[HISTORY: Adopted by the Township of Washington
(now Township of Robbinsville) 12-31-2001 by Ord. No. 2001-37 as § 11-6
of the 2001 Code. Amendments noted where applicable.]
The Construction Official be and is hereby designated
as the public officer to exercise the powers described by this chapter.
[Amended 8-30-2005 by Ord. No. 2005-29; 8-25-2022 by Ord. No. 2022-33]
Whenever a petition is filed with the Construction Official
by a public authority 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 Construction Official, on their
own motion, that any building is unfit for human habitation or occupancy
or use, the Construction Official shall, in his/her preliminary investigations,
disclose the basis for such charges and 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 Construction Official, or his/her
designated agents, at a place therein fixed not less than seven days
nor more than 30 days after service 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, to 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 Construction Official. If, after such notice
and hearing, the Construction Official determines that the building
in 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 an order:
A.
Requiring the owner to repair, alter or improve the building, within
a reasonable time, which time shall be set forth in the order or,
at the option of the owner, to vacate or have said building vacated
and closed within the time set forth in the order; and
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 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.
[Amended 8-25-2022 by Ord. No. 2022-33]
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 may cause such building to be
repaired, altered or improved or to be vacated and closed. The Construction
Official may cause to be posted on the main entrance of any dwelling
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."
[Amended 8-25-2022 by Ord. No. 2022-33]
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official 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.
[Amended 8-30-2005 by Ord. No. 2005-29; 8-25-2022 by Ord. No. 2022-33]
A.
In the event that the Construction Official causes such building
to be repaired, altered, improved, vacated, closed, removed or demolished,
the cost of such repairs, alterations or improvements, or for the
filing of legal papers, expert witnesses' fees, search fees and
advertising fees in connection with the vacating, closing, or removal
and demolition charges, incurred in the course of any proceeding taken
under this chapter determined in favor of the municipality, 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 the cost was incurred.
B.
If the building is removed or demolished by the Construction Official,
he 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 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 exceed such
costs, the balance remaining shall be deposited in the Superior Court
by the Construction Official, 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 accuracy of the
costs set forth in the municipal lien certificate.
C.
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 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.
[Added 8-30-2005 by Ord. No. 2005-29]
Nothing in this chapter 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, nor is anything in N.J.S.A. 40:48-2.5 intended
to limit the authority of the enforcing agency or Construction Official
under the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A.
52:27D-119 et seq.) or any rules or regulations adopted thereunder.
[Amended 8-25-2022 by Ord. No. 2022-33]
The Construction Official may determine that a building is unfit for human habitation or occupancy or use if he/she finds that conditions existing in such building are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of Robbinsville Township. Such conditions may include, but shall not be limited to, defects increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness. The Construction Official, in reaching such determination, shall be guided by, among other things, the standards set by Chapter 142, Land Use, and by the pertinent requirements of Title 26 of the Revised Statutes of New Jersey.
