[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Byram 10-2-1974 as Sec. 13-3 of the Revised
General Ordinances of 1974. Amendments noted where applicable.]
A.
In accordance with the provisions of N.J.S.A. 40:49-5.1,
the New Jersey State Housing Code, as approved by the Departments
of Health and Conservation and Economic Development and filed in the
Secretary of State's office on January 31, 1962, is hereby adopted
as a standard governing supplied utilities and facilities and other
physical things and conditions essential to making dwellings safe,
sanitary and fit for human habitation, occupancy or use and governing
the condition of dwellings. A copy of the New Jersey State Housing
Code is attached to and made a part of this section without the text
being included herein.
B.
Three copies of the New Jersey State Housing Code
have been placed on file in the office of the Clerk and will remain
on file there for use and examination by the public.
[Amended 11-19-1990 by Ord. No.
14-1990]
The administrative and enforcing authority for
the provisions of this chapter shall be the public officer. As used
herein, the term "public officer" shall mean the Township Manager.
This chapter shall constitute the standards
to guide the public officer in determining the fitness of any dwelling
unit, rooming unit or premises for human habitation, use or occupancy.
The public officer may make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of making the provisions of this chapter more effective. No
regulation shall be inconsistent with or alter or amend any provision
of this chapter, and no regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly
or by implication imposed by any provision of this chapter. Rules
and regulations shall be subject to the same penalty as other violations
of this chapter.
The public officer or his agents or employees
shall make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Township. For
the purpose of making inspections, the public officer or his agents
are authorized to enter and examine any dwelling, dwelling unit, rooming
unit or premises at such reasonable hours as the circumstances of
the case permit. This section shall not be construed to prohibit the
entry of the public officer or his agents at any time when an actual
emergency exists which tends to create a danger to public health or
safety or at any time when an inspection is requested by an owner
or occupant.
The owner, occupant or person in charge of a
dwelling, dwelling unit or rooming unit shall give the public officer
or his agents, on their presentation of proper identification, free
access to the premises for the purpose of inspection or of making
any repairs or alterations which are necessary to effect compliance
with this chapter.
The public officer or his agents may, upon affidavit,
apply to the Judge of the Municipal Court of the Township for a search
warrant setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a nuisance or violation
of this chapter exists on the premises; and if the Municipal Judge
is satisfied as to the matter set forth in the affidavit, he shall
authorize the issuance of a search warrant permitting access to and
inspection of that part of the premises on which the nuisance or violation
may exist. Search warrants may also be obtained in connection with
a general program of inspection.
Whenever the public officer determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, he shall give notice of the alleged violation to
the person or persons responsible therefor as hereinafter provided.
A.
The notice shall:
(1)
Be put in writing;
(2)
Include a statement of the reasons why it is being
issued;
(3)
Allow a reasonable time for the performance of any
act it requires;
(4)
Be served upon the owner or his agent, or the occupant,
as the case may require, provided that notice shall be deemed to be
properly served upon such owner or agent or upon such occupant if
a copy thereof is served upon him personally or if a copy thereof
is sent by certified mail to his last-known address or if a copy thereof
is posted in a conspicuous place in or about the dwelling affected
by the notice or if he is served with such notice by any other method
authorized or required under the laws of this state.
B.
The notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter and with the rules and regulations adopted pursuant thereto.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provisions of this chapter,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the public officer,
provided that such person files in the office of the public officer
a written petition requesting a hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day the
notice is served.
B.
Upon receipt of the petition, the public officer shall
set a time and place for the hearing and shall give the petitioner
written notice thereof. At the hearing, the petitioner shall be given
an opportunity to be heard and to show why the notice should be modified
or withdrawn. The hearing shall be commenced not later than 10 days
after the day on which the petition is filed, provided that, upon
application of the petitioner, the public officer may postpone the
date of the hearing for a reasonable time beyond the ten-day period
if in his judgment the petitioner has submitted a good and sufficient
reason for the postponement. After the hearing, the public officer
shall sustain, modify or withdraw the notice, depending upon his findings
as to whether the provisions of this chapter and the rules and regulations
adopted pursuant thereto have been complied with. If the public officer
sustains or modifies the notice, it shall be deemed to be an order.
Any notice served pursuant to this chapter shall automatically become
an order if a written petition for a hearing is not filed in the office
of the public officer within 10 days after notice is served.
C.
The proceedings at the hearing, including the findings
and the decision of the public officer, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the public officer. The record shall also include a copy of every
notice or order issued in connection with the matter. Any person aggrieved
by the decision of the public officer may seek relief therefrom in
any court of competent jurisdiction, as provided by the laws of the
state.
D.
Whenever the public officer finds that an emergency
exists which requires immediate action to protect public health or
safety, he may, without notice or 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. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the public officer 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 public officer shall continue such order in effect or modify
or revoke it.
[Amended 11-19-1990 by Ord. No. 14-1990]
Whenever a petition is filed with the public
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 dwelling
is unfit for human habitation as defined in the Housing Code or whenever
it appears to the public officer on his own motion that any dwelling
is unfit for human habitation, he shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such dwelling a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the public officer at a place therein
fixed not fewer 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 public
officer.
A.
If after notice and hearing as provided above the
public officer determines that the dwelling under consideration is
unfit for human habitation, as defined in the Housing Code, he shall
state in writing his 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 the building to be made by the owner, within a reasonable time,
which shall be set forth in the order, or, at the option of the owner,
to vacate or to have the 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 building within
the time specified in the order, that the owner shall remove or demolish
the building within a reasonable time as specified in the 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 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 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.
If the owner fails to comply with an order to remove
or demolish the building, the public officer may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor.
E.
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 and determined
in favor of the Township and the cost of 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.
F.
If the building is removed or demolished by the public
officer, he shall sell the materials of such building. There shall
be credited against the cost of 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 Municipal Tax Assessor or other
custodian of the records of tax liens, and a copy thereof shall be
forthwith forwarded to the owner by 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, 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 the final order or judgment of such Court; provided,
however, that 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. 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.
[Amended 11-19-1990 by Ord. No. 14-1990]
[Amended 11-19-1990 by Ord. No. 14-1990]
Complaints or orders issued by the public officer
pursuant to this chapter shall be served upon persons either personally
or by certified mail, but if the whereabouts of such persons is 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 the complaint or order upon such
persons may be made by publishing the same once in a newspaper having
circulation 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 of such complaint or order shall be duly recorded
or lodged for record with the Sussex County recording 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, in addition to others herein granted:
A.
To investigate the dwelling conditions in the Township
in order to determine which dwellings therein are unfit for human
habitation.
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 a 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 he deems necessary to carry out the purpose of this
chapter.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
