[HISTORY: Adopted by the Township Council of the Township of West
Milford 9-18-1991 by Ord. No. 1991-54.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any building or structure, or part thereof, whether used for human
habitation or otherwise, and includes any appurtenances belonging to or usually
enjoyed therewith.
The Health Officer of the Township of West Milford.
The legally designated health officer of the Department of Health
or an authorized representative of the Health Officer.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The Construction Official, all building code officials and fire officials.
Any building which is wholly or partly used or intended to be used
for living or sleeping quarters by human occupants.
A.
Building unfit for human habitation. A building shall
be deemed unfit for human habitation if 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;
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; uncleanliness.
B.
Additional standards of habitability for residential
dwellings. The "New Jersey State Housing Code" (1980 Revision) approved by
the Department of Health and Conservation and Economic Development and filed
in the Secretary of State's Office, as may be amended from time to time, shall
serve as a guide to the Board in determining whether residential dwellings
in this Township are safe, sanitary and fit for human habitation.
A.
Creation of Board.
[Amended 5-5-1993 by Ord. No. 1993-14; 12-18-2002
by Ord. No. 2002-43]
(1)
There is hereby created a Building Standards Board consisting
of:
(a)
One member of the Township Council to be appointed by
it.
(b)
The Construction Official or an employee of the Planning
and Building Department selected by the Construction Official to act as his
designee.
(c)
The Planning Director or his designee.
(d)
The Township Fire Official or his designee.
(e)
The Township Tax Collector or her designee.
(f)
Up to two private citizens to be appointed by the Township
Administrator.
[Amended 9-1-2004 by Ord. No. 2004-6]
(g)
The Health Officer who shall be the chairperson.
(h)
Up to two private citizens appointed by the Township Administrator
to act as alternates in the event the two citizen members are unable to attend
a scheduled meeting.
[Amended 9-1-2004 by Ord. No. 2004-6]
(2)
The Board shall hold meetings as necessary, and minutes
shall be kept.
B.
The Building Standards Board shall be responsible for
exercising the powers prescribed by this chapter.
A.
The Health Officer shall investigate the habitability
of any building within the Township whenever a petition is filed by any member
of the Building Standards Board or by at least five residents of the Township
charging that the building is unfit for human habitation.
B.
If the Health Officer's preliminary investigation discloses
a basis for such charges, a complaint shall be served upon the owner of and
parties in interest in such building stating the charges and containing notice
that a hearing will be held before the Building Standards Board.
C.
The Building Standards Board shall hold a hearing on
the complaint not more than 30 nor less than 10 days after service. The owner
and party in interest shall have the right to file an answer to the complaint
and to appear in person, or otherwise, and give testimony. Formal rules of
evidence shall not apply.
D.
Findings and orders. If, after notice and hearing, the
majority of the Building Standards Board finds that the building under consideration
is unfit for human habitation, the Board shall issue its findings of facts
in support of such determination and shall cause to be served upon the owner
thereof and parties in interest an order:
(1)
Repairs, alterations or improvements 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 times set forth in the orders; 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 for remove or demolish
the said building within a reasonable time as specified in the said order
of removal.
E.
Failure to comply with orders of the Board.
(1)
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 Board 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."
(2)
If the owner fails to comply with an order to remove
or demolish the building, the Board with the consent of the Township Council
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.
F.
Demolition or correction of defects by Township; recovery
of costs. Where demolition, correction of a defect in the premises, or work
necessary to place the premises in a proper condition so as to conform to
ordinances of the Township or applicable laws of the State of New Jersey,
requires expending Township monies, the enforcement official shall present
a report of work proposed to be done to accomplish the foregoing to the Township
Council with an estimate of the cost, along with a summary of the proceedings
undertaken by the enforcement official to secure compliance, including notices
served upon the occupants, owners, operators or other agents, as the case
may be. The Township Council may thereupon, by resolution, authorize the demolition,
correction of the defect or work necessary to place the premises in proper
condition and in compliance with this code. The enforcement official or the
Director of the Township Department of Public Works and Engineering, depending
upon the volume of the work to be performed, may thereafter proceed to have
the work performed in accordance with the resolution at Township expense,
not to exceed the amount specified in the resolution, and shall, upon completion
thereof, submit a report of the monies expended and costs to the Township
Council. After review of the report, the Township Council may approve the
expense and costs, whereupon the same shall become a lien against the premises,
collectible as provided by law. A copy of the resolution approving the expenses
and costs shall be certified by the Township Clerk, whereupon the same shall
be filed with the Tax Collector of the Township, who shall be responsible
for the collection, and a copy of the report and resolution shall be sent
by certified mail, return receipt requested, to the owner.
[Amended 9-1-2004 by Ord. No. 2004-6]
Any person affected by any order issued by the Board shall be given
an opportunity to be heard by the Township Administrator, provided written
request for a hearing is made to the Administrator within 10 days after service
of the order. The written request for the hearing shall be filed with the
Township Clerk and shall specify in detail the reasons why the person affected
believes the order of the Board was not justified. The Township Administrator
may affirm, modify or revoke the order.
[Amended 9-1-2004 by Ord. No. 2004-6]
Whenever the enforcement official finds that an emergency exists which
requires immediate action to protect the public health or safety, he may,
without notice of hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as he deems necessary to
meet the emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately, but upon petition to the Township
Administrator the owner shall be afforded a hearing as soon as possible. After
such hearing, depending upon his findings as to whether the provisions of
this chapter and of the rules and regulations adopted pursuant thereto have
been complied with, the Township Administrator shall continue such order in
effect, or modify it.
A.
The Health Officer may, upon receipt of a petition to determine fitness in accordance with § 94-4A, apply to the Municipal Judge of the Township of West Milford for a search warrant.
B.
The Health Officer may apply to the Municipal Judge of
the Township of West Milford for a search warrant to gain access to any structure
where he has probable cause to believe that a violation of this chapter is
occurring or where such inspections are required as part of a routine inspection
survey.
[Added 9-2-1992 by Ord. No. 1992-36]
Any person who violates any provision of this chapter shall, in addition to any other penalties or orders provided by ordinance or statute, and upon conviction, be subject to the general penalty as set forth in Chapter 1, Article III, General Penalty, of the Code of the Township of West Milford. It shall be a violation of this chapter for any person to fail to comply with an order duly issued by the Building Standards Board.
