[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 12-19-1996 by Ord. No. 96-15.
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 of South Hackensack ("Township") which are so old, dilapidated
or have become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation, occupancy or use are inimical
to the welfare and dangerous and injurious to the health and safety
of the residents of the Township and that a public necessity exists
for the repair, closing or demolition of such building or buildings
or part thereof. It is hereby found that there may exist in the Township
a building or buildings which are unfit for human habitation, occupancy
or use due to dilapidation, defects increasing the hazards of fire,
accidents or other calamities, lack of ventilation, light or sanitation
facilities, or due to other conditions rendering such building or
buildings, or part thereof, unsafe or unsanitary, dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the
residents of the Township, and as to which the Township has the power,
pursuant to N.J.S.A. 40:48-2.3 et seq., to exercise its police powers
to repair, close or demolish or cause or require the repairing, closing
or demolition of such buildings, or part thereof, in the manner herein
provided.
Any building or buildings or parts thereof which
have been damaged to such an extent that nothing remains but the walls
or parts of the walls and other supports shall, regardless of the
safety and sturdiness of those remaining walls or parts thereof, be
deemed inimical to the welfare of the residents of the Township, and
the Township may exercise its police powers to repair, demolish or
cause the repairing or demolishing of the building or buildings or
parts thereof pursuant to N.J.S.A. 40:48-2.3 et seq., and the procedure
set forth herein.
The following, whenever used or referred to
in this chapter, unless a different meaning clearly appears from the
context, shall mean:
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses, and appurtenances
belonging thereto or usually enjoyed therewith.
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.
Any officer who is in charge of any department or branch
of the government of the Township relating to health, fire, building
regulations or to other activities concerning buildings in the Township.
The officer, officers, board or body that is or are appointed
by the Township Committee pursuant to this Chapter to exercise the
powers prescribed herein.
The Township Committee shall appoint a Public
Officer for the purpose of exercising the powers prescribed in this
chapter. The Public Officer shall serve a three-year term.
For the purpose of this chapter, the Public
Officer may determine that a building or dwelling is unsafe or unfit
for human habitation or use if the Public Officer finds that conditions
exist in such building or dwelling which are dangerous or injurious
to the health or safety of the occupants of such building or dwelling,
the occupants of neighboring buildings or dwellings or other residents
of the Township. Such conditions may include the following, without
limiting the generality of the foregoing:
Pursuant to N.J.S.A. 40:49-5.1 et seq., the
New Jersey State Housing Code approved by the Department of Community
Affairs (N.J.A.C. 5:28-1.1), the State Uniform Construction Code (N.J.S.A.
52:27D-119 et seq.) and the State Uniform Fire Safety Act (N.J.S.A.
52:27D-192 et seq.), and any rules or regulations adopted thereunder,
are hereby accepted, adopted and established as standards to be used
as guides in determining the fitness of a building for human habitation,
occupancy or use. A copy of these codes are made a part of this chapter,
and copies thereof have been placed on file in the office of the Township
Clerk and will remain on file there for the use and examination by
the public.
Whenever a petition is filed with the Public
Officer by a public authority, or by at least five residents of the
Township, charging that any building or dwelling is unfit for human
habitation, occupancy or use, or whenever it appears to the Public
Officer on his or her own motion that any building or dwelling is
unfit for human habitation, occupancy or use or that any building
or dwelling is dangerous or unsafe, 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 or dwelling a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Public Officer, or designated agent, at a place therein fixed
not less than seven days nor more than 30 days after the service 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 Public Officer.
If, after such notice and hearing, the Public
Officer determines that the building or dwelling under consideration
is unfit for human habitation, occupancy or use, or is dangerous or
unsafe, the Public Officer shall state, in writing, his or 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
requiring the repair, alteration or improvement of said building or
dwelling 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 or dwelling vacated and closed within
the time set forth in the order.
A.
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 said building within
the time specified in the order, then the owner may be required to
remove or demolish said building or dwelling within a reasonable time
as specified in said order of removal.
B.
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 or dwelling, 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 or dwelling so closed, a placard with the following words:
"This building or dwelling is unfit for human habitation, occupancy
or use; the use or occupation of this building or dwelling is prohibited
and unlawful."
C.
If the owner fails to comply with an order to remove
or demolish the building or dwelling, the Public Officer may cause
such building or dwelling to be removed or demolished or may contract
for the removal or demolition thereof after advertisement for, and
receipt of, bids therefor.
