Township
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B.
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.
C.
To give notice to the property owners, lending institutions
and/or insurance companies in accordance with this chapter.
D.
To appoint and fix the duties of such officer, agents
and employees as they deem necessary to carry out the purposes of the ordinances.
E.
To delegate any of their functions and powers to such
officers and agents as they may designate.
A.
The Construction Official and/or Health Officer may determine
that a building is unfit for human habitation or occupancy or use if it is
found 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, or the building
is not in compliance with the requirements of the Building Code or the certificate
of occupancy. Such conditions may include the following, without limiting
the generality of the foregoing:
[Amended 2-11-1998 by Ord. No. 2054]
A.
Whenever a petition is filed with the Construction Official
and/or Health Officer by at least five residents of the Township of Franklin
charging that any building is unfit for human habitation or occupancy or use
or whenever it appears to the Construction Official and/or Health Officer
(on his/her own motion) that any building is unfit for habitation or occupancy
or use, the Construction Official and/or Health Officer shall, if his/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 by
regular and certified mail return receipt requested a complaint stating the
charges in that respect and containing a notice that a hearing will be held
before the Construction Official and/or Health Officer (or his/her 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 Construction Official and/or Health
Officer.
B.
If, after such notice and hearing as set forth in Subsection A, the Construction Official and/or Health Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he/she shall state in writing his/her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest by regular mail and certified mail return receipt requested an order:
(1)
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 have
the said building vacated and closed within the time set forth in the order;
and
(2)
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 said 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.
C.
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 Construction Official and/or Health Officer may cause such building to
be repaired, altered or improved, or to be vacated and closed, and the Construction
Official and/or Health 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."
D.
The Construction Official and/or Health Officer may grant an extension to any requirement set forth in Subsections A, B and C if, in his discretion, the property owner or party in interest shall present evidence to the Construction Official and/or Health Officer that steps have been taken to correct the deficiencies and/or remove or demolish the building and the reason for any delay is not attributed to anything within the property owner's or party in interest's control and that such deficiencies will be corrected or the building removed or demolished within a reasonable period of time.
E.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Official and/or Health Officer
may cause such building to be removed or demolished in accordance with the
Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., unless immediate action
is necessary to prevent imminent danger to life, limb or property.
[Added 2-11-1998 by Ord. No. 2054]
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building, the Construction
Official and/or Health 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 2-11-1998 by Ord. No. 2054]
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 such costs
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. If the building is removed or demolished by the Construction Official
and/or Health Officer, he/she 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 or other custodian of the records of tax liens, and a copy thereof
shall be forthwith forwarded to the owner by regular and certified mail return
receipt requested. If the total of the credits exceed such costs, the balance
remaining shall be deposited in the Superior Court by the Construction Official
and/or 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 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 inaccuracy
of the costs set forth in the municipal lien certificate.
