Township of Maple Shade, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Maple Shade 10-1-1975 as Ch. 70 of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 88.
Nuisances — See Ch. 130.
Numbering of buildings — See Ch. 133.
Property maintenance — See Ch. 152.
Rodent control — See Ch. 156.
[Amended 11-8-2012 by Ord. No. 2012-15[1]]
For purposes of administration and enforcement of this chapter, the Burlington County Health Department is hereby designated as Housing Inspector for the Township of Maple Shade and shall exercise the powers prescribed by this chapter. All references in this chapter to the "Housing Inspector" shall be deemed to mean the Burlington County Health Department or its duly authorized agent.
[1]
Editor’s Note: This ordinance was repealed 7-26-2018 by Ord. No. 2018-11.
[Amended 3-2-1983 by Ord. No. 1983-4]
A. 
For the purpose of this article, the Housing Inspector may determine that a building is unfit for human habitation if he or she finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupant of neighboring buildings or other residents of the Township of Maple Shade.
B. 
Such conditions may include the following without limiting the generality of the foregoing:
(1) 
Defects therein increasing the hazards of fire, accident or other calamities.
(2) 
Lack of adequate ventilation, light or sanitary facilities.
(3) 
Dilapidation.
(4) 
Disrepair, structural defects or uncleanliness.
[Amended 11-8-2012 by Ord. No. 2012-15[1]]
Pursuant to the provisions of Chapter 21, P.L. 1946 (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 is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation, occupancy or use. A copy of the New Jersey State Housing Code is annexed to the ordinance adopting this chapter, and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
[1]
Editor’s Note: This ordinance was repealed 7-26-2018 by Ord. No. 2018-11.
[Added 10-19-2005 by Ord. No. 2005-15[1]; amended 2-15-2006 by Ord. No. 2006-1]
Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the 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 article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Health Officer, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Health Officer shall continue such order in effect, modify it or revoke it.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 106-4 through 106-11 as §§ 106-5 through 106-12, respectively.
[Amended 3-2-1983 by Ord. No. 1983-4; 9-20-2000 by Ord. No. 2000-11]
Whenever a petition is filed with the Housing Inspector by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the municipality, charging that any building is unfit for human habitation as herein defined, or whenever it appears to the Housing Inspector on his or her own motion that any building is unfit for human habitation as herein defined, he or she 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 a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Housing Inspector or his or her designated agent at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint. Such notice shall also state 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 Housing Inspector.
A. 
If, after such notice and hearing, the Housing Inspector determines that the building under consideration is unfit for human habitation as herein defined, he or she 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 containing the following requirements and/or provisions:
[Amended 3-2-1983 by Ord. No. 1983-4]
(1) 
The repair, alteration or improvement of 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, the vacation and closing of said building within the time set forth in the order.
(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 said building within the time specified in the order, that the owner remove or demolish the said building within a reasonable time as specified in the said order of removal.
(3) 
That, 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 Housing Inspector may cause such building to be repaired, altered or improved, or to be vacated and closed; and that the Housing Inspector 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."
(4) 
That, if the owner fails to comply with an order to remove or demolish the building, the Housing Inspector 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.
(5) 
That 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 proceedings taken under this chapter determined in favor of the municipality; and the cost of such 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.
B. 
If the building is removed or demolished by the Housing Inspector, he or she shall sell the materials of such building. There shall be credited against the cost of the 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 registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Housing Inspector, 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; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
C. 
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 9-20-2000 by Ord. No. 2000-11]
D. 
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Housing Inspector 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 9-20-2000 by Ord. No. 2000-11]
E. 
Nothing in this section 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 act 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.
[Added 9-20-2000 by Ord. No. 2000-11]
[Amended 3-2-1983 by Ord. No. 1983-4]
Complaints or orders issued by the Housing Inspector pursuant to this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Housing Inspector in the exercise of reasonable diligence, then the Housing Inspector shall make an affidavit to that effect, and the serving of such complaint or order upon such persons may then be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Township of Maple Shade. 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 county recording officer of the county in which the building is located.
The Housing Inspector 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 conditions in the Township of Maple Shade in order to determine which buildings therein are unfit for human habitation.
[Amended 3-2-1983 by Ord. No. 1983-4]
B. 
To administer oaths and 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.
Nothing in this chapter shall be construed to abrogate or impair the power of the Township or any officer or department to enforce any provisions of its charter or its ordinances 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 upon the Township by any other law or ordinance.
[Amended 3-2-1983 by Ord. No. 1983-4]
The owner or occupant of every building, building unit and rooming unit or the person in charge thereof shall give the Housing Inspector, or any agent designated by the governing body for such purpose, free access to such building, building unit or rooming unit and its premises at all reasonable times for the purpose of inspection, examination and survey. Every occupant of a building or building unit shall give the owner thereof or his or her agent or employee access to any part of such building or building unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
[Amended 3-2-1983 by Ord. No. 1983-4]
No person shall occupy as owner-occupant or rent to another for occupancy any building or building unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a building is safe, sanitary and fit for human habitation.
[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 10-19-2005 by Ord. No. 2005-15; 2-15-2006 by Ord. No. 2006-1; 4-16-2008 by Ord. No. 2008-07]
Any person who shall violate any provisions of this chapter, upon conviction, shall be subject to the penalty as provided in Chapter 1, Article II, herein.[1]
[1]
Editor's Note: Former Article II, Certificate of Approval, adopted 11-8-2012 by Ord. No. 2012-15, which immediately followed this section, was repealed 10-23-2014 by Ord. No. 2014-18.