If the owner fails to comply with an order to
repair, alter or improve, the Public Officer may appoint a custodian
of such building or dwelling on behalf of the Township, who may be
either an official of the Township or any other person specially designated
to enter into and take charge of the premises and supervise abatement
of the nuisance, the correction of the defective condition or the
maintenance of the premises in a proper condition so as to conform
to the requirements of the Township Code and state laws applicable
thereto. Compensation of the custodian, which shall be part of the
expenses provided for below, shall be at a rate to be established
by resolution of the Township Committee but in no event more than
$100 per day.
If the owner violates this chapter or fails
to abate a condition harmful to the health and safety of the occupants
of the building or dwelling and the general public in the Township
after notice and opportunity so to do, the Public Officer may, by
and with the approval of the Township Committee, bring an action in
the Superior Court to be appointed receiver ex officio of the rents
and income in the manner described in N.J.S.A. 40:48-2.12h through
40:48-2.12k.
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 the cost of repairs, alterations
or improvements, or vacating and closing, or removal or demolitions,
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 dwelling or from any contract for removal or demolition
thereof, including the clearance and, if necessary, leveling of the
site shall be a municipal lien against the real property upon which
such costs were incurred. If the building or dwelling is removed or
demolished by order of the Public Officer, he or she shall sell the
materials of such building or dwelling. There shall be credited against
the cost of the removal or demolition thereof the proceeds of any
sale of such materials or any such 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 and the Township Tax
Collector, and a copy thereof shall be forthwith forwarded to the
owner by registered or certified mail. If the total of the credits
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the Public Officer and shall be disbursed according
to the order of judgment of the Court to the persons found to be entitled
thereto by final order of 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 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.
If an actual and immediate danger to life is
posed by the threatened collapse of any fire-damaged or other structurally
unsafe building or dwelling, the Public officer may, after taking
such measures as may be necessary to make such building or dwelling
temporarily safe, seek a judgment in summary proceedings for the demolition
thereof. Nothing herein 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 this chapter intended to limit the authority of
the enforcing agency or Construction Official under the State Uniform
Construction Code, N.J.S.A. 52:27D-119 et seq., the State Uniform
Fire Safety Act, N.J.S.A. 52:27D-192 et seq., or any rules or regulations
adopted thereunder.
Complaints or orders issued by the Public Officer
pursuant to this chapter shall be served upon persons either personally
or by registered or certified mail, but if the whereabouts of such
persons are 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
in a newspaper printed and published in the Bergen County and circulating
in the 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 shall be recorded or lodged for record with the
Register of Bergen County.
Any person aggrieved by an order issued by the
Public Officer under this chapter may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the Public Officer from carrying out the provisions of the
order and for any other appropriate relief. The Court may proceed
in the action in summary manner or otherwise. The remedy herein provided
shall be exclusive, and no person affected by an order of the Public
Officer shall be entitled to recover any damages for action taken
pursuant thereto or because of noncompliance by any person with any
order of the Public Officer.
The Public 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 chapter,
including the following powers in addition to others herein granted:
A.
To investigate the building or dwelling conditions
in the Township in order to determine which buildings or dwellings
therein are unfit for human habitation, occupancy or use.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
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.
D.
To appoint and fix the duties of such officers, agents
and employees as the Public Officer deems necessary to carry out the
purposes of this chapter.
E.
To delegate any of the Public Officer's functions
and powers under this chapter to such officers and agents as he or
she may designate.
The Township Committee shall prepare an estimate
of the annual expenses or costs to provide the equipment, personnel
and supplies necessary for periodic examinations and investigations
of the buildings or dwellings in the Township for the purpose of determining
the fitness of such buildings or dwellings for human habitation, occupancy
or use, and the enforcement and administration of this chapter, and
shall authorize such appropriation from its revenues as it may deem
necessary for this purpose and may accept and apply grants or donations
to assist it in carrying out the provisions of this chapter.
Nothing in this chapter shall be construed to
abrogate or impair the powers of the courts or any department of the
Township to enforce any provisions of its charter, ordinances, Code
or regulations, nor to prevent or punish violations thereof, and the
powers conferred by this chapter shall be in addition and supplemental
to the powers conferred by any other law.
[Amended 2-14-2008 by Ord. No. 2008-02]
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction, be subject
to a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days, a period of community service not exceeding 90 days, or any
combination thereof. Each violation of any of the provisions of this
chapter and each day the same shall continue to be violated shall
constitute a separate and distinct offense.
