Pursuant to the provisions of Chapter 112 of the Laws of 1942 of the
State of New Jersey (N.J.S.A. 40:48-2.3 et seq., as said statute may from
time to time be amended or supplemented), and after the adoption of a resolution
by the Township Committee of the Township of Cranbury finding that there is
or are a building or buildings which exist in the Township of Cranbury which
is or are unfit for human habitation or occupancy or use due to dilapidation,
defects increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitary facilities, or due to other conditions rendering
such building or buildings, or parts thereof, unsafe or unsanitary or dangerous
or detrimental to the health or safety or otherwise inimical to the welfare
of the residents of the Township of Cranbury, it is hereby declared that this
chapter is in exercise of the police powers of the municipality to repair,
close or demolish, or cause or require the repairing, closing or demolition
of such building or buildings, or parts thereof, in the manner herein provided.
The following terms, whenever used or referred to in this chapter, shall
have the following meanings unless a different meaning clearly appears from
the context:
BUILDING
Any building, or structure, or part thereof, whether used for human
habitation or otherwise, and includes any accessory buildings and appurtenances
belonging thereto or usually enjoyed therewith.
DWELLING
A building or structure, or part thereof, containing one or more
dwelling units or lodging units.
DWELLING UNIT
A building or portion thereof providing living facilities for one
or more persons.
OWNERS
The holder or holders of title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of any department
or branch of the government of the municipality, county or state relating
to health, fire, building regulations or to other activities concerning buildings
in the municipality.
PUBLIC OFFICER
The Building Subcode Official of the Township of Cranbury and such
other designees as hereinafter provided.
TOWNSHIP
The Township of Cranbury in Middlesex County, New Jersey.
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 is
unfit for human habitation or occupancy or use, or whenever it appears to
the public officer, on the public officer's own motion, that any building
is unfit for human habitation or occupancy or use, the public officer, in
consultation with the Township Administrator, shall, if 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, 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 less than seven days
nor more than 30 days after the serving of said complaint, that the owner
and parties in interest shall have the right to file an answer to the complaint
and appear in person or by counsel 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 the hearing before the public officer.
If, after such notice and hearing, the public officer determines that the building under consideration is unfit for human habitation or occupancy or use, in addition to the written report required under §
64-7D above, the public officer shall issue and cause to be served upon the owners thereof and parties in interest an order:
A. Requiring the repair, alteration or improvement 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 said building vacated and closed within the time set forth in the
order; and
B. If the building is in such 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 shall be required to remove or demolish said
building within a reasonable time as specified in said order of removal.
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 a summary manner or otherwise as provided by statute
or rule. 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 to this chapter or because of noncompliance by any
person with any order of the public officer.
In addition to the powers of this chapter granted to the public officer,
the public officer shall also have the following powers:
A. To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B. To administer oaths and affirmations, examine witnesses
and receive evidence.
C. 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 persons in possession.
D. To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this chapter,
provided such appointments are first approved in writing by the Township Administrator.
E. To delegate any of the functions and powers of the public
officer under this chapter to such officers and agents as the public officer
may designate, provided such delegation and/or designation is first approved
in writing by the Township Administrator.
The provisions of the New Jersey State Uniform Construction Code, N.J.S.A.
52:27D-119 et seq., and the New Jersey State Housing Code, N.J.S.A. 2A:42-76
et seq., are hereby accepted, adopted and established as a standard to be
used as a guide in determining the fitness of a building for human habitation
or occupancy or use. A copy of the New Jersey State Housing Code and New Jersey
Uniform Construction Code is on file in the Township Clerk's office.
The failure, neglect or refusal of any person to comply with any order
made by the public officer pursuant to the provisions hereof or the hindrance
by any person of the public officer in making any investigation under this
chapter shall constitute a violation of this chapter.
For any violation of this chapter, the violator shall be subject to such fines and other penalties as provided for in Chapter
1, §
1-15 of this Code, entitled "General penalty; continuing violations."